SECOND CLASS COUNTY CODE |
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| Act of Jul. 28, 1953, P.L. 723, No. 230 | Cl. 16 | |
AN ACT
Relating to counties of the second class and second class A; amending, revising, consolidating and changing the laws relating thereto. (Title amended Oct. 20, 1967, P.L.472, No.224)
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under Act 230 are transferred to the Department of Community and Economic Development.
Compiler's Note: Section 2104 of Act 32 of 1989 provided that Act 230 is repealed insofar as it is inconsistent with Act 32.
Compiler's Note: Section 1 of Act 165 of 1970 provided that the limits heretofore imposed by Act 230 upon the rates of interest and interest costs permitted to be paid upon bonds, obligations and indebtedness issued by the Commonwealth or its agencies or instrumentalities or authorities, and by local political subdivisions or their agencies or authorities, are hereby removed for such bonds, obligations or indebtedness.
Compiler's Note: Pursuant to the act of Oct. 20, 1967, P.L.472, No.224 and others, the Second Class County Code has been made partially applicable to counties of the second class A. However, under certain circumstances this act may apply only to one or the other, with other acts applying to the other. Therefore, please be careful whenever reading any provision to ascertain its correct application.
CONTENTS
Sections
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2147 |
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(h) Aid to Fire Fighting
Departments and Companies
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2152 |
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(i) Utilities
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2155-2157 |
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(j) Law Libraries
(Repealed)
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2162 |
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(k) Rewards
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2171 |
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(l) Garbage and Refuse
Disposal
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2175-2193 |
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(m) Smoke Control
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2195-2197 |
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(n) Surplus Foods and Food
Stamp Program
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2198-2198.1 |
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(o) Museums of Fine Art or
Natural History
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2199 |
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(p) Public Defender
(Repealed)
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2199.1-2199.8 |
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(p.1)Legal Aid Services
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2199.1A |
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(q) Parking Facilities
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2199.9 |
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(r) Traffic Control Devices |
2199.10 |
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(s) Reservoirs and Water
Resources
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2199.11 |
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(t) Appropriations for
Recreation
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2199.12 |
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(u) Industrial Development and Tourist Promotion
Agencies
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2199.13-2199.15 |
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(v) Health and Welfare
Programs with the Federal Government
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2199.16 |
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(w) Non-debt Revenue Bonds
for Industrial Development Projects
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2199.17 |
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(x) Insurance Liability for Errors and Omissions (Repealed)
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2199.18 |
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3170-B-3173-B |
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Article I
Preliminary Provisions
Section 101. Short Title.--This act shall be known and may be cited as the Second Class County Code. The provisions of this act shall become effective on the first day of the month next following its final enactment.
Section 102. Applicability.--Except where otherwise specifically limited, this act applies to all counties of the second class and second class A.
(102 amended Oct. 20, 1967, P.L.472, No.224)
Section 103. Excluded Provisions.--This act does not include any provisions of and shall not be construed to repeal:
(1) The Municipal Borrowing Law, approved the twenty-fifth day of June, one thousand nine hundred forty-one (Pamphlet Laws 159).
(2) The Pennsylvania Election Code, approved the third day of June, one thousand nine hundred thirty-seven (Pamphlet Laws 1333).
(3) The County Institution District Law, approved the twenty-fourth day of June, one thousand nine hundred thirty-seven (Pamphlet Laws 2017).
(4) The Local Health Administration Law, approved the twenty-fourth day of August, one thousand nine hundred fifty-one (Pamphlet Laws 1304).
(5) The Municipal Unclaimed Moneys Act, approved the seventeenth day of May, one thousand nine hundred forty-nine (Pamphlet Laws 1403).
(6) Any law relating to the collection of municipal and tax claims.
(7) Except as provided by Articles XIX-A and XIX-B, any law relating to the assessment and valuation of property and persons for taxation. ((7) amended July 17, 2007, P.L.130, No.38)
(8) Any law relating to the giving of county consent to public utility corporations.
(9) Any law relating to State highways.
(10) Any law relating to the validation of elections, bonds, resolutions and accounts of corporate officers.
(11) Any law relating to collections by county officers of moneys for the Commonwealth and the issuance of State licenses.
(12) Any law relating to the government and regulation of jails, prisons and other correctional institutions and the commitment thereto and maintenance and care of prisoners or inmates therein.
(13) Any law relating to civil and criminal procedure, except special provisions concerning actions by or against counties or county officers.
(14) Any law relating to joint county and municipal buildings and works.
(15) Any law relating to county libraries, except law libraries.
(16) Any law relating to the recording of deeds, mortgages or other instruments in writing.
(17) Any law relating to the clerk or clerks of the County Court of Allegheny County.
(18) Any law relating to the re-binding, re-indexing and transcribing of records in county offices.
(19) Any law relating to the fees of county officers.
(20) Any temporary law.
(21) Any amendment or supplement of any of the laws referred to in this section.
(22) Court criers and tipstaves, official court stenographers and interpreters and court room employes.
Compiler's Note: See sections 3 and 5 of Act 38 of 2007, which amended section 103, in the appendix to this act for special provisions relating to construction of law and applicability.
Section 104. Saving Clause.--(a) The provisions of this act, as far as they are the same as those of existing laws, shall be construed as a continuation of such laws and not as new enactments. The repeal by this act of any provisions of law shall not revive any law heretofore repealed or superseded, nor affect the existence or class of any county heretofore created. The provisions of this act shall not affect any act done, liability incurred or right accrued or vested, nor affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of such repealed laws.
(b) All resolutions, regulations and rules made pursuant to any act of Assembly repealed by this act shall continue with the same force and effect as if such act had not been repealed. All local acts of Assembly applying to the County of Allegheny not specifically repealed by this act shall continue in force and any provisions of this act inconsistent therewith shall not apply to said county.
(c) All acts and parts of acts of Assembly relating to counties or to particular classes of counties in force at the time of the adoption of this act and not repealed hereby shall remain in force in the same manner and with the same effect as prior to the adoption of this act.
Section 105. Holding of Office.--Any person holding elective office under any act of Assembly repealed by this act shall continue to hold such office until the expiration of the term thereof, subject to the conditions and salary attached to such office prior to the passage of this act.
Section 106. Construction of References.--Whenever in this act reference is made to any act by title or name, such reference shall also apply to and include any codifications wherein the provisions of the act referred to are substantially reenacted or to reenactments, revisions or amendments of the act.
Section 107. Constitutional Construction.--The provisions of this act shall be severable, and if any of its provisions are held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act. It is hereby declared as a legislative intent that this act would have been adopted by the General Assembly had such unconstitutional provisions not been included therein.
Section 108. Legislation According to Class.--The affairs of counties of the second class are herein and shall hereafter be legislated for and regulated by general laws applicable to said counties. All laws adopted by the General Assembly for counties of the second class shall be deemed to be general laws.
Section 108.1. Collection of Tax on Real Property from Rent Paid to Owner.--(a) Where the owner of any residential or commercial real property which is subject to a claim pursuant to the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law, derives any rental income from that property, the county treasurer shall notify the property owner in writing of his duty to remit that rental income to the office of the county treasurer. The rent so remitted is to be applied to the amount of tax owed, along with any interest or penalties due, until the claim is paid in full.
(b) The notice of the county treasurer shall include the amount of the claim on the property, including interest and penalties, and the date or dates the rental income is to be remitted. If after fifteen days of the date or dates specified in the notice the property owner fails to remit the rental income the county may immediately begin the judicial sale process provided for in the Municipal Claim and Tax Lien Law.
(108.1 added May 16, 1996, P.L.210, No.39)
Section 109. Proceedings for Recovery of Penalties.--Unless herein otherwise specifically provided, in every case in which any pecuniary penalty or forfeiture is imposed by this act, the proceeding for the recovery of the same shall be by indictment in the court of quarter sessions or by civil action as debts of equivalent amount are by law recoverable. Aldermen or justices of the peace shall not have jurisdiction of any suit or action for the recovery of any penalty imposed by this act for official misconduct. Such suit or action, when brought in the court of common pleas, shall have preference for trial over all other actions.
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 109.1. Collection of Tax and Municipal Claims by Suit; Limitations.--(a) In addition to the remedies provided by law for the collection of tax and municipal claims, the county may proceed for the recovery and collection of any tax or municipal claim against any owner or owners of the property owing such tax or municipal claim by a civil action or other appropriate remedy. To each judgment obtained for such taxes or municipal claim, there shall be added a penalty of ten per cent, interest at the prevailing legal rate and costs of suit. Upon judgment, execution may be issued without any stay or benefit of any exemption law.
(b) The right of the county to collect unpaid taxes or municipal claims under the provisions of this section shall not be affected by the fact that such tax or municipal claims have or have not been entered as liens in the office of the prothonotary.
(c) A civil action brought to recover unpaid taxes or municipal claims shall be commenced within twenty years after the tax is due or after the completion of the improvement from which said claim arises.
(d) The remedy granted under this section shall be applied retroactively.
(109.1 amended May 16, 1996, P.L.210, No.39)
Section 110. Publication of Legal Notices.--Whenever under the provisions of this act advertisement, notice or publication is required to be published in one newspaper, such publication shall be made in a newspaper of general circulation, as defined by the act, approved the sixteenth day of May, one thousand nine hundred twenty-nine (Pamphlet Laws 1784), known as the Newspaper Advertising Act, printed in the county, unless the matter in connection with which the advertising is being done affects only a political subdivision, in which case such advertisement shall be published in a newspaper printed in such political subdivision, if there is such a newspaper, and if not, then in a newspaper circulating generally in such political subdivision. If such notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation, defined as aforesaid, printed, if there be such a newspaper, or circulating generally, as above provided, in the county. When such notice relates to any proceeding or matter in any court, or the holding of an election for the increase of indebtedness, or the issue and sale of bonds to be paid by taxation, such notice shall also be published in the legal newspaper, if any, designated by the rules of court of the proper county for the publication of legal notices and advertisement, unless such publication be dispensed with by special order of court. All ordinances, auditors' reports, controllers' reports, or advertisements inviting proposals for public contracts and for bids for materials and supplies, shall be published only in newspapers of general circulation, as hereinbefore defined.
Section 111. Adoption of Budgets for 2001.--(111 expired February 1, 2001. See Act 85 of 2000.)
Section 112. Adjustments Based on Consumer Price Index.--(a) Adjustments to the base amounts shall be made as follows:
(1) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending September 30, 2012, and for each successive twelve-month period thereafter.
(2) If the department determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this subsection.
(3) (i) If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.
(ii) The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars ($100) to determine the final adjusted base amounts.
(4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest one hundred dollars ($100) to determine the new final adjusted base amounts.
(5) The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.
(6) The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.
(7) The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding or written or telephonic price quotations are required for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this subsection for the ensuing calendar year.
(8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed three per cent.
(112 added Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which added section 112, provided that Act 89 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 6.
Article II
Names and Corporate Powers
Classification of Counties
(a) Division of the State into Counties;
Corporate Powers
Section 201. Enumeration of Counties.--The State shall be divided into the following sixty-seven named counties, as now established by law: Philadelphia, Bucks, Chester, Lancaster, York, Cumberland, Berks, Northampton, Bedford, Northumberland, Westmoreland, Washington, Fayette, Franklin, Montgomery, Dauphin, Luzerne, Huntingdon, Allegheny, Mifflin, Delaware, Lycoming, Somerset, Greene, Wayne, Adams, Centre, Beaver, Butler, Mercer, Crawford, Erie, Warren, Venango, Armstrong, Indiana, Jefferson, McKean, Clearfield, Potter, Tioga, Cambria, Bradford, Susquehanna, Schuylkill, Lehigh, Lebanon, Columbia, Union, Pike, Perry, Juniata, Monroe, Clarion, Clinton, Wyoming, Carbon, Elk, Blair, Sullivan, Forest, Lawrence, Fulton, Montour, Snyder, Cameron and Lackawanna.
Section 202. General Powers.--The county shall have capacity as a body corporate to:
(1) Have succession perpetually by its corporate name.
(2) Sue and be sued and complain and defend in all proper courts by the name of the county of ..........................
(3) Purchase, acquire by gift or otherwise, hold, lease, let and convey such real and personal property as shall be deemed to be for the best interests of the county.
(4) Make contracts for carrying into execution the laws relating to counties and for all lawful purposes.
(5) Have and use a seal which shall be in the custody of the commissioners thereof. The official acts of the commissioners shall be authenticated therewith. There shall be engraved upon such seal the same device as is engraved upon the great seal of the State, together with the name of the county.
(6) To make appropriations for any purpose authorized by this or any other act of the General Assembly.
Section 203. Vesting of Corporate Power.--The corporate power of the county shall be vested in a board of county commissioners.
(b) Classification
Section 210. Counties Divided Into Nine Classes.--(210 repealed Oct. 1, 2021, P.L.408, No.74, and May 8, 2024, P.L.50, No.14)
Section 211. Ascertainment, Certification and Effect of Change of Class.--(211 repealed Oct. 1, 2021, P.L.408, No.74, and May 8, 2024, P.L.50, No.14)
Article III
Fixing and Relocating Lines and
Boundaries
Section 301. Petition to Superior Court.--(a) The boundary line between any two adjoining counties may be determined, surveyed, relocated or marked in the manner provided by this article. ((a) repealed in part Apr. 28, 1978, P.L.202, No.53)
(b) Such a proceeding shall be instituted on petition of any taxpayer, the county commissioners or the corporate authorities of any political subdivision of either of the counties involved.
Compiler's Note: Section 509(k) of Act 223 of 1970 provided that section 301 is repealed insofar as it vests jurisdiction and powers in the Superior Court and such jurisdiction and powers are vested by Act 223 in the Commonwealth Court.
Section 302. Superior Court to Designate Neutral Court; Appointment of Commission.--(a) The court, upon the filing of such petition, shall designate a court of a county not affected by the question and not adjoining either of the counties involved to act in the proceeding. The court so designated shall sit in its home county. ((a) repealed in part Apr. 28, 1978, P.L.202, No.53)
(b) If it appears to the court so designated that the county line or any part thereof should be surveyed or marked, it shall appoint a commission composed of three surveyors or professional engineers in civil engineering to act for the court, as hereinafter provided.
Compiler's Note: Section 2 of Act 53 of 1978 provided that upon petition the Commonwealth Court shall designate the court having jurisdiction under section 302. All actions by or against a county of the second class or second class A shall be conducted by the board of commissioners.
Compiler's Note: Section 509(k) of Act 223 of 1970 provided that section 302 is repealed insofar as it vests jurisdiction and powers in the Superior Court and such jurisdiction and powers are vested by Act 223 in the Commonwealth Court.
Section 303. Compensation; Assistants and Expenses.--(a) The surveyors or professional engineers in civil engineering composing such commission shall each receive such compensation as the court shall fix for the time necessarily spent in the discharge of their duties and, in addition thereto, shall be reimbursed the necessary expenses incurred by them respectively while engaged upon the work of such commission.
(b) The commission may employ such assistants as the court shall allow, at a compensation to be fixed by the court, and such assistants shall be reimbursed the actual necessary expenses incurred by them respectively while employed by such commission.
(c) The necessary expenses of advertising the meeting of the commissioners, as hereinafter provided, and in procuring and setting the monuments needful to mark in a permanent manner such county line, the expenses of the commission and its assistants and all other expenses necessarily incurred, shall be paid by the interested counties jointly in equal parts, upon presentation of properly itemized bills duly verified by affidavit of the person claiming payment or some one on his behalf.
Section 304. Oath; Organization and Duties.--(a) The members of the commission shall take and subscribe an oath to perform their duties impartially and with fidelity.
(b) The commission shall meet and organize within two weeks of its appointment. It shall select from its membership a chairman and also a secretary who shall keep a full record of the proceedings and work of the commission. Before entering upon its duties, it shall designate, by advertisement in not more than two newspapers published in each of said counties, a time and place of meeting when and where parties interested shall be heard. After such hearing it shall, without unreasonable delay, ascertain the location and survey and mark with suitable monuments of a permanent character the existing county line between such counties, if it shall consider such old county line a proper one.
Section 305. Authority to Fix New County Line.--(a) When the commission has ascertained, located and determined said line, if it appears to it that the existing county line, from any cause whatever, has become inconvenient for any purpose, or improper, difficult to ascertain or not related to the natural or other land marks, the commission shall report these facts or any of them to the court of quarter sessions having appointed the commission, with a recommendation that a new county line be established in whole or in part.
(b) Thereupon, if said court shall be of opinion that it is to the interest and advantage of the respective counties that a new county line be established, they may direct said commission to fix and determine a new county line and to mark the same with suitable monuments of a permanent character.
(c) Notice shall be given to the counties interested and to the owners of all lands which will be affected by the proposed change of the time when the recommendation of the commission for a new county line will be considered by the court.
Section 306. Report of Commission; Approval by Court; Certification of Line.--(a) The commission or a majority thereof shall make a report in writing and attach thereto a map or draft showing the courses and distances of the line ascertained and designated by them as the existing county line, or where they may have been directed to fix and determine a new county line, such map or draft, in lieu thereof, shall show the courses and distances of such new county line. In either case, the map or draft shall also show the lands through which said line passes and the buildings in close proximity thereto, together with the roads and streams crossed by or near to such line.
(b) The report and map, signed by the members of the commission or a majority of them, shall be filed in the court of quarter sessions having been given jurisdiction, and if approved by such court, shall be ordered recorded in the records thereof. A copy of the report and approval shall be certified by the clerk of the court to the clerk of the court of quarter sessions of each county affected, where it shall be recorded in the records. The line so ascertained, surveyed and fixed and so marked shall thenceforth be the boundary line between the two counties.
(c) The clerk of the court of quarter sessions, having determined the matter, shall certify the approval of the court on two copies of the report and map filed in his office and, within thirty days, transmit a copy by mail to the Secretary of Internal Affairs, to be by him deposited in his department, and another to the Department of Highways.
Article IV
County Officers
(a) General Provisions
Section 401. Enumeration of Elected Officers.--(a) In the county there shall be the following officers elected by the qualified electors of the county:
(1) three county commissioners;
(2) one controller;
(3) one treasurer;
(4) one coroner;
(5) one recorder of deeds;
(6) one prothonotary;
(7) one clerk of the court of quarter sessions and of the court of oyer and terminer;
(8) one register of wills;
(9) one sheriff;
(10) one district attorney;
(11) two jury commissioners.
((a) amended and renumbered Nov. 27, 1968, P.L.1114, No.346)
(b) All such officers shall be elected at the municipal election next preceding the expiration of the terms of the officers now in office, and quadrennially thereafter, and shall hold their offices for a term of four years from the first Monday of January next after their election and until their successors shall be duly qualified, but in the event that any such officer so elected, excepting a county commissioner, shall fail to qualify, or if no successor shall be elected, then the officer then in office shall continue in office only until the first Monday of January following the next municipal election, at which time his successor shall be elected for a term of four years. In the case of a county commissioner, there shall be a vacancy which shall be filled as provided in this act.
(c) All the county officers enumerated in this section shall remain as now constituted. This section does not create any office in the county where such office does not now exist.
Section 401.1. Compensation of Elected Officers.--(a) The minimum annual salaries of the elected officers of counties of the second class set forth in section 401 shall be as follows:
(1) County commissioner, chairman, $41,540;
(2) County commissioners, other than chairman, $39,295;
(3) Controller, $36,181;
(4) Treasurer, $36,181;
(5) Coroner, $30,000;
(6) Recorder of Deeds, $33,681;
(7) Prothonotary, $33,681;
(8) Clerk of Courts, $33,681;
(9) Register of Wills, $34,804;
(10) Sheriff, $30,000; and
(11) Jury Commissioner, $25,700.
(b) From and after the effective date of this section, the county commissioners of counties of the second class shall have the power to fix the salary of all county officers governed by the provisions of subsection (a).
(c) The county commissioners of counties of the second class shall not reduce the salary of any county officer below the amount set forth in subsection (a).
(401.1 added Oct. 31, 1985, P.L.299, No.71)
Section 402. Incompatible Offices.--(a) No elected county officer shall at the same time serve as a member of the legislative body of any city, borough, town or township of any class, nor as school director of any school district, nor as a member of any board of health.
(b) No member of Congress from this State nor any person holding or exercising any office or appointment of trust or profit under the United States shall at the same time hold or exercise any county office in this State to which a salary, fee or perquisites are attached.
Section 403. Oath of Office.--(a) In addition to any oath or affirmation required by any other act of Assembly, all county officers, their deputies, assistants and clerks shall, before entering on the duties of their respective offices or employments, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States, and the Constitution of this Commonwealth, and that I will discharge the duties of my office (or employment) with fidelity; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election (or appointment), except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this Commonwealth, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-performance of any act or duty pertaining to my office (or employment), other than the compensation allowed by law."
(b) The foregoing oath shall be administered by some person authorized to administer oaths, and shall be filed in the office of the prothonotary of the county in which the same is taken. Any person refusing to take said oath or affirmation shall forfeit his office. Any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury, and be forever disqualified from holding any office of trust or profit within this Commonwealth.
Section 404. Officers to Have Commissions Recorded.--Every county officer receiving a commission from the Governor shall immediately deliver the same to the recorder of deeds for recordation, at the expense of such officer. No such officer shall execute any of the duties of his office until he has so delivered the said commission.
Section 405. Offices, Records and Papers.--(a) Except as otherwise provided in subsection (a.1), the commissioners, controller, treasurer, sheriff, recorder of deeds, prothonotary, clerk of courts, clerk of the orphans' court, register of wills, recorder of deeds and district attorney shall keep their respective offices and all public records and papers belonging thereto at the county seat and in such buildings as may be erected or appropriated for such purpose.
(a.1) The county commissioners shall have the power to keep and maintain records and to contract with persons for storage, retrieval and transmission of county records within or outside the county, except that no records shall be stored outside the county seat without the approval of the officer in charge of the office to which the records belong. The approval of the president judge shall be required if records are in the custody of agencies of the court of common pleas, the clerk of courts, the prothonotary, the register of wills and the clerk of the orphans' court. Public records stored outside of the county seat shall be made accessible to the general public at the county seat by means of an electronic telecopying system or facility which will permit the retrieval of the records or exact copies thereof within three business days.
(a.2) The county commissioners shall have the power to impose a fee on recorded instruments required to be kept permanently that are filed with the county. The county commissioners, with the approval of the president judge, shall have the power to impose a fee on civil or criminal cases filed in the court of common pleas. The fees will be collected by the appropriate row officer and deposited in a special records management fund, administered by the county's records management program in the Office of Management and Productivity or, in the absence of such an office, an office that handles the same or similar functions. The fund shall be solely used to help defray the cost of maintaining, administering, preserving and caring for the records of the county. ((a.2) added July 9, 1992, P.L.682, No.99)
(b) The county commissioners shall furnish each of such officers with an office in the county building, courthouse or other building at the county seat.
(c) Any person failing or refusing to maintain his office and to keep all public records and papers belonging thereto in the buildings appropriated for such purpose, in accordance with the provisions of this section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to undergo imprisonment until he complies with the provisions of this section, or until sooner discharged by order of the court, and to pay a fine not exceeding five hundred dollars, to be paid to the use of the county.
(405 amended Oct. 5, 1990, P.L.519, No.125)
Section 406. Records Open to Inspection.--(a) The minute book and other fiscal records and documents of the county may be open to the inspection of any taxpayer thereof, but the proper officers may make reasonable rules and regulations respecting the time of such inspection and fees for copying.
(b) In case any officer shall refuse to permit the inspection of any fiscal record or document, the taxpayer may, by petition to the court of common pleas of the county, set forth his reasons for desiring to make such inspection, and if the court deems such reasons proper it shall order the officer to permit the inspection to be made.
(406 amended Oct. 5, 1990, P.L.519, No.125)
Section 407. Officers to Secure Funds, Records, Books, Et Cetera, from Predecessors.--(a) Any person elected or appointed and duly commissioned to any county office shall demand and receive all records, books, drafts, plans, papers, seals or other official things, including all public funds, held in such office and not otherwise provided for by the act, approved the seventeenth day of May, one thousand nine hundred forty-nine (Pamphlet Laws 1403), known as the Municipal Unclaimed Moneys Act, belonging to such office, from the person or persons who held the office immediately before his election or appointment, or from any other person or persons holding or possessing them.
(b) Any person detaining from such a county office any records, books, drafts, plans, papers, seals or other official things, including public funds, as herein provided, belonging to such office, after reasonable demand therefor, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to undergo imprisonment until the delivery of any such official things found to be in his possession or control to the proper officer, or until sooner discharged by order of the court, and to pay a fine not exceeding five hundred dollars, to be paid to the use of the county.
Section 408. Deputies to Act in Certain Cases.--(a) Whenever any county officer is authorized or required to appoint a deputy or deputies, such deputy, or principal deputy where there are more than one, shall, during the necessary or temporary absence of his principal, perform all the duties of such principal, and also, in case of a vacancy, until a successor is qualified. ((a) amended July 16, 1975, P.L.70, No.41)
(b) No person temporarily succeeding to any county office by reason of the death or removal of the duly elected or appointed officer shall execute any of the duties of such office until he has first taken oath and filed the bond required of the principal officer.
Section 409. Vacancies Not Otherwise Provided For.--In case of a vacancy happening by death, resignation or otherwise in any county office created by the Constitution or laws of this Commonwealth, and where no other provision is made by the Constitution or by the provisions of this act to fill the vacancy, it shall be the duty of the Governor to appoint a suitable person to fill such office, who shall continue therein and discharge the duties thereof until the first Monday of January next succeeding the first municipal election which shall occur two or more months after the happening of such vacancy in counties of the second class. In counties of the second class A the appointed person shall continue therein and discharge the duties thereof for the balance of the unexpired term. Such appointee shall be confirmed by the Senate if in session.
(409 amended May 29, 1968, P.L.136, No.74)
Section 410. County Officials to Furnish Information to Heads of the Governmental Departments.--(a) It shall be the duty of all county officers to furnish, on application thereof, to the head of any department of the State government, such information and copies of such records or documents contained in their respective offices as in the opinion of such head of department may be necessary or pertinent to the work of his respective department. The county so furnishing information shall receive for copying and forwarding the same such reasonable compensation as the Auditor General may determine. Such compensation shall be paid to the county by the State Treasurer out of moneys not otherwise appropriated, upon warrant from the Auditor General.
(b) All county officers shall also furnish to the Department of Community Affairs such information as may be requested by it. ((b) amended Oct. 5, 1967, P.L.340, No.146)
Compiler's Note: The Department of Community Affairs, referred to in subsec. (b), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
Section 411. Penalty for Neglect or Refusal to Perform Duties.--If any county officer neglects or refuses to perform any duty imposed on him by the provisions of this act or by the provisions of any other act of Assembly or by any rule of court or other provision of law, he shall, for each such neglect or refusal, be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500).
Section 412. Absconding Officers.--The office of any county officer absconding from the county shall be vacant to all intents and purposes.
Section 413. Qualifications of Elected County Officers.--No person shall be elected to any county office, except the office of district attorney otherwise provided for by this act, unless he shall be at least eighteen years of age, a citizen of the United States and a resident of the county, and shall have resided within the county for one year next preceding his election.
(413 amended June 16, 1972, P.L.466, No.148)
Compiler's Note: Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality.
(b) Official Bonds
Section 420. Official Bonds; Requirements.--(420 repealed Nov. 22, 2011, P.L.431, No.106)
Section 421. General Conditions; Commissioners; Treasurer.--(421 repealed Nov. 22, 2011, P.L.431, No.106)
Section 422. Obligees Suits on Boards.--(422 repealed Nov. 22, 2011, P.L.431, No.106)
Section 423. Approval, Substitution or Addition of Surety.--(423 repealed Nov. 22, 2011, P.L.431, No.106)
Section 424. Custodians of Official Bonds.--(424 repealed Nov. 22, 2011, P.L.431, No.106)
Section 425. Acknowledgment; Evidence.--(425 repealed Nov. 22, 2011, P.L.431, No.106)
Section 426. Amounts of Official Bonds; Exclusive Provisions.--(426 repealed Nov. 22, 2011, P.L.431, No.106)
Section 427. Premiums of Official Bonds.--(427 repealed Nov. 22, 2011, P.L.431, No.106)
Section 428. Bonds of Deputies and Other Appointees.--(428 repealed Nov. 22, 2011, P.L.431, No.106)
Section 429. Bond of Register of Wills.--(429 repealed Nov. 22, 2011, P.L.431, No.106)
Section 430. Form of Bond of Sheriff.--(430 repealed Nov. 22, 2011, P.L.431, No.106)
Section 431. Amount of Official Bonds.--(431 repealed Nov. 22, 2011, P.L.431, No.106)
(c) State Associations
Section 432. State Associations Authorized.--County officers of the county may join with county officers of other counties of the Commonwealth and organize a State association, as follows:
(1) The county commissioners, together with the county solicitor and the chief clerk to the county commissioners and certain officers who are counterpart personnel in counties having a Home Rule Charter or optional form of government;
(2) The county controllers;
(3) The sheriffs;
(4) The district attorneys;
(5) The probation officers;
(6) The registers of wills;
(7) The prothonotaries and clerks of courts of quarter sessions;
(8) The county treasurers;
(9) The recorders of deeds;
(10) The directors of veterans' affairs;
(11) Public defenders.
(432 amended Sept. 28, 1978, P.L.798, No.153)
Section 433. Purpose; Annual Meetings.--(a) The purpose of the respective State associations shall be to discuss and resolve the various questions arising in the discharge of the duties and functions of the respective officers, and to provide uniform, efficient and economical methods of administering the affairs of the counties pertaining to their offices.
(b) In order to achieve such purposes by cooperation, coordination and full exchange of information, each State association is authorized to hold an annual meeting, at such time and place within the Commonwealth as it may designate.
(c) Both the association of county controllers and the association of county treasurers may meet in joint session with the association of county commissioners, solicitors and chief clerks, if such associations mutually so agree, but in any case, each association shall have a separate session on at least two days of the annual meeting.
Section 434. Deputies and Solicitors May Attend Annual Meetings.--The deputy controller, the deputy sheriff, the deputy register of wills, the deputy treasurer, the deputy prothonotary, the deputy clerk of courts, the deputy recorder of deeds, the deputy clerk of orphans' court, the first assistant district attorney, one assistant public defender and the chief deputy coroner, with the approval of his principal and the solicitor for each office may attend the annual meetings of his respective associations, either together with the controller, sheriff, register of wills, prothonotary, clerk of courts, recorder of deeds, district attorney, public defender, coroner or treasurer, as the case may be, or in his place.
(434 amended Sept. 28, 1978, P.L.798, No.153)
Section 435. Expenses of Attending; Members to be Paid by County; Time Limit on Meetings.--(a) The actual expenses of all authorized elected county officers attending the annual meetings of their associations shall be paid by the several counties out of the general county fund. Each of these officers, except the county commissioners, shall be reimbursed for actual expenses not to exceed one hundred seventy-five dollars ($175) per day for the number of days specified in subsection (b) of this section, together with mileage going to and returning from such meeting and the registration fee. The sum of one hundred seventy-five dollars ($175) per day as set forth in this subsection shall be adjusted annually by the annual increase in the cost of living as determined annually by the United States Department of Labor. ((a) amended June 28, 2002, P.L.465, No.75)
(a.1) The actual expenses of all authorized nonelected county officers and employes attending the annual meetings of their associations may be paid by the several counties out of the county general fund. Each of these officers may be reimbursed for actual expenses in an amount not to exceed one hundred seventy-five dollars ($175) per day for the number of days specified in subsection (b) of this section, together with mileage going to and returning from such meetings and the registration fee. The sum of one hundred seventy-five dollars ($175) per day shall be adjusted annually as set forth in subsection (a) of this section. ((a.1) amended June 28, 2002, P.L.465, No.75)
(a.2) Every delegate attending the annual meeting shall submit to the county an itemized account of expenses incurred at the meeting. The county may authorize employes to be compensated at their regular employe rate during their attendance at the annual meeting. The actual expenses for elected officers shall, and for nonelected officers may, be paid for the number of days specified in subsection (b). In addition, elected county officers shall receive, and nonelected county officers and employes may receive, actual expenses not to exceed one hundred seventy-five dollars ($175) per day for each day not in excess of two in going to and returning from such meeting. The sum of one hundred seventy-five dollars ($175) per day shall be adjusted annually as set forth in subsection (a). ((a.2) amended June 28, 2002, P.L.465, No.75)
(b) The annual meeting of the association of county commissioners, county solicitors and chief clerks shall not exceed four days, and those of all other State associations shall not exceed three days, in every case, exclusive of the time spent in traveling to and from the said meetings. ((b) amended June 30, 1969, P.L.101, No.38)
Section 436. Other Meeting Expenses Paid by County.--(a) In addition to the expenses hereinbefore authorized, the necessary expenses of the annual meetings of the associations hereinafter named, including printing, committee expenses and stenographical expense shall be paid in equal parts by the counties whose officers are members of the respective associations.
(b) In the case of the county controllers, the sheriffs, the register of wills, the county commissioners, county solicitor and chief clerk, the prothonotaries and clerks of courts of common pleas, the county treasurers, the recorders of deeds, the public defenders and the directors of veterans' affairs, the portion of the annual expenses charged to each county of the second class shall not exceed one thousand dollars ($1,000) and to each county of the second class A shall not exceed eight hundred dollars ($800); and in the case of the probation officers, an annual membership subscription not exceeding ten dollars ($10) per member shall be paid by the county, and shall be in lieu of the expenses hereinbefore in this section provided for other county officers. ((b) amended June 28, 2002, P.L.465, No.75)
Section 437. Annual Assessments for County Commissioners, Etc.--(a) In addition to the expenses hereinbefore authorized, the necessary expenses of the association of county commissioners, county solicitors and chief clerks shall be apportioned among the counties holding membership in the association in amounts provided for by the rules and regulations of the association.
(a.1) In addition to the expenses hereinbefore authorized, the necessary expenses of the association of district attorneys shall be apportioned among the counties holding membership in the association in amounts provided for by the rules and regulations of the association.
(b) Such annual apportionments of expenses shall be as approved at each annual convention of the said association by a majority vote of the members present, and when so approved shall be paid from general county funds.
(437 amended Dec. 14, 1989, P.L.631, No.75)
(d) Removal of County Officers
Section 450. Removal of County Officers and Appointees.--(a) The county commissioners, the sheriffs, coroners, prothonotaries, registers of wills, recorders of deeds, treasurers, controllers, clerks of the courts, district attorneys, and any other officers of the county, whether elected or duly appointed to fill a vacancy, shall be removable from office only by impeachment, or by the Governor, for reasonable cause, after due notice and full hearing, on the advice of two-thirds of the Senate, or upon conviction of misbehavior in office or of any infamous crime, in accordance with the Constitution of this Commonwealth, but their title to office may be tried by proceedings of quo warranto as provided by law. ((a) amended Nov. 27, 1968, P.L.1114, No.346)
(b) Appointees to county offices or positions other than to elected offices shall be subject to removal at the pleasure of the appointing power, except as otherwise expressly provided by law, and they shall also be removed on conviction of misbehavior in office or of any infamous crime.
(e) Conduct of Official Business
Section 460. Meetings Open to Public.--(a) All meetings, regular and special, of the board of county commissioners and of all boards, commissions and authorities, created by or operating as agencies of the county, are hereby declared to be public meetings, open to the public at all times.
(b) Nothing contained in this section shall prevent the county commissioners or any such board, commission or authority from holding executive sessions from which the public is excluded, but no final official action shall be taken as to any proposed or existing resolution, ordinance, rule or regulation, or part thereof, at such an executive session.
(f) Destruction of Valueless Records
Section 470. Authority to Destroy Valueless Records; Approval of Courts.--(a) Whenever any officer of the county shall have an accumulation of records or other papers in his office which such officer shall deem valueless, he may destroy and dispose of the same, provided he shall have first obtained the approval of the court of common pleas, or of the orphans' court of the county in the case of the office of register of wills or clerk of the orphans' court.
(b) In any such case, the court of common pleas or the orphans' court, as the case may be, may prescribe such conditions, including the duty on such officer and the county commissioners to have copied and replaced any such records or papers by such mechanical process as is authorized by law, as such court shall deem advisable.
(c) The provisions of this section shall not apply to the recorder of deeds of the county, except as to written instruments, documents or papers lodged for record and recorded and which were thereupon returnable to the persons entitled thereto, when such persons have failed to call for the same after a period of one year from the time they were ready for delivery and return.
Section 471. Destruction of Retired Public Bonds and Insurance Policies.--The county commissioners are hereby authorized and empowered to destroy by incineration, under the terms and conditions hereinafter provided, retired public bonds and coupons, whether serial or otherwise, and expired insurance policies on county property.
Section 472. Petition to Common Pleas for Order for Destruction.--(a) Bonds of the county which have heretofore matured or may hereafter mature and all coupons pertaining to the same, upon redemption by the treasurer of the county, and all expired insurance policies on county property, both real and personal, which have been expired for a period of not less than six years, may be destroyed by incineration at a place to be designated by the county commissioners. Before the destruction of any such public records, there shall first be filed a petition in the court of common pleas of the county, by either the county commissioners, the county controller or the county treasurer, or by all of them jointly, setting forth full and detailed information about the numbers, valuations and maturity dates of the bonds so to be destroyed, and full and detailed information in regard to the insurance policies, including the date of issuance, the name of the risk, the amount of the coverage, the date of expiration, and the disposition of any claim made in regard to said policy or policies so to be destroyed.
(b) In case of the failure or refusal of either the county commissioners, the county controller or the county treasurer to join in the prayer of the said petition, the court shall make a preliminary order upon those officers failing or refusing to sign said petition to show cause why such destructions should not be effected, said rule to be returnable in ten days.
(c) After a hearing thereon, the court of common pleas of the county shall make such order as it may deem advisable and proper under the facts. After an order for said destruction of said public records, if the court of common pleas grants the prayer of the petition for the said destruction of said bonds and coupons and insurance policies, the county commissioners shall, at an appointed place designated by them, at a period not less than sixty days from the date of said order, publicly destroy said records, and the county controller shall make a minute in his office of such records destroyed.
Article V
County Commissioners and Chief Clerk
(a) Commissioners
Section 501. Election; Vacancies.--(a) Three county commissioners shall be elected in the county in the year one thousand nine hundred and fifty-five and every fourth year thereafter. In the election of commissioners, each qualified elector shall vote for no more than two persons. The three persons having the highest number of votes shall be elected.
(b) Any vacancy in the office of county commissioners shall be filled for the balance of the unexpired term by the court of common pleas of the county, by the appointment of an elector of the county who voted for the commissioner whose place is to be filled.
Section 502. Organization.--The county commissioners shall meet on the first Monday of January in the year one thousand nine hundred and fifty-six and on the first Monday of January every fourth year thereafter, in the office provided for them at the county seat, for the purpose of organization.
Section 503. Quorum; Execution of Official Instruments.--(a) The commissioners shall constitute a board, two members of which shall be a quorum for the transaction of business, and when convened in pursuance of notice or according to adjournment shall be competent to perform all the duties appertaining to the office of county commissioners.
(b) Where any official document, instrument or official paper is to be executed by the county commissioners, it shall be done by at least two of the commissioners and attested by the chief clerk who shall affix the county seal thereto.
Section 504. Certified Copies of Proceedings to be Evidence.--Copies of the proceedings of the commissioners and of all records in their possession, certified by their chief clerk under the county seal, shall be admitted in evidence in any of the courts of this Commonwealth.
Section 505. Power to Administer Oaths.--The commissioners shall respectively have power to administer oaths and affirmations in all cases arising in the performance of the duties of their office.
Section 506. Expenses.--The county commissioners shall be allowed their expenses necessarily incurred and actually paid in the discharge of their official duties or in the performance of any service, office or duty imposed upon county commissioners.
Section 507. Office Furniture, Stationery, Etc.--(a) The county commissioners, at the cost of the county, shall purchase and provide the office furniture, equipment and supplies, blank books, blanks, dockets, books for records, stationery, postage, fuel, light and janitor and telephone service required for each of the county officers whose offices are located in the county buildings or at such other places at the county seat as may be designated by the commissioners, and all supplies used by the public in connection with such offices.
(b) The county commissioners, at the cost of the county, shall purchase and provide all of the same items as needed for each of the county officers whose offices are not required by law to be kept and maintained in county buildings or at the county seat.
Section 508. Ordinances and Resolutions.--(a) The board of commissioners may adopt resolutions and ordinances prescribing the manner in which powers of the county shall be carried out and generally regulating the affairs of the county.
(b) The board of county commissioners may formulate and adopt ordinances, resolutions, rules and regulations, pertaining to the use of any property owned or used by the county and the conduct of persons in, on or about such county property, in order to preserve such property and to promote and preserve the public health, safety and welfare. The rules and regulations shall be published, promulgated and become effective in the same manner as other resolutions and ordinances of the county.
(b.1) All such proposed ordinances, unless otherwise provided by law, shall be published at least once in one newspaper of general circulation in the county not more than sixty (60) days nor less than seven (7) days prior to passage. Public notices of any proposed ordinance shall include either the full text thereof or the title and a brief summary prepared by the county solicitor setting forth all the provisions in reasonable detail and a reference to a place within the county where copies of the proposed ordinance may be examined. If the full text is not included a copy thereof shall be supplied to the same newspaper of general circulation in the county at the time the public notice is published. If the full text is not included an attested copy thereof shall be filed in the county law library. In the event substantial amendments are made in the proposed ordinance or resolution, upon enactment, the commissioners shall within ten (10) days re-advertise in one newspaper of general circulation in the county, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. Such ordinances shall not become effective until recorded in the ordinance book of the county. In any case in which maps, plans or drawings of any kind are adopted as part of an ordinance, the commissioners may, instead of publishing the same as part of the ordinance, refer in publishing the ordinance to the place where such maps, plans or drawings are on file and may be examined.
(c) All such resolutions, rules and regulations unless otherwise provided by law, shall be published at least once in one newspaper of general circulation in the county. Such resolutions, rules and regulations shall not become effective until ten days after the publication aforesaid. In lieu of publishing the resolutions, rules or regulations in their entirety, the county commissioners may publish the title or a summary thereof and the place where such resolutions, rules or regulations, together with such maps, plans or drawings which may be part thereof, are on file and may be examined.
(d) Any person violating any of the ordinances, resolutions, rules and regulations, formulated and adopted by the board of county commissioners pursuant to this section, shall, upon conviction thereof at a summary proceeding, be sentenced to pay such fine as may be prescribed in such ordinances, resolutions, rules and regulations by the county commissioners but not in excess of one hundred dollars ($100), to be paid to the use of the county, with costs of prosecution, or to be imprisoned in the county jail for not more than thirty (30) days, or both.
The board of county commissioners may also prescribe fines and penalties, not exceeding five hundred dollars ($500), for the violation of county ordinances, which fines and penalties may be collected by suit brought in the name of the county in like manner as debts of like amount may be sued for.
(508 amended Dec. 1, 1977, P.L.234, No.74)
Section 509. Take Money and Property By Gift, etc.--The county commissioners may take by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the county, and the care and management, investment, sale, reinvestment and disposal of such trust funds or property shall be vested in the sinking fund commission and shall be governed thereby, subject to such direction as the donors of such funds and property may prescribe.
Section 510. Creation of Capital Reserve Fund for Anticipated Capital Expenditures.--The county commissioners shall have the power to create and maintain a separate capital reserve fund for anticipated legal capital expenditures. The money in the fund shall be used from time to time for the construction, purchase or replacement of or addition to county buildings, equipment, machinery, motor vehicles or other capital assets of the county and for no other purpose.
The county commissioners may, annually, appropriate moneys from the general county funds not to exceed five per cent of the current general county fund budget, to be paid into the capital reserve fund, or place in the fund any moneys received from the sale, lease or other disposition of any county property or from any other source unless received or acquired for a particular purpose. The fund shall be controlled, invested, reinvested and administered, and the moneys therein and income from such moneys expended for any of the purposes for which the fund is created in such manner as may be determined by the county commissioners. The money in the fund when invested shall be invested in securities designated by law as legal investments for sinking funds of municipalities.
This clause shall not be construed to limit the powers of the county to the use of moneys in the capital reserve fund in making lawful capital expenditures.
(510 added Dec. 8, 1959, P.L.1723, No.635)
Section 511. Operating Reserve Fund.--(a) The county commissioners shall have the power to create and maintain a separate operating reserve fund in order to minimize future revenue shortfalls and deficits, provide greater continuity and predictability in the funding of vital government services, minimize the need to increase taxes to balance the budget in times of fiscal distress, provide the capacity to undertake long-range financial planning and develop fiscal resources to meet long-term needs.
(b) The county commissioners may annually make appropriations from the general county fund to the operating reserve fund, but no appropriation shall be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed five per cent of the estimated revenues of the county's general fund in the current fiscal year.
(c) The commissioners may at any time, by resolution, make appropriations from the operating reserve fund for the following purposes only:
(1) to meet emergencies involving the health, safety or welfare of the residents of the county;
(2) to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from whatever source; or
(3) to provide for anticipated operating expenditures related either to the planned growth of existing projects or programs or to the establishment of new projects or programs if for each such project or program appropriations have been made and allocated to a separate restricted account established within the operating reserve fund.
(d) The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of section 1964 of this act relating to the investment of county funds generally.
(511 added Oct. 30, 2000, P.L.616, No.85)
(b) Chief Clerk of County Commissioners
Section 520. Chief Clerk.--The county commissioners shall appoint a chief clerk.
Section 521. Duties and Powers of Chief Clerk.--(a) The chief clerk shall keep the books and accounts of the board of county commissioners, record and file their proceedings and papers, attest all orders and warrants issued by them, and perform all other duties pertaining to his office as chief clerk.
(b) He shall have general power to administer oaths and affirmations pertaining to the business of the office of the county commissioners.
Article V-A
Civil Service
(Art. added Nov. 30, 1967, P.L.649, No.299)
Section 501-A. Civil Service for Certain Employes.--The county commissioners are hereby authorized to establish by ordinance, a merit system for the selection, tenure, promotion and discharge of employes involved in any work for which the county receives or is eligible to receive Federal or State grants-in-aid.
(501-A added Nov. 30, 1967, P.L.649, No.299)
Article VI
Controller
Section 601. Election and Term; Seal.--(a) At the municipal election immediately preceding the expiration of the term of the controller now in office and quadrennially thereafter, the qualified electors of the county shall elect one citizen of the county, who shall serve as controller for the term of four years from the first Monday of January following his election or until his successor shall be qualified, if he so long shall behave himself well.
(b) The county controller shall be provided with an official seal of his office by the county commissioners of the county which shall be used for the attestation of all official papers.
Section 602. Eligibility.--(a) No person holding office under the United States shall be eligible to the office of county controller during his continuance in such office nor until one year thereafter.
(b) The county commissioners, county treasurer, prothonotary, register of wills, clerk of the courts, recorder of deeds, sheriff and district attorney and their chief clerks or deputies shall be ineligible, during their continuance in such office and for two years thereafter, to the office of county controller.
(c) The controller shall always be eligible to re-election or appointment.
Section 603. Deputy Controller and Clerks.--The controller shall appoint a deputy controller and clerks, and may authorize one or more of the clerks employed in his office to administer to all persons oaths and affirmations pertaining to the business of the office, with the same force and effect as if administered by the controller or deputy controller.
Section 604. Solicitor to the Controller.--The county controller may designate and appoint one person learned in the law to act as his solicitor. Such solicitor shall advise upon all such legal matters as may be submitted to him and shall conduct any litigation desired by the county controller. He shall hold office at the pleasure of the controller. He shall receive such salary as may be fixed by the salary board.
Section 605. Expenses.--The county controller and his deputy clerks and employees shall be allowed their expenses necessarily incurred and actually paid in the discharge of their official duties or in the performance of any service or duty imposed upon them.
Article VII
Lot and Block System
Section 701. County Commissioners to Establish.--The county commissioners are hereby empowered to establish, in the office of the county controller, the lot and block system for the registration of land titles, for the accumulation of county tax liens, and for the enumeration of the parcels of real estate to be assessed for county, city, borough, township, school and institution district taxation.
Section 702. Systems Which may be Adopted.--In establishing the said lot and block system, the commissioners may adopt any system covered by such designation, now in use either in municipalities in the Commonwealth or in use in the municipalities in other states, or a combination of such systems, as they shall deem proper, in order to supply the needs of said county.
Section 703. Cost and Expense.--For the purpose of defraying the cost and expense of establishing said lot and block system, the commissioners may use current tax revenue or may issue general obligation bonds in such amounts as are necessary and in such manner as provided by the Municipal Borrowing Law.
Section 704. Part of System Transferred to Deed Registry Office, Part Maintained in Office of Controller.--When installation of the lot and block system has been completed, the division of said system having custody of the plats and plat books and the upkeep of the same shall be transferred to the deed registry office of said county, and the files, cards, indexes and records relating to the liening of county taxes shall remain in and be maintained by the office of the controller of said county. The deed registrar and the controller of the county are hereby charged with and required to operate and maintain the several portions of the lot and block system placed in their custody, as herein provided.
Section 705. Putting System into Effect.--Where the commissioners have established the lot and block system in the office of the county controller, and where the county controller has certified to the commissioners that said system has been completely installed in either the whole of the county or completely installed in one or more municipal subdivisions thereof, then the commissioners shall proceed to put said system into effect in the manner hereinafter set forth.
Section 706. Petition to Common Pleas; Determination; Order.--Immediately upon the receipt of the certification of completion from the county controller, the commissioners shall present their petition to the Court of Common Pleas, setting forth the establishment of such lot and block system, the fact of its completion, either in the county as a whole or within one or more municipal subdivisions, and a brief statement describing the method of operation of the lot and block system so established. If the court shall determine that the said system has been established in accordance with the provisions of this article and has been completed, it shall make an order placing the same in effect as of the first Monday of January next succeeding such order.
Section 707. Effect of Order: Correction of Assessments; Recording Instruments; Tax Bills; Liens; Tax Sales.--The effect of the order of the Court of Common Pleas shall be as follows:
(a) The district assessors appointed by the Board of Property Assessment, Appeals and Review, whose assessments are being made within the municipal subdivisions that have had the lot and block system completed therein, shall immediately proceed to correct their original books of assessment by adding thereto the lot and block system descriptive numbers.
(b) The Board of Property Assessment, Appeals and Review shall, as to assessments already in its hands, which assessments are within municipal subdivisions covered by said order or orders of court, correct such assessments by adding thereto the lot and block system descriptive numbers.
(c) The recorder of deeds shall receive for recording any deed that shall refer to a specific parcel of real estate, whether or not said deed shall bear the certification by the custodian of the lot and block system that the lot and block system descriptive numbers incorporated in the description of the real estate described therein are correct, but before transcribing any such deed lacking the certification, he shall obtain the same from the custodian of the lot and block system.
(d) The treasurer or tax collector of each city, borough, town, township or school district, where the lot and block system has been completed under the order of court, shall place upon each tax bill sent out, and upon each tax receipt issued upon payment, the lot and block system descriptive numbers.
(e) The county controller, in the case of the county, and the treasurer, tax collector or solicitor, as the case may be, in each city, borough, township or school district, within which the lot and block system has been completed, shall, at the time of filing liens for unpaid taxes with the prothonotary, set forth on such liens the individual lot and block system descriptive numbers, and the prothonotary shall not receive and file such liens unless the said descriptive numbers are contained thereon.
(f) For the purposes of the sale of real estate for delinquent taxes, either by the sheriff of the county or by the commissioners and treasurer of the county, or by the treasurer of any city, the lot and block system descriptive numbers are hereby declared to be sufficient description for the advertising preceding such sale, for the oral description read at such sale prior to receiving bids, and for the purposes of the description to be inserted in any tax deed to be given to the purchaser at such sale.
Section 708. Registration of Ownership of Property.--(a) All persons, corporations, municipal corporations, authorities, districts or political subdivisions, hereafter acquiring any interest in real estate, whether by purchase, gift, devise, inheritance, order of court, treasurer's sale, sheriff's sale, judicial sale, eminent domain or otherwise, shall register in the office of the county commissioners their deeds, resolutions, orders of court or other evidence of title, so that the same may be endorsed in accordance with the act of May 2, 1899 (P.L.162).
(b) No real estate so registered shall be subject to sale for taxes or other municipal claims, except in the name of the owner as registered in accordance with the provisions of this section.
(c) All persons, corporations, municipal corporations, authorities, districts or political subdivisions, heretofore acquiring any interest in real estate, may register their real estate in accordance with the provisions of this section.
(708 added Oct. 22, 1959, P.L.1358, No.468)
Article VIII
Treasurer
Section 801. County Treasurer; Eligibility.--No judge, clerk or prothonotary of any court, register of wills, recorder of deeds, county commissioner or county controller shall be eligible to serve as county treasurer during their continuance in office.
(801 amended Nov. 26, 1968, P.L.1102, No.343)
Section 802. Bond in Favor of Commonwealth.--(802 repealed Nov. 22, 2011, P.L.431, No.106)
Section 803. Removal from Office for Failure to Transmit Bond to Auditor General.--(803 repealed Nov. 22, 2011, P.L.431, No.106)
Section 804. When Auditor General to Deliver Up Bond of Treasurer.--(804 repealed Nov. 22, 2011, P.L.431, No.106)
Section 805. Misapplication of Funds Collected for Specific Purposes.--Whenever any moneys are collected by law in any county for any special purpose and paid into the hands of the treasurer of the county, it shall be unlawful for such treasurer to apply such moneys or any part thereof to any other purpose than that for which such moneys were collected. Every such misapplication shall be a misdemeanor, upon conviction whereof the treasurer shall be punished by a fine of not less than the amount so misapplied and by imprisonment for not less than three months nor more than one year.
Section 806. Deputy Treasurer.--The county treasurer is hereby authorized to appoint a deputy county treasurer who shall perform such duties as shall be prescribed by the county treasurer.
Section 807. Solicitor to County Treasurer.--The county treasurer is hereby authorized to appoint one person, learned in the law, as his solicitor. The solicitor shall advise upon all legal matters that may be submitted to him and shall conduct any litigation when requested so to do by the treasurer.
(807 added June 4, 1969, P.L.53, No.17)
Article IX
County Solicitor
Section 901. Appointment; Qualifications.--The county commissioners shall appoint a county solicitor, who shall be an attorney-at-law admitted to practice in the courts of this Commonwealth. He shall, before entering upon the duties of his office, file with the county commissioners an agreement to pay all fees, attorney's fees and commissions received from every source as county solicitor into the county treasury.
Section 902. Duties.--He shall commence and prosecute all suits brought or to be brought by the county wherein or whereby any rights, privileges, properties, claims or demands of the county are involved, as well as defend all actions or suits brought against the county, and shall perform all duties now enjoined by law upon county solicitors, and shall do all and every professional act and render legal advice incident to the office, which may be required of him by the commissioners.
Section 903. Employes.--The county solicitor may, with the approval of the county commissioners, appoint such clerks and stenographers as may be necessary in the discharge of his duties.
Section 904. Assistant Solicitors.--The county solicitor may, with the consent of the county commissioners, appoint, to assist him in the discharge of the duties of his office, assistant county solicitors and special counsel, who shall be attorneys-at-law admitted to practice in the courts of this Commonwealth. Each assistant and special counsel shall perform such duties in connection with the legal affairs of the county as may be assigned to him by the county commissioners or the county solicitor.
Article X
Engineer
(Hdg. amended Nov. 27, 1968, P.L.1114, No.346)
Section 1001. County Engineer; Appointment; Term.--The county commissioners of the county may appoint a professional engineer in civil engineering who shall be styled the county engineer. Such engineer shall serve at the pleasure of the commissioners.
(1001 amended Nov. 27, 1968, P.L.1114, No.346)
Section 1002. Duties.--The county engineer shall:
(1) prepare plans, specifications and estimates of all engineering work undertaken by the county, and whenever required shall furnish the commissioners with reports, information or estimates on any such work, and, in general, shall perform all such duties with reference to any county engineering work as the county commissioners may from time to time prescribe;
(2) perform all duties relating to surveying as may be assigned to him by the county commissioners or by law; and
(3) perform all duties heretofore imposed on county surveyors.
(1002 amended Nov. 27, 1968, P.L.1114, No.346)
Article XI
Board of Viewers
(Art. repealed Apr. 28, 1978, P.L.202, No.53)
Section 1101. Number of Members; Qualifications.--(1101 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1102. Qualifications.--(1102 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1103. Appointment of Members; Vacancies; Rules and Regulations.--(1103 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1104. Term of Office; Removal.--(1104 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1105. Power to Administer Oaths.--(1105 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1106. Clerks and Stenographers.--(1106 repealed Apr. 28, 1978, P.L.202, No.53)
Article XII
Sheriff and Coroner
(a) Sheriff
Section 1201. Unfinished Business of Outgoing Sheriff.--(a) It shall be the duty of every outgoing sheriff to deliver all unfinished and unexecuted writs and process whatsoever to his successor, whose duty it shall be to receive and execute the same as if said writs and process had been originally issued and directed to him, and to carry out and complete all other official duties of his predecessor.
(b) Whenever any real estate shall be sold under any execution by a sheriff who shall in any lawful manner be succeeded in office before any deed shall be executed and acknowledged by him in due form of law for such real estate, his successor in office shall have the same power and be under the same duty to execute and acknowledge a deed for such real estate to the purchaser thereof as the sheriff selling such real estate under execution if he were still in office, which deed so executed shall be as effectual in law as if the title had been completed by the former sheriff.
(c) No court order shall be necessary in any event to authorize an incoming sheriff to carry out his duties as prescribed by this act.
Section 1202. Sheriff May Act by Deputy.--Whenever the sheriff is or shall be required by law to act in person under or by virtue of any writ or process whatsoever issued by the courts of this Commonwealth, he may act either in person or by a regularly appointed deputy sheriff.
Section 1203. Chief Deputy.--The sheriff of the county shall appoint, by commission duly recorded in the office for recording deeds, a chief deputy, whose appointment shall be revocable by the sheriff at pleasure on recording in said office a signed revocation thereof. The chief deputy, during his continuance in office, shall have full power and authority to perform any duty incumbent upon such sheriff with like effect in law as if such official act had been done by the sheriff in person, regardless of the ability or temporary disability of such sheriff to act while such sheriff continues in office. Nothing in this section shall operate to relieve such sheriff or his sureties from liability upon their official bond.
Section 1203.1. Chief Deputy in Counties of the Second Class.--In counties of the second class, the sheriff of the county shall appoint in accordance with section 1216, by commission duly recorded in the Department of Real Estate, a chief deputy, whose appointment shall be revocable by the sheriff at pleasure on recording in said department a signed revocation thereof. The chief deputy, during his continuance in office, shall have full power and authority to perform any duty incumbent upon such sheriff with like effect in law as if such official act had been done by the sheriff in person, regardless of the ability or temporary disability of such sheriff to act while such sheriff continues in office. Nothing in this section shall operate to relieve such sheriff or his sureties from liability upon their official bond.
(1203.1 added Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which added section 1203.1, provided that Act 89 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 6.
Section 1204. Real Estate Deputy.--The sheriff may have a real estate deputy to take charge of all matters relating to sheriff's sales of real estate and distributions of the proceeds thereof, whose appointment shall be made and be revocable, as hereinbefore provided for the chief deputy. Such deputy shall have full power to perform all duties incumbent upon the sheriff, in like manner as his chief deputy, with like effect in law as if such official acts had been done by the sheriff in person. Such duties shall include the execution and acknowledgment of sheriff's deeds for real estate upon receipt of the purchase price thereof. Nothing in this act shall operate to relieve the sheriff or his sureties from liability upon their official bonds, but such liability shall continue as heretofore.
Section 1205. Deputies and Clerks.--The sheriff of the county may appoint such deputies and clerks as may be necessary to properly transact the business of his office. He may revoke the appointment of deputies in the same manner as his chief deputy.
Section 1205.1. Deputies and Clerks in Counties of the Second Class.--In counties of the second class, the sheriff of the county may appoint in accordance with section 1216, such deputies and clerks as may be necessary to properly transact the business of his office.
(1205.1 added Nov. 3, 2011, P.L.360, No.89)
Section 1206. Deputy Sheriffs; Qualifications.--A sheriff shall not appoint any person a chief deputy or any other deputy sheriff unless the sheriff files with the prothonotary, prior to the appointment of such person, the name and photograph of such person, together with an affidavit of such person setting forth the following:
(1) His full name, age and residence address;
(2) That he is a citizen of the United States and eighteen years of age or over; ((2) amended June 16, 1972, P.L.466, No.148)
(3) That he has resided in the county for a period of at least two years immediately preceding the filing of such affidavit;
(4) That he has never been convicted of a crime involving moral turpitude under the laws of this Commonwealth or of any other state or of the United States;
(5) That he has not, for a period of two years immediately preceding the filing of such affidavit, acted either for himself or as the agent or employe of another in any labor dispute, or hired himself out or performed any service as a private detective, private policeman or private guard in any labor dispute, or received any fee or compensation whatsoever for acting as a private detective, private policeman or private guard in any labor dispute, or conducted the business of a private detective agency or of any agency supplying private detectives, private policemen or private guards, or advertised or solicited any such business in this Commonwealth in connection with any labor dispute.
Section 1207. False Statements in Deputy's Affidavit.--Any false statement contained in any such affidavit shall constitute perjury and shall be punishable as such.
Section 1208. Filed Items Public Records.--The name, photograph and affidavit of any such person so filed with the prothonotary shall constitute a public record.
Section 1209. Public List of Applicants for Deputy Sheriff.--The sheriff shall, from time to time, prepare a list of the names of all persons who have applied for appointment as deputy sheriff and who meet the qualifications hereinbefore prescribed. Such list shall be posted in a public place for a period of not less than ten days, and thereafter shall be filed in the office of the prothonotary. No deputies shall be appointed by the sheriff whose names do not appear on said list.
Section 1209.1. Public List of Applicants for Deputy Sheriff in Counties of the Second Class.--In counties of the second class, the sheriff shall, from time to time, prepare a list of the names of all persons who have applied for appointment as deputy sheriff and who meet the qualifications hereinbefore prescribed. Such list shall be posted in a public place for a period of not less than ten (10) days and thereafter shall be filed in the Department of Court Records - civil division. No deputies shall be appointed by the sheriff whose names do not appear on said list.
(1209.1 added Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which added section 1209.1, provided that Act 89 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 6.
Section 1210. Private Services, Gifts and Payments; Contracts Prohibited.--(a) No sheriff, deputy sheriff, detective or other county police officer whatsoever shall perform, directly or indirectly, any official services or official duties for any person, association or corporation, or receive, directly or indirectly, any compensation, gifts or gratuities from any person, association or corporation, during the period of his official services. Nothing herein contained shall prohibit such officers from serving writs and other legal process as authorized by law. Any compensation payable to any such officer for official duties and services shall be paid only out of the public funds, to the amount and in the manner prescribed by law. Gifts, donations and gratuities of any nature whatsoever, made by any person, association or corporation to the county or to any official or agent thereof, shall not constitute public funds within the meaning of this section.
(b) No county, or any official or agent thereof, shall accept as a gratuity, gift or donation any arms, ammunition, military supplies, tear gas or equipment, or supplies or articles of a similar character from, nor shall any such gratuity, gift or donation be made by, any person, association or corporation.
(c) Any contract or agreement whatsoever made in violation of the provisions of this section shall be utterly void and of no effect in law or in equity and is hereby declared to be contrary to public policy.
Section 1211. Penalties.--Any sheriff, deputy sheriff or any other county police officer whatsoever, or any other official of the county, or any person, association or corporation violating any of the provisions of sections 1206, 1209 or 1210 of this act, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or to undergo imprisonment for not less than ninety (90) days nor more than two years, or both.
Section 1212. Construction.--Nothing contained in sections 1206 or 1210 of this act shall be construed:
(a) To prohibit the payment by any person, association or corporation of fees or compensation for county police or other peace officers assigned to exhibitions, athletic contests or other recreational activities.
(b) To prohibit the appointment, employment or compensation by the county, in the manner expressly provided by law, of (1) night watchmen, (2) railroad police, (3) bank police, (4) payroll police, (5) special policemen, to police and protect cemeteries and grounds and buildings open to the public, or to enforce laws for the prevention of cruelty to persons or animals, (6) fire police, whose only duty shall be to direct traffic and maintain order to, at or from fires, (7) police or guards employed by nonprofit corporations or organizations.
Section 1213. Solicitor.--The sheriff may appoint one person learned in the law and admitted to practice in the county of this Commonwealth as his solicitor. Said solicitor shall advise the sheriff upon all legal matters that may be submitted to him, and shall conduct any litigation in connection with the sheriff's office, when requested so to do by the sheriff.
Section 1214. Chief Deputy Sheriff to Act as Sheriff in Case of a Vacancy.--If the sheriff shall be legally removed from his office, or shall die before the expiration of the term for which he was commissioned, the chief deputy sheriff of the county shall execute the office of sheriff and perform all things thereunto appertaining and receive the compensation provided by law for sheriffs until another sheriff is commissioned and notice thereof is given to such chief deputy sheriff.
(1214 amended July 16, 1975, P.L.70, No.41)
Section 1215. Sheriff to Keep Docket.--Every sheriff and every coroner acting as sheriff shall provide and keep in his office a book or books in which he shall enter all writs that may come to him and the proceedings thereon, and at the expiration of his term of office, such book or books shall be deposited in the office of the prothonotary, for the inspection of all persons interested therein.
Section 1216. Sheriff's Employes, Counties of Second Class.--(a) Appointment and promotion of deputies and other employes in the office of sheriff of a county of the second class shall be made in the manner provided by the act of May 31, 1974 (P.L.296, No.94), entitled "An act providing for the appointment, promotion, reduction in rank, suspension, furlough, discharge and reinstatement of deputy sheriffs in counties of the second class; extending civil service coverage to such deputies; and providing penalties," except as otherwise provided in this section.
(b) Whenever a vacancy is likely to occur or is to be filled in a permanent position in the office of sheriff, the sheriff shall submit to the department of human resources a statement indicating the position to be filled. The department of human resources shall thereupon certify to the sheriff the names of the three eligibles willing to accept appointment who are highest, according to the results of the written examination, on the appropriate promotion list or employment list, whichever is in existence. If there are less than three eligibles on appropriate eligible lists who are willing to accept appointment, the department of human resources shall certify all the names on these lists. If upon inquiry by the department of human resources or appropriate authority any person on any promotion or employment list is found to be not available for promotion or appointment, the person's name shall not for the time being be considered among the names from which a promotion or appointment is to be made.
(c) Appointees shall be selected for each existing vacancy from the eligible list in the order of names of the three persons thereon who have received the highest average on the written examination. Examinations shall be administered for positions of the rank of lieutenant and below, and interviews shall be conducted with the three persons who have received the highest average. Appointments shall be made from among the three persons who received the highest average combined score of the examination and interview.
(d) Civil service examinations to test applicants shall relate to such matters and include such inquiries as will fairly test the merits and fitness of the persons examined to discharge the duties of employment.
(e) Probationary appointments to positions in the force may, notwithstanding section 6 of the act of May 31, 1974 (P.L.296, No.94), be terminated, for cause, prior to completion of the nine-month probationary period.
(f) Notwithstanding the provisions of section 1(c) of the act of May 31, 1974 (P.L.296, No.94), all positions of the rank of lieutenant and below shall be classified as competitive, thereby extending civil service coverage to such lieutenants in the applicable bargaining unit. Persons holding positions of lieutenant or below on the effective date of this section shall continue to occupy those positions but shall fulfill the requirements of any future promotions on and after the effective date of this amendment. New openings for a vacancy in the position of lieutenant and below shall be classified as competitive on and after the effective date of this section.
(g) In no case shall an applicant for promotion to the position of sergeant in the sheriff's office be considered until the applicant shall have first served three years in the sheriff's office as a deputy sheriff. No member of the sheriff's office shall be eligible to take any promotional examination for the position of sergeant until after serving three (3) years in the sheriff's office as a deputy sheriff. No member of the sheriff's office shall be eligible to take a promotional examination for the position of lieutenant unless the member holds the position of sergeant in the sheriff's office. Each member of the sheriff's office shall have his examination mark or grade increased by an additional one-half point for each year he served in the sheriff's office, but such additional points shall not exceed ten points. Points shall be added to the mark or grade of only those members passing the examination.
(h) All applicants for examination shall undergo a physical examination which shall be conducted under the supervision of a doctor of medicine. No person shall be eligible for appointment until a doctor certifies to the department of human resources or appropriate authority that the applicant is free from any physical or mental conditions which would preclude him or her from the discharge of the duties of the position desired in the sheriff's office.
(1216 amended Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which amended section 1216, provided that Act 89 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 6.
Section 1217. Political Activity by Sheriff's Employes in Counties of the Second Class.--(a) No employe shall use his official authority or influence for the purpose of interfering with or affecting the result of an election.
(b) No employe shall take an active part in political management or in a political campaign. Activities prohibited by this subsection include, but are not limited to, the following activities:
(1) Serving as an officer of a political party, a member of a National, State or local committee of a political party or an officer or member of a committee of a partisan political club or being a candidate for any of these positions.
(2) Organizing or reorganizing a political party organization or political club.
(3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing or accounting for assessments, contributions or other funds for a partisan political purpose.
(4) Organizing, selling tickets to, promoting or actively participating in a fund-raising activity of a candidate in a partisan election or of a political party or political club.
(5) Taking an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office.
(6) Becoming a candidate for or campaigning for an elective public office in a partisan election.
(7) Soliciting votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for political party office.
(8) Acting as recorder, watcher, challenger or similar officer at the polls on behalf of a political party or a candidate in a partisan election.
(9) Driving voters to the polls on behalf of a political party or a candidate in a partisan election.
(10) Endorsing or opposing a candidate for public office in a partisan election or a candidate for political party office in a political advertisement, a broadcast, campaign, literature or similar material.
(11) Serving as a delegate, alternate or proxy to a political party convention.
(12) Addressing a convention, caucus, rally or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office.
(13) Initiating or circulating a partisan nominating petition.
(14) Soliciting, paying, collecting or receiving a contribution at or in the workplace from any employe for any political party, political fund or other partisan recipient.
(15) Paying a contribution at or in the workplace to any employe who is the employing authority of the person making the contribution for any political party, political fund or other partisan recipient.
(c) An employe or individual to whom subsection (a) or (b) applies retains the right to vote and to express an opinion on political subjects and candidates and may engage in the following activities:
(1) Register and vote in any election.
(2) Express an opinion as an individual privately and publicly on political subjects and candidates.
(3) Display a political picture, sticker, badge or button when not on duty and at locations other than the workplace.
(4) Participate in the nonpartisan activities of a civic, community, social, labor or professional organization or of a similar organization.
(5) Be a member of a political party or other political organization or club and participate in its activities to the extent consistent with this section.
(6) Attend a political convention, rally, fund-raising function or other political gathering.
(7) Sign a political petition as an individual.
(8) Make a financial contribution to a political party or organization.
(9) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character.
(10) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise efficiency or integrity as an employe or the neutrality, efficiency or integrity of the sheriff's office.
(d) Notwithstanding anything in this section or any other act to the contrary, no person shall be deemed ineligible for the office of school director solely on the basis that such person's political activities are otherwise restricted under this section.
(e) Subsection (c) does not authorize an employe to engage in political activity while on duty or while in a uniform that identifies him as an employe. The sheriff of a county of the second class may prohibit or limit the participation of an employe or class of employes of the sheriff's office in an activity permitted by subsection (c) if participation in the activity would interfere with the efficient performance of official duties or create a conflict or apparent conflict of interests.
(f) An employe who violates this section shall be removed from employment, and funds appropriated for the position from which removed thereafter may not be used to pay the employe or individual: Provided, That the civil service commission created under section 1503 of this act at its discretion may impose a penalty of suspension without pay for at least thirty (30) days, but not more than one hundred twenty (120) days, if it finds that the violation does not warrant termination.
(g) An employe who is currently an officer in a political party or who holds a political office on the effective date of this section may fulfill the remainder of his term. Upon completion of the term, the provisions of this section shall apply.
(h) The following words and phrases when used in this section shall have, unless the context clearly indicates otherwise, the meanings given to them in this subsection:
"Contribution" means any gift, subscription, loan, advance, deposit of money, allotment of money or anything of value given or transferred by one person to another, including in cash, by check, by draft, through a payroll deduction or allotment plan or by pledge or promise, whether or not enforceable, or otherwise.
"Election" means a primary, municipal, special and general election.
"Employe" means a person employed in the office of sheriff of a county of the second class. The term includes management employes, deputy sheriffs and clerical employes. The term does not include a sheriff of a county of the second class.
"Employing authority" means an employe's supervisor.
"Partisan" when used as an adjective refers to a political party.
"Political fund" means any fund, organization, political action committee or other entity that, for purposes of influencing in any way the outcome of any partisan election, receives or expends money or anything of value or transfers money or anything of value to any other fund, political party, candidate, organization, political action committee or any other entity.
(1217 added Jan. 27, 1998, P.L.1, No.1)
(b) Coroner
Section 1231. Deputies.--The coroner shall appoint a chief deputy and may appoint one or more deputies to act in his place and stead, as he may deem proper and necessary. Such deputy or deputies shall have the same powers as the coroner.
(1231 amended July 16, 1975, P.L.70, No.41)
Section 1232. Duties with Respect to County Morgues.--The coroner of the county shall make general rules and regulations for the government and control of county morgues, and shall appoint suitable persons for such morgues so established to have charge of the same, and who shall be removable at the pleasure of the coroner. The number of such persons and the salary of each shall be fixed by the salary board.
Section 1233. Removal of Bodies to Morgue.--Whenever the body of any deceased person who is unidentified, or which body is unclaimed by proper persons, has been found within the county, it shall be removed to the county morgue. The coroner shall, if he deems it necessary, cause any such body to be properly embalmed or prepared for preservation for such length of time as he may think proper. Any such body shall be examined or inspected only by such persons as the coroner authorizes in writing or who are admitted in his presence. No such body shall be removed from any such morgue except upon the certificate of the coroner.
Section 1234. Ambulance.--In the county, the county commissioners shall furnish and maintain, from the general funds of the county, an ambulance for the removal of bodies of deceased persons to and from the morgue and for the burial of unclaimed bodies. The coroner may provide rules and regulations for the use and maintenance of the ambulance.
Section 1235. Unclaimed Property of Deceased; Sales.--(a) The coroner shall safely keep in his charge all personal effects and property which appear to have been on or about the person at the time of his death, or being found on any decedent whose body is received at the county morgue, and all such effects and property which are delivered to him according to law. The coroner shall hold such property for one year, unless sooner claimed by legal representatives of the deceased or otherwise duly and lawfully claimed or disposed of.
(b) After one year, the coroner shall cause such property remaining unclaimed, or so much thereof as remains undisposed of according to law, except moneys and such properties as securities which may not be subject to such a sale, which shall be turned over to the commissioners for proper disposition or use, to be sold at public sale.
(c) Notice of any such public sale shall be published in at least one newspaper of general circulation in the county once a week for three successive weeks. The proceeds of all such sales shall be paid immediately into the county treasury, and the coroner shall make a written report thereof to the county commissioners, under oath, at the same time. If the body has been buried at the expense of the institution district, the county shall pay the proceeds of sale, or such property as was not subject to sale, as hereinbefore provided, less costs, over to the institution district. The foregoing provisions shall be in lieu of escheat to the Commonwealth.
Section 1235.1. Requests for Examinations and Reports.--(a) Requests for examinations or other professional services by other counties or persons may be complied with at the discretion of the coroner pursuant to guidelines established by the county commissioners.
(b) A set of fees and charges for such examinations or professional services shall be established by the coroner, subject to approval by the county commissioners, and shall be accounted for and paid to the county treasurer pursuant to section 1960. Payment for examinations or professional services shall be the responsibility of the county or person requesting such services.
(c) The coroner may charge and collect a fee of up to one hundred dollars ($100) for each autopsy report, up to fifty dollars ($50) for each toxicology report, up to fifty dollars ($50) for each inquisition or coroner's report and such other fees as may be established from time to time for other reports and documents requested by nongovernmental agencies. The fees collected shall be accounted for and paid to the county treasurer pursuant to section 1960 and shall be used to defray the expenses involved in the county complying with the provisions of the act of March 2, 1988 (P.L.108, No.22), referred to as the Coroners' Education Board Law. In counties of the second class, the collected fees shall also be used to supplement any other moneys to defray the expenses of staff, equipment and supplies related to determining cause and manner of death.
(1235.1 amended July 9, 2014, P.L.1038, No.121)
Section 1236. Coroner's Investigations.--(a) The coroner having a view of the body shall investigate the facts and circumstances concerning deaths which appear to have happened within the county, regardless where the cause thereof may have occurred, for the purpose of determining whether or not an autopsy should be conducted or an inquest thereof shall be had, in the following cases:
(1) sudden deaths not caused by readily recognizable disease or wherein the case of death cannot be properly certified by a physician on the basis of prior (recent) medical attendance;
(2) deaths occurring under suspicious circumstances, including those where alcohol, drugs or other toxic substances may have had a direct bearing on the outcome;
(3) deaths occurring as a result of violence or trauma, whether apparently homicidal, suicidal or accidental (including, but not limited to, those due to mechanical, thermal, chemical, electrical or radiational injury, drowning, cave-ins and subsidences);
(4) any death in which trauma, chemical injury, drug overdose or reaction to drugs or medication or medical treatment, was a primary or secondary, direct or indirect, contributory, aggravating or precipitating cause of death;
(5) operative and peri-operative deaths in which the death is not readily explainable on the basis of prior disease;
(6) any death wherein the body is unidentified or unclaimed;
(7) deaths known or suspected as due to contagious disease and constituting a public hazard;
(8) deaths occurring in prison, a penal institution or while in the custody of the police;
(9) deaths of persons whose bodies are to be cremated, buried at sea or otherwise disposed of so as to be thereafter unavailable for examination;
(10) sudden infant death syndrome; and
(11) stillbirths.
(b) The purpose of the investigation shall be to determine the cause of any such death and to determine whether or not there is sufficient reason for the coroner to believe that any such death may have resulted from criminal acts or criminal neglect of persons other than the deceased.
(c) As part of this investigation, the coroner shall determine the identity of the deceased and notify the next of kin of the deceased.
(1236 amended June 28, 1996, P.L.423, No.62)
Section 1237. Autopsy; Inquest; Records.--(a) If, upon investigation, the coroner shall be unable to determine the cause and manner of death, he shall perform or order an autopsy on the body.
(b) If the coroner is unable to determine the cause and manner of death following the autopsy, he may conduct an inquest upon a view of the body, as provided by law. At the inquest, the coroner's duty shall be to ascertain the cause of death, to determine whether any person other than the deceased was criminally responsible therefor by act or neglect and, if so, the identity of the person, and to examine any further evidence and witnesses regarding the cause of death.
(c) The proceedings at the inquest shall be recorded, at the expense of the county, in a manner to be provided by the county commissioners.
(1237 amended Dec. 17, 1990, P.L.728, No.182)
Section 1238. Sudden Deaths Defined.--The coroner shall regard any death as sudden if it occurs without prior medical attendance by a person who may lawfully execute a certificate of death in this Commonwealth, or if, within twenty-four hours of death, the decedent was discharged from such medical attendance or a change of such medical attendance had occurred, or if any such medical attendance began within twenty-four hours of death and the medical attendant refuses or is unable to certify the cause of death. Medical attendance includes hospitalization.
The provisions of this section shall not be construed to affect the coroner's discretion as to whether or not any death was suspicious, nor shall they be construed to authorize a coroner to investigate a sudden death any further than necessary to determine the cause and manner of death.
(1238 amended Dec. 17, 1990, P.L.728, No.182)
Section 1239. Bodies Not to be Moved.--In all cases where the coroner has jurisdiction to investigate the facts and circumstances of death, the body and its surroundings shall be left untouched until the coroner has had a view thereof or until he shall otherwise direct or authorize, except as may be otherwise provided by law, or as circumstances may require. Bodies upon a public thoroughfare or in other places may be removed so much as is necessary for precaution against traffic accidents or other serious consequences which might reasonably be anticipated if they were left intact.
(1239 amended Dec. 17, 1990, P.L.728, No.182)
Section 1240. Release of Coroner's Jurisdiction.--Whenever the coroner assumes jurisdiction of a body pursuant to the provisions of this subdivision or of any other law, the body shall not be released or removed from his jurisdiction except upon his direction and consent, in accordance with law.
Section 1241. Cooperation with District Attorney.--In the exercise of his duties as contained in this subdivision, the coroner shall, so far as may be practicable, consult and advise with the district attorney.
Section 1242. Certificate of Cause of Death.--The coroner shall issue a certificate of cause of death in all cases referred to him by the local registrar of vital statistics, pursuant to the provisions of the act, approved the twenty-first day of May, one thousand nine hundred forty-three (Pamphlet Laws 414), known as the Uniform Vital Statistics Act, and in all other cases of which he has jurisdiction, if no person duly authorized by the said act certifies the cause of death.
Section 1243. Power of Subpoena and Attachment.--The coroner shall have power to issue subpoenas to obtain the attendance of any person whom it may be necessary to examine as a witness at any inquest, and to compel attendance by attachment in like manner and to the same extent as any court of common pleas of this Commonwealth may or can do in cases pending before them, and also to compel in like manner the production of all papers and other things relative to such inquest. Such subpoena and attachment shall be served and executed by the sheriff or by the coroner himself or his deputy, as the case may require.
(1243 amended Dec. 17, 1990, P.L.728, No.182)
Section 1243.1. Inquests; Juries.--(a) The coroner may at his discretion summon a jury of six to be selected from the jury panels of the court of common pleas.
(b) The function of such jury shall be to determine the manner of death and whether any criminal act or neglect of persons known or unknown caused such death. Such jury shall be paid as provided by law as if they were serving the court of common pleas.
(1243.1 added Dec. 17, 1990, P.L.728, No.182)
Section 1244. Power to Administer Oaths.--The coroner shall have power to administer oaths and affirmations to all persons brought or appearing before him, and any person swearing or affirming falsely on such examination shall be guilty of perjury.
Section 1245. Commitment to County Prison.--If any person appearing before the coroner for examination shall refuse to take oath or affirmation, or after having been sworn or affirmed shall refuse to make answer to such questions as shall be put to him by the coroner touching the matters of the inquest, such person so refusing may be held for contempt before the court of quarter sessions.
Section 1246. Inquests Not Public.--The coroner may, in his discretion, admit or exclude members of the public from any inquest or part thereof, and admit or exclude any person interested or suspected from such inquest or any part thereof. No person excluded may appear by attorney, but any person required to attend may have benefit of counsel at such attendance.
Section 1247. Chief Deputy Coroner to Act as Coroner in Case of Vacancy.--If the coroner shall be legally removed from his office or shall die or resign before expiration of the term for which he was commissioned, the chief deputy coroner of the county shall execute the office of coroner and perform all things thereunto appertaining and receive the compensation provided by law for coroners until another coroner is commissioned and notice thereof is given to such chief deputy coroner.
(1247 amended July 16, 1975, P.L.70, No.41)
Section 1248. Vacancies; No Fees upon Commissions.--If any person elected to the office of coroner shall neglect or refuse, for the space of two months next after such election, to assume the duties of said office and to comply with the requirements of the acts of Assembly in such cases, the office shall be vacant, and it shall be the duty of the Governor, upon the notification of the recorder of deeds, to appoint and commission some suitable person to fill such vacancy, until the first Monday of January next succeeding the first municipal election which shall occur two or more months after the happening of such vacancy. Such appointee shall be confirmed by the Senate if in session. No fees shall hereafter be charged on commissions issued to the coroner.
Section 1249. Solicitor to Coroner.--The coroner may appoint one person, learned in the law, as his solicitor. The solicitor shall advise the coroner upon all legal matters that may be submitted to him, and shall conduct any litigation in connection with the coroner's office when requested to do so by him.
The salary of the solicitor shall be determined by the salary board. This salary shall be paid out of the fees received and paid into the office of the coroner.
All costs and expenses incurred by the coroner in any manner connected with litigation or claims arising out of or relating to his office, shall be paid by the county out of fees received by the coroner's office. The provisions of this section shall apply only to counties of the second class.
(1249 added June 21, 1977, P.L.17, No.13)
Section 1250. Anatomical Gifts.--The coroner may order the removal of parts of a decedent's body for donation purposes in accordance with 20 Pa.C.S. Ch. 86 (relating to anatomical gifts).
(1250 added Dec. 17, 1990, P.L.728, No.182)
(c) Provisions Relating to Sheriffs and Coroners
Section 1260. Not to Exercise Office Until Commission Granted and Recorded; Penalty.--No person elected or appointed to the office of sheriff or coroner shall execute any of the duties of such office before a commission shall have been duly granted to him by the Governor and recorded in the recorder of deeds office, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of quarter sessions. Such person shall nevertheless be liable to any person injured by any acts done by him under color of such office.
Section 1261. Recognizances of Sheriffs and Coroners.--(1261 repealed Nov. 22, 2011, P.L.431, No.106)
Section 1262. Sale of Real Estate Bound by Lien.--(1262 repealed Nov. 22, 2011, P.L.431, No.106)
Section 1263. Limitation of Action; Satisfaction of Recognizance.--(1263 repealed Apr. 28, 1978, P.L.202, No.53)
Article XIII
Prothonotary; Clerk of Court; Clerk of
Orphans' Court; Register of Wills;
Recorder of Deeds
Compiler's Note: Certain provisions of Article XIII of this Act may be effected by the Judiciary Article, Article V, of the Pennsylvania Constitution insofar as Article XIII of this Act may relate to prothonotaries, appointments, and the several courts. See especially, but not exclusively, sections 4, 15 and 16 of Article V of the Pennsylvania Constitution. As to Allegheny County see Article V, section 17 of the Pennsylvania Constitution.
Section 1301. Election of Prothonotary, Clerk of Court, Clerk of Orphans' Court, Register of Wills, Recorder of Deeds.--At the municipal election preceding the expiration of the term of office of any prothonotary, clerk of the court of quarter sessions, clerk of the court of oyer and terminer, register of wills, clerk of the orphans' court or recorder of deeds of the county and quadrennially thereafter, the electors of the county shall elect a person to fill such office from the first Monday of January next succeeding such election, for a term of four years and until his successor is elected and qualified. Where, under the provisions of this act or other law, it is provided that two or more of said offices shall be held by the same person, only one person shall be elected to hold such office.
Section 1302. How Offices to Be Held.--In the county, one person shall hold the office of prothonotary, one person the office of clerk of the court of oyer and terminer and quarter sessions, one person the offices of register of wills and clerk of the orphans' court, and one person the office of recorder of deeds.
Section 1303. Incompatible Offices.--(1303 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1304. Appointment of First Deputies.--The recorder of deeds shall appoint one first deputy to act in the case of the death or resignation of his principal, or when the office shall become vacant from other causes.
(1304 repealed in part Apr. 28, 1978, P.L.202, No.53)
Section 1305. Power of Prothonotary, Clerks, Deputies and Assistants to Administer Oaths and Affirmations.--(1305 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1306. Appointment of Minute Clerks by the Courts of Common Pleas and Courts of Quarter Sessions and Oyer and Terminer.--(1306 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1307. Second Deputy Prothonotary.--(1307 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1308. Prothonotary to File and Keep Advance Copies of Law.--(1308 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1308.1. Solicitor; Cost of Prothonotary's Litigation.--(1308.1 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1309. Assistant Clerks of Orphans' Court.--(1309 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1310. Minute Clerks of Orphans' Court.--(1310 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1311. Second Deputy Recorder.--The recorder of deeds may appoint a second deputy recorder of deeds, who shall possess and discharge all the rights, powers and duties of the principal deputy recorder of deeds during his necessary or temporary absence.
Section 1312. Clerks of Recorder to Administer Oaths.--The recorder of deeds may appoint one or more clerks employed in his office to administer oaths and affirmations to all persons pertaining to the business of the recorder's office, with the same force and effect as if administered by the recorder or deputy recorder.
Section 1313. Functions in Certain Offices on Saturday.--Any tasks, functions or duties required to be performed in the offices of the prothonotary, clerk of the court of quarter sessions and of the court of oyer and terminer, clerk of county court, clerk of juvenile court, clerk of orphans' court, jury commissioners, register of wills, recorder of deeds, controller, treasurer, county surveyor, county engineer and the board of viewers, on Saturday, shall be valid if performed or transacted on the next succeeding secular or business day. The offices of such officials shall be closed on Saturdays except upon order of a court of record of the county or a judge thereof specifying tasks, functions or duties for which the offices shall remain open on Saturdays.
(1313 amended Aug. 19, 1965, P.L.363, No.188)
Section 1314. Solicitor to Recorder of Deeds.--The recorder of deeds may appoint one person, learned in the law, as his solicitor. The solicitor shall advise the recorder of deeds upon all legal matters that may be submitted to him, and shall conduct any litigation in connection with the recorder of deeds office when requested to do so by the recorder of deeds.
The salary of the solicitor shall be determined by the salary board. This salary shall be paid out of the fees received and paid into the office of the recorder of deeds.
All costs and expenses incurred by the recorder of deeds in any manner connected with litigation or claims arising out of or relating to his office, shall be paid by the county out of fees received by the recorder of deed's office.
(1314 added June 14, 1957, P.L.331, No.176)
Section 1315. Exoneration of Clerk of Courts or County Commissioners.--(1315 repealed Apr. 28, 1978, P.L.202, No.53)
Article XIV
District Attorney, Assistants and Detectives
(a) District Attorney
Section 1401. District Attorney; Qualifications; Eligibility; Compensation.--(1401 repealed July 14, 2005, P.L.312, No.57)
Section 1402. Duties of District Attorney; Entry of Nolle Prosequi.--(a) The district attorney shall sign all bills of indictment and conduct in court all criminal and other prosecutions, in the name of the Commonwealth, or, when the Commonwealth is a party, which arise in the county, and perform all the duties which now by law are to be performed by deputy attorneys general, and receive the same fees or emoluments of office.
(b) ((b) repealed Apr. 28, 1978, P.L.202, No.53)
Section 1403. Expenses Incurred by District Attorney.--All necessary expenses incurred by the district attorney or his assistants or any officer directed by him in the investigation of crime and the apprehension and prosecution of persons charged with or suspected of the commission of crime shall be paid by the county from the general funds of the county, upon the approval of the bill of expenses by the district attorney and the court. In any case where a defendant is convicted and sentenced to pay the costs of prosecution and trial, the expenses of the district attorney in connection with such prosecution shall be considered a part of the costs of the case and be paid by the defendant.
Section 1404. Filling of Vacancies.--If any vacancy shall occur in the office of district attorney, either by death, resignation, removal from office or from the county, or otherwise, the first assistant district attorney shall, upon a showing that the first assistant district attorney satisfies the requirements of section 1401 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, become district attorney and discharge the duties of the district attorney until the first Monday in January following the next municipal election occurring not less than ninety days after the occurrence of the vacancy. If the first assistant district attorney is unwilling or unable to serve or does not satisfy the requirements of section 1401 of The County Code, the judges of the court of common pleas shall fill the vacancy by the appointment of a competent person who satisfies the requirements of section 1401 of The County Code to fill the office until the first Monday in January following the next municipal election occurring not less than ninety days after the occurrence of the vacancy.
(1404 amended Mar. 23, 2021, P.L.34, No.8)
Compiler's Note: Section 2 of Act 8 of 2021 provided that the amendment of section 1404 shall apply to vacancies occurring on or after the effective date of section 2.
Section 1405. Misconduct of District Attorney.--(a) If the district attorney shall wilfully and corruptly demand, take or receive any other fee or reward than such as is prescribed by law for any official duties required by law to be executed by him in any criminal proceeding, or if such district attorney shall be guilty of wilful and gross negligence in the execution of the duties of his office, he shall be guilty of a misdemeanor in office, and, on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars ($1000) and to undergo imprisonment not exceeding one year, and his office shall be declared vacant.
(b) Upon complaint in writing, verified by the oath or affirmation of the party aggrieved, made to the court in which any district attorney shall prosecute the pleas of the Commonwealth, charging such district attorney with wilful and gross negligence in the execution of the duties of his office, the court shall cause notice of such complaint to be given to the district attorney and of the time fixed by the court for the hearing of the same. If upon such hearing the court shall be of opinion that there is probable cause for the complaint, they shall hand over or commit the district attorney to answer the same in due course of law. If the court shall be of opinion that there is no probable cause for such complaint, they shall dismiss the same, with reasonable costs to be assessed by the court.
Section 1406. District Attorney Charged with Crime.--If the district attorney is charged, according to law, with any crime or misdemeanor before or bound over or committed by any court to answer for wilful and gross negligence in the execution of the duties of his office, it shall be the duty of the court to appoint some competent attorney thereof to prepare an indictment against such district attorney and to prosecute the same on behalf of the Commonwealth until final judgment. Such attorney shall be paid by the county for his services a reasonable compensation to be fixed by the court. If such district attorney shall be convicted of any crime for which he may be sentenced to imprisonment by separate or solitary confinement at labor, his office shall be declared vacant by the court.
Section 1407. Law Books for District Attorney.--The county commissioners may purchase, for the use of the office of the district attorney, out of the funds of the county, such law books as may be selected by the district attorney.
Section 1408. When Private Counsel May Prosecute.--If the district attorney shall neglect or refuse to prosecute in due form of law any criminal charge regularly returned to him or to the court, or if at any stage of the proceedings the district attorney of the county and the private counsel employed by the prosecutor shall differ as to the manner of conducting the trial, the prosecutor may present his petition to the court, setting forth the character of the complaint, and verify the same by affidavit. If the court shall be of the opinion that it is a proper case for a criminal proceeding or prosecution, it may direct any private counsel employed by such prosecutor to conduct the entire proceeding, and where an indictment is necessary, to verify the same by his own signature, as fully as the same could be done by the district attorney.
(b) Assistant District Attorneys,
Stenographers and Clerks
Section 1420. Assistant District Attorneys; Number; Compensation.--The district attorney may appoint such number of assistants, learned in the law, to assist him in the discharge of his duties, the number and salary of such assistants to be fixed by the salary board.
Section 1421. Designation of First Assistant; Powers and Duties.--The district attorney shall designate one of such assistants as his first assistant. Such first assistant shall, in the absence of the district attorney from the jurisdiction or during his disability to perform the duties of his office through sickness or other cause, be vested with all the duties, powers and privileges given by law to the district attorney, and generally, at such time, be empowered to do and perform all things in connection with his office which the district attorney may by law be entitled to do or perform. In case of any such incapacity of the district attorney or his first assistant, or both, any or all of such duties, powers and privileges may be done by such other assistant district attorneys, if any, as may be designated by the district attorney.
Section 1422. Stenographers and Clerks.--The salary board may provide for the appointment by the district attorney of such clerks and stenographers in his office as may be deemed necessary for the proper dispatch of business.
(c) County Detectives
Section 1440. Appointment; Duties and Compensation of County Detectives.--(a) The district attorney may appoint one chief county detective, an assistant chief county detective, and as many county detectives, sergeant, special county detectives and junior county detectives as the salary board shall fix.
(b) County detectives shall at all times be subject to the orders of the district attorney, and shall investigate and make report to the district attorney as to the conduct in office of magistrates, constables, deputy constables and other officers connected with the administration of criminal justice, to make investigations, and endeavor to obtain such evidence as may be required by the district attorney in any criminal case, and perform such other duties as the district attorney may direct. Said detectives shall be general police officers and shall have all powers now conferred on constables by existing laws of this Commonwealth, so far as they relate to crime or criminal procedure, and they shall serve subpoenas in cases in which the Commonwealth is a party in a court of record.
(c) Said chief county detective, assistant chief county detective, county detectives, sergeant, special county detectives and junior county detectives shall not be entitled to receive any fees whatsoever, but shall each receive such salary as shall be fixed by the salary board, together with all necessary traveling expenses, which said salary and expenses, having been verified by affidavit of the chief county detective, assistant chief county detective, county detective, sergeant, special county detective or junior county detective incurring the same, and approved by the district attorney, shall be paid out of the treasury of the county, on a certificate issued by the district attorney directed to the controller of the county, who shall order warrants for said amounts according to law.
Section 1441. Appointment of Special Detective with Approval of Court.--The district attorney of the county may, with the approval of the salary board, whenever the court of quarter sessions and district attorney may deem it necessary for a particular and temporary assignment, appoint a special detective, whose duty it shall be to assist in obtaining such evidence as shall be directed by the district attorney for the Commonwealth, and perform such other duties as the court may direct. He shall be allowed expenses necessarily and actually incurred in the performance of his duties.
Such special detective officer shall be a general police officer and shall have all the powers that are conferred on constables by the existing laws of this Commonwealth, so far as they relate to crimes or criminal procedure.
Article XV
Police, Firemen, Fire Inspectors and
Employes of Jails and Workhouses
(Hdg. amended Aug. 13, 1963, P.L.662, No.347)
(a) Police, Firemen and Fire Inspectors
(Hdg. amended Aug. 13, 1963, P.L.662, No.347)
Section 1501. Employment of Police.--(a) The county commissioners in any county of the second class shall have power to employ such number of police as may be fixed by the salary board of the county. The compensation of such police officers shall be paid by the county. ((a) amended Oct. 20, 1967, P.L.472, No.224)
(b) Such police officers shall have jurisdiction anywhere within the county by which employed, and shall have and possess all the following powers:
(1) To make arrests, without warrant, for all violations of the law which they may witness, and to serve and execute warrants issued by the proper authorities. In cases of offenses for violation of any of the provisions of the Vehicle Code, the power to make arrests without warrant shall be limited to cases where the offense is designated a felony or a misdemeanor, and cases causing or contributing to an accident resulting in injury or death to any person.
(2) The powers and prerogatives conferred by law upon members of the police force of cities of the first class.
(3) The powers and prerogatives conferred by law upon constables of the Commonwealth.
(4) To serve subpoenas issued for any examination, investigation or trial had pursuant to any law of the Commonwealth.
Section 1502. Exclusive System.--No member of the police force and no firemen or fire inspectors shall be appointed, promoted, reduced in rank, suspended, furloughed, discharged or reinstated, except in accordance with provisions of this article.
(1502 amended Aug. 13, 1963, P.L.662, No.347)
Section 1503. Civil Service Commission Created; Appointments; Vacancies.--(a) There is hereby created a civil service commission, hereinafter referred to as the commission. Each commission shall consist of three commissioners, who shall be appointed by the county commissioners, and who shall be qualified electors of the county for which appointed. They shall be appointed initially to serve the term of two, four and six years, and as terms thereafter expire, shall be appointed for terms of six years. Not more than two members of the commission shall be of the majority, and at least one shall at all times be of the minority political parties.
(b) Any vacancy occurring in any commission for any reason whatsoever shall be filled for the unexpired term within a period of thirty days after such vacancy occurs.
(c) Each member of the commission, before entering upon the discharge of the duties of his office, shall appear before the court of common pleas and take an oath or affirmation to support the Constitutions of the United States and of the Commonwealth of Pennsylvania and to perform his official duties with fidelity.
(d) No commissioner shall at the same time hold an elective or appointive office under the United States Government. ((d) amended Apr. 7, 1955, P.L.21, No.6)
Section 1504. Organization of Commission; Quorum.--The commission shall organize within ten days after its appointment, and shall elect one of its members as the chairman and one as the secretary of the commission. The commission shall thereafter meet and organize on the second Monday of each even-numbered year. Each commissioner shall be notified in writing of each meeting of the commission. Two members of the commission shall constitute a quorum, and no action of the commission shall be valid unless it shall have the concurrence of at least two members.
Section 1505. Clerks and Supplies.--The county commissioners shall furnish to the commission, on its requisition, such clerical assistance as may be necessary for the work of the commission. The board of county commissioners shall provide a suitable and convenient room or rooms for the use of the commission. The commission shall order from the county commissioners the necessary stationery, postage, printing and supplies, and the county commissioners shall aid the commission in all proper ways in carrying out the provisions of this article.
Section 1506. Rules and Regulations.--Each commission shall have power to prescribe, amend and enforce rules and regulations for carrying into effect the provisions of this article, and shall be governed thereby. Before any such rules and regulations are in force, the same shall first be approved by the board of county commissioners of the county. When such rules and regulations have been so approved, they shall not be annulled, amended or added to, without the approval of the board of county commissioners. All such rules and regulations and modifications thereof shall be printed for public distribution.
Section 1507. Minutes; Records; Annual Report.--Each commission shall keep minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the commission shall be kept and preserved for a period of five years. All such records and all written causes of removal filed with the commission shall be subject to reasonable regulations and open to public inspection. The commission shall make an annual report to the board of county commissioners, containing a brief summary of its work during the year, which shall be available for public inspection five days after the filing thereof.
Section 1508. Investigations; Subpoenas.--(a) The commission shall have power to make investigations concerning all matters touching the administration and enforcement of the provisions of this article and rules and regulations adopted thereunder.
(b) Each member of the commission is hereby given power to administer oaths as oaths are administered by other public officers invested by law with the power of administering oaths, with the same force and effect and carrying the same penalties.
(c) The commission shall have power to issue subpoenas, over the signature of the chairman or secretary, to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry authorized by this article.
(d) The fees of such witnesses and for travel shall be the same as for witnesses appearing in the court of common pleas, and shall be paid from appropriations for incidental expenses of the commission, as provided by the board of county commissioners.
(e) All officers and employes in public service shall attend and testify when required to do so by the commission.
(f) If any person shall refuse or neglect to obey any subpoena issued by the commission, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail not to exceed thirty days.
(g) If any person shall refuse or neglect to obey any subpoena issued by the commission, it may, by petition, apply to the court of common pleas of the county for its subpoena requiring the attendance of such persons before the commission or the court, there to testify and to produce any records and papers, and in default thereof, shall be held in contempt of court and punished therefor.
Section 1509. General Provisions Relating to Examinations.--
(a) Each commission shall make rules and regulations, to be approved as herein prescribed, providing for the examination of applicants for positions in the police force or fire department or as a fire inspector and promotions therein. The rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the passing grades. ((a) amended Aug. 13, 1963, P.L.662, No.347)
(b) All examinations for positions or promotions in the police force and for positions or promotions as firemen or fire inspectors shall be practical in character and shall relate to such matters and include such inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them. All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations, but in no case shall an applicant for promotion in the police force be considered until such applicant shall have first served three years in the police force in which he seeks promotion. Each applicant for examination shall be subject to the rules adopted by the commission, and shall be required to submit to a physical examination. ((b) amended Dec. 2, 1976, P.L.1226, No.270)
(c) Public notice of the time and place of every examination, together with the information as to the kind of position or place to be filled, shall be given by publication once in a newspaper or papers of general circulation in the county at least two weeks prior to each examination. A copy of the notice shall be prominently posted in the office of the commission or other public place.
(d) The commission shall post in its office the eligible list containing the names and grades of those who have passed the examination for positions under this article.
(e) In cases of applications for position to the police force or for positions as firemen or fire inspectors, soldiers, as defined by the act, approved the twenty-second day of May, one thousand nine hundred forty-five (Pamphlet Laws 837), entitled, as amended, "An act providing for and requiring in certain cases preference in appointments to and retention in public position or on public works for honorably discharged persons who served in the military or naval service during any war in which the United States engaged; and in certain cases for the widows and wives of such persons," shall be entitled to all the preferences and benefits therein provided, so far as applicable. ((e) amended Aug. 13, 1963, P.L.662, No.347)
Section 1510. Application for Examination for Appointment to the Police Force or as Fireman or Fire Inspector.--Each person desiring appointment to the police force or as a fireman or fire inspector shall apply to the commission for examination, and shall file with the commission a formal application, as provided by it, and shall state, under oath or affirmation, (1) his full name and residence or post office address, (2) his citizenship, place and date of birth, (3) his condition of health and physical capacity for public service, (4) his business or employment and his residence for the past five years, and (5) such other information as may be required by the commission's rules and regulations, showing the applicant's qualifications for the position for which he is being examined.
No person shall be eligible to apply for examination unless he is more than eighteen years of age and, with respect to applicants for the police force not over thirty-five years of age at the date of application, and has been a resident of the county for at least two years immediately preceding his application unless no resident applicants are available.
(1510 amended June 16, 1972, P.L.466, No.148)
Section 1511. Rejection of Applicant; Hearing.--(a) The commission may refuse to examine any applicant, or after examination may refuse to certify as eligible anyone, who is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which he has applied, or who is physically disabled and unfit for the performance of the duties of the position to which he seeks employment, or who is addicted to the habitual use of intoxicating liquors or drugs, or who has been guilty of any crime involving moral turpitude or infamous or notorious disgraceful conduct, or who has been dismissed from public service for delinquency or misconduct in office, or who is affiliated with any group whose policies or activities are subversive to the form of government set forth in the Constitutions and laws of the United States and of Pennsylvania.
(b) If any applicant or person feels himself aggrieved by the action of the commission in refusing to examine him or to certify him as eligible, they shall, at the request of such person, within ten days, appoint a time and place where he may appear personally and with counsel, whereupon the commission shall then review its refusal to make such examination or certification, and take such testimony as may be offered, and then again render its decision.
Section 1512. Manner of Making Appointments.--Every position of employment, except that of superintendent of police or equivalent official, and except that of fire chief or equivalent official or chief fire inspector or equivalent official, unless filled by promotion or reinstatement, shall be filled only in the following manner: The county commissioners shall notify the commission of any vacancy in the police force or as fireman or fire inspector which is to be filled and shall request the certification of a list of eligibles. The commission shall certify for each existing vacancy, from the eligible list, the names of three persons thereon, who have received the highest average in the last preceding examination held within a period of three years next preceding the date of the request for such eligibles. The county commissioners shall thereupon, with sole reference to the merits and fitness of the candidates, make an appointment from the three names certified, unless they make objections to the commission as to one or more of the persons so certified for any of the reasons stated in the preceding section. As each subsequent vacancy occurs in the same or another position precisely the same procedure shall be followed.
(1512 amended July 10, 1986, P.L.1394, No.120)
Section 1513. Superintendent of Police or Fire Chief or Chief Fire Inspector, etc.--In the case of a vacancy in the office of superintendent of police, assistant superintendent of police, inspector of police, or fire chief or chief fire inspector or equivalent official, the county commissioners may nominate a person to the commission. It shall thereupon become the duty of the commission to subject such person to a noncompetitive examination, and if such person shall be certified by the commission as qualified, he may then be appointed to such position, and thereafter shall be subject to all the provisions of this article.
(1513 amended Oct. 30, 1969, P.L.288, No.119)
Section 1514. Probationary Period.--All appointments to any position in the county police force shall be for a probationary period of eighteen months and for any position as fireman or fire inspector shall be for a probationary period of six months, but during the probationary period an appointee may be dismissed only for cause, as specified in section 1511 of this act. If at the close of the probationary period, the conduct or fitness of the probationer has not been satisfactory to the board of county commissioners, the probationer shall be notified in writing that he will not receive a permanent appointment. Thereupon, his appointment shall cease; otherwise, his retention shall be equivalent to a permanent appointment.
(1514 amended May 31, 1974, P.L.302, No.95)
Section 1515. Provisional Appointments.--Whenever there are urgent reasons for the filling of a vacancy in any position in the police force or as fireman or fire inspector and there are no names on the eligible list for such appointment, the board of county commissioners may nominate a person to the commission for a noncompetitive examination, and if such nominee shall be certified by the commission as qualified, after such noncompetitive examination, he may be appointed provisionally to fill such vacancy until an examination for such position can be held. It shall thereupon become the duty of the commission, within three weeks from the date of provisional appointment, to hold a competitive examination for such position, and certify a list of eligibles to the board of county commissioners, and they shall then make a regular appointment as prescribed in this article. Nothing herein contained shall prevent the appointment without examination of persons temporarily as police officers, in emergency cases, for the suppression of riots, tumults, in times of war, pestilence, conflagration or public celebration.
(1515 amended Aug 13, 1963, P.L.662, No.347)
Section 1515.1. Special Examination and Appointment of Police for Criminal Investigation.--In counties of the second class within thirty days the commission shall arrange for special examinations of applicants for positions in the police force for the purpose of increasing the force by forty persons. The examination shall be practical in character and shall relate to such matters and include such inquiries as will fairly test the persons examined with respect to their expertise in criminal investigation and related police work and their merit and fitness to discharge the duties of their employment. Applicants for examination under the provisions of this section shall be eighteen years of age or older and need not be a resident of the county, but shall in all other respects meet the eligibility requirements of this article for examination for positions in the police force.
Except as otherwise in this section provided, examinations of qualified applicants shall be conducted in accordance with the provisions of this Article XV relating to examination of applicants for positions in the police force. Appointments not to exceed forty in number shall be made within one year and except as otherwise in this section provided, shall be made in accordance with the provisions of this Article XV relating to appointments to the police force. Anyone appointed under the provisions of this section shall in all respects be subject to the provisions of this article relating to members of the police force.
(1515.1 added May 31, 1974, P.L.302, No.95)
Section 1515.2. Limited Filling of Fifteen Vacancies on the Police Force.--In counties of the second class for a period of one year from the effective date of this section, county commissioners may fill fifteen vacancies in the police force as prescribed in this section. The county commissioners may nominate persons to the commission for a noncompetitive examination. It shall then become the duty of the commission to submit such persons to an examination to determine their merit and fitness to discharge the duties of police officers. Such persons who qualify shall be so certified by the commission and may then be appointed by the county commissioners. In order to qualify for such appointment, such persons must be at least eighteen years of age or older. Such persons need not be residents of the county. Persons appointed under this section shall thereafter be subject to the provisions of this article relating to members of the police force.
(1515.2 added Nov. 26, 1978, P.L.1290, No.307)
Section 1516. Promotions.--Promotions shall be based on merit. The county commissioners shall notify the commission of any vacancy in the police force or as firefighter or fire inspector which is to be filled by promotion and shall request the certification of a list of eligibles. The commission shall certify for each existing vacancy, from the eligible list, the names of three persons thereon, who have received the highest average in the last preceding promotional examination held within a period of two years next preceding the date of the request for such eligibles. The county commissioners shall thereupon, with sole reference to the merits and fitness of the candidates, make an appointment from the three names certified, unless they make objections to the commission as to one or more of the persons so certified. No member of the county police force or a firefighter or fire inspector shall be eligible to take any promotional examination until after serving three years in the county police force or as a firefighter or fire inspector for which such examination is held. Each member of the county police force or a firefighter or fire inspector shall have his examination mark or grade increased by an additional one-half point for each year he served on the county police force or as a firefighter or fire inspector in excess of five years but such additional points shall not exceed ten points. The board of commissioners shall have power to determine in each instance whether an increase in salary shall constitute a promotion.
(1516 amended Dec. 10, 1980, P.L.1156, No.209)
Section 1517. Physical Examinations.--All applicants for examination shall undergo a physical examination, which shall be conducted under the supervision of a doctor of medicine appointed by the board of county commissioners. No person shall be eligible for appointment until said doctor certifies to the commission that the applicant is free from any bodily or mental defects, deformity or disease that might incapacitate him from the discharge of the duties of the position desired in the police force or as fireman or fire inspector.
(1517 amended Dec. 2, 1976, P.L.1226, No.270)
Section 1518. Reducing in Rank; Suspension; Furloughing; Discharging.--(a) No person employed in a county police force shall be reduced in rank (except superintendent of police), suspended, furloughed or discharged, and no fireman or fire inspector (except fire chief or chief fire inspector) shall be suspended, furloughed or discharged, except for the following reasons: (1) neglect or violation of any official duty; (2) violation of any law of this Commonwealth which provides that such violation constitutes a misdemeanor or a felony; (3) inefficiency, except as hereinafter provided, wilful disobedience of orders, or conduct unbecoming a police officer; (4) drinking of intoxicating liquor while on duty or the use of which renders him unfit for duty when called upon. ((a) amended Aug. 13, 1963, P.L.662, No.347)
(b) In every case of reduction of rank (except that of superintendent of police), suspension, furlough or discharge, a copy or statement of the reasons therefor and written answers thereto shall be furnished to the person sought to be reduced in rank, suspended, furloughed or discharged, if he shall make demand therefor. He shall have the right to appeal to the commission for a hearing on the reasons or charges preferred against him within ninety days of the date of service of a copy or statement of the reasons or charges. ((b) amended July 10, 1986, P.L.1394, No.120)
(c) Upon the written request for a hearing, the commission shall arrange for the hearing within ten days from receipt of such request. At such hearing, the person against whom the charge or reason is made may be present in person and by counsel, and the burden shall be upon the party making such charges or reasons to justify his action.
(d) In the event the commission fails to uphold the action of the party who made the charges or reasons, then the person against whom the charges were preferred shall be paid in full his salary for the time he may have been prevented from performing his usual employment as a police officer or as a fireman or fire inspector, and no record of the case shall be placed against his service record in the police force or as fireman or fire inspector. ((d) amended Aug. 13, 1963, P.L.662, No.347)
(e) If, in the case of demotion of any employe (except that of superintendent of police), the charges or reasons are sustained, then such person shall not be reverted below his seniority standing on the roster of the grades of patrolman in the police force.
(f) A written record of all testimony shall be taken at each hearing held by the commission, and such records shall be sealed and not available to public inspection in the event no appeals are taken from the action of the commission.
(g) In the event the commission shall sustain the party who preferred the charges or reasons, then the party against whom the charges or reasons were made shall have immediate right of appeal to the court of common pleas of the county. Such appeal shall be taken within the period of ninety days from the date of entry by the commission of its final order and shall be by petition. Upon such appeal being taken and docketed, the court of common pleas shall fix a day for the hearing and proceed to hear the appeal de novo on the original record, and the employe shall be reduced, suspended, furloughed or discharged, in accordance with the order of the court.
(h) In cases where a member of a county police force whose duties are those of an outside policeman is found to be physically unfit to perform such duties due to an infirmity resulting from the performance of his duties as a policeman, or whenever any such member has served for a period of twenty years and is at least fifty years of age, such member, upon application to the board of county commissioners, if there is any vacancy existing in the number of building policemen, building guards or other positions, the responsibility of which is building protection or security, as set forth in the budget of the county, shall be assigned to inside work as building policeman or other special duties and be paid such compensation as shall be fixed by the salary board for building policemen. Where more applications are made and filed than there are vacancies existing, such assignments shall be made first to applicants found to be physically unfit and secondly to applicants in order of their seniority in service. Where two or more applicants have equal seniority in service, assignments shall be determined by the alphabetical order of the first letter of the surname of the applicants. As vacancies occur, assignments shall be made according to a seniority list determined as aforesaid. ((h) amended July 27, 1955, P.L.284, No.101)
Section 1519. Reduction in Number of Policemen, Firemen or Fire Inspectors; Reinstatement.--If, for reasons of economy or other reasons, it shall be deemed necessary by the board of county commissioners to reduce the number of policemen in the police force or firemen or fire inspectors, then such reduction in numbers shall be made in the following manner: (1) if there are any policemen, firemen or fire inspectors eligible for retirement under the terms of any retirement or pension system or law, then such reduction in numbers shall be made by retirement, if the party to be retired has served in the police force or as a fireman or fire inspector for a period of at least twenty-five years and his age exceeds the maximum age as defined in the act of October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania Human Relations Act"; (2) if the number of policemen, firemen or fire inspectors eligible for retirement is insufficient to effect the reduction in numbers decided upon by the board of county commissioners, or if no retirement or pension system or law exists, or if there are no policemen, firemen or fire inspectors eligible for retirement or pension, then the reduction shall be made by furloughing the last policeman, fireman or fire inspector, including the probationers, that have been appointed to the police force or as fireman or fire inspector, and continue in numerical order until the reduction decided upon by the board of county commissioners has been effected. In any case where there has been more than one employe appointed at the same time, then such furloughing shall be determined by the standing on the civil service list as hired, the individual having the lowest civil service score to be furloughed first. In the event the said police force, firemen or fire inspectors shall again be increased in numbers, then the employes furloughed shall be reinstated, in the inverse order of that in which they were furloughed, before any new appointments shall be made to the police force or as firemen or fire inspectors.
(1519 amended May 9, 1984, P.L.261, No.61)
Section 1520. Present Employes Exempted.--(a) All members (except superintendent of police) of the county police force upon the fourth day of May, one thousand nine hundred forty-three, shall continue to hold their positions, and shall not be required to take any examination under the provisions of this article except such as may be required for promotion. Any member of a county police force who was dismissed from such force between the first day of January, one thousand nine hundred forty-three, and the fourth day of May, one thousand nine hundred forty-three, for any reason except those as specified in section 1511 of this act, shall be reinstated to his former position in the police force without any examination whatsoever.
(a.1) All members (except the fire chief) of the county fire department and all fire inspectors upon the effective date of this amending act shall continue to hold their positions and shall not be required to take any examination under the provisions of this article except such as may be required for promotion.
(b) Each member of the county police force and every fireman or fire inspector now or hereafter serving in the armed forces of the United States during any war or any police action in which the United States is engaged shall, upon his honorable discharge from such service and return to such police force or as a fireman or fire inspector, be reinstated in the force in a position of equal grade to that which he held immediately before entering the armed forces of the United States. He shall continue to hold such position, and shall not be required to take any examination under the provisions of this article except such as may be required for promotion.
(1520 amended Aug. 13, 1963, P.L.662, No.347)
Section 1521. Discrimination on Account of Religious or Political Affiliations.--No question in any form of application for any examination or in any examination shall be so framed as to elicit information concerning the religious or political opinions of any applicant, nor shall inquiry be made concerning such opinions or affiliations, and all such disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened or promised by any person in or interested in the police force, firemen or fire inspectors against or in favor of an applicant on the eligible list for appointment to or promotion in the police force or as fireman or fire inspector because of his religious or political opinions or affiliations.
(1521 amended Aug. 13, 1963, P.L.662, No.347)
Section 1522. Penalties.--Any county commissioner or anyone acting for the board of county commissioners who shall cause any person to be appointed to or promoted in the police force or as a fireman or fire inspector contrary to the provisions of this article, or who violates any of the provisions of this article, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine of not more than five hundred dollars ($500) or suffer imprisonment not exceeding one year, or both.
(1522 amended Aug. 13, 1963, P.L.662, No.347)
Section 1523. Compensation of the Commission and its Employes.--The compensation to be received by members of the commission or any of the employes they may require for putting into effect the provisions of this article shall be fixed by the salary board.
Section 1524. Hours of Service; Exceptions; Vacations.--Every member of the police force shall have at least twenty-four consecutive hours of rest in each calendar week, except in emergency cases for the suppression of riots or tumults or the preservation of the public peace, in times of war, riot, conflagration or public celebration. No member shall be required to work more than eight consecutive hours in any twenty-four hours except in the aforesaid cases of emergency. Every member shall be allowed one day's vacation for each month of service for the first twelve months of service, and thereafter an annual vacation of not less than fourteen days. He shall also be allowed an annual sick leave of not less than fourteen days. All such vacation and sick leave shall be without any deduction or diminution of salary or compensation as fixed by the salary board. Work hours of firemen and fire inspectors shall be as determined by the board of county commissioners.
(1524 amended Aug. 13, 1963, P.L.662, No.347)
Section 1525. Compensation and Expenses to Policemen, Firemen or Fire Inspectors, Injured or Ill.--Every member of the police force and every fireman and fire inspector who may be injured or become sick through the performance of his duties, and by reason thereof is temporarily incapacitated from performing his duties, shall be paid by the county his full rate of salary as fixed by the salary board until the disability arising therefrom has ceased. All medical and hospital bills incurred in connection with any such injury or sickness shall be paid by the county. All benefits under the Workmen's Compensation Law which shall be received or collected by any such member during the period he has received salary for temporary disability shall be paid over to the county and paid into the treasury thereof. If any such payment or payments shall not be so made by the member of the police force, fireman or fire inspector, the amount so directed to be paid to the county shall be deducted from any salary which shall then or thereafter become due and owing to such member.
(1525 amended Aug. 13, 1963, P.L.662, No.347)
(b) Employes of Jails and Workhouses
Section 1531. Employes of Jails and Workhouses Disabled by Violence; Salaries and Expenses to be Paid.--Every guard, matron, nurse or other employe who comes in contact with inmates of any jail or workhouse, who is incapacitated as a result of violence by an inmate while in the performance of his duties, shall be paid by the county by which they are employed their full rate of salary as fixed by the salary board until the disability arising therefrom has ceased, but the period of such salary payments by the county shall not exceed the period during which such employe is entitled to compensation for the injury, received under the provisions of the Workmen's Compensation Act. All medical and hospital bills incurred in connection with any such injuries shall be paid by such county. All benefits under the Workmen's Compensation Law which shall be received or collected by any such employe during the period he has received salary for temporary disability shall be paid over to the county and into the treasury thereof. If any such payment or payments shall not be so made by such employe, the amount so directed to be paid the county shall be deducted from any salary which shall then or thereafter become due and owing to such employe.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 1531 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(d) (relating to equality of rights based on sex)..
Section 1532. Prison Inspectors to Appoint Jail Chaplains.--The board of prison inspectors shall appoint jail chaplains necessary to care for the spiritual welfare of prisoners under their charge.
The number and compensation of such chaplains shall be fixed by the salary board. Said compensation to be paid from the county treasury.
Article XVI
Commission for the Selection of Jurors
(Art. repealed Apr. 28, 1978, P.L.202, No.53)
Section 1601. Commission for the Selection of Jurors.--(1601 repealed Apr. 28, 1978, P.L.202, No.53)
Article XVII
Employes' Retirement System
Section 1701. Definitions.--The following words and phrases as used in this article shall be construed to have the following meaning:
"Board," county employes' retirement board.
"Compensation," (1) Pickup contributions plus salary or wages received per day, weekly, bi-weekly, semi-monthly, monthly, annually, or during an official term year.
(2) For employes hired on or after the effective date of this paragraph, the term shall not include overtime pay in an amount in excess of ten per centum of base pay.
(Def. amended Dec. 23, 2013, P.L.1242, No.125)
"Contributions," pickup contributions and the amount paid into the retirement fund.
"County employe," any person employed by the county, including all elected or appointed county officers, and agricultural extension association, county institutions district, county prison, any county correctional institution, law library and county retirement board, employes whose compensation is paid out of county funds, and any person employed by an authority formed after January 1, 1998, or any such other second class county entity when approved by the board and the county commissioners and whose compensation is paid by an authority or such other entity, except employes employed by any board of trustees of a community college of which the county is a local sponsor pursuant to the act of August 24, 1963 (P.L.1132, No.484), known as the "Community College Act of 1963," as amended, county institution district funds or county retirement system funds or any department created by the office of the county commissioners, and any person receiving compensation for accidental injuries in accordance with the provisions of The Pennsylvania Workmen's Compensation Act: Provided, That the injured county employe during the period of his or her disability shall pay each month a sum equal to the last monthly contribution paid into the retirement fund when said county employe was in employment and shall not include any participant in on-the-job training, work experience or public service employment whose employment with the county is funded in whole or in part by the Federal "Comprehensive Employment and Training Act," as amended, unless the retirement board has provided for the membership of such participants in accordance with the provisions of section 1710.1. It shall not include any time spent by a county employe on furlough or leave of absence without compensation, a person reemployed as a county employe subsequent to the thirty-first day of May, one thousand nine hundred fifty-three, in accordance with the provisions of subsection (c) of section 1712, except such county employes who may be in active military service in accordance with the provisions of subsection (d) of section 1710 and former county employes whose monthly contributions are paid into the retirement fund in accordance with the provisions of section 1713. In all cases of doubt the board shall determine who is an employe within the meaning of this article. (Def. amended Jan. 27, 1998, P.L.1, No.1)
"Monthly," calendar month.
"Per Annum," twelve calendar months.
"Pickup contributions," regular contributions which are made by the county on behalf of county employes for current service in accordance with subsection (a.1) of section 1708.
"Reemployed," any former county employe who is reemployed as such, shall thereupon assume the status of a new or future county employe and may, if eligible, receive credit for previous service in accordance with the provisions of subsection (b) of section 1715. It shall not include any person reemployed subsequent to the thirty-first day of May, one thousand nine hundred fifty-three, in accordance with the provisions of subsection (c) of section 1712, nor any county employe who may be in active military service in accordance with the provisions of subsection (d) of section 1710.
"Retirement Allowance," the amount to which a county employe is eligible to receive upon retirement from active service not including the amount he or she is eligible to receive as a service increment.
"Retirement fund or system," fund or system created by this article.
"Vested Interest," future county employes including persons who are reemployed as such, except as hereinafter provided, whose contributions as paid into the retirement fund have been retained therein, or have been refunded by the board, who have fulfilled all conditions required to qualify such county employes for a retirement allowance plus a service increment, if any. It shall not include persons who are reemployed as county employes in accordance with the provisions of subsection (c) of section 1712.
"Year or service year," twelve calendar months including an official term year beginning the first Monday of January of a given year to the first Monday of January of the year following or twenty-six pay periods if payment is made bi-weekly.
"Survivor's Benefit Allowance," a portion of a retirement allowance, plus a service increment, if any, to be paid to a surviving spouse of a deceased county employe.
"Early Retirement," reduced retirement benefits at age fifty-five with completion of the minimum number of years of service specified in subsection (a) of section 1710 depending upon the service requirements for normal retirement. (Def. amended Feb. 9, 1984, P.L.12, No.6)
"Interest," a determined rate, payable upon refund of contributions, compounded annually.
"Service Increment," the amount a county employe is eligible to receive in addition to his or her retirement allowance by reason of his or her extra years of service.
(1701 amended July 6, 1984, P.L.638, No.131)
Section 1702. Retirement System and Fund to be Established.--The county shall provide a county employes' retirement system for county employes and shall establish and regulate a retirement fund in connection therewith.
Section 1703. Retirement Board.--The retirement system shall be under the sole direction of a board, which shall consist of the county chief executive; one member, who shall be a member of the retirement system, appointed by the chief executive with the consent of county council; one member, who shall be a member of the retirement system, appointed by county council; the controller; the treasurer; and two persons elected by ballot from among the members of the retirement system. The terms of such members shall be four years. Ballots shall be mailed to each member of the retirement system at least twenty (20) days prior to the date of the election. A vacancy occurring during the term of any member of the board shall be filled for the unexpired term by the appointment or election of a successor in the same manner as his predecessor. A majority of the members of the board shall constitute a quorum for the transaction of any business.
(1703 amended Dec. 23, 2013, P.L.1242, No.125)
Section 1704. Treasurer and Secretary of Board; Power of Board to Employ Persons.--The county treasurer shall be the treasurer of the board, and shall give such bond for the proper performance of his duties as is required by the board. The premium on said bond shall be paid from the retirement fund on warrants of the board. The controller and the treasurer each shall receive for their service the sum of five hundred dollars ($500) per annum from the retirement fund, payable on warrants of the board. The controller shall be the secretary of the board.
The board shall have power and authority to pay all necessary expenses in the administration of the retirement system, employ one solicitor and necessary assistants, who shall receive such compensation as the board shall fix, which shall be paid from the retirement fund on warrants of the board.
The board may authorize one or more of its assistants to administer to all persons oaths and affirmations pertaining to the business of the retirement system.
(1704 amended May 31, 1955, P.L.111, No.35)
Section 1704.1. Tax Qualification.--The board may make such technical changes to the retirement plan as are necessary in order to qualify the retirement system and fund under section 401(a) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401(a)).
(1704.1 added Dec. 23, 2013, P.L.1242, No.125)
Section 1705. Register of Employes; Rules and Regulations of Board.--The board shall keep a register of all county employes containing the names, ages, residence, nature of employment, time of entering employ, and such other information as the board deems necessary in the performance of its duties. The board may adopt, amend, revise and abolish such rules and regulations as it deems necessary, not inconsistent with this act.
Section 1706. Investment or Deposit of Fund; Standard of Care and Liability of Board Members.--(a) The board shall be the trustees of the retirement fund, and shall have exclusive control and management of the said fund with full power to invest the money or any part thereof, subject to the terms, conditions, limitations and restrictions that are provided by law for investments of trust funds by fiduciaries or the retention or sale of certain investments in the hands of fiduciaries. Subject to like terms, conditions, limitations and restrictions, the board shall have power to hold, purchase, sell, assign, transfer or dispose of any of the securities and investments in the retirement fund, as well as the proceeds of said investments and of the money belonging to said fund, or it may deposit such moneys or any part thereof in one or more banks or banking institutions selected by the board. The board shall decide upon the number of banks and banking institutions of the county as depositories of retirement funds and the rate of interest to be paid by them to the board. A contract with a depository shall be for a period covering the term of the county treasurer. No moneys shall be deposited in a depository until it shall furnish to the board collateral to secure payments of deposits and interest to the board, by depositing in escrow securities to be approved by the board. Such securities to be of the kind and in the amount to be fixed by the board.
(b) A board member shall perform his duties as a director, including his duties as a member of any committee of the board upon which he may serve, in good faith, in a manner he reasonably believes to be in the best interests of the retirement system and with such care, including reasonable inquiry, skill and diligence, as a person of ordinary prudence would use under similar circumstances. In performing his duties, a board member shall be entitled to rely in good faith on information, opinions, reports or statements, including financial statements, investment data and such other financial or investment data made available to him by the board's investment counselors or managers and the board's monitor, in each case prepared or presented by any of the following:
(1) One or more officers or employes of the board whom the director reasonably believes to be reliable and competent in the matters presented.
(2) Counsel, actuaries, investment managers or consultants, the investment monitor, the board's agent or other persons as to matters which the director reasonably believes to be within the professional or expert competence of such persons.
(3) A committee of the board upon which he does not serve, duly designated in accordance with law, as to matters within its designated authority, which committee the director reasonably believes to merit confidence.
(c) A director shall not be considered to be acting in good faith if he has knowledge concerning the matter in question that would cause his reliance to be unwarranted.
(d) In discharging the duties of their respective positions, the board, committees of the board and individual members of the board may, in determining the effects of any action upon the employes of the board, the active employes of the county retirement system and of the retirees of the county retirement system who are receiving benefits, consider all other pertinent factors, which shall include, but not be limited to, the actions or activities of the duly appointed monitor, investment counselors or managers, the actuary and the custodial agent. Consideration of factors contained in this subsection shall not constitute a violation of subsection (b).
(e) Absent breach of a fiduciary duty, lack of good faith or self-dealing, actions taken as a member of the board by any member of the board, or any failure to take any action, shall be presumed to be in the best interest of the retirement system.
(f) Whenever the provisions of this act require the members of the board to undertake any action by a vote of the board, a member of the board shall not be personally liable for monetary damages as such for any action taken, or any failure to take any action, unless:
(1) the board member has breached or failed to perform the duties of his position under subsections (b), (c), (d) and (e); and
(2) the breach or failure to perform constitutes self-dealing, wilful misconduct or recklessness.
(g) The provisions of subsections (b), (c), (d), (e) and (f) shall not apply in any case involving responsibility or liability of a board member under any criminal statute.
(1706 amended Dec. 14, 1989, P.L.631, No.75)
Section 1707. Heads of Departments, Offices and Agencies to Certify List of Employes.--The head of every department, office or agency shall promptly certify to the board the names of all county employes of such department, office or agency, residence, age, nature of employment, time of entering employ, and the amount of compensation received by each, together with dismissals, resignations or terminations of service; also, furnish such other relevant information as the board may require. The head of every department, office or agency shall, in accordance with the provisions of section 1708, cause to be deducted each month from the payroll of such department, office or agency the necessary contribution to be paid by each county employe who is a member of the retirement system.
(1707 amended May 31, 1955, P.L.111, No.35)
Section 1708. Compulsory Membership; Payments Into Fund; Exceptions; Vested Interest.--(a) Each county employe shall be required to become a member of the county employes' retirement system within six months from the date of his or her employment. The said county employe may elect to become a member of the retirement system at any time during the aforesaid six months period of time by notifying the head of the department, office or agency in which department, office or agency he or she is employed of the said election. A copy thereof shall be filed immediately with the board. He or she shall, each month, pay into the retirement fund a monthly contribution, being a certain percentage of the amount received by him or her as compensation during the preceding calendar month. Except as provided in subsection (d), the monthly contribution shall be the percentage of his or her compensation as heretofore stated, on a graduated scale as follows:
For the year 1988 and thereafter, six and one-quarter per centum up to seven hundred fifty dollars ($750) per month.
Nine and three-eighths per centum from seven hundred fifty dollars ($750) to fifteen hundred dollars ($1500) per month.
Twelve and one-half per centum from fifteen hundred dollars ($1500) per month and above.
Except as hereinafter provided, the aforesaid increase rate of monthly contributions to be paid into the retirement fund to enhance the actuarial soundness of said fund, shall be applicable to all county employes who are members of the retirement system. Such monthly contributions shall be collected by the county treasurer and by him paid into the retirement fund. The payment of the increased rate of the aforesaid monthly contributions shall not apply to such former county employes whose monthly contributions are now paid into said fund in accordance with the provisions of subsection (d) of section 1713. Any county employe receiving compensation for accidental injuries in accordance with the provisions of The Pennsylvania Workmen's Compensation Act shall during the period of time in which such county employe is receiving disability benefits, as provided in the aforesaid act, pay each month for retirement benefits a sum equal to the last monthly contribution as paid into the retirement fund when said county employe was in employment. The monthly contribution shall not be paid by any person who was receiving a retirement allowance and is subsequent to the thirty-first day of May, one thousand nine hundred fifty-three, reemployed as a county employe or any other person who is ineligible to become a member of the retirement system.
((a) amended Oct. 30, 2000, P.L.616, No.85)
(a.1) The county may elect to contribute on behalf of each active member for current service the amount required by subsection (a) beginning the first Monday of January of the year in which the resolution to do so was adopted by the commissioners. Contributions made in accordance with this subsection shall be deemed pickup contributions and shall be treated as the county's contribution in determining tax treatment under the act of August 16, 1954, 68A Stat. 5, known as the Internal Revenue Code of 1954, for Federal tax purposes. For all other purposes pickup contributions shall be made and treated as contributions made by a member in the same manner and to the same extent as contributions made prior to the implementation of this subsection. The county on or before January 31 of each year shall, at the time when the income and withholding information required by law is furnished to each county employe, also furnish the amount of the pickup contribution made on the employe's behalf. Upon the effective date of the implementation of this subsection, the county shall pick up the required contributions by an equal reduction in the compensation of the member. ((a.1) added July 6, 1984, P.L.638, No.131)
(b) All present and future county employes except such persons who are reemployed as such subsequent to the thirty-first day of May, one thousand nine hundred fifty-three, in accordance with the provisions of subsection (c) of section 1712, shall upon retirement be entitled to receive the benefits of such change in the service period increased maximum retirement allowance and service increment if any as well as such other benefits as may apply to his or her status upon retirement in accordance with the provisions of this article.
(c) No future county employe including persons who are reemployed as such, except as hereinafter provided, whose contributions as paid into the retirement fund have been retained therein or have been refunded by the board, shall have a contractual or vested interest in the retirement system prior to the time he or she shall have fulfilled all conditions required to qualify such county employe for a retirement allowance plus a service increment if any. It shall not include persons who are reemployed as county employes in accordance with the provisions of subsection (c) of section 1712.
(d) To aid and assist the board in maintaining the actuarial soundness of the retirement fund, the board shall cause to be performed an annual actuarial valuation of the retirement system. Notwithstanding the provisions of subsection (a), the board, guided by the annual actuarial valuation of the retirement system, shall have the authority, each year, to increase or decrease the said monthly contribution required to be made by each county employe into the retirement fund. ((d) added Dec. 11, 1979, P.L.494, No.105)
(e) (1) The board, based solely upon the annual actuarial valuation of the retirement system and the actuarial indicator described in clause (2), shall each year increase the monthly retirement allowance which is required to be paid to all employes who have been, for at least one year, prior to the preceding annual actuarial study, eligible to receive a retirement allowance.
(2) The actuarial indicator to be used for purposes of clause (1) shall be known as the Total Funded Status Ratio (TFSR) and shall be determined by the system's actuary. TFSR equals the sum of the fair market value of assets available for plan benefits as of the valuation date plus the actuarial present value of total projected future contributions computed as a percentage of the sum of the actuarial present value of future benefits and the actuarial present value of future expenses. The actuary shall determine the TFSR using an interest rate equal to the arithmetic average of the rate used in the current actuarial valuation and the rates used for the preceding four annual actuarial valuations. The level of the TFSR shall determine the range in which the retirement allowance increase may fall. The board shall implement retirement allowance increases within the permitted range determined from the following table:
|
TFSR |
|
Percentage increase |
|
Under one hundred ten per centum |
|
Zero per centum minimum, or more at the discretion of the board |
|
One hundred ten per centum and above |
|
Two per centum minimum, or more at the discretion of the board, provided, however, that the two per centum minimum increase does not result in a TFSR less than one hundred ten per centum in which case the percentage shall be reduced so as to maintain a one hundred ten per centum TFSR increase. |
The per centum increase determined shall be applied to the average monthly retirement allowance in pay status during the month of December immediately preceding the current actuarial valuation, producing a monthly dollar equivalent for the retirement allowance increase. The dollar amount so determined shall be rounded down to the next lower dollar, and such rounded amount shall be added to the retirement allowance of those eligible for the increase effective for the month of January next following.
((e) amended Oct. 30, 2001, P.L.818, No.80)
(1708 amended June 1, 1973, P.L.37, No.19)
Compiler's Note: Section 9(2) of Act 85 of 2000, which amended section 1708, provided that the amendment of section 1708 shall be retroactive to January 1, 2000.
Section 1709. Appropriation and Payment to Retirement Fund.--At their annual budget session, the county commissioners shall make such an appropriation as will enable them to pay, and there shall be paid out of county taxes and county institution district taxes, a sum of money, each month, which shall be equal to the amount paid into the retirement fund by the county employes, less any sum of money required to be paid by an authority or any such other second class county entity, during the preceding month or bi-weekly pay periods in accordance with the provisions of section 1708: Provided, That an authority or any such other second class county entity operating in the county shall make such an appropriation as will enable either of them to separately pay, and there shall be paid out of each of their respective funds, a sum of money, each month, which shall be equal to the amount paid into the retirement fund by those employes who are employed by an authority and any such other second class county entity during the preceding monthly or bi-weekly pay periods in accordance with the provisions of section 1708.
The county commissioners shall appropriate such amounts as are certified by the State Employes' Retirement Board as necessary to establish reserves for the benefit of any former member of the county employes' retirement system, whose employment with the county was terminated because of the incorporation into the State highway system of all or any county highways, or sections thereof, bridges, tunnels, viaducts, or sections thereto, in counties of the second class, and who became a member of the State Employes' Retirement System and who elected to receive credit in the State Employes' Retirement System for service as a member of the county employes' retirement system. Such appropriations shall be made at the annual budget session next succeeding the year in which certification is received from the State Employes' Retirement System and payment to the State Employes' Retirement Fund shall be made within ninety (90) days of the adoption of the budget.
It shall be the duty of the county commissioners to appropriate annually sufficient funds, necessary to guarantee payment of all administrative costs, benefit commitments and legal obligations of the Employes' Retirement Board.
(1709 amended Jan. 27, 1998, P.L.1, No.1)
Section 1710. Employes Eligible for Retirement Allowances.--(a) (1) Every county employe hired prior to the effective date of paragraph (2) who has reached the age of sixty years or upwards and who has to his or her credit a period of service of eight years, but less than twenty years, shall, upon application to the board, be eligible for retirement from service, and shall thereafter receive, during life, except as hereinafter provided, a retirement allowance computed on a service period of twenty (20) years which shall equal one twentieth (1/20) of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712, for each year's service which such county employe may have to his or her credit during the aforesaid period of time. The time spent in the employ of the county or county institution district need not necessarily have been continuous. The aforesaid retirement allowance shall be subject to a suspension thereof in accordance with the provisions of subsection (h) of this section 1710 and subsection (c) of section 1712.
(2) Every county employe hired on or after the effective date of this paragraph who has reached the age of sixty years or upwards and who has to his or her credit a period of service of ten years, but less than twenty-five years, shall, upon application to the board, be eligible for retirement from service, and shall thereafter receive, during life, except as hereinafter provided, a retirement allowance computed on a service period of twenty-five years which shall equal one twenty-fifth of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712, for each year's service which such county employe may have to his or her credit during the aforesaid period of time. The time spent in the employ of the county or county institution district need not necessarily have been continuous. The aforesaid retirement allowance shall be subject to a suspension thereof in accordance with the provisions of subsection (h) of this section 1710 and subsection (c) of section 1712.
((a) amended Dec. 23, 2013, P.L.1242, No.125)
(b) (1) Every county employe hired prior to the effective date of paragraph (2), other than a member of the police force or the fire department or a fire inspector or a sheriff or deputy sheriff, who has reached the age of sixty years or upwards and who has to his or her credit a period of service of twenty years or more, and every county employe who is a member of the police force or the fire department or a fire inspector, and who shall have been a county employe during a period of twenty or more years and has reached the age of fifty years or upwards shall, upon application to the board, be eligible for retirement from service, and shall thereafter receive, during life, except as hereinafter provided, a retirement allowance plus a service increment if any, in accordance with the provisions of section 1712. Every county officer or employe who is a sheriff, deputy sheriff, prison guard or probation officer who shall have been a county officer or employe during a period of twenty or more years and has reached the age of fifty-five years or upward, shall, upon application to the board, be eligible for retirement from service and shall thereafter receive, during life, except as hereafter provided, a retirement allowance in accordance with section 1712. The time spent in the employ of the county or county institution district need not necessarily have been continuous: Provided, That when any county employe has twenty or more years service, not necessarily continuous, and has not reached the age of sixty years or upwards, and shall be separated from the service of the county or county institution district by reason of no cause or act of his or her own, upon application to the board he or she shall thereafter receive, during life, except as hereinafter provided, a retirement allowance plus a service increment if any, in accordance with the provisions of section 1713. The aforesaid retirement allowance plus a service increment if any, shall be subject to a suspension thereof in accordance with the provisions of subsection (h) of this section 1710 and subsection (c) of section 1712.
(2) Every county employe hired on or after the effective date of this paragraph, other than a member of the police force or the fire department or a fire inspector or a sheriff or deputy sheriff, prison guard or probation officer, who has reached the age of sixty years or upwards and who has to his or her credit a period of service of twenty-five years or more, and every county employe who is a member of the police force or the fire department or a fire inspector, and who shall have been a county employe during a period of twenty-five or more years and has reached the age of fifty years or upwards shall, upon application to the board, be eligible for retirement from service, and shall thereafter receive, during life, except as hereinafter provided, a retirement allowance plus a service increment if any, in accordance with the provisions of section 1712. Every county officer or employe who is a sheriff, deputy sheriff, prison guard or probation officer who shall have been a county officer or employe during a period of twenty-five or more years and has reached the age of fifty-five years or upwards shall, upon application to the board, be eligible for retirement from service and shall thereafter receive, during life, except as hereafter provided, a retirement allowance in accordance with section 1712. The time spent in the employ of the county or county institution district need not necessarily have been continuous: Provided, That when any county employe has twenty-five or more years service, not necessarily continuous, and has not reached the age of sixty years or upwards, and shall be separated from the service of the county or county institution district by reason of no cause or act of his or her own, upon application to the board, he or she shall thereafter receive, during life, except as hereinafter provided, a retirement allowance plus a service increment if any, in accordance with the provisions of section 1713. The aforesaid retirement allowance plus a service increment, if any, shall be subject to a suspension thereof in accordance with the provisions of subsection (h) of this section 1710 and subsection (c) of section 1712.
((b) amended Dec. 23, 2013, P.L.1242, No.125)
(c) A person who became a county employe through the consolidation of a city institution district with a county institution district may have the period of his or her city employment credited as a county employe for all purposes under this article: Provided, That said person, between the twenty-second day of May, one thousand nine hundred forty-five, and the twenty-second day of May, one thousand nine hundred forty-six, shall have paid into the retirement fund the amount which he or she would have been required to pay into the said fund if such person had been a county employe from the date of his or her original employment with the city: And further provided, That the city by which the said person was formerly employed shall have paid into the retirement fund an amount equal to that paid into the said fund by the said person in accordance with the provisions of this article. Any present county institution district employe who, prior to the twenty-second day of May, one thousand nine hundred forty-five, was a city institution district employe and who did not make payments for previous service credit as a county employe between the aforesaid period of time as herein provided, may, prior to the first day of April, one thousand nine hundred fifty-six, make application to the board and, upon approval thereof, shall pay into the retirement fund a sum equal to twice the payment which such person would have been required to pay into the said fund had such person been a county employe from the date of his or her original employment with the city. In addition thereto, interest at the legal rate shall be paid from the date when such monthly payment would have been made. Both principal and interest shall be paid into the retirement fund at one time and in one amount or, upon approval of the board, both principal and interest shall be consolidated into one amount and paid in twelve or less equal monthly installments, plus interest payment on monthly balances. Full payment thereof shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances.
No person shall be eligible to receive the benefits for prior service under this subsection, who is a member of a retirement or pension system of any city of the second class.
If such county employe leaves the employ of the county institution district before he or she shall be eligible to receive the benefit of the retirement allowances, a refund of his or her contributions as paid into the retirement fund shall be made in accordance with the provisions of section 1714.
(d) Any county employe who on and after the sixteenth day of September, one thousand nine hundred forty, has been employed by the county or county institution district for a period of six or more months, and who, on or subsequent to such date, shall have enlisted or been inducted into military service of the United States in time of war or national emergency, so proclaimed by the President or the Congress of the United States, or any police action in which the United States is engaged, or shall serve in the military service of the United States during any armed conflict, shall have credited to his employment record, for retirement benefits, all of the time spent by him in such military service during the continuance of such war, armed conflict, national emergency or police action, if such person returns or has heretofore returned to his employment within one year after his separation from military service and such payments as are required to be made by such county employe into the county employes' retirement fund shall be paid into such fund by the county or county institution district, upon application by such county employe for retirement benefits. Any county employe who has been in military service and returned to the employ of the county or county institution district shall, within one year after the effective date of this article, file with the board a record of the time spent by him in such military service. Any county employe who has been in military service prior to the effective date of this article and has made payments into the county employes' retirement fund to secure for his employment record credit for his military service shall be reimbursed to the full extent of such payments by the board.
(e) Any person who became a county employe through the consolidation of a Department of Health of a city of the second class with a Department of Health of a county of the second class may have the period of his or her city employment credited as a county employe for all purposes under this article, including any credit for United States military service for which such person of said city has been given credit for retirement benefits. Such person shall, within three years from the effective date of the consolidation, make application to the board and, upon approval thereof, pay into the retirement fund the contributions which such person would have been required to pay into the fund had such person been a county employe from the date of his or her original employment in the city. The gross sum shall be paid into the retirement fund at one time and in one amount or, upon approval of the board, the gross sum shall be paid in twelve or less equal consecutive monthly installments. Full payment thereof, as well as the gross sum to be paid by the city as herein provided, shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances. The city by which such person was formerly employed shall pay into the retirement fund an amount equal to the gross sum as paid into the said fund by the former city employe in accordance with the provisions of this article. Included in said gross sum to be paid by such city, shall be an amount in payment for said employes' United States military service credit, if any, for retirement benefits, which amount shall be based on the contribution which such employe would have been required to pay into the retirement fund had he or she been a county employe during such period. The city is herewith authorized and empowered to make an appropriation out of the funds of the city to pay into the retirement fund the necessary amounts as herein provided.
If such county employe leaves the employ of the county before he or she shall be eligible to receive the benefits of the retirement allowances, a refund of his or her contributions as paid into the retirement fund, less the amount as paid by said city for United States military service credit, if any, for retirement benefits, shall be made in accordance with the provisions of section one thousand seven hundred fourteen.
(f) Any person who is an employe of any city of the third class, borough or township, and who is a member of a retirement or pension system established by such city of the third class, borough or township, who shall heretofore or hereafter be employed by a department of health of a county of the second class, may have the period of his or her employment in any of the aforesaid municipalities credited as a county employe for all purposes under this article, including any credit for United States military service for which such person of said municipalities has been given credit for retirement benefits. Such person shall, within three years from the date of his or her employment in the county department of health, make application to the board and, upon approval thereof, pay into the retirement fund the contributions which such person would have been required to pay into the fund had such person been a county employe from the date of his or her original employment in any of the aforesaid municipalities. The gross sum shall be paid into the retirement fund at one time and in one amount or, upon approval of the board, the gross sum shall be paid in twelve or less equal consecutive monthly installments. Full payment thereof as well as the gross sum to be paid by any city of the third class, borough or township or the retirement or pension board of such municipalities shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances. Any city of the third class, borough or township by which such person was formerly employed shall pay into the retirement fund an amount equal to the gross sum as paid into the fund by such former employe of any of the aforesaid municipalities in accordance with the provisions of this article. Included in said gross sum to be paid by such municipalities, shall be an amount in payment for such employes' United States military service credit, if any, for retirement benefits, which amount shall be based on the contribution which such employe would have been required to pay into the retirement fund had he or she been a county employe during such period.
Any city of the third class, borough or township is herewith authorized and empowered to make an appropriation out of the funds of such city of the third class, borough or township to pay into the retirement fund the necessary amounts as herein provided, or any of the aforesaid municipalities which have an established retirement or pension system, the retirement or pension board thereof shall certify to the county board, upon request, the period of service as set forth in the records of such municipal retirement or pension board, the period of service for which credit has been allowed such former municipal employe, and to transfer to the county retirement fund a sum equal to all contingent and annuity reserves and accumulated deductions as recorded to the credit of its former employe in its retirement or pension system as determined by the retirement or pension board of such municipality, for the purpose of establishing credit in the County Employes' Retirement System under which he or she may receive credit in said system as a county employe for services previously credited to him or her in the aforesaid municipal retirement or pension system. Upon receipt of the aforesaid request, the retirement or pension board of such municipalities shall make such certification and transfer of funds to the County Employes' Retirement System as herein provided.
If such county employe leaves the employ of the county before he or she shall be eligible to receive the benefits of the retirement allowances, a refund of his or her contributions as paid into the retirement fund less the amount as paid by such municipalities for United States military service credit, if any, for retirement benefits, shall be made in accordance with the provisions of section one thousand seven hundred fourteen.
(g) Any person who is an employe of the Department of Health of this Commonwealth and a member of the State Employes' Retirement Association, as provided by the act of June 27, 1923 (P.L.858), its amendments and supplements, who has heretofore or shall hereafter be employed by a Department of Health of a county of the second class, may have the period of his or her former State employment credited as a county employe for all purposes under this article as hereinafter set forth.
Such person shall, upon employment in the county Department of Health, make application to the board within three years from the effective date of this amendment and, upon approval of said application, pay into the retirement fund the contributions which such person would have been required to pay into the fund had such person been a county employe from the date of his or her former employment in the Commonwealth as set forth in the records of the State Employes' Retirement Board.
The county board shall request the State Employes' Retirement Board to certify to it the period of service for which credit has been allowed, and to transfer to the county retirement fund a sum equal to all contingent and State annuity reserves and accumulated deductions as recorded to the credit of such former employe in the State Employes' Retirement Fund as determined by the State Employes' Retirement Board, for the purpose of establishing credit in the County Employes' Retirement System under which he or she may receive credit in said system as a county employe for services previously credited to him or her in the State Employes' Retirement Association. Upon receipt of the aforesaid request, the State Employes' Retirement Board shall make such certification and transfer of funds to the County Employes' Retirement System as herein provided.
If such county employe leaves the employ of the county before he or she shall be eligible to receive the benefits of the retirement allowances, a refund of his or her contributions as paid into the retirement fund shall be made in accordance with the provisions of section 1714.
(h) (1) Option I. Any county employe hired prior to the effective date of paragraph (1.1) who has not reached sixty years of age, and who has to his or her credit a period of at least the minimum number of years of service specified in subsection (a)(1) of this section but less than twenty years of service, shall upon application to the board be eligible to receive at age sixty years a retirement allowance computed on a service period of twenty years, which shall equal one-twentieth of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712 for each year's service which such county employe may have to his or her credit during the aforesaid period of time. The time spent in the employ of the county or county institution district need not necessarily have been continuous.
(1.1) Option I-A. Any county employe hired on or after the effective date of this paragraph who has not reached sixty years of age, and who has to his or her credit a period of at least the minimum number of years of service specified in subsection (a)(2) of this section but less than twenty-five years of service, shall upon application to the board be eligible to receive at age sixty years a retirement allowance computed on a service period of twenty-five years, which shall equal one twenty-fifth of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712 for each year's service which such county employe may have to his or her credit during the aforesaid period of time. The time spent in the employ of the county or county institution district need not necessarily have been continuous.
(2) Option II. Any county employe hired prior to the effective date of paragraph (2.1) who has not reached sixty years of age, and who has to his or her credit a period of the minimum number of years of service specified in subsection (a)(1) of this section but less than twenty years of service, shall upon application to the board be eligible to receive thereafter, a retirement computed on a service period of twenty years, which shall equal one-twentieth of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712 for each year's service which such county employe may have to his or her credit during the aforesaid period of time. Further, the above retirement allowance shall be subject to a reduction of one-half of one per centum for each month under the age of sixty years. In no event shall a retirement allowance be paid until the age of fifty-five years is attained. The time spent in the employ of the county or county institution district need not necessarily have been continuous. The aforesaid retirement allowance elected under Option I shall become null and void if said county or county institution district employe is reemployed prior to age sixty in accordance with the provisions of subsection (c) of section 1712.
(2.1) Option II-A. Any county employe hired on or after the effective date of this paragraph who has not reached sixty years of age, and who has to his or her credit a period of the minimum number of years of service specified in subsection (a)(2) of this section but less than twenty-five years of service, shall upon application to the board be eligible to receive thereafter, a retirement computed on a service period of twenty-five years, which shall equal one twenty-fifth of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712 for each year's service which such county employe may have to his or her credit during the aforesaid period of time. Further, the above retirement allowance shall be subject to a reduction of one-half of one per centum for each month under the age of sixty years. In no event shall a retirement allowance be paid until the age of fifty-five years is attained. The time spent in the employ of the county or county institution district need not necessarily have been continuous. The aforesaid retirement allowance elected under Option I-A shall become null and void if said county or county institution district employe is reemployed prior to age sixty in accordance with the provisions of subsection (c) of section 1712.
((h) amended Dec. 23, 2013, P.L.1242, No.125)
(i) Upon application to the board, all members of the fund who are contributors and who served in the Armed Forces of the United States subsequent to September 1, 1940, or who become members of the retirement fund on or after the effective date of this act shall be entitled to have full military service credit for each of the most recent years of military service or fraction thereof, not to exceed three full years of such service; provided, they have a retirement credit of the minimum number of years specified in subsection (a) of this section or more. The formula to be followed for payment to the fund shall be in an amount equal to the maximum rate of contribution had they been members of the fund plus an additional amount as the equivalent of the county matching appropriation, plus interest, if applicable, at the rate of six per centum per year from the date of each year of credited military service to date of repayment or by applying the employe's basic contribution rate plus the county's normal contribution rate for active members at the time of entry, subsequent to such military service, of the employe into county service to his average annual rate of compensation over the first three years of such subsequent county service and multiplying the result by the number of years and fractional part of a year of creditable nonintervening military service being purchased, together with interest, if applicable, during all periods of subsequent county service to date of purchase. Should it be determined by the retirement board that verifiable compensation data is not available it shall have the discretion to determine which formula shall be used: Provided, That said member is not entitled to receive, eligible to receive now or in the future, or is receiving retirement benefits for such service under a retirement system administered and wholly or partially paid for by any other governmental agency or private industry. Both principal and interest, if applicable, shall be consolidated into one amount and paid. Full payment thereof shall be a condition precedent to receive the benefits of the retirement allowance. If the member pays the entire principal back within the three-year period immediately following attainment of the minimum number of years of service credit specified in subsection (a) of this section or within three years from the date this amendatory act takes effect for those who already have the minimum numbers of years of service credit specified in subsection (a) of this section, no interest will be charged. Otherwise, interest will be charged at the rate of six per centum per year from the date of each year of credited military service to date of repayment. Only those employes who are active members of the retirement fund on or after the effective date of this amendatory act shall be permitted to avail themselves of either of these programs. ((i) amended Dec. 9, 2002, P.L.1443, No.185)
(j) (1) Any person who was employed by an authority created by the county on or after June 10, 1968, pursuant to the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," for the purpose of assisting and encouraging local municipalities to undertake vital and necessary capital improvement projects that could not be financed or constructed with county assistance and who subsequently became an employe of the county may have the period of his employment with such authority credited as a county employe. The person shall make application to the board within three years of the effective date of this subsection and, upon approval of the application, shall pay into the retirement fund the amount which he would have been required to pay into the fund if he had been a county employe from the date of his original employment with the authority. The county shall pay into the retirement fund an amount equal to the amount paid in by the employe in accordance with the provisions of this article.
(2) Any person who was employed by an authority created by the county on or after February 14, 1950, pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law," who participated in the Allegheny County Redevelopment Authority (ACRA) retirement plan and who subsequently became an employe of the county on or before January 1, 2001, may have the period of his employment with such authority credited as a county employe to reflect the employe's transfer of a governmental function, provided the person is not entitled to receive, eligible to receive now or in the future or currently receiving retirement benefits for such service under a retirement system administered and wholly or partially paid for by any other governmental agency or by any private employer. The person shall be required to transfer to the retirement fund an amount equal to the greater of the amount the person received from the ACRA plan plus interest at six per centum per annum from the date of the distribution from the ACRA plan to date of payment or an amount equal to the sums, both employe and county contributions, that would have been paid into the retirement fund had the person always been a member of the retirement fund plus interest at six per centum per annum from the date the sums would have been made to the retirement fund to date of payment. Upon written notification of the amount from the board, the person would be given a year to make the contribution. Interest from the date of notification to date of payment shall be charged at six per centum per annum.
((j) amended Dec. 9, 2002, P.L.1443, No.185)
(1710 amended Dec. 10, 1970, P.L.919, No.291)
Section 1710.1. Exclusion of Certain Persons.--A participant in on-the-job training, work experience and public service employment whose employment with the county is funded in whole or in part by the Federal "Comprehensive Employment and Training Act," as amended, shall not be or become a member of the employes' retirement system as established and maintained under Article XVII of this act unless provisions are approved and implemented by the retirement board, in accordance with regulations adopted pursuant to the "Comprehensive Employment and Training Act," as amended, whereby all employer costs of providing for membership or service credits in the retirement system attributable to CETA participation are payable from funds provided under the "Comprehensive Employment and Training Act."
(1710.1 added Mar. 27, 1980, P.L.56, No.21)
Section 1711. Exceptions in Favor of Employes Totally and Permanently Disabled.--(a) Any present or future county employe, except persons who are employed in accordance with the provisions of subsection (c) of this section and persons who are reemployed in accordance with the provisions of subsection (b) of section 1715, who has been in employ for a period of not less than twelve years, upon application to the board, may receive a retirement allowance plus a service increment, if any, in accordance with the provisions of section 1712, if he or she becomes mentally incapacitated or totally and permanently disabled physically, even though such county employe has not reached the age of sixty years, provided that proof of such mental incapacity or total and permanent physical disability shall be by the unanimous opinion and sworn statements of three practicing physicians of the county designated by the board. Application in behalf of a mentally incapacitated county employe for a retirement allowance plus a service increment, if any, shall be made by a duly appointed guardian who shall be entitled to receive such retirement allowance plus a service increment, if any, to which the mentally incapacitated county employe may be eligible to receive. ((a) amended June 29, 1976, P.L.461, No.116)
(b) Once each year, the board may require any former county employe, who is receiving a retirement allowance plus a service increment if any by reason of such mental incapacity or total and permanent physical disability, to undergo a medical examination by a physician or physicians designated by the board. Should such physician or physicians thereupon report and certify to the board that such former county employe is no longer mentally incapacitated or totally and permanently physically disabled, or that such former county employe is able to engage in a gainful occupation, and should the board concur in such report, then the amount of the retirement allowance plus a service increment if any, shall be reduced or discontinued, as the board may determine.
(c) No person entering the employ of the county or county institution district as a county employe after the first day of August, one thousand nine hundred fifty-three, who has attained the age of fifty-five or more years at the time of such employment, shall be eligible to receive a retirement allowance by reason of total and permanent physical disability as herein provided.
(1711 amended May 31, 1955, P.L.111, No.35)
Section 1712. Amount of Retirement Allowances.--(a) (1) For employes hired prior to the effective date of paragraph (2), the retirement allowance paid under the provisions of this article shall equal fifty per centum of the amount which would constitute the average monthly compensation as received by the county employe during the highest twenty-four months of the last four (4) years of his employment or two years on a bi-weekly pay basis in which period of time the said county employe made monthly or bi-weekly contributions into the retirement fund prior to his or her retirement.
(2) For employes hired after the effective date of this paragraph, the retirement allowance paid under the provisions of this article shall be equal to fifty per centum of the amount which would constitute the average monthly compensation as received by the county employe during the highest forty-eight months of the last eight (8) years of his employment or four (4) years on a bi-weekly pay basis in which period of time the county employe made monthly or bi-weekly contributions into the retirement fund prior to his or her retirement.
(3) Such average monthly compensation shall include the compensation which any county employe would have been entitled to and would have received except for deduction from compensation due to time spent in serving as an elected State official: Provided, That the county and the employe shall make monthly contributions based on the last compensation equal to the amount the county and he or she would have paid into the retirement fund had such compensation been paid by the county. In the event an employe, on the effective date of employment termination, shall have less than a full year of service for the purpose of computing the employe's service time, then the amount of the retirement allowance, which would have been computed had the employe completed a full twelve-month period for the year of the termination of employment, shall be prorated upon a full completed month basis for said last year of service. No retirement allowance shall be computed on a monthly compensation in excess of four thousand three hundred thirty-three dollars and thirty-three cents ($4,333.33) (referred to in this subsection as "excess compensation") unless the employe and the county have made contributions on all excess compensation received by the employe during the five-year period preceding the employe's retirement: Provided, That the required contribution is paid into the retirement system within ninety (90) days of the date of retirement. An employe who retires within five (5) years of the effective date of the compensation cap removal may elect to satisfy the contribution requirement by making a lump sum contribution that is calculated by applying the applicable contribution percentage rate to all excess compensation received by the employe during the prior five-year period on which contributions were not made. Within ninety (90) days of such contribution by an employe, contributions shall also be made by the county in an amount equal to the amount contributed by the employe. The effective date of the cap removal is December 31, 1999.
(4) After the effective date of this amendment, certain former county employes who are now receiving a retirement allowance shall receive an increase of a certain per centum of such retirement allowance, which sum shall be computed on the average monthly retirement allowance as heretofore authorized by the board.
(5) The per centum of increase in said monthly retirement allowance shall be a flat 10 per centum increase with the maximum amount not to exceed forty-five dollars ($45.00) per month.
(6) Any employe who earns in excess of ten thousand eight hundred dollars ($10,800) per annum and shall retire during the period from January 1, 1973 to December 31, 1981 shall pay, as a condition to the payment of any benefits hereunder a lump sum contribution into the retirement fund, which contribution shall be computed as follows:
(i) The difference between ten thousand eight hundred dollars ($10,800) and the annual salary of the employe multiplied by the number of years during which he was not an employe of the county for the period aforesaid and upon that amount the sum of two per centum which shall be the lump sum contribution as required herein.
(ii) No person who is reemployed as a county employe shall be eligible to receive the benefit of a retirement allowance plus a service increment, if any, until he or she shall have made at least twenty-four monthly or fifty-two bi-weekly contributions into the retirement fund subsequent to his or her reemployment. The foregoing provisions shall not have a retroactive application and shall apply only to present and future county employes. The rate required to be paid in accordance with this provision shall apply to present county employes notwithstanding the rate of contribution that the present county employe has made into the retirement fund.
((a) amended Dec. 23, 2013, P.L.1242, No.125)
(b) ((b) deleted by amendment June 1, 1973, P.L.37, No.19)
(b.1) (1) In addition to the retirement allowance which is authorized by this article and notwithstanding the limitations therein placed upon retirement allowances, any county employe hired prior to the effective date of paragraph (2) who upon retirement shall be eligible to receive payment of a retirement allowance and who has been employed as such for twenty or more years during which period of time he or she shall have made monthly contributions into the retirement fund, shall also be eligible to the payment in addition to a retirement allowance a service increment of two per centum per year computed upon the annual retirement allowance to which he or she is entitled. Said service increment shall be the sum obtained by computing the number of full years, and any portion of a year, in excess of twenty years during which period of time he or she shall have made monthly or bi-weekly contributions into the retirement fund. No service increment shall be paid for more than twenty (20) such excess service years. Effective as of January 1, 1989, in the event an employe, on the effective date of employment termination, shall have less than a full year of service for the purpose of computing the employe's service increment, then the amount of the service increment which would have been computed had the employe completed a full twelve-month period for the year of the termination of employment shall be prorated upon a full completed month basis for said last year of service increment.
(2) In addition to the retirement allowance which is authorized by this article and notwithstanding the limitations therein placed upon retirement allowances, any county employe hired on or after the effective date of this paragraph who upon retirement shall be eligible to receive payment of a retirement allowance and who has been employed as such for twenty-five or more years during which period of time he or she shall have made monthly or bi-weekly contributions into the retirement fund shall also be eligible to the payment, in addition to a retirement allowance, of a service increment of two per centum per year computed upon the annual retirement allowance to which he or she is entitled. Said service increment shall be the sum obtained by computing the number of full years, and any portion of a year, in excess of twenty-five years during which period of time he or she shall have made monthly or bi-weekly contributions into the retirement fund. No service increment shall be paid for more than twenty (20) such excess service years. In the event an employe, on the effective date of employment termination, shall have less than a full year of service for the purpose of computing the employe's service increment, then the amount of the service increment which would have been computed had the employe completed a full twelve-month period for the year of the termination of employment shall be prorated upon a full completed month basis for said last year of service increment.
((b.1) amended Dec. 23, 2013, P.L.1242, No.125)
(c) Any person receiving a retirement allowance and is subsequently reemployed as a county employe, during the period of such reemployment his or her retirement allowance plus a service increment, if any, shall cease until subsequent retirement. The subsequent retirement allowance and service increment, if any, in the case of persons reemployed prior to the first day of June, one thousand nine hundred fifty-three, and retiring at any time after the first day of August, one thousand nine hundred fifty-three, shall be at the rate he or she would have received had there been no previous retirement. In the case of persons reemployed after the thirty-first day of May, one thousand nine hundred fifty-three, the subsequent retirement allowance, plus a service increment, if any, shall be the same as he or she received prior to his or her reemployment. All present and future reemployed retired employes shall have the option to make bi-weekly contributions to the fund to qualify for an increased retirement allowance upon subsequent retirement: Provided, That he or she make retirement contributions to the fund with interest at the legal rate, for said period of time when no contributions were made from the earnings of said employe during the period of such reemployment. Upon subsequent retirement, the reemployed service credit, which shall equal one-twentieth for each full year's service, shall be added to the previous retirement allowance and in one amount, be paid monthly to the reemployed retiree. In no event shall increments be paid for any such reemployment service credit. ((c) amended June 29, 1976, P.L.461, No.116)
(d) Retirement allowance plus a service increment, if any, shall be paid in monthly installments on warrants of the board. No retirement allowance plus a service increment, if any, granted to any person who has heretofore retired or who shall hereafter retire shall be decreased or revoked during the life of any such person, except as the board may decide in accordance with the provisions of subsection (b) of section 1711, as well as a suspension thereof in accordance with the provisions of subsection (c) of this section. ((d) amended June 29, 1976, P.L.461, No.116)
(e) Any present or future married county employe covered under the provisions of this article may receive retirement benefits in accordance with the provisions of this section to which such county employe may be entitled or he or she may elect at anytime before retirement, to receive in lieu thereof benefits under the option as hereinafter set forth.
The option shall consist of retirement benefits in accordance with the provisions of subsection (a) of this section but reduced at age fifty-five, or on commencement of retirement benefits if later, by ten per centum plus one per centum for each full year in excess of five years by which the spouse is younger than the married county employe, with a maximum reduction to seventy per centum of such retirement benefits, and minus one-half of one per centum for each year by which the spouse is older, with a maximum increase to ninety-five per centum of such retirement benefits. The reduced amount of such retirement benefits shall commence at the time of retirement, but not before age fifty-five, and shall be paid to the employe subject to the provisions of subsection (d) of this section.
((e) amended Dec. 23, 2013, P.L.1242, No.125)
(f) (1) The election by said county employe of the option as provided in subsection (e) of this section shall be final on attainment of age fifty or on later election prior to retirement, and no further election shall be permitted: Provided, That the election shall automatically be cancelled if the county employe shall either be divorced or if his or her spouse shall die, in each case before retirement benefits under the option shall commence. In the event the designated spouse shall predecease, or if a legal separation occurs, while on retirement, the reduced retirement option benefit shall be reinstated to the full amount had there been no option exercised. Said reinstated amount to commence immediately upon the death of the spouse so designated or upon satisfactory proof of legal separation.
(2) All employes hired prior to the effective date of paragraph (3) may elect to provide survivorship option benefits for a spouse in the following classifications if the following conditions are satisfied:
Class I. The deceased employe shall have attained the age of fifty years and had completed between the minimum number of years of service specified in subsection (a) of section 1710 and nineteen years of service and dies before reaching the age of fifty-five years. The reduced retirement option benefit to commence to the survivor at the time the deceased employe would have attained the age of fifty-five years. Said benefits to be paid in accordance with the provisions set forth under subsection (d), Option II, of section 1713.
Class II. All employes hired prior to the effective date of paragraph (3), who after completion of twenty or more years of service and shall die before reaching the age of fifty years, his or her spouse shall be eligible to receive the reduced retirement option immediately, in accordance with the provisions set forth under subsection (d), Option II of section 1713.
(3) All employes hired on or after the effective date of this paragraph may elect to provide survivorship option benefits for a spouse in the following classifications if the following conditions are satisfied:
Class I-A. The deceased employe shall have attained the age of fifty years and had completed between the minimum number of years of service specified in subsection (a) of section 1710 and twenty-four years of service and dies before reaching the age of fifty-five years. The reduced retirement option benefit to commence to the survivor at the time the deceased employe would have attained the age of fifty-five years. Said benefits to be paid in accordance with the provisions set forth under subsection (d), Option II of section 1713.
Class II-A. All employes hired on or after the effective date of this paragraph, who after completion of twenty-five or more years of service and shall die before reaching the age of fifty years, his or her spouse shall be eligible to receive the reduced retirement option immediately, in accordance with the provisions set forth under subsection (d), Option II of section 1713.
((f) amended Dec. 23, 2013, P.L.1242, No.125)
(g) Sections 1710, 1711 and 1713 are to be construed as applying to the provisions of subsection (e) of this section insofar as the aforesaid sections are applicable.
(h) Survivorship benefits at age fifty-five shall be determined according to the following table:
Maximum 95%
Spouse Years Older
Minimum 70% or $75.00
Spouse Years Younger
Same Age = 90%
Same Age = 90%
- 15 years = 80%
+ 1 year = 90-1/2%
- 5 years = 90%
- 16 years = 79%
+ 2 years = 91%
- 6 years = 89%
- 17 years = 78%
+ 3 years = 91-1/2%
- 7 years = 88%
- 18 years = 77%
+ 4 years = 92%
- 8 years = 87%
- 19 years = 76%
+ 5 years = 92-1/2%
- 9 years = 86%
- 20 years = 75%
+ 6 years = 93%
- 10 years = 85%
- 21 years = 74%
+ 7 years = 93-1/2%
- 11 years = 84%
- 22 years = 73%
+ 8 years = 94%
- 12 years = 83%
- 23 years = 72%
+ 9 years = 94-1/2%
- 13 years = 82%
- 24 years = 71%
+ 10 years = 95%
- 14 years = 81%
- 25 years = 70%
One-half of the rate specified in the table shall be paid to the surviving spouse on the death of the retired employe.
(i) (1) Any county employe hired prior to the effective date of paragraph (2) retiring under disability retirement benefits shall qualify for survivorship option benefits if he or she shall have reached the age of fifty-five years and having twenty or more years of service credit will be eligible for same benefits had he retired under the normal retirement provided for in this act. Any county employe retiring under disability retirement and having twelve years but less than twenty years of service credit, upon reaching age fifty-five will be eligible for survivorship option benefits and his or her spouse shall receive the maximum amount of seventy-five dollars ($75.00) per month upon his or her death under the option benefit clause as set forth under subsection (e) of this section.
(2) Any county employe hired on or after the effective date of this paragraph retiring under disability retirement benefits shall qualify for survivorship option benefits if he or she shall have reached the age of fifty-five years and having twenty-five or more years of service credit will be eligible for same benefits had he or she retired under the normal retirement provided for in this act. Any county employe retiring under disability retirement and having twelve years but less than twenty-five years of service credit, upon reaching age fifty-five will be eligible for survivorship option benefits and his or her spouse shall receive the maximum amount of seventy-five dollars ($75.00) per month upon his or her death under the option benefit clause as set forth under subsection (e) of this section.
((i) amended Dec. 23, 2013, P.L.1242, No.125)
(1712 amended Dec. 10, 1970, P.L.919, No.291)
Compiler's Note: Section 9(2) of Act 85 of 2000, which amended section 1712, provided that the amendment of section 1712 shall be retroactive to January 1, 2000.
Section 1713. Retirement Allowances After Leaving Service.--(a) ((a) deleted June 1, 1973, P.L.37, No.19)
(b) ((b) deleted June 1, 1973, P.L.37, No.19)
(c) ((c) deleted June 1, 1973, P.L.37, No.19)
(d) Option I. Any person who, after twenty or more years' service as a county employe resigns from his or her office position or employment before reaching the age of sixty years when he or she attains the age of sixty years, when such former county employe shall be eligible to receive a retirement allowance which shall be computed on the average monthly compensation as received by the former county employe prior to his or her separation from the service of the county or county institution district in accordance with the provisions of subsection (a) of section 1712. Such former county employe shall be eligible to receive, in addition to a retirement allowance, a service increment, if any, in accordance with the provisions of subsection (b) of section 1712 only to the time of his or her separation from the service of the county or county institution district.
Option II. Employe may elect to receive immediate retirement allowance benefits under the age of sixty years provided that said retirement allowance be reduced by one-half of one per centum for each month under the age of sixty years. Option I or Option II election shall be final upon separation of his or her service from the county.
Option III. Any employe under sixty years of age who has served twenty years or more and who was dismissed through no fault of his own may elect to receive immediate retirement allowance benefits plus a service increment, if any, equal to seventy per centum of the benefits he would be entitled to receive had he continued to be employed until age sixty. The service increment shall be effective as of January 1, 1989.
((d) amended Jan. 27, 1998, P.L.1, No.1)
(e) The aforesaid retirement allowance plus a service increment, if any, as provided in subsection (d) of this section, shall be subject to a suspension thereof in accordance with the provisions of subsection (c) of section 1712. ((e) amended June 29, 1976, P.L.461, No.116)
Section 1714. Separation from Service; Refund of Contribution.--(a) Any person contributing monthly or bi-weekly into the retirement fund who shall, for any cause, cease to be a county employe before he or she shall be eligible to receive the benefits of the retirement allowances, the total amount of the contributions paid into the retirement fund by such county employe shall be refunded to him or her by the board, or, in the event of the death of any such county employe, the amount of said contributions shall be paid to such person or persons as he or she shall have designated in writing, as filed with the board, as his or her beneficiary, or to his or her estate. If no person or persons have been designated as his or her beneficiary, or no notice has been filed with the board to pay the amount of such contributions to his or her estate, as herein provided, then the board is herewith authorized to pay such contributions to the executor, administrator, surviving spouse, or next of kin of the deceased county employe. In the event the surviving spouse or next of kin of the decedent cannot be found for the purpose of making distribution of such contributions for a period of seven years from the death of the said county employe, then the aforesaid contributions shall be escheated to the Commonwealth for the benefit of the retirement system. In addition thereto, simple interest shall be paid at a monthly rate of interest that is equivalent to one-twelfth of the annual rate of interest specified herein on contributions of the member made under subsection (a) of section 1708 calculated from the beginning of the month of the deposit, or withholding, or payment into the fund of those contributions through the end of the month of refund; and such interest credited to the contributions of the member made under subsection (a) of section 1708 in a prior calendar year shall receive simple interest at the monthly rate of interest that is equivalent to one-twelfth of the annual rate of interest specified herein through the end of the month of refund. The annual rate of interest shall be fixed by the board. Such contributions and interest shall be paid to a county employe provided he was employed for a period of two consecutive years or more and has made twenty-four monthly contributions to the fund and is not eligible to receive the benefits of a retirement allowance. Notwithstanding the provisions of this subsection, a member who has ceased to make contributions to the fund by payroll deduction shall thereafter be credited with interest only for a period of years equal to his years of current service under this amendment. Any person who has heretofore or who shall hereafter cease to be a county employe, shall thereafter cease to be a member of the retirement system, except such former county employe who may be eligible to receive the benefits of a retirement allowance plus a service increment if any in accordance with the provisions of sections 1710 and 1713.
((a) amended May 16, 1996, P.L.210, No.39)
(b) If any former county employe receiving a retirement allowance either with or without a service increment shall die before he or she shall have received the total retirement allowance payments plus the service increment, if any, including payments of a survivor's benefit allowance, if any, equal to the total amount of contributions as made by such former county employe into the retirement fund, then the difference between the total of the retirement allowance payments plus the service increment, if any, including payments of a survivor's benefit allowance, if any, and the total of the amount of contributions paid into the retirement fund by such former county employe shall be paid to such person or persons as he or she shall have designated in writing, as filed with the board, as his or her beneficiary, or to his or her estate. ((b) amended Nov. 30, 1967, P.L.653, No.301)
Section 1715. Reinstatement and Requirements for Credit for Previous Service.--(a) No county employe shall be permitted to withdraw his or her contributions as paid into the retirement fund upon transfer from one office, department or agency to another. Any person who has ceased to be a county employe and whose contributions as paid into the retirement fund, have been refunded by the board, if such person has been reemployed by the county or county institution district and desires to be given credit for previous service as a county employe, he or she shall make payment in full of the amount refunded, with interest at the legal rate, the said interest to be computed from the date of the refund to the date of repayment. Both principal and interest shall be paid into the retirement fund at one time and in one amount, or, upon approval of the board, both principal and interest shall be consolidated into one amount and paid in twenty-four or less equal monthly installments, plus interest payment on monthly balances. Upon application to the board, an employe shall be permitted to pay the principal and interest in thirty-six or less equal monthly installments, plus interest payment on monthly balances. Full payment thereof shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowance plus a service increment, if any. Such county employe shall make monthly payments into the retirement fund in accordance with the provisions of section 1708.
If any person who hereafter becomes a county employe and thereafter ceases to be a county employe and his or her contributions as paid into the retirement fund are refunded by the board, is reemployed by the county or county institution district and he or she desires to be given credit for previous service as a county employe, he or she shall make payment in full of the amount refunded, with interest at the legal rate, the said interest to be computed from the date of refund to the date of repayment. Both principal and interest shall be paid into the retirement fund at one time and in one amount, or, upon approval of the board both principal and interest shall be consolidated into one amount and paid in twenty-four or less equal monthly installments, plus interest payments on monthly balances. Whenever the time for payment in full has been extended for an additional period of one year the principal and interest may be paid in a total of not more than thirty-six equal monthly installments. Full payment thereof shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowance plus a service increment, if any. Such county employe shall make monthly payments into the retirement fund in accordance with the provisions of section 1708. Any person who is a county employe on the effective date of this act may make payments into the retirement fund which shall cover a period of time within which such person was a county employe but was not a member of the retirement system because such membership was not compulsory.
((a) amended May 16, 1996, P.L.210, No.39)
(b) Any person who has heretofore or who hereafter ceases to be a county employe and whose contributions as paid into the retirement fund, have heretofore or shall hereafter be refunded by the board, if such person is reemployed by the county or county institution district and desires to be given credit for previous service as a county employe, he or she shall make payment in full of the amount refunded, with interest at the legal rate, the said interest to be computed from the date of the refund to the date of repayment. Both principal and interest shall be paid into the retirement fund at one time and in one amount. Upon application to the board, an employe shall be permitted to pay the principal and interest in thirty-six or less equal monthly installments, plus interest payment on monthly balances. Full payment thereof shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowance plus a service increment, if any. Such county employe shall make monthly payments into the retirement fund in accordance with the provisions of section 1708. No person reemployed as a county employe in accordance with the provisions of this subsection shall be eligible to receive a retirement allowance by reason of total and permanent physical disability, in accordance with the provisions of section 1711, unless he or she shall be in employ for a period of not less than twenty years, which said period of employment shall include credit given for previous service, as herein provided. No person who is ineligible to become a member of the retirement system shall be eligible to receive credit for previous service as a county employe, as hereinbefore provided. ((b) amended May 16, 1996, P.L.210, No.39)
(c) Any county employe who desires to be given credit for previous service in the employ of the county as an elected or appointed employe or official, where such service subsequent to the first day of January, one thousand nine hundred forty, was rendered to the county at a time when such employe or official was not a member of the county employes' retirement system, including a period of probation served immediately after initial hiring, shall make application to the board, and upon approval thereof shall pay into the retirement fund a sum equal to twice the payment which such employe would have made had such person been a member thereof and had the payments been made in accordance with the provision of this article. In addition thereto, interest at the legal rate shall be paid from the date when the said monthly payment would have been made. Both principal and interest shall be paid into the retirement fund at one time and in one amount, or, upon approval of the board, both principal and interest shall be consolidated into one amount and paid in twenty-four or less equal monthly installments, plus interest payment on monthly balances. Full payment thereof shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances. Such county employe shall make monthly payments into the retirement fund in accordance with the provisions of section 1708. ((c) amended May 16, 1996, P.L.210, No.39)
(d) Any person employed by any county correctional institution at the date such person became eligible for membership in the county employes' retirement system, who desires to be given credit for previous service in the employ of such institution when such employe was not eligible for membership, shall make application to the board, and upon approval thereof shall pay into the retirement fund a sum equal to twice the payment which such employe would have made had such person been a member thereof and had the payments been made in accordance with the provisions of this article. In addition thereto, interest at the legal rate shall be paid from the date when the said monthly payment would have been made. Both principal and interest shall be paid into the retirement fund at one time and in one amount, or upon approval of the board, both principal and interest shall be consolidated into one amount and paid in twenty-four or less equal monthly installments, plus interest payment on monthly balances. Full payment thereof shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances. Such county employe shall make monthly payment into the retirement fund in accordance with the provisions of section 1708.
(1715 amended Dec. 14, 1989, P.L.631, No.75)
Section 1716. Contribution or Retirement Allowance Not Subject to Levy, Attachment or Assignment; Suspension of Retirement Allowances; Ineligibility.--No contribution, retirement allowance or service increment shall be subject to levy, sale, execution, attachment, garnishment, or any other process whatsoever, and shall not be subject to assignment or transfer. Said retirement allowance and service increment shall be exempt from any State tax or tax of any political subdivision.
(1716 amended Dec. 10, 1970, P.L.919, No.291)
Section 1717. Counties to Which Applicable.--(1717 repealed Aug. 31, 1971, P.L.398, No.96)
Article XVIII
Fees of Salaried County Officers; Salary Board
(a) Fees of County Officers
Section 1801. Fees of Salaried County Officers to Belong to County.--All fees limited and appointed by law to be received by any county officer, either elected or appointed, or which they shall legally be authorized, required or entitled to charge or receive, shall belong to the county. Each of the said officers shall exact, collect and receive all such fees to and for the use of the county, except such taxes and fees as are levied by the Commonwealth, which shall be to and for the use of the Commonwealth. None of said officers shall receive for his own use or for any use or purpose whatever, except for the use of the proper county or for the Commonwealth, as the case may be, any fees for any official services whatsoever.
Section 1801.1. Clerk of Courts Fees.--(a) The fees to be charged and collected by the clerk of courts in counties of the second class shall be as follows:
(1) A fee of not less than fifty dollars ($50) nor more than one hundred fifty dollars ($150) for all proceedings in all misdemeanor and felony cases disposed of at any time during or after trial, including the expunging of any record.
(2) A fee of not less than thirty dollars ($30) nor more than one hundred twenty-five dollars ($125) for all proceedings in all misdemeanor and felony cases disposed of before trial, including the expunging of any record.
(3) The fees referred to in paragraphs (1) and (2) shall be set by the clerk of courts.
(4) A fee of twenty-five dollars ($25) for all proceedings in summary matters.
(5) A fee of ten dollars ($10) for all certifications.
(6) A fee of fifteen dollars ($15) for all other matters filed in the office and for all reports prepared by the clerk except that no fee shall be charged for filing township and borough audit reports or transcripts received which indicate a final disposition by the district justice.
(7) A fee of forty dollars ($40) for the filing of an appeal from a summary conviction before a district justice.
(8) A fee of forty-five dollars ($45) for an appeal from the court of common pleas to an appellate court.
(9) A fee of five cents (5¢) per dollar for the first one thousand dollars ($1,000) and two cents (2¢) per dollar for each additional one thousand dollars ($1,000) or fraction thereof for the handling of money paid into court.
(b) In counties of the second class, the clerk of courts may establish, modify or eliminate fees and charges, including the fees set forth in subsection (a). The approval of the president judge is required for the establishment of any new fees or charges or for fees which would exceed the maximum fees set forth in subsection (a). The clerk of courts shall collect such fees and charges and may establish, with the approval of the president judge, the manner in which such fees and charges shall be collected.
(c) An amount not to exceed ten per centum of the fees and charges collected by the clerk of courts under this section may, at the discretion of the clerk of courts, be deposited into a special clerk of courts computer fund established in each county of the second class. In the alternative, the clerk of courts may, with the approval of the president judge, impose and collect a surcharge on some or all of the fees and charges collected under this section; and the surcharge collected shall be deposited into the special clerk of courts computer fund. Moneys in the special fund shall be used solely for the purpose of computerizing the office of the clerk of courts.
(1801.1 added May 16, 1996, P.L.210, No.39)
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 1802. Books of Account to be Kept; Fees to be Paid to County Treasurer Monthly.--(a) Each of said officers shall keep a special account book, the form of which shall be prescribed by the controller, in which entry shall be made of all the moneys received for fees and of all moneys earned and chargeable upon the county, specifying the day and date, the title of the case, if any, for what service, and from whom received.
(b) On the first Monday of each month, each of said officers shall pay to the treasurer of the county all fees so received during the preceding month. Duplicate receipts therefor shall be taken, one of which he shall deposit with the county controller, together with a transcript, in detail, of his fee account book or books for the preceding month. He shall make oath or affirmation before the county controller that the transcript contains a true and correct list of all the fees received, earned or chargeable upon the county for services rendered in his office, either by himself, deputies or clerks, during the preceding month that said fees were severally charged and collected at regular rates, and that he has not received and is not to receive from any person or persons whatsoever, for any official services or duty, any other fees than those so entered on said transcript.
(c) It shall be the duty of the county controller to receive such returns and thereafter to audit and verify the same and to do such other matters and things as may be required in the premises, to file said receipt and transcript in the office, and to charge the county treasurer with the money for fees so paid in.
(d) Where fees are paid to one office which are for services rendered or to be rendered by another, the officer receiving the same shall specify the same on his account book and on his transcript as of the office to which they properly belong.
Section 1803. Penalty for Receiving Gratuities or Percentages.--If any of the officers included in this subdivision shall receive or stipulate to receive from any deputy or clerk or from any person or persons awarded any contract for advertising or any other contract any sum or sums of money as percentage on the salaries of said deputy or clerk or on the amounts or profits of said contract, or any sum or sums of money whatsoever as compensation for making any of the said appointments or contracts, or shall neglect to render the accounts or to pay over the money received for fees as required by this subdivision, or shall wilfully neglect to make any proper entry in the book or books required to be kept, or shall wilfully neglect to charge for any official services the fees allowed by law, or shall take to his own use any such fees, or fail to comply with any of the provisions of this subdivision, or neglect to discharge any of the duties herein imposed, the same shall be deemed a misdemeanor in office, and, in addition to the other penalties for such offenses, he shall, upon conviction thereof, refund the said sum or sums of money thus unlawfully received, and shall be deemed incapable of holding longer the said office.
Section 1804. False Swearing to County Accounts, Bills or Transcripts.--Any officer included in this subdivision or any other person who shall wilfully swear or affirm falsely as to the accuracy of any account, transcript or bill required in this subdivision, or in making any affidavit in reference thereto, shall be deemed guilty of perjury, and, upon conviction thereof, shall be liable to the punishment prescribed by law for perjury; and any person who shall procure any other person to swear or affirm falsely in verifying any such account, transcript or bill, or in making any affidavit in reference thereto, shall be deemed guilty of subornation of perjury, and, upon conviction thereof, shall be liable to the punishment prescribed by law for that offense.
Section 1805. Officers Subject to This Subdivision to be Paid Salaries.--All county officers to which this subdivision applies, whether elected by the people or appointed according to law, and their several deputies and clerks, shall be paid for their services by fixed and specific salaries, which shall be a charge upon the treasury of the county to which each shall respectively belong, to the extent, except as hereinafter provided, of the fees collected and paid in by each officer respectively, or earned, where fees are chargeable upon the county treasury, and said salaries shall be paid semi-monthly or bi-weekly during the month in which the services were rendered, at the discretion of the county commissioners. No warrant shall be drawn for the payment of any of said officer, his deputies or clerks who shall not have filed the receipt and transcript for that month provided for in this subdivision.
Section 1806. Salaries Payable from Fees.--All salaries fixed by law, except as may be otherwise provided for herein, shall be paid from the amounts paid into the county treasury from the respective offices, after ascertaining and deducting the amount due the deputies and clerks in each office. If there has not been a sum sufficient, from fees received and paid in or earned and due by the county for services rendered, to pay the full amount of the salary of any officer holding any of said offices, after deducting the amount due the deputies and clerks, such officer shall receive only such proportion of his salary as shall be equal to the aggregate of the net fees received and earned by him, as aforesaid, during his term of office during such month. If the fees in any subsequent month or months shall exceed the amount of the expense and salary aforesaid for such month, the deficit of such salary for such preceding month shall be made up from such excess.
Compiler's Note: Section 26 of Act 142 of 1976 provided that section 1806 is repealed insofar as it relates to any county office or officer any of the fees and charges of which are established by the governing authority of the unified judicial system pursuant to 42 Pa.C.S. § 1725 (relating to establishment of fees and charges).
Section 1807. Monthly Returns to be Made of Taxes and Fees Due the Commonwealth.--(a) At the same time that monthly returns are made, as required by section 1802 of this act, of the fees received by said officers to and for the use of the proper county for the preceding month, each of said officers shall make a separate return, to the Department of Revenue, of all taxes or fees collected or earned for the Commonwealth by him, if any. The amounts so returned by any of said officers, as received by him for the Commonwealth, shall be separately paid by him into the State Treasury through the Department of Revenue, quarterly, on the first Mondays of April, July, October and January, for which he shall take duplicate receipts.
(b) All commissions on the collection of any such taxes and fees for the Commonwealth shall be deemed and taken as part of the regular fees of the officer collecting the same and shall be accounted for accordingly.
Section 1808. Payment of Certain Officers.--The county solicitor, county jailor, county commissioners, county controller, county engineer, county detectives, county treasurer, interpreter of courts, district attorney and his assistants shall severally be paid bi-weekly, semi-monthly, monthly, or quarterly, at the discretion of the county commissioners. They shall be paid the full amount allowed them by law, but all fees and emoluments whatsoever that may accrue to any of them by virtue of his office shall be paid by him to the county treasurer as directed by law, and all other officers shall be paid the amounts assigned them only when the net receipts of their respective offices shall reach the amounts respectively fixed for them.
(1808 amended Nov. 27, 1968, P.L.1114, No.346)
Section 1809. Salaries in Lieu of Fees.--Except to the extent this section may be inconsistent with any other express provision of this act, the salaries fixed and provided by law for county officers shall be in lieu of all or any moneys, fees, perquisites, or mileage expenses, and other allowances received or allowed to any such officer, and all such moneys, fees, perquisites, or mileage expenses, and other allowances, not governed by the aforesaid exceptions, shall belong to the county and shall be paid into the county treasury, except where required to be paid to the Commonwealth in the manner provided by this subdivision for fees.
Section 1810. Salaries of County Officers.--The annual salaries of the following county officers shall be as follows:
The sheriff, eighteen thousand six hundred dollars ($18,600).
The prothonotary, eighteen thousand six hundred dollars ($18,600).
The recorder of deeds, eighteen thousand six hundred dollars ($18,600).
The register of wills and clerk of the orphans' court, ten thousand two hundred dollars ($10,200).
The clerk of the court, eighteen thousand six hundred dollars ($18,600).
The treasurer, eighteen thousand six hundred dollars ($18,600).
The controller, eighteen thousand six hundred dollars ($18,600).
The coroner, eighteen thousand six hundred dollars ($18,600).
The district attorney, twenty thousand four hundred dollars ($20,400).
The chairman of the county commissioners, twenty-five thousand eight hundred dollars ($25,800); the other county commissioners, twenty-two thousand two hundred dollars ($22,200), each.
Two elective jury commissioners, in counties of the second class, thirteen thousand two hundred dollars ($13,200), and jury commissioners in counties of the second class A, six thousand dollars ($6,000). (Par. amended Oct. 20, 1967, P.L.472, No.224)
(1810 amended Feb. 2, 1966, 1965 P.L.1878, No.596)
(b) Salary Board
Section 1820. Salaries and Compensation.--The salaries and compensation of county officers shall be as now or hereafter fixed by law. The salaries and compensation of all appointed officers and employes who are paid from the county treasury shall be fixed by the salary board created by this act for such purposes.
Section 1820.1. Insurance and Other Employe Benefits.--In addition to any other authorized compensation, county commissioners and other county officers and their dependents shall be eligible for inclusion in group life, health, hospitalization, medical service and accident insurance plans or employe benefits, or payments made in lieu of such benefits, paid in whole or in part by the county, provided such plans, benefits or payments are offered generally to employes of the county.
(1820.1 added Nov. 30, 2004, P.L.1439, No.186)
Section 1821. Fees.--All county officers shall continue to charge and collect the fees, mileage and emoluments of office for their own use or for the use of the county, as provided by law, and where required by law, such fees, mileage and emoluments shall be paid to the county treasurer as and when required, and if no time of so paying be fixed as to any such fees, mileage or emoluments, then on or before the tenth day of each month.
Section 1822. Salary Boards Created.--There is hereby created in the county a salary board, which shall consist of the three individual members of the board of county commissioners and the county controller. The chairman of the board of county commissioners shall be chairman of the salary board and the county controller secretary thereof. The board shall meet and organize on the first Monday of January of each year.
Section 1823. Number and Compensation of Officers, Deputies, Assistants, Clerks and Employes.--The board, subject to limitations imposed by law, shall fix the compensation of all appointed county officers, and the number and compensation of all deputies, assistants, clerks and other persons whose compensation is paid out of the county treasury, and of all court criers, tipstaves and other court employes, and of all officers, clerks, stenographers and employes appointed by the judges of any court and who are paid from the county treasury.
Section 1824. Revisions of Salary Schedules.--At each annual meeting, the board shall revise the salary schedule so far as it shall deem such action necessary. From time to time between annual meetings, whenever required by any judge, county officer or executive head of any separate board, commission or division, the number or compensation of whose deputies, assistants, clerks and employes is sought to be fixed, the board shall meet and consider and shall fix and determine the same. All salaries fixed under the provisions of this act shall be paid out of the county treasury.
Section 1825. Procedure and Action of Board.--(a) Except as herein otherwise provided, whenever the board shall consider the number or salaries of the deputies or other employes of any county officer or agency, such officer or the executive head of such agency shall sit as a member of the board, as long as any matter affecting his office or agency is under consideration and no longer.
(b) Whenever the board shall consider the number or salaries of the court criers or tipstaves or other court employes, the president judge of the court shall sit as a member of the board, as long as any matter affecting the court criers, tipstaves or employes of his court is under consideration and no longer.
(c) Whenever the board shall consider the number or salaries of the officers or employes appointed by any judge of any court, such judge shall sit as a member of the board, as long as any matter affecting any of his appointees is under consideration and no longer.
(d) Whenever the board shall consider the number or salaries of the employes of the prison board, the president judge of the court of common pleas shall sit as a member of the board, and the board so constituted shall fix the number and salaries of such employes, notwithstanding any general, local or special law to the contrary.
(e) The decisions of a majority shall govern. Each board shall keep a correct minute book of its proceedings in all cases heard and determined by it. Such minute book shall be a public record.
Article XIX
Fiscal Affairs
(a) Fiscal Policy and Systems
Section 1901. Functions of the Controller.--The controller shall have a general supervision and control of the fiscal affairs of the county and of the accounts and official acts of all officers or other persons who shall collect, receive or distribute the public moneys of the county, or who shall be charged with the management or custody thereof. He may at any time require from any of them, in writing, an account of all moneys or property which may have come into their control. He shall, immediately on the discovery of any default or delinquency, report the same to the commissioners and the court of common pleas of the county, and shall take immediate measures to secure the public moneys or property and remove the delinquent party, if in office and not removed by the commissioners.
Section 1902. Accounts of Officers.--The controller shall furnish the commissioners of the county, whenever required by them, a detailed account of any officer or other person having in his possession or under his control funds belonging to the county, and shall, during regular office hours, give information respecting any of said accounts to any taxpayer of the county demanding the same.
He shall have power and authority to require each and every county officer to make a quarterly statement with respect to moneys in his possession or control as a county officer, showing the amount of cash on hand and the amount deposited in banks, banking institutions and trust companies, together with the names of such institutions. He shall have power to examine every such account of a county officer in any bank, banking institution or trust company, to verify the accuracy of the statement of such county officer. It shall be the duty of every such bank, banking institution or trust company, its officers and agents, to furnish full information to the controller in relation to the account of such county officer. No bank, banking institution or trust company, its officers or agents, shall be subject to prosecution under other laws of this Commonwealth for disclosing any such information with respect to any account of a county officer.
Section 1903. Custody of Valuable Documents.--The controller shall have the custody of all title deeds to real estate owned by the county, and of all contracts entered into by or on behalf of the county, and of all books, documents and papers relating to its financial affairs, and of all bonds and other obligations issued by the county, when paid. Such bonds and other obligations, when so paid, shall be distinctly cancelled by the controller and carefully and regularly filed, a register of which cancellation shall be kept by him in a book to be provided for that purpose.
Section 1904. Books of Fiscal Affairs.--The controller shall keep a full and regular set of books in detail, by double entry, of all the fiscal operations of the county, embracing as many accounts, under appropriate titles, as may be necessary to show distinctly and separately all the property of the county, its receipts and expenditures, and all debts and accounts due by the county officers or others, and the amount raised from each source of revenue, and the expenditures in detail, and classified by reference to the objects thereof. He shall prescribe the form and manner of keeping the books and papers used by each of the officers of the county in connection with the fiscal affairs of the county. Where the controller prescribes a new system of accounting as to the fiscal affairs of the county offices, it shall be subject to the approval of the county commissioners.
(b) Accounts, Audits and Reports by Controller
Section 1920. Controller's Settlement of Accounts; Report to Common Pleas; Publications; Financial Report to Department of Community and Economic Development.--The controller shall, at the end of each fiscal year, complete the audit, settlement and adjustment of the accounts of all county officers. He shall, in the month of July in every year, make a report, verified by oath or affirmation, to the court of common pleas of said county, of all receipts and expenditures of the county for the preceding year, in detail, and classified by reference to the object thereof, together with a full statement of the financial conditions of the county. A concise summary of this report shall thereupon be published one time in such newspapers published in the county as the controller may direct, but the aggregate cost thereof shall not exceed four thousand dollars ($4,000) in any one year, to be paid for out of the county treasury. Such report may also be published in printed pamphlets, at the cost of the county, the number and cost of such pamphlets to be determined by the controller and the county commissioners. The controller shall also, by the first Monday of the month of July of the year after the close of the fiscal year, make an annual report to the Department of Community and Economic Development of the financial condition of the county, on forms furnished by the Secretary of Community and Economic Development, and subject to the penalties provided in section 1921 of this act for the controller refusing or neglecting to make similar reports.
(1920 amended May 12, 2010, P.L.199, No.27)
Compiler's Note: The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development. The Secretary of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and the functions were transferred to the Secretary of Community and Economic Development.
Section 1921. Penalties.--Any controller refusing or wilfully neglecting to file the report required by section 1920 of this act shall, upon conviction thereof in a summary proceeding brought at the instance of the Department of Community Affairs, be sentenced to pay a fine of five dollars ($5.00) for each day's delay beyond said sixty days and costs. All fines recovered shall be for the use of the Commonwealth.
(1921 amended Oct. 5, 1967, P.L.340, No.146)
Compiler's Note: The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
Section 1922. Audit of the Accounts of Parole and Probation Officers and of Appropriations to National Guard Units.--It shall be the duty of the controller to audit, settle and adjust the accounts of every parole and probation officer, appointed by the court pursuant to law, who shall receive from any person or persons moneys paid under any order, sentence or judgment of any court, and to report the results of such audits to the court which shall have appointed such officer. The controller shall prescribe the system of accounting to be used by the parole and probation officer, and shall likewise audit, settle and adjust the accounts of any moneys appropriated by the county to units of the National Guard.
Section 1923. Accounts and Audits of Moneys Collected for Taxing Units Within the County; Payments.--All taxes, penalties, fines and costs collected by the county treasurer and belonging to any city, borough, township, school district or institution district shall be entered and carried in the books of the county in the same manner as county moneys. It shall be audited in like manner, and when paid to the taxing district entitled thereto, as provided by law, such payments shall be made on warrants in the same manner as payments are made of county moneys.
Section 1924. Audit of Accounts of Commonwealth Moneys.--It shall also be the duty of the controller to audit, settle and adjust the accounts of the county treasurer with the State Treasury, and of each of such other officers in the county receiving money for the use of the Commonwealth, and where the county has a financial interest, as may be referred to them by the Auditor General or the Department of Revenue, and to make a separate report thereof to the court of common pleas, together with a statement of the balances due from or to such treasurer or other officer. A certified copy of such report shall be transmitted to the Auditor General or Department of Revenue, as the case may be, within ten days after the same is prepared.
Section 1925. Power of Subpoena and Attachment.--The controller shall have power to issue subpoenas to obtain the attendance of the officers whose accounts they are required to adjust, their executors and administrators, and of any person whom it may be necessary to examine as witnesses, and to compel their attendance by attachment, in like manner and to the same extent as any court of common pleas of this State may or can do in cases pending before them, and also to compel in like manner the production of all books, vouchers and papers relative to such accounts. Such subpoena and attachment shall be served and executed by the sheriff or coroner of the county, as the case may require.
Section 1926. Power to Administer Oaths.--The controller shall have power to administer oaths and affirmations to all persons brought or appearing before him, whether accountants, witnesses or otherwise, and all persons swearing or affirming falsely on such examination shall be guilty of perjury.
Section 1927. Commitment to County Jail.--If any person appearing before the controller for examination shall refuse to take oath or affirmation, or after having been sworn or affirmed shall refuse to make answer to such questions as shall be put to him by the controller touching the public accounts or the official conduct of any public officers, such persons so refusing may be committed by the controller to the county jail by warrant under his hand and seal, directed to the sheriff or any constable of the county, setting forth particularly the causes of such commitment, until he shall submit to be sworn or affirmed or to make answers to such questions or be otherwise legally discharged.
Section 1928. Witness Fees.--Witnesses attending before the controller shall receive the same allowance as is received by witnesses attending before the courts of this Commonwealth. Such allowance shall be paid out of the county treasury, and where final judgment is given against any officer whose accounts are settled by the controller, shall be included in the costs assessed against such officer.
Section 1929. Settlement of Accounts on Extraneous Proof.--If any person in possession of books, vouchers or papers relative to public accounts before the controller shall refuse to produce the same, or if any officer whose accounts are to be settled and adjusted by the controller shall refuse to attend or submit to examination, the controller shall proceed, by the examination of witnesses and other evidence, to ascertain and settle, as near as may be, the amount of public money received by such officer and its application to public purposes or otherwise.
Section 1930. Filing Reports.--The reports of the controller shall be filed among the records of the court of common pleas of the county, and from the time of such filing shall have the effect of a judgment against the real estate of the officer who shall thereby appear to be indebted either to the Commonwealth or to the county.
Section 1931. Appeals from Reports.--An appeal may be taken from such reports to the court of common pleas, either by the Commonwealth, the county or the officer. Such appeal may also be taken by ten or more taxpayers in behalf of the county, in the manner and subject to the restrictions provided by article thirty of this act.
Such appeal shall be entered by the Commonwealth within four months, and by the county and the officer within sixty days after the filing of the report. If the officer is the appellant, he shall enter into a recognizance with two sufficient sureties in double the sum found due by such report, with condition to prosecute the appeal with effect and to pay the costs and such sum of money as shall appear on the final determination of the appeal to be due from him.
Section 1932. Form of Issue on Appeals.--The court of common pleas shall direct the form in which the issues shall be entered in all appeals from the reports of the county controller. Such issues shall be tried by a jury, or may be submitted to reference and arbitration in the manner and subject to the proceedings provided by law.
Section 1933. Allowance of Counsel Fees.--When an appeal is taken from the controller's reports and such appeal results favorably to the appellants in such a manner that money is recovered for the county, the court hearing such appeal shall make an order to pay a counsel fee which it deems just and reasonable to the counsel representing such appeal, out of the funds so recovered.
Section 1934. Payment of Costs on Appeal.--(1934 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1935. Appeals to the Superior or Supreme Court.--(1935 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1936. Execution.--(1936 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1937. Fines and Forfeited Recognizances.--(1937 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1938. Repayment of Money Collected Upon Forfeited Recognizances and Satisfaction of Certain Judgment Liens Upon Real Property.--(1938 repealed Apr. 28, 1978, P.L.202, No.53)
(c) Disbursals of County Moneys
Section 1950. Claims Against County.--The controller shall scrutinize, audit and decide on all bills, claims and demands whatsoever against the county. All persons having such claims shall first present the same to the controller and, if required, make oath or affirmation before him to the correctness thereof. The controller may, if he deems it necessary, require evidence, by oath or affirmation, of the claimant and otherwise that the claim is legally due and that the supplies or services for which payment is claimed have been furnished or performed under legal authority. He may inquire or ascertain whether any officer or agent of the county is interested in the contract under which any claim may arise, or has received or is to receive any commission, consideration or gratuity relating thereto, or whether there has been any evasion of the provisions of this act by making two or more contracts for small amounts which should have been in one. If he shall find that there has been any evasion, or that any such officer or agent is so interested, he shall refuse to approve the claim. All claims which he shall find legally due, he shall certify to the commissioners.
Section 1951. Drawing Warrants.--The commissioners shall draw no warrant on the treasury for any debt, claim or demand whatsoever not audited and approved by the controller, as provided for in the foregoing section, except for the fees of jurors, witnesses, criers and tipstaves of the several courts of the county. The amount of said fees shall be ascertained by said courts and entered on the records thereof and duly certified by their respective clerks to the commissioners, being first sworn to before the controller. Said certificate shall be delivered by the commissioners to the controller for preservation as soon as the warrants are issued.
Section 1952. Warrants; Reports on Financial Condition.--All warrants drawn on the county treasury by the commissioners shall be countersigned by the controller, who shall keep a correct register thereof, noting the number, date and amount of each, the date of payment, and to whom and for what issued. The controller shall report to the commissioners monthly, or oftener if required by them, the amount of outstanding warrants registered and the amount of money in the treasury.
Section 1953. Payment of County Moneys.--The treasurer shall pay no money out of the county treasury except on warrants drawn by a majority of the commissioners and countersigned by the controller. He shall cancel all warrants, when paid, by distinctly spearing or cutting them, and shall deliver such warrants to the controller who shall also cancel the same. He shall report daily to the controller all moneys paid out by him, giving the number of the warrant and the party to whom paid.
All outstanding warrants issued before the controller enters upon the duties of his office shall be presented to him as other claims against the county.
Section 1954. Additional Clerk to Countersign Warrants.--The county controller may designate, in addition to the chief clerk, any clerk in his office to countersign warrants when properly drawn on the county treasurer, whenever, in the opinion of any such controller, it is necessary so to do for the public convenience. Warrants so countersigned by such clerk shall be honored by the county treasurer, with the same force and effect as if countersigned by the county controller or his chief clerk, during the period designated in writing to such county treasurer by the said county controller.
(d) County Treasury, County Depositories
and Investment of Moneys
(Hdg. amended Nov. 5, 1971, P.L.516, No.124)
Section 1960. Duty of Treasurer; Receipts of Money for the County.--The county treasurer shall receive all moneys due or accruing to the county. He shall keep a just and true account of all moneys received and disbursed. The books of the treasurer shall at all times during office hours be open to the inspection of the controller. He shall report daily to the controller all moneys received by him for the county, the person by whom, and on what account they were paid. The treasurer shall give his receipt for all moneys paid into the county treasury. Such receipts shall be countersigned by the controller, who shall keep an accurate record of the same.
Section 1961. Board to Select Depositories.--The commissioners, controller and treasurer of the county shall be a board for the purpose of selecting depositories for the funds of the county. For the purpose of voting at their meetings, the county commissioners shall each have one vote, the controller one vote, and the treasurer one vote. The majority of said vote present at any meeting shall be sufficient to enable the board to transact its business.
Section 1962. Meeting; Number of Depositories.--The board shall meet at the office of the county controller not later than noon of the third Wednesday after the first Monday of January following the election of the county treasurer, and thereafter as may be necessary, and shall there decide upon the number of banks and banking institutions, not less than three in number, as depositories of county funds, for such period of time as the board may determine, but not to exceed the term for which the treasurer is elected.
Section 1963. Designation and Qualification of Depositories.--At said meeting or at any subsequent meeting agreed upon, said board shall designate the depositories and the rate of interest to be paid by them to the county.
Depositories so designated shall, upon receipt of notice of their selection as a depository of county funds, furnish collateral to secure payment of deposits and interest to the county by depositing in escrow securities to be approved by the board. Such securities shall be of the kind and in the amount to be fixed by the board. Substitution of such securities may be made with the approval of the board in each case. The board may designate a branch bank of the Federal Reserve Bank of the district, located within the county, as escrow agent for the keeping of securities and to perform such functions as the board may prescribe.
The county treasurer, upon the designation of such depository or depositories, shall immediately transfer thereto all county funds to be deposited, and shall thereafter keep such deposits solely in such depository or depositories, in the name of the county. Withdrawals from such depository shall be only drawn by the treasurer upon properly authorized checks or by other commercially accepted methods for county fund transfers.
(1963 amended Dec. 13, 1982, P.L.1136, No.259)
Section 1964. Investment of Moneys.--(a) The county treasurer shall have the power, subject to subsection (b) and the hereinafter stated conditions and limitations, to invest and reinvest the moneys of the general fund and special funds as shall have accumulated beyond the ordinary needs of said various funds, and which are not authorized by law to be invested by any board, commission or county officer, consistent with sound business practice, subject, however, to the exercise of that degree of judgment, skill and care under the circumstances then prevailing which persons of prudence, discretion and intelligence, who are familiar with such matters, exercise in the management of their own affairs not in regard to speculation, but in regard to the permanent disposition of the funds, considering the probable income to be derived therefrom as well as the probable safety of their capital.
(b) A Board of Investment is hereby created. Said board shall be composed of three members, to wit: the treasurer, who shall act as a chairman of the board; the chairman of the county commissioners; and the controller. The board shall provide for an investment program, including temporary investments, subject to restrictions contained in this act, and in any other applicable statute and any rules and regulations adopted by the board. County boards, commissions or other county officers authorized to make investments under subsection (a) shall make investments in conformity with the board's investment program.
(c) Authorized types of investments for county funds shall be:
(1) United States Treasury bills.
(2) Short-term obligations of the United States Government or its agencies or instrumentalities.
(3) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions having their principal place of business in the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.
(4) Obligations of the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America, the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth, or of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.
(5) Shares of an investment company registered under the Investment Company Act of 1940, whose shares are registered under the Securities Act of 1933, provided that the only investments of that company are in the authorized investments for county funds listed in clauses (1) through (4).
(6) Certificates of deposit purchased from institutions having their principal place of business in the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured. However, for any amounts above the insured maximum, such certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and such collateral may include loans (including interest in pools of loans) secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum (20%) of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to twenty per centum (20%) of an institution's assets minus liabilities.
(7) Certificates of deposit purchased from institutions having their principal place of business outside the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that such accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum (20%) of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to twenty per centum (20%) of an institution's assets minus liabilities.
(8) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to fiduciaries investments) shall be an authorized investment for any pension or retirement fund.
(9) "Commercial paper" and "prime commercial paper" as provided for in subsection (d).
(d) As used herein "commercial paper" shall mean unsecured promissory notes issued at a discount from par by any industrial, common carrier, public utility or finance company and "prime commercial paper" shall mean notes issued by corporations whose credit has been approved by the National Credit Office, Incorporated, New York, or its successor. The treasurer shall have obtained the following prior to any commitment to purchase commercial paper:
(1) A certification or other evidence that such commercial paper is rated prime by the National Credit Office, Incorporated.
(2) A certification or other evidence that the paper proposed to be delivered is not subordinate to any other debt of the issuer.
(3) A certificate or other evidence that there is no litigation pending or threatened affecting said paper.
(4) A certificate or other evidence that the issuer is not in default as to the payment of principal and interest upon any of its outstanding obligations.
(5) A certificate or other evidence that the issuer was incorporated within the United States, is transacting business within the United States, and has assets of one billion dollars ($1,000,000,000) or more, or is a wholly owned subsidiary of a Pennsylvania corporation having assets of one billion dollars ($1,000,000,000) or more.
(6) The treasurer shall not, at any time, have invested in prime commercial paper more than an aggregate of such total sum as the board shall have prescribed.
(e) In making investments of county funds, the county treasurer (or other elected officials when authorized as provided in subsection (a)) shall have authority:
(1) To permit assets pledged as collateral under subsection (c)(3), to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), entitled "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws; establishing a standard rule for the types, amounts and valuations of assets eligible to be used as collateral for deposits of public funds; permitting assets to be pledged against deposits on a pooled basis; and authorizing the appointment of custodians to act as pledgees of assets," relating to pledges of assets to secure deposits of public funds.
(2) To combine moneys from more than one fund under county control for the purchase of a single investment, provided that each of the funds combined for the purpose shall be accounted for separately in all respects and that the earnings from the investment are separately and individually computed and recorded, and credited to the accounts from which the investment was purchased.
(3) To join with one or more other political subdivisions and municipal authorities in accordance with the act of July 12, 1972 (P.L.762, No.180), entitled "An act relating to intergovernmental cooperation," in the purchase of a single investment, provided that the requirements of clause (2) on separate accounting of individual funds and separate computation, recording and crediting of the earnings therefrom are adhered to.
(f) All income earned on any of the aforesaid investments shall inure to the benefit of the county and shall be placed in the general fund.
(1964 amended Dec. 13, 1982, P.L.1136, No.259)
(e) County Taxation, Borrowing and Transfer of Funds
Section 1970. Tax Levies.--No tax shall be levied on personal property taxable for county purposes where the rate of taxation thereon is fixed by law other than at the rate so fixed. The county commissioners shall fix, by resolution, the rate of taxation for each year. The tax levied shall be for the purpose of creating a general fund to pay expenses incurred for general county purposes, for the payment of the matters connected with roads provided for in subsection (g) of section 2901 hereof, for the payment of the matters connected with parks and related matters provided for in sections 3007 and 3035 hereof. No such tax in any county of the second class, shall in any one year exceed the rate of twenty-five mills on every dollar of the adjusted valuation: Provided, however, That the rate of taxation for payment of interest and principal on any indebtedness incurred pursuant to the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act," or any prior or subsequent act governing the incurrence of indebtedness of the county shall be unlimited. No tax for general county purposes in any county of the second class A shall in any one year exceed the rate of forty mills on every dollar of the adjusted valuation: Provided, however, That the rate of taxation for payment of interest and principal on any indebtedness incurred pursuant to the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act," or any prior or subsequent act governing the incurrence of indebtedness of the county shall be unlimited. In fixing the rate of taxation, the county commissioners if the rate is fixed in mills, shall also include in the resolution a statement expressing the rate of taxation in dollars and cents on each one hundred dollars of assessed valuation of taxable property.
(1970 amended Dec. 9, 2002, P.L.1383, No.170)
Section 1970.1. Tax Levy for Institution Districts in Second Class A Counties.--The county commissioners in counties of the second class A shall have the power to levy a tax for institution district purposes and for the payment of the obligations of the predecessor poor districts on real estate, trades, occupations and professions, in the same manner and at the same time as county taxes, annual taxes to pay the current expense of the institution district, none of which shall exceed fifteen mills on the dollar of the last adjusted assessed valuation for county purposes: Provided, That no tax shall be levied and collected on trades, occupations and professions at the same time a per capita tax on individuals is levied and collected.
(1970.1 added Dec. 30, 1974, P.L.1154, No.367)
Section 1970.2. Hotel Room Rental.--(1970.2 repealed July 9, 2008, P.L.999, No.76)
Section 1970.3. Joint Tax Collector.--(1970.3 repealed Dec. 1, 2004, P.L.1729, No.222)
Compiler's Note: Section 4 of Act 12 of 1997, which added section 1970.3, provided that section 1970.3 shall be implemented no later that July 1 of the first year following the effective date of Act 12.
Section 1971. Temporary Loans.--Whenever the funds of a county have been exhausted, the county commissioners may borrow, on the credit of the county, money in anticipation of taxes to be collected for the current fiscal year, and issue a certificate of indebtedness payable on a certain date, not exceeding one year from the date of issue.
Section 1972. Transfer of Certain Moneys into the County Fund.--The commissioners may transfer into the county fund any money placed to the credit of any city, borough or township, where the same has been paid into the county treasury upon any duplicate for taxes and has remained during a period of ten years uncalled for by the authorities of the city, borough or township to whose credit it may have been placed, and the right to said money is not at the time of such transfer a matter of litigation or dispute.
Section 1973. Transfer of Funds.--Whenever the county has available, in any special or appropriation funds other than a sinking fund, moneys for which there is no immediate use, and another special or appropriation fund has immediate and advantageous use for moneys which such fund lacks but the procedure for the securing of which has been consummated, the county commissioners shall have power, by resolution, with the approval of the controller of such county, to temporarily transfer moneys from one special or appropriation fund wherein such moneys are not at the time required to a fund where such moneys can be so advantageously used and expended. Moneys so transferred shall be returned to the fund from which borrowed as soon as sufficient moneys are accumulated in the borrowing fund from authorized sources, except in the case of moneys raised by taxation which are transferred from one budget fund to a similar fund which derives its moneys from taxation, in which cases no such transfer shall be required.
Section 1974. Banks Authorized to Receive Taxes.--The board for the selection of depositories shall have authority to designate any bank, savings bank, bank and trust company, trust company or national banking association located within the county as a deputy county tax collector, for the sole purpose, however, of receiving and receipting for county taxes paid to it at its place of business. The county tax collector shall not be held responsible for losses occasioned by the failure of any such institution, for moneys received by it as such deputy. Each such institution acting as a deputy county tax collector shall, within five days after the last day of each calendar month, transmit to the county tax collector all moneys received by it as such deputy during such preceding month. Each such payment shall be accompanied by an itemized statement showing what taxes have been paid, the dates when paid, and by whom they have been paid. Such an institution shall not be allowed any compensation or commission for acting as such deputy other than expenses actually incurred in transmitting moneys and records of payments to the county tax collector.
Every such institution, before entering upon its duties of receiving and receipting for taxes, shall post such security, in such amount as shall be determined by the board, to insure the faithful performance of its duties and the payment over of all tax moneys received by it.
Section 1975. Discount on Taxes Authorized.--(a) The county commissioners are hereby empowered to grant a discount to all taxpayers subject to the payment of county taxes upon making payment of the whole amount thereof within the discount period.
(b) The county commissioners shall have the power and authority to establish and fix the discount period and the rate of discount not less than two per centum, by resolution, and such action shall remain in force from year to year until again changed.
(1975 added Mar. 26, 1976, P.L.59, No.25)
Section 1976. Homestead Property Exclusion Procedure.--(1976 expired December 31, 2001. See Act 85 of 2000.)
(f) Budgets
Section 1980. Fiscal Year; Preparation of Annual Budget in Counties of the Second Class.--(Hdg. amended July 9, 1992, P.L.682, No.99) (a) The fiscal year of the county shall begin on the first day of January and end on the thirty-first day of December of each year. On or before the fifteenth day of November of each year the controller of each county of the second class shall transmit to the commissioners a proposed budget giving a detailed estimate of and for the legitimate purposes of the county for the next year, including interest due and to fall due on all lawful debts of the county bearing interest. Such budget, when finally adopted by the commissioners, shall be the guide to the commissioners in fixing the tax rate. Said budget shall be prepared as provided herein. ((a) amended July 9, 1992, P.L.682, No.99)
(b) The commissioners shall, at the same time the budget is adopted, fix such rate of taxation upon the valuation of the property taxable for county purposes as will raise sufficient sum to meet the said expenditures. The commissioners shall not, by contract or otherwise, increase the expenditures of the county in any year to an amount beyond the taxes assessed as aforesaid for said year.
(1980 amended Dec. 10, 1980, P.L.1159, No.211)
Section 1980.1. Fiscal Year; Preparation of Annual Budget in Counties of the Second Class A.--(a) The fiscal year of the county shall begin on the first day of January and end on the thirty-first day of December of each year. The commissioners in counties of the second class A, at least thirty days prior to adopting the budget, shall begin preparation of the proposed budget for the succeeding fiscal year.
(b) The controller shall transmit to the commissioners a comparative statement of revenues for the current and the immediately preceding fiscal year and a comparative statement of expenditures, including interest due and to fall due on all lawful interest-bearing debts of the county, for the same years.
(c) The controller's statement shall also indicate the amounts of all appropriation requests, submitted to the controller or to the commissioners and supplied by them to the controller, from the several county offices and agencies, including estimates of expenditures contemplated by the commissioners as forwarded by them to the controller.
(d) Said statements, in such form and detail as the commissioners direct, shall be prepared upon a form or forms furnished, as provided in this subdivision, by the Department of Community Affairs. With this information as a guide, the commissioners shall, within a reasonable time, begin the preparation of a proposed budget for the succeeding fiscal year.
(1980.1 added July 9, 1992, P.L.682, No.99)
Compiler's Note: The Department of Community Affairs, referred to in subsec. (d), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
Section 1980.2. Limits on Counties of the Second Class.--(a) Notwithstanding any provisions of the act of June 21, 1939 (P.L.626, No.294), referred to as the Second Class County Assessment Law, to the contrary or any contrary provision of any home rule charter or administrative code of a county of the second class, when a county of the second class makes its reassessment or revaluation at values based upon an established predetermined ratio as required by law or when a county of the second class changes its established predetermined ratio, each political subdivision, other than a school district subject to section 327 of act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, which hereafter levies its real estate taxes on that revised reassessment, revaluation or change in ratio shall for that year reduce each tax rate levied by the political subdivision, if necessary, for the purpose of having the total amount of property tax revenue for that rate received exclusively as a result of the reassessment, revaluation or change in ratio equal, in the case of any political subdivision, the total amount of property tax revenue received in the preceding year for each tax, notwithstanding the increased valuations of properties under the annual reassessment system.
(a.1) Except as set forth in subsection (h), this section shall apply to all rates of taxes levied on an assessment roll after a countywide revision as provided in subsection (a), including millage rates established by referendum.
(b) After establishing a tax rate under subsection (a), a political subdivision may, by a separate and specific vote, establish a final tax rate for the first year it levies its real estate taxes on a reassessment, revaluation or change in ratio. Each tax rate levied by the political subdivision under this subsection shall be fixed at a figure that limits total amount of property tax revenue received exclusively as a result of the reassessment, revaluation or change in ratio not to exceed one hundred five per cent of the total amount of property tax revenue received in the preceding year, notwithstanding the increased valuations of properties under the reassessment system.
(c) For the purpose of determining the total amount of revenue received exclusively as a result of the reassessment, revaluation or change in ratio for the year under subsections (a) and (b), the amount to be levied on newly constructed buildings or structures or on increased valuations based on new improvements made to existing structures shall not be considered.
(d) With the approval of the court of common pleas, upon good cause shown, any political subdivision may increase the tax rate authorized under this section.
(e) A political subdivision may adjust its calculation of the total amount of revenue to be received exclusively as a result of the reassessment, revaluation or change in ratio for the year under subsections (a) and (b) by the previous five-year average, excluding the year immediately preceding the effective date of the reassessment, revaluation or change in ratio, annual net increase or decrease in revenue resulting from final dispositions of assessment appeal.
(f) (1) To the extent that a political subdivision imposes taxes at a rate in excess of that which is required to produce revenue in accordance with subsections (a) and (b), the political subdivision, upon the filing with it, within three years of payment of the tax, of a written and verified claim for a refund of the excess taxes paid or caused to be paid by any person or corporation of this Commonwealth, shall refund the excess taxes with interest.
(2) Interest required under this section shall be paid at the same rate and in the same manner as the Commonwealth is required to pay pursuant to section 806.1(b.1) of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."
(3) For purposes of this subsection, the term "political subdivision" means a county, city, borough, incorporated town, township, home rule municipality, school district, vocational school district and county institution district.
(g) The provisions of this section shall supersede any provision in a home rule charter, county administrative code, county ordinance or rule or regulation.
(h) Notwithstanding subsection (b) or (d), the rate of any tax which was established by referendum and adjusted as provided in subsection (a) shall be subject to any subsequent increase, decrease or elimination only as provided by law.
(1980.2 amended Nov. 4, 2016, P.L.1182, No.155)
Compiler's Note: Section 2 of Act 155 of 2016, which amended section 1980.2, provided that the amendment shall apply to tax rates based on reassessments implemented after the effective date of section 2.
Section 1980.3. Effect of Appeal; Escrow; Payment under Protest.--Notwithstanding any contrary provisions of the act of June 21, 1939 (P.L.626, No.294), referred to as the Second Class County Assessment Law, any home rule charter or administrative code, the following shall apply in a second class county:
(1) An appeal taken from an assessment shall not prevent the collection of taxes based on the assessment appealed.
(2) If the assessment shall be reduced, then any overpayment of taxes shall be returned to the person or persons who paid the taxes.
(3) The appellant may protest the taxes due in writing addressed to the Board of Property Assessment.
(4) The appellant shall notify the taxing districts of any payment under protest by delivering to them a copy of the protest.
(5) The taxing districts shall segregate twenty-five per cent of the amount of the tax paid under protest in a separate account and may not expend any portion of any segregated amount unless the taxing districts petition the court, alleging that the segregated amount is unjustly withheld.
(6) The court may order the use by the taxing district of a portion of any segregated amount as the court deems reasonably free from dispute, and the remainder of the segregated amount shall be held segregated by the taxing district pending the final disposition of the appeal.
(7) Upon final disposition of the appeal, the amount of the overpayment found to be due the appellant shall be refunded to the appellant by the same taxing district.
(1980.3 added Nov. 16, 2005, P.L.382, No.71)
Section 1981. Annual Budget; Control of Expenditures.--(a) In counties of the second class the controller or in counties of the second class A the commissioners shall annually prepare a proposed budget for all funds for the next fiscal year no later than November 15 of the current fiscal year. Said budget shall reflect, as nearly as possible, the estimated revenues and expenditures of the county for the year for which the budget is prepared. It shall be unlawful to prepare and advertise notice of a proposed budget when the same is knowingly inaccurate. Where, upon any revision of the budget, it appears that the estimated expenditures in the adopted budget will be increased more than ten per cent in the aggregate over the proposed budget, it shall be presumed that the tentative budget was inaccurate, and such budget may not be legally adopted with any such increases therein unless the same is again advertised once as in the case of the proposed budget and an opportunity afforded to taxpayers to examine the same and protest such increases. Said budget shall be prepared on forms furnished as provided herein. Final action shall not be taken on the proposed budget by the county commissioners until after at least ten days public notice. The proposed budget shall be published or otherwise made available for public inspection, by all persons who may interest themselves, at least twenty days prior to the date set for the adoption of the budget. The county commissioners shall, after making such revisions and changes therein as appear advisable, adopt a budget for the next fiscal year prior to December 31 of the current fiscal year and necessary appropriation measures required to put it into effect. ((a) amended July 9, 1992, P.L.682, No.99)
(b) Within fifteen days after the adoption of the budget, the county commissioners shall file a copy of the same in the office of the Department of Community Affairs. ((b) amended Oct. 5, 1967, P.L.340, No.146)
(c) The county commissioners may at any time, by resolution, make supplemental appropriations for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not otherwise appropriated, including the proceeds of any borrowing now or hereafter authorized by law.
(d) The county commissioners shall have power to authorize the transfer, within the same fund, of any unencumbered balance or any portion thereof from one spending agency to another, but such action shall be taken only during the last nine months of the fiscal year.
(e) No work shall be hired to be done, no materials purchased, no contracts made, and no order issued for the payment of any moneys by the county commissioners, which will cause the sums appropriated to be exceeded.
Compiler's Note: The Department of Community Affairs, referred to in subsec. (b), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
Section 1982. Committee to Prepare Uniform Forms.--(a) The budget and report forms specified herein shall be prepared by a committee consisting of three representatives from the Pennsylvania State Association of County Commissioners, three representatives from the Pennsylvania State Association of County Controllers, and the Secretary of Community Affairs or his agent, who shall be a person trained in the field of municipal finance.
(b) Such representatives shall be appointed by the president of each said organization. The president of each said organization shall supply to the Department of Community Affairs the names and addresses of such representatives immediately upon their appointment. Said representatives shall serve without compensation, but they shall be reimbursed by the Commonwealth for all necessary expenses incurred in attending meetings of the committee. The committee shall meet at the call of the Secretary of Community Affairs or his agent, who shall serve as chairman of the committee.
(c) In preparing the uniform forms for both budgets and annual reports, the committee shall give careful consideration to the differing legal requirements and needs of the counties of the several classes, producing, if necessary, separate forms for certain classes of counties or groups of classes.
(d) It shall be the duty of the Secretary of Community Affairs or his agent to see to it that the forms required by this act are prepared in cooperation with said committee. Should said committee for any reason fail to furnish such cooperation, the Secretary of Community Affairs or his agent shall complete the preparation of the forms. After their preparation, he shall issue said forms and distribute them annually, as needed, to the commissioners, controller or auditors of each county.
(1982 amended Oct. 5, 1967, P.L.340, No.146)
Compiler's Note: The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development. The Secretary of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and the functions were transferred to the Secretary of Community and Economic Development.
(g) Sinking Fund Commission
Section 1990. Membership.--In the county there shall be a sinking fund commission, composed of the commissioners, the controller and treasurer.
Section 1991. Management of Sinking Funds.--The sinking fund commission shall annually apply all interest received on sinking fund deposits and all interest received on bonds held in the sinking fund and all other income, if any, from the sinking fund, for the purpose of reducing the amount of money required to be paid by the county for sinking fund purposes for the ensuing year, unless such income is necessary for the purpose of having adequate funds on hand to pay the bonds of the county as they mature and become payable. The income so applied and the amount required to be paid by the county for sinking fund purposes shall annually equal the full amount required to be paid for sinking fund purposes to the several sinking funds.
The commission shall have the power, whenever it deems it necessary and for the best interests of the several sinking funds, to sell any bonds held by it other than those of the county itself.
Section 1992. Bonds of County Held by Commission.--All bonds of the county held by the sinking fund commission shall be stamped in a conspicuous manner to show that they have been purchased for this purpose. They shall never be reissued or sold. The sinking fund commission shall not require the county to pay interest on any of its bonds held by the commission, unless the commission deems the payment thereof necessary for the purpose of having adequate funds on hand to pay the bonds of said county as they mature and become payable. All bonds of the county held by the commission shall be cancelled immediately upon their maturity.
Section 1993. Paying Off and Cancelling of County Bonds; Priority; Sale of County Bonds in Certain Cases.--In order to facilitate the extinguishment of the county debt, the county bonds purchased by the commission from time to time shall be paid off and cancelled according to the priority of their maturity. The commission may, at its discretion, withhold the purchase of such maturing county bonds until after those purchased from a later issue of county bonds shall be paid off and cancelled. In such an event, if it appears that there will not be sufficient funds in the hands of the commission to meet the payment of such earlier maturing bonds, the same shall then be sold by said commission at not less than par.
Section 1994. Investment in New County Bonds.--(1994 repealed Dec. 13, 1982, P.L.1136, No.259)
Section 1995. Investment of Sinking Fund Moneys.--The commission shall have power to make investment of county sinking funds as authorized by the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act"; and liquidate any such investment, in whole or in part, by disposing of securities or withdrawing funds on deposit. Any action taken to make or to liquidate any investment shall be made by the commission.
(1995 amended Dec. 13, 1982, P.L.1136, No.259)
(h) Sale of Revenue Bills
Section 1997. Sale of Revenue Bills Authorized; Terms and Conditions; Redeemability.--(a) The county shall have power, by ordinance or resolution, to provide for the issue and sale, during any fiscal year, of revenue bills, which bills may be issued at a discount, if purchased in advance of the due date of the taxes for such fiscal year, or at face, if purchased after the due date of such taxes. The discount allowed on such revenue bills shall not exceed five per centum, and the discounts on such bills shall vary according to the date at which the same are purchased.
(b) Such revenue bills shall be issued in multiples of ten dollars ($10) each, and shall be issued only for the fiscal year during which they are sold. The total issue of revenue bills in any fiscal year shall not exceed the amount of taxes levied or to be levied for that fiscal year, including any special taxes. Such revenue bills shall be negotiable by the holder thereof.
(c) The revenue bills issued and sold in any fiscal year shall not be redeemable by the county in money, but shall be used by the holder thereof only for the payment of taxes due the county for the year for which such revenue bills were issued, and shall be received by the collector or receiver of taxes or any other person authorized to receive payment of taxes for the county at face value in payment of any taxes for such fiscal year, or any penalties, interest or costs due thereon. Such revenue bills may be received in payment of taxes at any time, so long as they shall be credited against any taxes due the county for the year for which they were issued and sold.
Article XIX-A
Optional Assessed Value Limitations
(Art. added June 8, 2001, P.L.114, No.16)
Section 1901-A. Definitions.--The following words and phrases as used in this article shall be construed to have the following meaning:
"Base year assessed value," the assessed value upon which the real property tax is levied by the political subdivision in the year prior to the first year real property taxes are levied under a mandated county-wide reassessment.
"Homestead," shall have the same meaning as set forth in the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act."
"Mandated county-wide reassessment," the application of new assessed values resulting from a county-wide revision of assessment of real property that is completed pursuant to a court order.
"Qualified owner-occupant," a claimant as defined by the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act," who is qualified to receive a property tax rebate under the "Senior Citizens Rebate and Assistance Act."
"Tax-neutral assessed value," the assessed value calculated under section 1903-A.
"Tax-neutral ratio," the ratio computed by dividing the total assessed values for all properties in the school district in the first year after a mandated county-wide reassessment by the assessed values for all properties in the school district in the year immediately prior to a mandated county-wide reassessment.
(1901-A added June 8, 2001, P.L.114, No.16)
Section 1902-A. Optional Limitations on Assessed Value.--A county of the second class or a political subdivision located within a county of the second class may, by adopting an ordinance or resolution, utilize the tax-neutral assessed value when levying the real property tax on the homestead of a qualified owner-occupant after a mandated county-wide reassessment. For a county-wide reassessment that becomes effective in 2000, such ordinance or resolution by a political subdivision located within a county of the second class may be adopted at any time prior to June 30, 2002, and may be retroactive to no earlier than January 1, 2001. In the event that such resolution or ordinance is adopted retroactively after real property taxes are levied during 2001, the levy shall be adjusted for qualifying homesteads as if the resolution or ordinance had been adopted before real property taxes had been levied in 2001. Any overpayments of real estate taxes which arise from this adjustment shall be refunded by the political subdivision.
(1902-A amended Oct. 30, 2001, P.L.818, No.80)
Section 1903-A. Calculation of Tax-Neutral Assessed Value.--If a political subdivision has adopted an ordinance or resolution under section 1902-A, the assessed value of the homestead of a qualified owner-occupant shall not exceed the base year assessed value of the homestead multiplied by the tax-neutral ratio for the school district in which the homestead is located. The maximum assessed value calculated under this section shall apply only to the real property tax levied by the political subdivision that has adopted the ordinance or resolution.
(1903-A added June 8, 2001, P.L.114, No.16)
Section 1904-A. Duration of Tax-Neutral Assessed Value.--The tax-neutral assessed value of the homestead shall continue in effect until the earlier of:
(1) the first year the owner of the homestead fails to meet the requirements to receive a property tax rebate under the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act"; or
(2) the date of the sale or transfer of the property to a person other than the spouse of the qualified owner-occupant.
(1904-A added June 8, 2001, P.L.114, No.16)
Section 1905-A. Administration.--A county of the second class shall administer the qualification of homeowners for a tax-neutral assessed value under this act on behalf of all other political subdivisions within the county. A person who has qualified for and received a property tax rebate under the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act," shall not be required to file any additional application with the county in order to receive the tax-neutral assessed value with respect to real property taxes levied by a political subdivision adopting an ordinance or resolution under section 1902-A.
(1905-A added June 8, 2001, P.L.114, No.16)
Section 1906-A. Sharing of Information.--The Secretary of Revenue is authorized and directed to provide a county of the second class with the names and addresses of individuals residing in the county who received a property tax rebate during the last completed calendar year. The information provided by the secretary shall be confidential and shall not be used for purposes other than the administration of this act.
(1906-A amended Oct. 30, 2001, P.L.818, No.80)
Article XIX-B
Special Provisions for Assessments
(Art. added June 8, 2001, P.L.114, No.16)
Section 1901-B. Deadline for Assessment Appeals.--In the year 2001 the Board of Property Assessment Appeals and Review shall permit appeals to be taken from assessments up to and including June 1, and no later, in any county of the second class, notwithstanding any contrary provision contained in any administrative code or resolution adopted by the county. For years beginning with 2002, the final date by which appeals may be taken from assessments of properties shall be determined as provided by ordinance.
(1901-B added June 8, 2001, P.L.114, No.16)
Section 1902-B. Assessment of Signs and Sign Structures.--No sign or structure predominantly used to support or display a sign shall be assessed as real property by a county for purposes of the taxation of real property by the county or a political subdivision located within the county, or by a municipality located within the county authorized to assess real property for purposes of taxation, regardless of whether the sign or sign structure has become affixed to the real estate.
(1902-B added July 17, 2007, P.L.130, No.38)
Article XX
Contracts
Section 2001. County Commissioners to Make Contracts.--The County Commissioners may make contracts for lawful purposes and for the purposes of carrying into execution the provisions of this section and the laws of the Commonwealth.
(a) Except as provided in subsection (a.1), all contracts or purchases in excess of the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 112, shall be in writing and, except those hereinafter mentioned and except as provided by the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall not be made except with and from the lowest responsible and responsive bidder meeting specifications, after due notice in at least one newspaper of general circulation, published or circulating in the county at least two (2) times, at intervals of not less than three (3) days where daily newspapers of general circulation are employed for such publication, or in case weekly newspapers are employed, then the notice shall be published once a week for two (2) successive weeks. The first advertisement shall be published not less than ten (10) days prior to the date fixed for the opening of bids. ((a) amended Nov. 3, 2011, P.L.360, No.89)
(a.1) The requirements of this subsection need not be followed in cases of emergency, but in such cases the actual emergency shall be declared and stated by resolution of the commissioners.
(b) The acceptance of all bids shall be by the controller. They shall be opened publicly at a time and place to be designated in the notice. All the figures shall be announced publicly by the chief clerk or his designee and referred to the appropriate departments for tabulation without the presence of the commissioners. Whenever, for any reason, the bid openings shall not be held, the same business may be transacted at a subsequent meeting, the time and place of which shall have been announced at the previous meeting held for such openings. The contract shall be awarded or all bids shall be rejected within thirty (30) days of the opening of the bids, except for bids subject to 62 Pa.C.S. (relating to procurement). Thirty-day extensions of the date for the award may be made by the mutual written consent of the commissioners and any bidder who wishes to remain under consideration for award. The commissioners shall excuse from consideration any bidder not wishing to agree to a request for extension of the date for the award and shall release such bidder from any bid bond or similar bid security furnished under subsection (b.1). All contracts shall be filed with the controller or with the chief clerk, as the case may be, immediately after their execution.
(b.1) All bids shall, if required by the commissioners, be accompanied by cash, a certified check, cashier's check, bank good faith check or irrevocable letter of credit in a reasonable amount drawn upon a bank authorized to do business in the Commonwealth or by a bond with corporate surety in a reasonable amount. In the event any bidder shall, upon award of the contract to him, fail to comply with the requirements hereinafter stated as to security guaranteeing the performance of the contract, or fail or refuse to enter into a contract, or otherwise fail or refuse to render the required services, the security furnished under this subsection shall be forfeited to the county as liquidated damages, and the contract subsequently may be awarded to the next lowest bidder, who shall manifest his acceptance of such contract by giving a good faith deposit in the amount and manner set forth in this subsection on or before the third day after the award of the contract to such bidder and otherwise comply with the provisions of this section.
(b.2) The amount or price of the contract shall, in all cases whether of straight sale price, conditional sale, lease, lease purchase or otherwise, be the entire amount which the county pays to the successful bidder or his assigns, plus the value of personal property transferred from the county to the bidder or his assigns at any time during the duration of the contract, in order to obtain the services or property, or both, and shall not be construed to mean only the amount which is paid to acquire title or to receive any other particular benefit or benefits of the whole bargain. The value of personal property transferred to the bidder or his assigns upon execution of the contract shall be specified in the bid. The method of determining the value of personal property transferred to the bidder or his assigns at a time during the duration of the contract shall be specified in the bid and shall be determined using generally accepted valuation methods.
(c) The successful bidder, when a formal bid is required herein, shall be required to furnish a bond or irrevocable letter of credit or other security in an amount sufficient to the commissioners guaranteeing performance of the contract within thirty (30) days after the contract has been awarded, unless the commissioners shall prescribe a shorter period or unless the commissioners shall waive the bond requirement in the bid specification. The successful bidder for a contract which involves the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind shall furnish security as provided in section 2518. Performance security for services and contracts for labor and materials delivered on a periodic basis, including, but not limited to, food service contracts, home health services and janitorial services and supplies, may be computed on the expected average value for one or more months at the discretion of the commissioners. Upon failure to furnish any required bond within such time, the previous awards shall be void and the commissioners may award the contract to the next lowest bidder. Deliveries, performances, accomplishment and guarantees may be required in all cases of expenditures, including the exceptions herein.
(d) The contracts or purchases made by the commissioners involving an expenditure of over the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 112, which shall not require advertising or bidding as hereinbefore provided are as follows:
(1) Those for maintenance, repairs or replacements for water, electric light, or other public works: Provided, That they do not constitute new additions, extensions or enlargements of existing facilities and equipment. Security may be required by the county commissioners as in other cases of work done.
(2) Those made for improvements, repairs and maintenance of any kind made or provided by the county through its own employes. This paragraph shall not apply to construction materials used in a street improvement.
(3) Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof are desired by the county commissioners, which are patented and manufactured products or copyrighted products.
(4) Those involving any policies of insurance or surety company bonds, those made for public utility service and electricity, natural gas or telecommunication services: Provided, That, in the case of utilities not under tariffs on file with the Pennsylvania Public Utility Commission, contracts made without advertising and bidding shall be made only after receiving written or telephonic price quotations from at least three (3) qualified and responsible contractors, or in lieu of price quotations a memorandum shall be kept on file showing that fewer than three (3) qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and contain at least the date of the quotation, the name of the contractor and the contractor's representative.
(5) Those involving personal or professional services, including, but not limited to, services of members of the medical or legal profession, registered architects, engineers, certified public accountants or other personal services involving professional expertise.
(6) Those involving tangible client services provided by nonprofit agencies. For the purposes of this clause, the term "tangible client services" shall mean congregate meals, home-delivered meals, transportation and chore services provided through area agencies on aging.
(6.1) Those involving contracts entered into by nonprofit cooperative hospital service associations for hospitals and nursing homes which are part of the institutional district or which are owned by the county, operated by the county or affiliated with the county by the purchasing of or participating in contracts for materials, supplies and equipment.
(7) Those involving the purchase of milk.
(8) Those made with any public body, including, but not limited to, the sale, lease or loan of any supplies or materials to the county by a public body, provided that the price thereof shall not be in excess of that fixed by the public body. The requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) shall not apply when a county purchases cooperatively with another public body which has entered into a contract for supplies or materials. As used in this paragraph, "public body" shall mean any of the following:
(i) the Federal Government;
(ii) the Commonwealth of Pennsylvania;
(iii) any other state;
(iv) a political subdivision, local or municipal authority or other similar local entity of the Commonwealth or any other state; or
(v) an agency of the Federal Government, the Commonwealth or any other state.
(9) Those exclusively involving construction management services.
(10) Those involving computer software.
((d) amended Nov. 3, 2011, P.L.360, No.89)
(d.1) Notwithstanding the provisions of this article to the contrary, the county commissioners shall have authority to enter into contracts for equipment and services related to technology and information systems on the basis of best value procurement. Contracts under best value procurement shall be made only after the county has solicited proposals based on performance and outcome specifications developed by the county and describing at minimum the objectives to be met by the system, the tasks to be performed by the system, the users of the system, system security issues, the time frame for system implementation, potential operating technologies, compatibility with existing systems, training and maintenance and shall indicate the process by which the contract shall be awarded. Best value procurement shall not require a sealed bid process and shall permit the commissioners to negotiate the terms of the agreement with any responsive and responsible vendor.
(e) Every contract subject to this article shall comply, as applicable, with the provisions of:
(1) The act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act."
(2) The act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967."
(3) The act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law.
(4) The act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act".
(5) The act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act."
(6) 62 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39 (relating to contracts for public works) and 45 (relating to antibid-rigging).
(f) No person, consultant, firm or corporation contracting with a county for purposes of rendering personal or professional services to the county shall share with any county officer or employe, and no county officer or employe shall accept, any portion of the compensation or fees paid by the county for the contracted services provided to the county except under the following terms or conditions:
(1) Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the board of commissioners.
(2) The board of commissioners must approve the sharing of any fee or compensation for personal or professional services prior to the performance of said services.
(3) No fee or compensation for personal or professional services may be shared except for work actually performed.
(4) No shared fee or compensation for personal or professional services may be paid at a rate in excess of that commensurate for similar personal or professional services.
(g) (1) The board of commissioners may, in its sole discretion, elect to use an alternative contracting procedure to achieve the adaptive reuse of former jail facilities. If the board of commissioners elects to utilize an alternative contracting procedure, the board shall adopt a resolution that the use of an alternative contracting procedure is the most efficient, economical and timely method to secure an adaptive reuse of former jail facilities. Upon adoption of a resolution, the board of commissioners shall request written proposals from proposers for the adaptive reuse of former jail facilities under an alternative contracting method. In its request for proposals, the board shall include such terms, conditions and requirements which it deems necessary to protect the interests of the county.
(2) In reviewing and evaluating the proposals for the adaptive reuse of former jail facilities, the board of commissioners shall, in addition to compliance with the terms, conditions and requirements set forth in the request for proposals, consider the following criteria:
(i) the cost of the proposer's adaptive reuse proposal;
(ii) experience of the proposer;
(iii) preservation of the distinct architectural design and integrity of the former jail facilities;
(iv) adherence to prevailing wage laws and other work force standards;
(v) commitment to enter into voluntary contract with disadvantaged business enterprises.
After due consideration of proposals under the criteria described above, the board of commissioners may, in its discretion, select a proposal and award a contract to a responsible proposer for the adaptive reuse of former jail facilities under an alternative contracting procedure. The award of a contract for the adaptive reuse of former jail facilities need not be awarded to the lowest bidder.
(3) Any contract for the adaptive reuse for former jail facilities awarded under this subsection shall be exempt from and not be subject to sections 2517 and 2520 of this act or the act of May 1, 1913 (P.L.155, No.104), entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings."
(4) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Adaptive reuse." The alteration, renovation, remodeling, modification or reconstruction of former jail facilities for reuse as courtrooms, office space or such other facilities and uses as the board of commissioners shall from time to time deem necessary and appropriate.
"Alternative contracting procedure." A procedure under which a proposer would be responsible for all aspects or phases necessary to achieve the development of a parcel of property. Such aspects or phases of development shall include, but not necessarily be limited to, the planning, design, finance, construction and management of property. The term "alternative contracting procedure" shall be similar in all respects to the commonly understood term in the real estate development and construction industry known as a "turnkey."
"Former jail facilities." A building or group of buildings with related facilities owned by a county of the second class which are more than one hundred years old and which were previously used as jail facilities.
"Proposer." A firm, organization or company or a combination of firms, organizations or companies acting as a partnership, joint venture, consortium or similar joint relationship with sufficient knowledge, expertise and experience in the areas of architectural design, construction, financing of real estate development or construction and real estate management.
(2001 amended Nov. 30, 2004, P.L.1439, No.186)
Compiler's Note: Section 6 of Act 89 of 2011, which amended subsecs. (a) and (d), provided that Act 89 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 6.
Section 2001.1. Architects and Engineers Employed Prohibited From Bidding on Public Works; Penalty.--It shall be unlawful for any architect or engineer, in the employ of any county, and engaged in the preparation of plans, specifications or estimates, to bid or negotiate on any public work at any letting of such work by the county, except that any such architect or engineer who shall have prepared preliminary plans only shall not be prohibited from bidding or negotiating on the final contract for such work.
It shall be unlawful for the officers of any county charged with the duty of letting any public work, to award a contract to any such architect or engineer, in the employ of the county who is in any way interested in any contract for public work for the county or for any such architect or engineer to receive any remuneration or gratuity from any person interested in such contract except under the terms and conditions as provided in section 2001(f).
Any person violating any of the provisions of this section shall forfeit his office, and shall be guilty of a misdemeanor, and on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500), or to undergo imprisonment for not more than six months, or both.
(2001.1 added Dec. 10, 1980, P.L.1165, No.213)
Section 2002. Printing Contracts.--The county commissioners may, by proper resolution, require that printing firms who are desirous of presenting bids for county printing, shall be required to establish consideration as responsible bidders by all of the following:
(1) That the printing firms shall file, with the chief clerk of the county commissioners, a sworn statement to the effect that employes, in the employ of the firm or firms which are to produce the printing, are receiving the prevailing wage rate, and are working under conditions prevalent in the locality in which the work is produced.
(2) That whenever a collective bargaining agreement shall be in effect between an employer and employes who are represented by a responsible organization which is in no way influenced or controlled by the management, the agreement and its provisions shall be considered as conditions prevalent in the locality and shall be the minimum requirements for being adjudged a responsible bidder under this act.
(3) That in case any dispute arises as to what is the prevailing rate of wages for work applicable to the contract, which cannot be adjusted by the county commissioners, the matter shall be referred to the county salary board and its decision thereon shall be conclusive.
(4) The words "prevailing wage rate," as used in this act, shall be construed to mean at least the minimum wages which are received by employes of any printing firm or firms, in second class counties, as a result of collective bargaining agreements negotiated by an employer or employers with a responsible organization representing the employes. If the wage rates, so arrived at, vary in any district in such county, then any printing firm which pays wages at least equal to those provided for in any of such agreements, shall, for the purposes of this act, be deemed to be paying the prevailing wage rate.
(2002 added June 1, 1956, 1955 P.L.1996, No.669)
Section 2003. Certain Contract Provisions Prohibited.--No political subdivision or authority in a county may enter into any contract related to a redevelopment capital assistance project as provided under section 318 of the act of February 9, 1999 (P.L.1, No.1), known as the "Capital Facilities Debt Enabling Act," which contains a provision requiring that a specified percentage of a contracting party's work force be residents of a specific municipality.
(2003 added Oct. 30, 2000, P.L.616, No.85)
Compiler's Note: Section 9(1) of Act 85 of 2000 provided that the addition of section 2003 shall be retroactive to February 9, 1999.
Article XXI
Special Powers and Duties of the County
(a) Appropriations for Military Purposes
Section 2101. Appropriation of Money or Land for National Guard Armories.--(a) The board of commissioners may, either independently or in connection with any other county or with any city, town, borough or township, provide and appropriate moneys, or convey land to the Commonwealth of Pennsylvania, to assist the Armory Board of the State of Pennsylvania in the erection, wherever deemed most advantageous by the Armory Board, of armories for the use of the National Guard of Pennsylvania. The board of commissioners may acquire land for such purpose, either by purchase at tax sale, by gift, by the right of eminent domain, or otherwise.
(b) The board of commissioners may also furnish water, light or fuel, either or all, free of cost to the Commonwealth of Pennsylvania, for use in any armory of the National Guard, and may do all things necessary to accomplish such purpose.
Section 2102. Appropriation for Maintenance of National Guard.--(a) The board of commissioners may appropriate, annually, from any moneys in the county treasury not otherwise appropriated, a sum not exceeding seven hundred and fifty dollars ($750) for the support and maintenance, discipline and training of any dismounted company or similar unit of the National Guard, and a sum not to exceed fifteen hundred dollars ($1500) for the support and maintenance, discipline and training of any mounted or motorized troop or similar unit of the National Guard. Where such units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization.
(b) Any moneys so appropriated shall be paid by warrant of the commissioners, drawn to the order of the commanding officer of such company, battalion, regiment or similar organization, only when it shall be certified to the commissioners by the Adjutant General of the State that such unit or units have satisfactorily passed the annual inspection provided by law. The moneys so appropriated shall be used and expended solely and exclusively for the support and maintenance, discipline and training of the said company, battalion, regiment or similar organization, and the commanding officer shall account, by proper vouchers to the county, each year, for the expenditure of the money so appropriated, and no appropriation shall be made for any subsequent year until the expenditure of the previous year is duly and satisfactorily accounted for.
(c) The accounts of such expenditures shall be subject to the inspection of the Department of Military Affairs, and shall be audited by the controller in the manner provided by law for the audit of accounts of county moneys.
Section 2103. Appropriation to Rifle Clubs in Time of War.--(a) At any time a state of war exists, the board of commissioners may appropriate money to civilian rifle clubs, duly chartered by the National Rifle Association of the United States of America, for the maintenance and rental of rifle-ranges, the employment of competent instructors and necessary employes, and for the equipment and uniforms for the members of such clubs who volunteer for special military duty in the county or answer any call of the Governor of the Commonwealth.
(b) No moneys shall be appropriated to any such club unless practice on such rifle-range by the members of the club shall be with the United States military rifle or arms approved by the State Adjutant General.
Section 2104. Grants to Nonprofit Art Corporations.--The commissioners of each county may make grants annually, not exceeding an amount equal to one (1) mill of the real estate tax to nonprofit art corporations for the conduct of their artistic and cultural activities. For the purposes of this section nonprofit art corporation shall mean a local arts council, commission or coordinating agency, or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.
(2104 added Feb. 8, 1980, P.L.5, No.3)
(b) Burial of Deceased Service Persons
and Widows
Section 2108. Definitions.--(a) The term "deceased service person" as used in this subdivision shall mean and include:
(1) Any deceased person who, at the time of his or her death, was serving (whether or not in a combat zone) in the Army, Navy, Air Force, Marine Corps, Coast Guard, or any women's organization officially connected therewith, during any war or armed conflict in which the United States has been, is now, or shall hereafter be engaged, or who, at the time of his or her death, was serving in a zone where a campaign or state or condition of war or armed conflict then existed, in which the United States was, is, or shall be a participant. The existence of a campaign or state or condition of war or armed conflict and the participation of the United States therein, as well as the fact that the deceased person served in a zone where such campaign or state or condition of war or armed conflict existed, shall, in each case, be established by the records of the Department of Defense of the Federal Government; or
(2) Any deceased person who had so served at any time during his or her life, and whose separation from such service was honorable, whether by discharge or otherwise, or who, at the time of his or her death, was continuing in such service after the cessation of the war, armed conflict, campaign or state or condition of war during or in which he or she served; or
(3) Any deceased person who was in active service in the militia of the State of Pennsylvania under and in pursuance of any proclamation issued by the Governor during the Civil War, who was not duly mustered into the service of the United States, but was honorably discharged or relieved from such service.
(b) The term "legal residence," as used in this subdivision, shall be construed as synonymous with "domicile," and is hereby defined as actual residence, coupled with intention that it shall be permanent, or a residence presently fixed with no definite intention of changing it or of returning to a former residence at some future period. Legal residence is to be determined by abode of person and his or her intention to abandon his or her former domicile and establish a new one. The legal residence of a deceased service person shall be prima facie in the county where he or she made his or her abode at the time of his or her death.
(2108 amended Sept. 27, 1955, P.L.592, No.158)
Section 2109. Funeral Expenses of Deceased Service Persons.--(a) Any county is hereby authorized and directed to contribute the sum of seventy-five dollars ($75) and may contribute an additional sum of twenty-five dollars ($25) towards the funeral expenses of each deceased service person in the cases enumerated below, where in each case application therefor is made within one year after the date of his or her death. In the case of any deceased service person who died while in the service, application need not be made within one year after the date of his or her death, but may be made at any time thereafter. ((a) amended Dec. 29, 1971, P.L.658, No.173)
(b) Payments shall be made under the following circumstances:
(1) Where the deceased service person, at the time of his or her death, had his or her legal residence in the county, whether or not he or she died in the county and whether or not he or she was buried in the county. It is hereby declared to be the intent of the General Assembly that every deceased service person having a legal residence in this Commonwealth at the time of his or her death shall be entitled to the benefits of this section, regardless of where he or she may have died or where he or she may be buried, and that the liability therefor shall be on the county where the deceased service person shall have had his or her legal residence at the time of his or her death.
(2) Where the deceased service person died and was buried in the county, but at the time of his or her death did not have a legal residence within this Commonwealth, if the county commissioners of the county where he or she died are notified in writing by any organization of veterans that the body is unclaimed by relatives or friends and upon investigation shall find such condition to exist.
(3) Where a deceased service person has died while a member of the Pennsylvania Soldiers' and Sailors' Home at Erie, Pennsylvania, and such home incurs all funeral expenses and buries the soldier in a cemetery in the City of Erie, Pennsylvania, or the home furnishes clothing, casket and shipping case and ships the body to the county from which he was admitted to the home, the county from which he was admitted shall reimburse and pay to the Pennsylvania Soldiers' and Sailors' Home the amount of seventy-five dollars ($75), or so much thereof as was actually expended by the home.
Section 2110. Burial of Widows of Deceased Service Persons.--Upon due application and proof, the county is hereby authorized and directed to contribute the sum of seventy-five dollars ($75), and may contribute an additional sum of twenty-five dollars ($25) from the county funds towards the funeral expenses of any widow of any male deceased service person who, at the time of her death, had a legal residence in the county, whether or not she died in the county and whether or not she was buried in the county. The county shall not contribute any moneys toward the funeral expenses of any such widow of a deceased service person who had remarried after the death of such deceased service person, nor unless application for the payment of such moneys shall be made within one year after the date of the death of such widow.
(2110 amended Dec. 29, 1971, P.L.658, No.173)
Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 2110 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).
Section 2111. Payment.--(a) It shall be the duty of the county to cause a warrant to be drawn upon the treasury of the county in the sum of seventy-five dollars ($75), or one hundred dollars ($100) if the additional sum of twenty-five dollars ($25) is authorized, for each body buried in accordance with the provisions of this subdivision, to be paid out of the funds of the county, and such warrants shall be made payable to the applicant or applicants if the application shows that the funeral expenses have been paid; otherwise, to the undertaker performing the services, with notice to the applicant.
(b) Application for such contribution shall be made by the personal representative of such deceased service man or deceased service man's widow, if there be such personal representative, and if no such personal representative has qualified, then by any next of kin, individual or veterans' organization who or which assumes responsibility for the cost of burial of the body. The application shall be sustained by affidavit as to the facts.
(c) The application shall be on forms prescribed by the Department of Military Affairs, and shall set forth whether or not the funeral expenses have been paid. The application shall have attached thereto a certified copy of the death certificate, and a certificate by the undertaker who had charge of the burial of the body and to the effect that the undertaker did render such service. ((c) amended Dec. 10, 1980, P.L.1156, No.209)
(2111 amended Dec. 29, 1971, P.L.658, No.173)
Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 2111 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).
Section 2112. Notification to County Commissioners.--The coroners and all other public officers, agents and servants, and all officers, agents and servants of any county, city, township, borough, district or other municipality, or of any prison, morgue, hospital, home or other public institution, having the control or custody of the body of the deceased service person whose body is entitled to be buried under the provisions of this subdivision, shall immediately, upon the death or arrival of the body of such deceased service person, notify the county commissioners of the county wherein such death occurred or wherein such deceased service person shall have had his legal residence.
Section 2113. Markers on Graves; Memorial Certificates; Headstones.--(Hdg. amended Oct. 5, 1990, P.L.519, No.125) (a) The county commissioners of the county shall from time to time, as they consider expedient, procure appropriate markers for the graves of deceased service persons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise. Such markers shall be of cast bronze, aluminum or a suitable substitute material. ((a) amended June 11, 2008, P.L.173, No.23)
(b) The county commissioners shall procure bronze, aluminum or suitable substitute material markers from some manufacturer or manufacturers engaged in the manufacturing of the same, and in the contract for the furnishing thereof the manufacturer furnishing the bronze markers shall warrant that the same are made of the following metals and in the following proportions: copper, eighty-five per centum; tin, five per centum; zinc, five per centum; and lead, five per centum. ((b) amended June 11, 2008, P.L.173, No.23)
(c) The manufacturer shall be liable to the county to an amount equal to the sum paid to him by the county for the markers if the above proportions of metals are not contained in the markers.
(d) Nothing, except actual fraud on the part of the county commissioners, shall render them liable for any amount if it is established that the markers are not composed of the metals in the proportions above recited.
(e) No officer, trustee, association, corporation or person in control of any cemetery or a public burying ground shall have the right to question the composition of such bronze markers, or to require that any of them be chemically analyzed before being placed in the cemetery, or under any circumstances to refuse to permit the erection thereof in the cemetery or public burying ground, or to charge for making the foundations for the same more than is charged for making similar foundations of the same proportions. Any person who violates any of the provisions of this subsection shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense.
(f) The county commissioners of the county are hereby authorized and directed to place a marker upon the grave of each deceased service person and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise, who, at the time of his or her death, had his or her legal residence in the county, whether or not he or she died in the county and whether or not he or she was buried in the county, and upon the grave of each deceased service person buried in the county who, at the time of his or her death, did not have a legal residence within this Commonwealth. When such deceased service person shall have been a veteran of any war or campaign for which the Government of the United States issued discharge buttons, the markers designated for their graves shall include a facsimile of said discharge button. When such markers are upright flag holders they shall consist of cast bronze or any other weather resistant material. When such deceased service person shall have been a veteran of the Korean Conflict, the markers designated for their graves shall include a circular emblem with the words "Korea, U.S., 1950-1953" in the border thereof, and shall incorporate the insignia of the Army, Navy, Marine Corps, Air Force, and Coast Guard, in the form approved by the Veterans' Commission. In lieu of placing an upright flag holder on the grave, if the next of kin of a veteran so requests, a memorial certificate may be issued to the next-of-kin of a deceased service person who at the time of his or her death had his or her legal residence in the county, whether or not he or she died in the county and whether or not he or she was buried in the county. The memorial certificate shall indicate the deceased service person's name and designate the war or campaign in which the deceased service person served. ((f) amended June 11, 2008, P.L.173, No.23)
(g) It shall be the duty of the county commissioners of the county upon or at any time subsequent to the death of any deceased service person who, at the time of his or her death, had his or her legal residence in the county, on application as hereinafter provided, to cause a headstone or bronze memorial tablet to be placed at the head of or on the grave of each such deceased service person and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise. ((g) amended June 11, 2008, P.L.173, No.23)
(h) Each headstone shall contain his or her name and the rank and organization to which he or she belonged or in which he or she served, in letters raised or cut in at least three-sixteenths of an inch deep. The headstone shall be of either marble or granite and shall be placed or set in a concrete base at least three feet deep, or if a headstone has been provided for such grave by the United States Government, the county commissioners shall provide the concrete base therefor, or if lettering only on an existing memorial is desired by the family, the county commissioners shall provide such lettering.
(i) In the event the body of any deceased service person either cannot or will not be returned to the United States of America, it shall be the duty of the county commissioners to cause a headstone to be placed in the family plot of such deceased service person. Said headstone shall have inscribed therein: (1) the name, rank and organization of such deceased service person; (2) the name of the country, location or manner in which such person lost his or her life; and (3) the cemetery or location in which the body, if buried, was finally laid to rest. Application therefor shall in each case be made on forms prescribed by the Department of Military Affairs, and may be made by any relative of the deceased service person, or by a friend if there is no objection by the nearest relative. Each application must be approved by an organization of veterans of any war in which the United States has been, is now, or shall hereafter be engaged.
(j) The expense in each case shall be borne by the county in which the deceased service person had his or her legal residence at the time of his or her death, whether or not he or she died in the county and whether or not he or she was buried in the county. The expense shall not exceed the sum of one hundred dollars ($100) for each headstone or concrete base or lettering or bronze memorial tablet, and the county commissioners of the county, acting under this section, shall cause to be drawn a warrant on the treasury of the county for the payment of said expense in favor of the party or parties furnishing such headstone or concrete base or lettering or bronze memorial tablet. ((j) amended May 3, 1965, P.L.27, No.25)
(k) In cases of dispute concerning the legal residence of a deceased service person, the county in which a deceased service person is buried shall perform the duties hereinbefore set forth. No such payment or payments shall be made unless the application therefor shall be approved, before the commencement of the project, by the county commissioners.
(l) Any person who shall wilfully, maliciously or carelessly destroy, mutilate, remove or deface any grave marker or headstone placed or erected under the provisions of this section shall be guilty of the grade of offense in relation to the dollar amount of the theft or damage done in accordance with l8 Pa.C.S. § 3903 (relating to grading of theft offenses). ((l) amended May 13, 1988, P.L.395, No.62)
Section 2114. Burial Plots.--The county commissioners of the county are hereby authorized to purchase plots of ground in any cemetery or burial ground in the counties for the interment of deceased service persons whose bodies are entitled to be buried under the provisions of this subdivision, and to cause to be drawn a warrant upon their county treasury for the payment of the same. The purchase price of said plots of ground shall not be charged against or allotted as part of the cost of burial of such deceased service persons who may be buried in any of said plots under the provisions of this subdivision.
Section 2115. Care of Graves and Markers.--The county commissioners of the county shall at all times see that the graves and tombstones of all deceased service persons who are buried in such county receive proper and fitting care, and may employ all necessary assistance to carry out the provisions of this section. The expense of the care of such graves and tombstones shall be borne by the county where said graves are located, except where suitable care is otherwise provided. Money so appropriated may be expended directly by the county commissioners or paid over to the person, firm, association or corporation owning or controlling any cemetery or burial place in the county where any such grave is situated. The sum so paid over in any year shall not exceed, for each grave, the charge for the annual care and maintenance of like graves in the same cemetery, or if no such fixed charge is established in that cemetery, it shall not exceed the sum charged in other cemeteries in the same county for like service.
Section 2116. Proof of Service, Et Cetera.--(a) In each case where application is made for a contribution towards the funeral expenses of a deceased service person or the widow of a deceased service person or for a headstone or concrete base or lettering or bronze memorial tablet, the county commissioners shall, before expending any money therefor, require proof of the following facts:
(1) The service of the deceased service person which entitles him or his widow to the benefits of this subdivision. Such proof shall be by the production of an honorable discharge or other official record showing service during any war in which the United States is or was engaged, or by the records of the Department of Defense of the Federal Government or by copies thereof filed in the Department of Military Affairs, showing the existence of a campaign or state or condition of war, the participation of the United States therein, and the service of the deceased service person in a zone where such campaign or state or condition of war existed.
(2) The death of the deceased service person.
(3) In the case of the burial of the widow of a deceased service person, the death of such widow, and the fact that she was married to the deceased service person at the time of his death and that she has not since remarried. The proof required by clauses one and two of this subsection shall also be required in such cases.
(4) Except in cases where persons not having a legal residence within this Commonwealth are entitled to any of the benefits of this subdivision, the legal residence within the county of the deceased service person or of the widow of a deceased service person, as the case may be.
(b) Death shall in all cases be proved by death certificate where the same is procurable; otherwise, by affidavit of one or more persons personally acquainted with the deceased and the fact of his or her death, or by proof of the record of death kept by the attending physician, or by proof of the record of burial kept by the undertaker by whom he or she was buried or by the church burial association or cemetery company maintaining the graveyard, burial ground or cemetery in which he or she was buried.
(c) Where any proof required by this subdivision has been furnished to the county commissioners, no further proof of the same facts shall be required in order to obtain any other benefit under the provisions of this subdivision.
Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 2116 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).
(c) Memorial Observances
Section 2121. Appropriations to Veterans' Organizations for Expenses of Memorial Day and Veterans' Day.--(a) The board of commissioners may appropriate, annually, to each camp of the United Spanish War Veterans, and to each post of the American Legion, and to each post of the Veterans of Foreign Wars, and to each post of the American War Veterans of World War II (AMVETS), and to each detachment of the Marine Corps League, and to each Naval Association, and to each post of the Grand Army of the Republic, and to each post of the Italian American War Veterans of the United States, Incorporated, and to each post of the Disabled American Veterans of the World War, and to each organization of American Gold Star Mothers, and to each organization of ex-service men incorporated under the act of April twenty-ninth, one thousand eight hundred and seventy-four (Pamphlet Laws 73), and the supplements thereto, in the county, a sum not to exceed three hundred dollars ($300), to aid in defraying the expenses of Memorial Day and Veterans' Day.
(b) Where the Grand Army of the Republic has ceased to exist or to function, such appropriation may be made to the Sons of Union Veterans of the Civil War, Daughters of Union Veterans of the Civil War, or, in the absence of such orders, to a duly constituted organization which conducts the decorating of graves of Union Veterans of the Civil War.
(c) Such payments shall be made to defray actual expenses only. Before any payment is made the organization receiving the same shall submit verified accounts of their expenditures.
(2121 amended Oct. 9, 1967, P.L.359, No.157)
Section 2122. Flags to Decorate Graves.--(a) It shall be the duty of the governing body of the county to provide flags on each Memorial Day with which to decorate each grave of a deceased service person and each grave of other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or any organization officially connected to those forces, whose separation from service was honorable, whether by discharge or otherwise, and who are interred within the county. The flags to be used shall be standard size, colorfast and American made and shall be purchased at the expense of the county from money in the county treasury.
(b) A family member of a person whose grave is decorated with a flag by the county for the purpose of Memorial Day may take and keep the flag after the first working day after Veterans Day.
(c) The county may coordinate with local veterans' organizations to ensure that cemeteries are decorated in compliance with this section. Flags shall be furnished to the various veterans' organizations in an amount needed for the respective communities. Notwithstanding subsection (a), a cemetery may remove flags as part of the cemetery's normal course of maintenance not before the first working day after Independence Day, but prior to Veterans Day, provided that the cemetery makes the flags available to family members, veterans' organizations or other community organizations for the purpose of decorating graves in recognition of Veterans Day.
(d) Money expended by the county under this section shall be in addition to money appropriated by the county for Memorial Day purposes.
(e) Annually, the authority in charge of each cemetery is authorized to remove a flag when the flag has become unsightly or weatherworn any time on or after the first working day after Veterans Day. Prior to Veterans Day, a cemetery may request replacement flags from the county which may be used by the cemetery to replace weatherworn flags, if replacement flags are available.
(f) A cemetery may remove flag holders for annual storage upon the authorized removal of flags under subsections (c) and (e).
(g) Except as provided under this section, a person, other than a family member removing the flag from a deceased relative's grave, who removes or causes the removal of flags prior to the first working day after Independence Day shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of three hundred dollars ($300). A person who fails to pay a fine assessed under this section shall be sentenced to prison for a term not to exceed ninety days.
(h) A cemetery or an owner, employee, agent or contractor of a cemetery who removes or causes the removal of a flag, grave marker, headstone, flag holder or other memorial in good faith in the course of maintenance, repair or mitigation of damage shall not be subject to subsection (g) or section 2113(l).
(2122 amended Nov. 17, 2021, P.L.442, No.89)
Section 2123. Compilation of War Records; Director of Veterans' Affairs.--(a) The county commissioners of the county are hereby authorized and directed, at the expense of the county, to compile a record of the burial places within such county of deceased service persons. Such record, so far as practicable, shall indicate the name of each such person, the service in which he or she was engaged, the number of the regiment or company or command, the rank and period of service, the name and location of the cemetery or other place in which his or her body is interred, the location of the grave in such cemetery or other place, and the character of headstone or other marker, if any, at such grave. Such record shall be known as the Veterans' Grave Registration Record of ............. County, and shall be a public record open to inspection during business hours.
(b) The county commissioners of the county shall cause record blanks to be prepared according to forms prescribed by the Department of Military Affairs, whereby the information required for such record may be transmitted to them.
(c) Every person, firm, association or corporation, including a municipal corporation, owning or controlling any cemetery or burial place within the Commonwealth in which are interred the bodies of deceased service persons, shall file with the county commissioners of the county in which such cemetery is located, a certificate, on the record blanks provided by said county commissioners, of the facts required for such record, as far as the same are within the knowledge of such person, firm, association, corporation, or the agents thereof.
(d) The county commissioners shall cause record blanks to be distributed to such persons, firms, associations and corporations, as they deem advisable, with the request that such information be transmitted to them. Any such person, firm, association or corporation, except municipal corporations, upon receipt of such blanks or forms, who shall refuse or neglect to fill out and transmit to the county commissioners such blanks or forms within six months after receipt of same, upon conviction thereof in a summary proceeding, shall be sentenced to pay a fine of one hundred dollars ($100).
(e) For the purpose of locating the burial places of persons who have served in the military or naval service or other branches of the combative forces of the United States during any war or armed conflict in which the United States was engaged, the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars of the United States, the American Legion, the Disabled American Veterans, the American Veterans of World War II (AMVETS), the Marine Corps League, and the Italian American War Veterans of the United States, Incorporated, through their local camps, posts and branches in this Commonwealth, are authorized, without expense to the county, to collect the required data and prepare and file with the county commissioners certificates embodying the information provided for in this section. ((e) amended June 19, 1961, P.L.461, No.231)
(f) For the purpose of carrying into effect the provisions of this section, the county commissioners shall appoint a director of veterans affairs, who shall receive such compensation as the salary board may fix.
(g) It shall also be the duty of the director of veterans affairs to:
(1) Assist the county commissioners in administering the provisions of this subdivision which relate to the burial of deceased service persons and their widows and to furnishing markers and placing headstones on their graves.
(2) Assist war veterans and their families in securing their rights as such in matters relating to their person, property and care of family, under any of the laws of this Commonwealth and of the United States, and for such services the director of veterans affairs shall be entitled to his expenses incurred therein and additional compensation. Both expenses and compensation shall be subject to the approval of the salary board or the county commissioners, as the case may be.
(3) Assist the county commissioners in transmitting records of burial places of deceased service persons to the Department of Military Affairs of the Commonwealth, for the use of the Deputy Adjutant General in charge of Veteran Affairs, and otherwise assist the commissioners in cooperating with the said Deputy.
Compiler's Note: Section 9(c) of Act 173 of 1978 provided that section 2123 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(c) (relating to equality of rights based on sex).
(d) County Histories
Section 2128. County History.--The county commissioners of the county, either independently or in connection with any other municipality or municipalities within their county or any society or organization, may appropriate money for the compilation of a county war history or any general history or historical account related to the history records and government of the county, and for the publication and distribution of the same.
Section 2129. Payment to Historical Societies.--The board of commissioners may pay, out of the county funds not otherwise appropriated, a sum of money not exceeding four thousand dollars ($4000) annually to the county historical society, to assist in paying the running expenses thereof. If there is more than one such society in the county, such payment may be made only to the oldest society. Where any such society is comprised of residents of more than one county, the commissioners of said respective counties may jointly pay said sum in such proportion as they shall agree.
No such appropriation shall be renewed until vouchers have been filed with the commissioners showing that the appropriation for any prior year has been expended for the purpose herein designated.
(2129 amended May 29, 1968, P.L.133, No.71)
Section 2130. Qualification of Society.--In order to entitle any historical society to the said appropriation, the following conditions shall have been first complied with. It shall have been organized at least two years, incorporated by the proper authority, and have an active membership of one hundred or more persons, each of whom shall have paid into the treasury of said society a membership fee of at least two dollars ($2) for the support of the same. It shall hold at least two public meetings yearly, whereat papers shall be read or discussions held on historic subjects. It shall have established a museum wherein shall be deposited curios and other objects of interest, books, documents and papers relating to the history of the county or Commonwealth. It shall have adopted a constitution and code of by-laws and elected proper officers to conduct its business.
(e) Animal and Plant Husbandry
Section 2135. Appropriations to Societies for Prevention of Cruelty to Animals.--The board of commissioners may appropriate moneys toward the maintenance of any organization or society, incorporated under the laws of this Commonwealth, for the prevention of cruelty to animals and which, for a period of at least two years prior to the making of such appropriation, shall have been engaged in carrying out the purposes of its incorporation, in whole or in part, within said county.
Section 2136. Cooperative Extension Work in Agriculture and Home Economics.--The board of commissioners may make appropriations annually for agricultural and home economics extension work, in cooperation with the Pennsylvania State University, to encourage economic and social development in the county. An educational program will be conducted to include the body of scientific knowledge in agriculture, family living, and resource development and to encourage application of the same. The money so appropriated shall be expended according to rules and regulations prescribed or approved by the board of commissioners. The board of commissioners may also, where practicable and desirable, provide offices in the county court house for headquarters for such cooperative work.
(2136 amended Aug. 11, 1967, P.L.207, No.71)
Section 2137. Agricultural or Horticultural Societies.--The county commissioners are hereby authorized to make appropriations annually out of the current revenues of the county to any incorporated agricultural or horticultural society or association located within the county. The total amount of any such appropriation in any one county shall not exceed fifteen hundred dollars ($1500) in any one year. Where more than one such society or association is located in the county, the amount appropriated may be distributed and divided among said societies and associations in such proportions and such amount as the board of commissioners, in its discretion, may determine.
Section 2138. Suppression of Animal and Plant Diseases.--The board of commissioners is hereby authorized to make appropriations from county funds for the purpose of controlling and suppressing dangerous infectious disease of livestock and poultry and dangerous plant diseases and insect pests and diseases to honeybees, in cooperation with the Department of Agriculture of Pennsylvania.
For the purpose of carrying out the provisions of the section, the board of county commissioners may enter into agreements with the Pennsylvania Department of Agriculture concerning terms, rules, regulations and practices for conducting the work.
(f) Communications
Section 2143. Appropriations for Radio Broadcasting Station.--The board of commissioners of the county may appropriate annually a sum not in excess of five hundred dollars ($500) for the purpose of assisting any naval reserve unit or amateur radio league in maintaining, equipping and operating a short wave radio broadcasting station, which shall be available at all times for public use in the event of emergency or disaster.
(g) Prevention and Control of Floods
Section 2147. Prevention and Control of Floods.--(a) The board of commissioners may borrow, appropriate and expend money, and may acquire by purchase or dedication real property, or any interest therein, for the purpose of cleansing, regulating, improving and controlling rivers, streams and other bodies of water and storm water drainage systems lying within the boundaries of the county, either in whole or in part, for the prevention and control of floods. They may make contracts and expenditures for the cleansing, maintaining, regulation, improvement and control of such waters and drainage systems and for the prevention and control of floods by storage or retaining reservoirs, or otherwise, in parts of such waters beyond the limits of the county or of the Commonwealth, when, in their judgment, such expenditures may be necessary and for the benefit of the county. ((a) amended Mar. 28, 1956, 1955 P.L.1353, No.427)
(b) The commissioners may also make appropriations and expenditures for the purpose of investigating and examining or for assisting in the investigation and examination of the condition of such waters, within or without the bounds of the county or of the Commonwealth, for the purpose of facilitating the ends aforesaid.
(c) The commissioners may enter into such arrangements and agreements with the Secretary of Defense or other public authorities empowered to act in the premises under any law of the United States or of this or any other State, as may be necessary and proper for such purposes, with a view to harmonious and efficient action and proportionate contribution as nearly as may be arrived at or be practicable.
(d) In exercising the powers herein conferred, the county commissioners may, in their discretion, subject to the limitation of the Constitution, issue interest bearing bonds of the county in accordance with the provisions of the Municipal Borrowing Law.
(h) Aid to Fire Fighting Departments and Companies
Section 2152. Fire Training Schools.--The county commissioners may appropriate annually funds to lawfully organized or incorporated county or regional firemen's associations to establish, equip, maintain and operate fire training schools or centers for the purpose of giving instruction and practical training in the prevention, control and fighting of fire and related fire department emergencies to the members of paid fire departments and volunteer fire companies in any city, borough, town or township within the county.
Whenever a firemen's association is comprised of two or more counties or contemplates operation of a regional school in two or more counties, the county commissioners of each county may appropriate funds to the association.
(2152 amended July 9, 1970, P.L.460, No.159)
(i) Utilities
Section 2155. Drilling Gas Wells and Laying Gas Lines.--(a) The board of commissioners may contract for the drilling of gas wells upon any lands owned by the county for the purpose of furnishing gas for light and fuel to the county buildings and for other purposes. For that purpose, they may also contract for the laying of gas lines equipped with such modern appliances and machinery as may be necessary.
(b) All such contracts, including contracts for the building of rigs or derricks and the purchase of machinery, shall be made by the county commissioners in the manner provided for in article twenty of this act.
Section 2156. Contracts for Relocation, Change or Elevation of Railroads.--Subject to the provisions of the Public Utility Law, the board of commissioners may enter into contracts with any railroad companies whereby the said railroad companies may re-locate, change or elevate their railroads within the county in such manner as, in the judgment of the board, may be best adapted to secure the safety of lives and property and promote the interest of the county. For such purpose, the board shall have power to do all acts that may be necessary and proper to effectually carry out such contracts.
Section 2157. County May Assist Municipalities.--Upon the request of any political subdivision or subdivisions within the county, the county may assist such political subdivision in any negotiations or contest with any public utility company, and for such purpose may employ or place at the disposal of such political subdivision the legal, engineering, accounting or clerical service of the county. The county commissioners of the county may also enter their appearance as interveners or otherwise in any proceedings before the Public Utility Commission or before any court in any proceeding involving any controversy between any political subdivisions in the county and a public utility company.
(j) Law Libraries
Section 2162. Appropriations for Law Libraries.--(2162 repealed Apr. 28, 1978, P.L.202, No.53)
(k) Rewards
Section 2171. Rewards for Detection or Apprehension of Criminals.--The board of commissioners, when they deem the same expedient, may offer such reward, in addition to that authorized by law, as in their judgment the nature of the case requires, for the detection or apprehension of any person charged with or perpetrating any felony or misdemeanor, or aiding or abetting the same. Upon the conviction of such person, the county commissioners may pay such reward out of the county treasury, but in no case shall the owner of any stolen property be entitled to any of the reward for the detection or apprehension of the person guilty of the larceny. In cases of misdemeanor, the county commissioners must have the approval of the president judge of the court of common pleas of the county before offering or paying such reward.
(l) Garbage and Refuse Disposal
Section 2175. Garbage and Refuse Disposal in County Plants.--The county commissioners of the county shall have the power to operate garbage and refuse disposal plants or facilities, sanitary land fills and incinerating furnaces, and to enter into agreements or contracts with any person, corporation or political subdivision for the disposal of garbage and refuse in such facilities and sanitary land fills erected and maintained by the county, as provided in article twenty-five of this act, and to charge and receive fees for such service.
Section 2176. Garbage Disposal.--For the purpose and within the meaning of this act, the following definitions shall obtain:
"Adequate provision for drainage" means closed or covered drains leading from floors, depositories of garbage, refuse or waste into a cesspool or cesspools, sewer and treatment works.
"Adequate water supply" means a head and source of water of sufficient force, pressure and volume, when directly applied, to completely flush out and clean all floors, drains, receptacles, depositories, equipment and implements used in the conduct of a garbage disposal plant, as often as may be necessary to keep the same clean and sanitary at all times.
"Cesspool" means a hole dug below the surface of the ground adequate to dispose of all liquids emanating from a garbage disposal plant, with a device for absolutely sealing such cesspool at the top.
"Garbage" means the animal or vegetable refuse from the storage, vending, transportation, sale, preparation or use of foodstuffs, such as meats, fish, fowl, fruits or vegetables, or any other organic substance or substances subject to fermentation or decay.
"Garbage disposal plant" means any place where garbage is dumped, spread, mixed, stored, incinerated, reduced, treated, buried, or otherwise disposed of.
"Impervious material" means any material which shall make and maintain the floors, depositories of garbage and waste at all times absolutely water-tight and easily cleaned.
"Municipality" means any county, city, borough or township.
"Person" includes masculine and feminine, and any firm, copartnership, institution, association or corporation, excepting municipal and quasi-municipal corporations, and any agent, servant, assistant, employe, or representative thereof.
"Waters of the Commonwealth" means all streams and springs and all bodies of surface and of ground water, whether natural or artificial, seasonal or constant, within the boundaries of the Commonwealth.
Section 2177. License for Disposal Plant.--It shall be unlawful for any municipality or person to keep, maintain or conduct a garbage disposal plant without a plant license from the county commissioners as in this act provided. It shall also be unlawful for any municipality or person to construct a garbage disposal plant within the county until the plans and specifications therefor have been submitted to and approved by the county commissioners and a plant license has been issued by the county commissioners authorizing such municipality or persons to keep, maintain or conduct such garbage disposal plant upon its construction: Provided, however, That the provisions of this section shall not apply to a garbage disposal plant constructed by or for the use of a municipality within its boundaries.
Section 2178. Application for License.--Every municipality or person desiring to construct, keep, maintain or conduct a garbage disposal plant within the county shall file an application for such plant license with the county commissioners: Provided, however, That none of the provisions of this section shall apply to a garbage disposal plant now or hereafter constructed by or for the use of a municipality within its boundaries. The application shall be on a form prescribed, prepared and furnished by the county commissioners and, together with such other information as the county commissioners shall require, shall state:
(a) The name and address of the applicant;
(b) The name and address of the owner or owners of the property upon which applicant desires to construct, keep, maintain or conduct such garbage disposal plant;
(c) The location and locality of the property;
(d) The method to be employed in disposing of garbage;
(e) The approximate amount of garbage to be disposed of daily;
(f) The municipalities with whom the applicant has a contract for the disposal of garbage and the duration thereof.
If the application is for the construction of a garbage disposal plant, the applicant shall submit with such application the plans and specifications pertaining to such construction.
Section 2179. Issuance of License; Fee; Refusal or Revocation.--Upon receipt of an application for a plant license, the county commissioners shall cause such investigation as it shall deem necessary to be made of the location and premises where the garbage disposal plant is desired to be constructed, kept, maintained or conducted, and shall make a study of the plans and specifications pertaining to the proposed construction of any garbage disposal plant. The county commissioners shall, when satisfied that the place to be used as a garbage disposal plant is a suitable place for such purpose and is properly equipped therefor and when all the requirements of this act and the rules and regulations of the county commissioners shall be complied with, issue a plant license to the applicant, upon the payment of a license fee of one hundred dollars ($100), except when the applicant is a municipality, which shall be paid into the county treasury. A plant license issued to a municipality shall be without the payment of a fee.
All plant licenses issued by the county commissioners under this act shall expire on the first day of June next following the day on which issued, unless sooner revoked or suspended, shall be on a form prescribed by the county commissioners, shall not be transferable, shall be issued only for the premises named in the application, shall be posted in a conspicuous place on the applicant's premises, and may be renewed from year to year upon application and payment of license fee as in the procurement of an original license. Applications for renewal of plant licenses shall be mailed to license holders by the county commissioners at least thirty days before the expiration date of such licenses.
The county commissioners may refuse to grant a plant license or may suspend or revoke a license if the applicant or licensee does not meet or conform to the requirements of this act and the rules and regulations of the county commissioners authorized by this act. Before the county commissioners shall refuse to grant such a license or shall suspend or revoke a license, they shall afford the applicant or licensee an opportunity to be heard, and shall give at least five days' written notice of the hearing to the applicant or licensee by registered letter sent to the address set forth in the application.
Section 2180. Transportation License for Vehicles.--It shall be unlawful for any person to transport or cause to be transported any garbage over any public highway in the county in any vehicle unless such person has applied to and received from the county commissioners of the county, as in this act provided, a transportation license in respect of such vehicle. Such license shall be in the possession of the driver of such vehicle at all times when garbage is being transported therein and until such vehicle has been thoroughly flushed out and cleaned after transporting garbage, and shall be exhibited to any county or municipal police officer, county road caretaker, constable, deputy constable, or other peace officer, or officer invested with the powers of a peace officer, upon his request.
Section 2181. Application for Transportation License.--Every person desiring to transport garbage in any vehicle within the county shall file an application for a transportation license in respect of such vehicle with the county commissioners of the county, upon a form prescribed, prepared and supplied by the county commissioners, which, together with such other information as the county commissioners shall require, shall contain:
(a) The name and address of the applicant;
(b) The name and address of the owner of the vehicle, if the same be owned by some person other than the applicant;
(c) A description of the vehicle sufficient to identify it and to show in detail its style of construction;
(d) The locality from which the garbage is proposed to be collected;
(e) The persons and municipal and quasi-municipal corporations with whom and which the applicant has contracts for the collection of garbage;
(f) The place where and the method by which the applicant proposes to dispose of the garbage hauled and the persons with whom the applicant has contracts for the disposal of garbage.
Section 2182. Inspection by County Commissioners; Refusal or Revocation of Transportation License.--Upon receipt of an application for a transportation license in respect of any vehicle, the county commissioners shall cause to be made such inspection thereof as they shall consider necessary, and if satisfied that the vehicle is properly equipped and suitable for the purpose and that the rules and regulations of the county commissioners have been and will be complied with, shall issue a transportation license in respect of such vehicle, upon the payment of a license fee as follows:
(a) If the applicant for the transportation license is the licensee under a plant license for a garbage disposal plant situated within the county where the application for the transportation license is made, the transportation license fee shall be one dollar ($1).
(b) If the applicant for the transportation license is not the licensee under any plant license from the county, but the garbage which the applicant proposes to transport originates upon the applicant's own premises as an incident only of the prosecution of another business in which the applicant is principally engaged, the transportation license fee shall be five dollars ($5).
(c) If the applicant for a transportation license is a municipality, the transportation license shall be issued without the payment of a fee. No license, however, shall be required for a municipality to transport garbage solely within its own boundaries.
(d) In all other cases, the transportation license fee shall be ten dollars ($10).
All transportation licenses issued by the county commissioners under this act shall expire on the first day of June next following the date on which issued, unless sooner revoked or suspended, shall be in a form prescribed by the county commissioners, shall not be transferable from one person to another, shall not be transferable from one vehicle to another, except by action of the board of county commissioners, which action shall be evidenced by the issuance of a new license certificate properly describing the vehicle to which the license is transferred, after surrender of the old license certificate, and may be renewed from year to year upon application and payment of the license fee as in the procurement of an original license. Applications for renewal of transportation licenses shall be mailed to license holders by the county commissioners at least thirty days before the expiration date of such licenses.
The county commissioners may refuse to grant a transportation license or may suspend or revoke such a license if the applicant or licensee does not meet, observe or conform to the requirements of this act and the rules and regulations of the county commissioners authorized by this act. Before the county commissioners shall refuse to grant such a license or shall suspend or revoke a license, they shall afford the applicant or licensee an opportunity to be heard, and shall give at least five days' written notice of the hearing to the applicant or licensee by registered letter addressed to the applicant or licensee at the address set forth in the application.
Section 2183. Municipalities Not to Contract with Unlicensed Persons.--No municipality in the county shall enter into a contract for the collection, transportation or disposal of its garbage with any person or municipality who or which has not secured proper licenses from the county commissioners under the provisions herein. The provisions of this section shall not apply where the collection, transportation or disposal of garbage is carried on wholly within the boundaries of a municipality so contracting.
Section 2184. Unlawful Disposal; Dumping Grounds.--No municipality or person who transports garbage or who keeps, maintains or conducts a garbage disposal plant in the county shall throw, spread or deposit any garbage, offal, pomace, dead animals, decaying matter or organic waste substance of any kind in any ravine, ditch or gutter, on any street or highway, into any waters of the Commonwealth, or permit the same to remain exposed upon the surface of the ground.
No person or municipality shall use or permit his or its property or property occupied by him in the county to be used as a dumping ground or place of disposal for garbage or waste from any garbage disposal plant.
Nothing contained in this section, however, shall be construed so as to interfere with bona fide use of recognized fertilizers for legitimate agricultural purposes.
Section 2185. Suppression of Noxious Odors.--No person or municipality who keeps, maintains or conducts a garbage disposal plant in the county shall allow any noxious exhalations, odors or gases that are or may be deleterious or detrimental to public health or are vile or offensive to escape into the air, or any substance that is deleterious or detrimental to public health to accumulate upon the premises or be thrown or allowed to discharge into any street, roadway or public place, or be thrown or allowed to discharge into any stream or other waters of the Commonwealth.
Section 2186. Water Supply; Drainage; Floor Construction.--All garbage disposal plants in the county shall have an adequate water supply for the purpose of keeping the place clean and sanitary at all times. All floors shall be constructed of concrete or other impervious material, and shall have adequate provision for drainage to a cesspool, to a sewer or treatment works approved by the commissioners.
Section 2187. Examination and Inspection of Plants.--The county commissioners shall have the power to visit, examine and inspect all garbage disposal plants and all vehicles licensed under the provisions herein and all places where such vehicles are kept, stored or garaged. The county commissioners shall have free and full access to the grounds, premises and buildings of any garbage disposal plant licensed under the provisions herein and any such vehicles' storage place, and all licensees or their employes are hereby directed to give to the commissioners such means, facilities and opportunity for such visitation, examination and inspection as is hereby provided and required.
Section 2188. Existing Ordinances Saved from Repeal.--The provisions herein and the regulations made hereunder shall not be taken or deemed to repeal existing municipal ordinances, or to prevent municipalities from enacting and enforcing new ordinances for the further protection of the public health: Provided, That the provisions herein shall be considered as establishing minimum requirements and regulations, and that nothing herein contained shall be deemed to prevent municipalities from ordaining and enforcing such additional requirements, in excess of the requirements and regulations hereunder, as may be deemed necessary from time to time for the preservation of public health, and to require applications from, and to issue licenses to, such persons as may be defined by local ordinances.
Section 2189. Rules and Regulations.--The county commissioners are hereby authorized to adopt and promulgate rules and regulations which, in its judgement, are necessary for the proper administration and enforcement of this act.
Section 2190. Plant as Nuisance.--Any garbage disposal plant in the county, kept, maintained or conducted in violation of the provisions herein, is hereby declared to be a public or common nuisance.
Section 2191. Penalties.--Any person violating the provisions of this act shall, upon summary conviction before a mayor, burgess, magistrate, alderman or justice of the peace, be sentenced to pay a fine of not more than one hundred dollars ($100) and costs of prosecution for each offense, and upon the nonpayment thereof shall undergo imprisonment in the county jail for a term of not more than thirty (30) days: Provided, That any person so convicted shall have the right of appeal as in other cases of summary conviction: Provided also, That the Commonwealth shall have the right of appeal to the appropriate appellate court in all prosecutions arising out of the violation of the provisions contained herein. The fines collected hereunder, except as otherwise provided by the Constitution, shall be paid into the treasury of the county.
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 2192. Action to Abate Nuisance or Enjoin Unlicensed Plants.--At the instance of the county commissioners, an action to enjoin any nuisance defined in section 2190, or to enjoin any person or municipality from constructing, keeping, maintaining or conducting a garbage disposal plant without a license, as provided for herein, may be brought in the name of the county by the district attorney of the county where such nuisance exists, or where such person or municipality proposes to, or has constructed or proposes to, or is keeping, maintaining or conducting a garbage disposal plant without a license. Such action shall be brought and tried as an action in equity, and may be brought in the court of common pleas of the county where such nuisance exists, or where such person or municipality proposes to, or has constructed or proposes to, or is keeping, maintaining or conducting such garbage disposal plant without a license. If it is made to appear by affidavit or otherwise to the satisfaction of the court that such a nuisance exists, or that such person or municipality proposes to, or had constructed or proposes to, or is keeping, maintaining or conducting a garbage disposal plant without a license, a temporary writ of injunction shall forthwith issue restraining the defendant from conducting or permitting the continuance of such nuisance, or from constructing or keeping, maintaining or conducting such garbage disposal plant, until the conclusion of the proceedings. No bond shall be required in instituting such proceedings. If, after hearing, the court shall find such nuisance to exist, or that such person or municipality proposes to, or has constructed or proposes to, or is keeping, maintaining or conducting a garbage disposal plant without a license, it shall forthwith enter a final decree ordering such nuisance to be abated, or enjoining such person or municipality from constructing, or from keeping, maintaining or conducting such garbage disposal plant without a license. This section, insofar as it applies to the practice and procedure in actions in equity, is suspended insofar as it relates to venue by the Rules of Civil Procedure governing the Action in Equity.
Section 2193. Garbage Disposal Plants and Garbage and Incinerating Furnaces; Acquisition of Property.--The county may acquire by gift, lease, purchase or eminent domain real property within the county for the purpose of erecting thereon garbage disposal plants or facilities and sanitary land fills, and shall have power to erect, operate and maintain suitable buildings for garbage and incinerating furnaces. In every case of taking private property by eminent domain, the county shall acquire the entire title, either in fee or otherwise, held by the owner or owners of the property or of any interest therein.
(m) Smoke Control
Section 2195. Power to Regulate.--The commissioners of the county shall have the power, by resolution or ordinance, to regulate all forms of air contaminants including but not limited to the discharging from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes, or any other source of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic or radioactive substances, waste, or any other matter in such place, manner, or concentration inimical to the health, safety, or welfare of the public, business, or property within the county. Said regulations may include provisions for the payment of fees for examination of plans and issuing of permits, for inspection of fuel-burning devices, and issuing certificates of compliance with such regulations, and providing for fines and penalties, as hereinafter set forth, for the violation of any such regulation. The board of commissioners shall have discretion to determine the effective date of any resolution or ordinance promulgated by them, and in making such determination shall take into consideration the availability of fuel-burning devices suitable for burning high volatile bituminous coal smokelessly.
(2195 amended Oct. 11, 1967, P.L.436, No.199)
Section 2196. Enforcement; Inspectors and Employes; Equipment; Property and Supplies.--The board of commissioners of the county may borrow, appropriate and expend money for the purpose of effectuating the foregoing power, and may appoint inspectors and other persons for the enforcement of any such regulation, and may authorize the employment of clerks, stenographers and different assistants and fix their compensation, and authorize the acquisition of equipment, property and supplies incidental to the carrying into effect of such regulations.
Section 2197. Violation of Regulations.--(a) Summary Offense. Any person who shall violate any regulation so resolved upon or ordained shall, for each offense, upon conviction thereof in a summary proceeding before a magistrate, alderman or justice of the peace, be sentenced to pay the costs of prosecution and a fine of not less than thirty dollars ($30) nor more than three hundred dollars ($300), and, in default thereof, to undergo imprisonment of not less than ten (10) days nor more than thirty (30) days.
(b) Misdemeanors. Any person who shall violate any regulation so resolved upon or ordained, convicted of a second or subsequent offense, shall be guilty of a misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or to undergo imprisonment not exceeding one (1) year, or both, in the discretion of the court.
(c) Separate Offenses. For the purpose of this section, violations on separate days shall be considered separate offenses.
(2197 amended Mar. 4, 1970, P.L.120, No.47)
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
(n) Surplus Foods and Food Stamp Program
(Hdg. amended Dec. 1, 1965, P.L.978, No.359)
Section 2198. Appropriations for Handling, Storage and Distribution of Surplus Foods.--The board of commissioners may appropriate from county funds, or from county institution district funds, moneys for the handling, storage and distribution of surplus foods obtained either through a local, State or Federal agency.
(2198 added July 8, 1957, P.L.554, No.306)
Section 2198.1. Food Stamp Program.--The board of commissioners of any county of the second class may by resolution adopt the food stamp program. Upon adoption of the program the county shall appropriate money and shall pay, quarterly from county funds, the amounts certified to the county as being the obligations to the Department of Public Welfare for thirty percent of the amount expended by the department for administration of the food stamp program for the county during the fiscal year 1965-1966, for forty percent of the amount expended during the fiscal year 1966-1967 and for fifty percent of the amount expended during the fiscal year 1967-1968 and thereafter.
(2198.1 added Dec. 1, 1965, P.L.978, No.359)
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
(o) Museums of Fine Art or Natural History
(Hdg. added Apr. 29, 1959, P.L.279, No.35)
Section 2199. Contributions to Museums of Fine Art or Natural History.--The Board of Commissioners may appropriate from county funds moneys for the purpose of contributing toward the cost of operating, maintaining or carrying out or furthering the purposes of institutes or museums of fine art or natural history, or both, located within the county on public property, established by private grant or bequest, open to the public and not used for private or corporate profit.
(2199 added Apr. 29, 1959, P.L.279, No.35)
(p) Public Defender
(Hdg. repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.1. Establishment of Office.--(2199.1 repealed Dec. 2, 1968, P.L.1144, No.358)
(p.1) Legal Aid Services
(Hdg. added Apr. 18, 1973, P.L.20, No.8)
Section 2199.1A. Appropriations for Legal Aid Services.--The board of commissioners of a county of the second class A may appropriate moneys for payment to nonprofit legal aid associations or societies, or county bar associations, who provide legal aid services for indigent persons in civil matters.
(2199.1A added Apr. 19, 1973, P.L.20, No.8)
Section 2199.2. Appointment.--(2199.2 repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.3. Personnel of Office; Compensation.--(2199.3 repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.4. Facilities or Allowance Therefor.--(2199.4 repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.5. Duties.--(2199.5 repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.6. Relationship to Indigent Persons.--(2199.6 repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.7. Appointment of Other Attorneys by Court.--(2199.7 repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.8. Inapplicability of Another Law.--(2199.8 repealed Dec. 2, 1968, P.L.1144, No.358)
(q) Parking Facilities
(Hdg. added Oct. 20, 1967, P.L.472, No.224)
Section 2199.9. Parking Facilities.--The board of commissioners of any county may appropriate moneys from the county treasury for the purpose of purchasing, constructing, maintaining and operating as a county facility a motor vehicle parking facility, or may create a municipal authority and appropriate moneys to such authority for such purpose, and the county commissioners, or the municipal authority created for such purpose, may lease to any city, borough or township wherein the parking facility is or shall be constructed, or to a parking authority created by the city, borough or township, the land to be used for a parking facility, or a parking facility, for the use, benefit, health, safety and general welfare of the citizens of the Commonwealth.
(2199.9 added Oct. 20, 1967, P.L.472, No.224)
(r) Traffic Control Devices
(Hdg. added Oct. 11, 1967, P.L.435, No.198)
Section 2199.10. Funds for Traffic Control Devices.--The board of commissioners may contribute funds to any city, borough or township within the county for the erection and maintenance of stop and go signal lights, blinkers or other like traffic control devices.
(2199.10 added Oct. 11, 1967, P.L.435, No.198)
(s) Reservoirs and Water Resources
(Hdg. added July 20, 1968, P.L.430, No.202)
Section 2199.11. Expenditures for Dams, Reservoirs and Other Water Resources.--(a) The board of commissioners of any county of the second class A may borrow, appropriate and expend money for the construction, acquisition, operation and maintenance of dams, reservoirs and other facilities for the utilization of surface and ground water resources and all related structures, appurtenances and equipment necessary for the use of said dams and reservoirs and may acquire by purchase, gift, or the exercise of power of eminent domain, sites for the same: Provided, That the said board of commissioners shall obtain a permit from the Water and Power Resources Board whenever such permit is required by law: And provided further, That the said board of commissioners shall not acquire by the exercise of power of eminent domain the property of a public utility subject to the jurisdiction of the Pennsylvania Public Utility Commission or Federal Power Commission.
(b) The board of commissioners of any county of the second class A may enter into agreements for the regulation of withdrawals and diversions of waters from said dams and reservoirs and the sale of the same, subject to approval of State, Federal or interstate agencies which may have primary jurisdiction over water resources. Dams and reservoirs acquired or constructed by the commissioners may be for the sole purpose of water supply or in conjunction with any other purposes, except the generation of electric energy.
(c) The board of commissioners of any county of the second class A may enter into contracts or long-range cooperative programs with State, Federal, interstate and local government agencies or public utilities for the development and use of the counties' water resources.
(2199.11 added July 20, 1968, P.L.430, No.202)
(t) Appropriations for Recreation
(Hdg. added July 20, 1968, P.L.430, No.202)
Section 2199.12. Appropriations to Municipalities for Parks, Recreation Areas, etc.--The board of commissioners of any county of the second class A may appropriate from county funds moneys for grants to assist boroughs or townships within the county as well as nonprofit organizations in the purchase, acquisition, improvement, equipping or landscaping, including the planting of shrubs and shade trees, of lands, buildings and facilities, and in the case of buildings and facilities, demolition of such, for parks, recreation areas, open space projects and other such outdoor projects and for historic or museum projects. For the purposes of this section, the term "nonprofit organizations" shall mean entities which are tax exempt under section 501(a) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(a)), as amended (or any successor provision thereto); not operated for profit; and organized to:
(1) preserve or conserve open space, natural resources or natural habitats;
(2) promote outdoor recreation and the acquisition and development of facilities related thereto; or
(3) preserve sites of historical significance.
(2199.12 amended Jan. 27, 1998, P.L.1, No.1)
(u) Industrial Development and Tourist Promotion Agencies
(Hdg. added July 20, 1968, P.L.432, No.203)
Section 2199.13. Appropriations to Industrial Development Agencies.--The board of commissioners of any county of the second class A may appropriate annually such amounts as may be deemed necessary to any "industrial development agency," as defined in the act of May 31, 1956 (P.L.1911), known as the "Industrial Development Assistance Law," to assist such agencies in the financing of their operational costs for the purposes of making studies, surveys, and investigations, the compilation of data and statistics and in carrying out of planning and promotional programs.
(2199.13 added July 20, 1968, P.L.432, No.203)
Section 2199.14. Appropriations to Tourist Promotion Agencies.--(a) (1) The board of commissioners of any county of
the second class shall appropriate annually a portion of the funds derived from the excise tax on hotel room rentals to the recognized tourist promotion agency operating within the county. Such funds shall represent two-fifths (2/5) of the revenues received by the county from the excise tax levied on hotel room rentals as authorized by section 1970.2.
(2) Moneys received by the tourist promotion agency shall be limited to promotional programs designed to stimulate and increase the volume of conventions and visitors within the county.
(3) An audited report on the income and expenditures incurred by the tourist promotion agency receiving funds from the excise tax on hotel room rentals shall be made annually to the board of county commissioners.
(4) The county controller of a county of the second class may conduct audits of the funds used by a recognized tourist promotion agency received from the excise tax levied on hotel room rentals. ((a) amended Dec. 17, 1990, P.L.728, No.182)
(b) The board of commissioners of any county of the second class A may appropriate annually such amounts of money but not in excess of ten cents (10¢) for each resident of the county, as determined by the last census, which may be deemed necessary to any "tourist promotion agency," as defined in the act of April 28, 1961 (P.L.111), known as the "Tourist Promotion Law," to assist such agencies in carrying out tourist promotion activities.
(2199.14 amended Dec. 10, 1982, P.L.1079, No.252)
Compiler's Note: The act of April 28, 1961 (P.L.111, No.5), known as the "Tourist Promotion Law," referred to in this section, was repealed by the act of July 4, 2008 (P.L.621, No.50), known as the Tourist Promotion Act.
Section 2199.15. Creation of Tourist Promotion Agencies with Other Counties.--The board of commissioners of any county of the second class A may create or may join with other counties in the creation of a tourist promotion agency for the purpose of making studies, surveys and investigations and for planning and carrying out promotional programs and projects designed to stimulate and increase the volume of tourist, visitor and vacation business within such county or counties and may appropriate funds for such purpose.
(2199.15 added July 20, 1968, P.L.432, No.203)
(v) Health and Welfare Programs with the Federal Government
(Hdg. added July 20, 1968, P.L.432, No.203)
Section 2199.16. Agreements with the Federal Government for Health and Welfare Programs.--Any county of the second class A may, through the commissioners, enter into agreements with the Federal Government for any program not in conflict with an existing or hereafter established State program offered by the Federal Government for the promotion of the health or welfare of its citizens and in furtherance of said programs may comply with conditions, rules or regulations attached by the Federal Government.
Each such county may accept gifts or grants of money, property or services from any source, public or private, and may appropriate such funds as may be necessary to carry out said programs.
(2199.16 added July 20, 1968, P.L.432, No.203)
(w) Non-debt Revenue Bonds for Industrial Development Projects
(Hdg. added Feb. 10, 1970, P.L.6, No.6)
Section 2199.17. Issuance of Non-debt Revenue Bonds for Industrial Development Projects.--The board of commissioners of any county is empowered to issue non-debt revenue bonds of the county pursuant to provisions of the act of June 25, 1941 (P.L.159), known as the "Municipal Borrowing Law," and its amendments, to provide sufficient moneys for and toward the acquisition, construction, reconstruction, extension, equipping or improvement of an industrial development project or projects, consisting of any building or facility or combination or part thereof occupied or utilized by an industrial, manufacturing, or research and development enterprise now existing or hereafter acquired, including any or all buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, water rights, franchises, machinery, equipment, furnishings, landscaping, utilities, railroad spurs and sidings, wharfs, approaches and roadways necessary or desirable in connection therewith or incidental thereto, said bonds to be secured solely by the pledge of the whole or part of the fees, rents, tolls or charges derived from the ownership or operation of such facilities or for the use or services of the same.
Said industrial development project or projects financed by the issuance of non-debt revenue bonds as in this section provided may be leased by the county in whole or in part to a lessee or lessees for a period of years equal in time to the period of maturity of the bonds so issued.
Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.
The board of commissioners is further empowered to sell, lease, lend, grant, convey, transfer or pay over to any authority created pursuant to the act of August 23, 1967 (P.L.251), known as the "Industrial Development Authority Law," with or without consideration, any project or any part or parts thereof, or any interest in real or personal property or any funds available for industrial development purposes, including the proceeds of non-debt revenue bonds hereafter issued pursuant hereto, for industrial development purposes, and to assign, transfer and set over to any such authority any contracts which may have been awarded for the construction of projects not begun or, if begun, not completed.
The board of commissioners is further empowered to enter into any and all contracts or agreements with any such authority and/or with any tenant or proposed tenant of any industrial development project and to do any or all things necessary or proper to effectuate the public purpose of this section.
(2199.17 added Feb. 10, 1970, P.L.6, No.6)
(x) Insurance Liability for Errors and Omissions
(Hdg. repealed Nov. 26, 1978, P.L.1399, No.330)
Section 2199.18. Insurance to Cover Errors, Etc.--(2199.18 repealed Nov. 26, 1978, P.L.1399, No.330)
Article XXI-A
Production of Electricity
(Art. added Dec. 7, 1982, P.L.778, No.224)
Section 2101-A. Manufacture and Sale of Electric Power.--Any county of the second class may develop, transmit, utilize or distribute, to facilities owned by the county or by a municipal authority created by the county, electric power by means of a hydroelectric generating facility owned, operated and developed as a qualifying cogeneration, low-head hydroelectric generation or a small power production facility pursuant to and in accordance with the Public Utility Regulatory Policies Act of 1978 (Public Law 95-617, 16 U.S.C. §§ 796 and 824a-3). Any county of the second class owning or operating a hydroelectric generating facility may make contracts for the sale of electric power to persons engaged in the business of the manufacture or sale of electricity.
(2101-A amended Feb. 14, 1986, P.L.11, No.5)
Section 2102-A. Use and Rate Regulation.--Any county of the second class furnishing electricity pursuant to this article may regulate the use and sale of said electricity in dwellings, business places and other places in such county, and the rate to be charged for the same.
(2102-A added Dec. 7, 1982, P.L.778, No.224)
Section 2103-A. Sale of Power Developed from Hydroelectric Facilities.--By ordinance, a county of the second class may sell or lease all or part of its hydroelectric generating facilities to a purchaser for such sale price as the parties may agree upon.
(2103-A added Dec. 7, 1982, P.L.778, No.224)
Section 2104-A. Construction or Purchase of Hydroelectric Generation Facilities.--Any county of the second class may construct or purchase facilities or real estate for the purpose of developing, transmitting, utilizing or distributing electric power by hydroelectric generation. Any county of the second class may purchase a hydroelectric generating facility at such price as may be agreed upon by the county and the person, copartnership or a majority of the stockholders of a corporation that owns such facility. As used in this section the phrase "distributing electric power" means the distribution of electric power produced by hydroelectric generation to facilities owned by the county or by a municipal authority created by the county.
(2104-A amended Feb. 14, 1986, P.L.11, No.5)
Section 2105-A. Debt Limitations.--Any county of the second class which constructs or purchases a hydroelectric facility may incur debt as necessary for the construction or rehabilitation of a new or existing dam or impoundment, including acquisition of land or real estate, and aerial right-of-way amenities, and may incur debt for repairs or reconstruction to an existing or new impoundment in connection with hydroelectric power generation.
(2105-A added Dec. 7, 1982, P.L.778, No.224)
Section 2106-A. Authority Compliance.--A county of the second class desiring to construct, or purchase, or operate, or sell a hydroelectric facility, as a municipal body, may authorize an existing authority or establish a new authority to construct, operate, generate or sell the power from the authority's hydroelectric facilities under the laws of the Commonwealth authorizing the creation and jurisdiction of municipal authorities.
(2106-A amended Feb. 14, 1986, P.L.11, No.5)
ARTICLE XXII
Planning, Zoning and Traffic
(a) County and Regional Planning Commissions
Section 2201. Creation and Powers of County Planning Commissions.--(a) In the county there shall be a county planning commission and also a department of county planning. The department shall be under the supervision of the planning commission.
(b) The county planning commission shall consist of nine persons, who shall be residents of the county. In counties of the second class, four of them shall be residents of the city or cities therein, and five of them shall be residents of the boroughs and townships therein. They shall have knowledge and experience in respect to one or more of the following subjects: finance, commerce, industry, agriculture, transportation, architecture, landscape architecture, real estate, building, engineering, social welfare, civic administration and law, and at least seven of them shall not be paid county employes. ((b) amended Oct. 20, 1967, P.L.472, No.224)
(c) All of said persons shall be appointed by the county commissioners; three of them shall be designated to serve until the first day of January of the second year following the year in which they are appointed, three of them until the first day of January of the fourth year following the year in which they are appointed, and three of them until the first day of January of the sixth year following the year in which they are appointed: Provided, however, That the members of the county planning commission in office on the first day of September, one thousand nine hundred thirty-seven, shall remain in office until the end of their respective terms. Their successors shall be appointed at the expiration of their respective terms, to serve six years. An appointment to fill a casual vacancy shall be only for the unexpired portion of the term.
(d) Three members shall constitute a quorum. They may make and alter rules and regulations for their own organization and procedure consistent with the resolutions of the county commissioners and the rules of the Commonwealth.
(e) They shall serve without compensation, and shall make annually, to the county commissioners, a report of their transactions and recommendations. They may employ engineers and other persons whose salaries and wages and other necessary expenses of the commission shall be provided for, in the discretion of the county commissioners, by proper appropriation and resolution. For the purpose of defraying such costs and expenses, the county commissioners may use current tax revenue or may issue general obligation bonds in such amounts as are necessary and in such manner as provided by the act of June 25, 1941 (P.L.159), known as the "Municipal Borrowing Law." The county planning commission may also receive and expend for the purpose of its planning work, including planning work in or for cities, boroughs, townships and towns, within the county, any gifts, grants and appropriations of money from any other source, including Commonwealth, Federal or local funds, and may contract with governmental or private agencies or individuals with respect thereto. ((e) amended Aug. 6, 1963, P.L.522, No.278)
(f) The county planning commission may be given the additional powers and duties of serving as the county zoning commission and county transit and traffic commission, with all the powers and duties that have been or may be conferred upon such county commissions by other acts of Assembly. ((f) amended Dec. 15, 1955, P.L.880, No.265)
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2201 is repealed insofar as it relates to counties of the second class A.
Section 2202. Submission of Resolutions for Certain Improvements; Reports.--All resolutions of the county commissioners relating to the location of any public buildings in the county and to the location, extension, widening, enlargement, ornamentation or parking of any street, boulevard, parkway, bridge, tunnel, subway or underground road, park, playground or other public grounds, to the vacation of any highway or portion thereof, or to the making or alteration of the county plan of highways, or to any surface, underground or elevated railway, shall be furnished to the County Planning Commission.
The planning commission may make a report, or suggestion in relation thereto, if it deems the report necessary or advisable for the consideration of the said commissioners. If the report is made by the commission prior to the expiration of the said twenty days, the county commissioners may immediately proceed with the adoption of the said resolution. All such reports when delivered to the said commissioners shall be for the information of the public as well as for the commissioners, and the commissioners shall furnish to any newspaper of the county on request, for publication, a copy of any such report.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2202 is repealed insofar as it relates to counties of the second class A.
Section 2203. Appearance in Proceedings.--The County Planning Commission may appear in any proceeding with reference to the opening or vacation of any public road or highway, bridge, tunnel, subway or underground road as to which the commission has an interest under the provisions of this article, and file a report stating its view with reference thereto, and may produce testimony in connection therewith.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2203 is repealed insofar as it relates to counties of the second class A.
Section 2204. Plans of Subdivisions; Jurisdiction; Scope of Subdivisions; Regulations; Procedure; Penalties.--(a) The county planning commission shall have jurisdiction and control of the subdivision of land located within the county limits. For the purpose of this section, a subdivision shall be construed to be a division of any part, parcel or area of land by the owner or agent, either by lots or by metes and bounds, into lots or parcels, three or more in number, for the purpose of conveyance, transfer, improvement or sale, with appurtenant roads, streets, lanes, alleys and ways, dedicated or intended to be dedicated to public use or the use of purchasers or owners of lots fronting thereon. In counties of the second class all plans, plots and replots of land laid out in building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, located within the county limits, except those located within any city or borough within the said county, shall be submitted to the county planning commission and approved by it before they shall be recorded. In counties of the second class A all plans, plots and replots of land laid out in building lots, and the streets, highways, alleys or other portions of the same intended to be dedicated to public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto, located within the county limits, except those located within any city or borough or within a township having adopted by resolution or ordinance land subdivision regulations, shall be submitted to the county planning commission and approved by it before they shall be recorded. ((a) amended Oct. 20, 1967, P.L.472, No.224)
(b) It shall not be lawful to receive or record any such plan in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the County Planning Commission, if one has been created. The disapproval of any such plan by the County Planning Commission shall be deemed a refusal of the proposed dedication shown thereon. The approval of the commission shall be deemed an acceptance of the proposed dedication, but shall not impose any duty upon the county concerning maintenance or improvement of any such dedicated streets, highways, alleys or other portions of the same, until the proper authorities of the county shall have made actual appropriation of the same by entry, use or improvement. The owners and purchasers of such lots shall be conclusively presumed to have notice of public plans, maps and reports of the commission affecting such property within its jurisdiction.
(c) Any owner or agent of the owner of any land located within a subdivision who sells, transfers or agrees to sell any land by reference to or exhibition of or by other use of a plan of a subdivision before the same has been approved by the County Planning Commission shall, upon summary conviction thereof before any alderman or justice of the peace of the county, be sentenced to pay a fine of not less than fifty dollars ($50) or more than one hundred dollars ($100) and the cost of the prosecution, or undergo an imprisonment for a term of not more than thirty (30) days, for each lot or parcel transferred or sold or agreed to be sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided.
(d) The county may also enjoin such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction, in addition to the penalty herein provided.
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2204 is repealed insofar as it relates to counties of the second class A.
Section 2205. Maps of County.--The County Planning Commission may make or cause to be made and laid before the said county commissioners and, in its discretion, cause to be published, a map or maps of the county and any portion or portions thereof, including the territory extending three miles beyond the county limits, showing the highways and other public improvements hereinbefore specified and other natural or artificial features, and also locations proposed by it for any new highways or other of such improvements, or any widening, extension or relocation of the same, or any change in the county plan by it deemed advisable.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2205 is repealed insofar as it relates to counties of the second class A.
Section 2206. Recommendations to County Commissioners and Others.--It may make recommendations to the county commissioners from time to time concerning any such matters and things aforesaid for action of the county commissioners thereon and in so doing have regard for present conditions and future needs and growth of the county, and the distribution and relative location of all the principal streets and railways, waterways and all other means of public travel and business communication, as well as the distribution and relative location of public buildings, public grounds and open spaces devoted to public use, and the planning and laying out for dwelling and business purposes of private grounds brought into the market from time to time.
The County Planning Commission may make recommendations to any public authorities or any corporations or individuals in such counties with reference to the location of any buildings, structures or works to be erected or constructed by them.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2206 is repealed insofar as it relates to counties of the second class A.
Section 2207. Cooperation Between Commission and Political Subdivisions.--The County Planning Commission shall encourage the cooperation of the political subdivisions within the county in any matters whatsoever which may concern the integrity of the county plan or maps prepared by the commission as an aid toward coordination of municipal plans with the county plans, and it shall be the duty of every city, borough and township within the county, having prepared any maps or plans by a duly authorized planning commission, to file a copy thereof and any subsequent amendments thereto with the County Planning Commission within thirty days from the completion of such plan or map.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2207 is repealed insofar as it relates to counties of the second class A.
Section 2208. Local Authorities to Submit Plans to County Planning Commission.--Before the approval of a plat by any city, borough or township authority having the power of approval of plats, such authority shall transmit a copy of the proposed plat to the County Planning Commission and the commission shall make a report thereon to such local authority. Pending the receipt and consideration of such report, such local authority shall defer action thereon, but if such report is not received by the local authority within twenty days from the submission of the plat to the County Planning Commission, or within such further time as may be agreed upon by the local authorities, such local authority may proceed to final action thereon.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2208 is repealed insofar as it relates to counties of the second class A.
Section 2209. Creation of Regional Planning Commission.--(a) The councils or corresponding legislative bodies of any group of political subdivisions, independently or together with the county commissioners of the county or counties in which such group of political subdivisions is located or of any adjoining county or counties, or the council or corresponding legislative body of any political subdivision together with the county commissioners in which such political subdivision is located, or the county commissioners of any two or more adjoining counties, may cooperate in the creation of a regional planning commission for any region defined, as may be agreed upon by said cooperating councils, authorities and county commissioners, or by said cooperating county commissioners.
(b) The number and qualifications of the members of any such regional planning commission and their terms and method of appointment or removal shall be such as may be determined and agreed upon by said cooperating authorities and county commissioners. A majority of the members of the regional planning commission shall hold no other public office or position, excepting appointive membership on a municipal or other planning commission. Members of the regional planning commission shall serve without salary, but may be paid expenses incurred in the performance of duties.
(c) The proportion of the expenses of the regional planning commission to be borne respectively by the political subdivisions and counties or by the counties cooperating in the establishment and maintenance of the commission shall be such as may be determined and agreed upon by the cooperating authorities and county commissioners, and said authorities and county commissioners are hereby authorized to appropriate their respective shares of such expenses. For the purpose of defraying such costs and expenses, the county commissioners may use current tax revenue or may issue general obligation bonds in such amounts as are necessary and in such manner as provided by the act of June 25, 1941 (P.L.159), known as the "Municipal Borrowing Law." Within the amounts thus agreed upon and duly appropriated, any such regional planning commission shall have the power to appoint such employes and staff as it may deem necessary for its work, and contract with planners and other consultants for such services as it may require. The regional planning commission may also receive and expend for the purposes of its planning work, including planning work in or for counties, cities, boroughs, townships and towns, within the region any gifts, grants and appropriations of money from any other source, including Commonwealth, Federal, county or local funds, and may contract with governmental or private agencies or individuals with respect thereto. ((c) amended Aug. 6, 1963, P.L.522, No.278)
(d) The regional planning commission shall elect its chairman, who shall hold no other public office or position except that he may be a member of a municipal or other planning commission. The term of the chairman shall be one year, with eligibility for reelection. The commission may create and fill such other offices as it may determine. It shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record.
(e) The county commissioners or other county official, or the chief executive officer or body of any political subdivision, may, from time to time, upon the request of the commission, and for the purpose of special surveys, assign or detail to the commission any officers or employes of the county or political subdivision to make for the commission special surveys or studies requested by the commission.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2209 is repealed insofar as it relates to counties of the second class A.
Section 2210. Regional Planning Commission to Make Master Plan.--It shall be the function and duty of the regional planning commission to make a master plan and such surveys and studies as may be essential thereto for the physical development of the region as created in accordance with the provisions of the preceding section. Such master plan shall include all the elements of physical development that may be locally important and desirable.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2210 is repealed insofar as it relates to counties of the second class A.
Section 2211. Delegated Powers of Regional Planning Commission.--The council or corresponding legislative bodies of any political subdivision and the county commissioners of any county so cooperating may delegate to the regional planning commission, by ordinance or resolution, any or all of the powers and duties of the planning commission of such political subdivision with respect to the territory of the political subdivision so enacting or resolving, and in case of a county any and all of the powers and duties of a county planning commission for the territory of the county so resolving.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2211 is repealed insofar as it relates to counties of the second class A.
(b) County Zoning
Section 2220. Grant of Power.--The board of county commissioners of the county is hereby empowered, in accordance with the conditions and procedure specified in the subsequent sections of this subdivision, by ordinance, to regulate in any portion or portions of such county which lie outside of cities, boroughs and townships of the first class the location, height, bulk and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards, courts and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, water supply, conservation, soil conservation, forestry, or other purposes.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2220 is repealed insofar as it relates to counties of the second class A.
Section 2221. Zoning Commission.--(a) In order to avail itself of the powers conferred by this subdivision, the board of county commissioners shall appoint a permanent commission of three, five or seven members, which shall be known as the county zoning commission.
Any individual, whether in private or ex-officio capacity, may be appointed to serve on such commission, and the majority of the members thereof shall be individuals who do not hold elective public office. The boards of county commissioners of two or more counties may arrange or provide for a joint or common commission, and for the purposes of this subdivision any such joint or common zoning commission shall be deemed the zoning commission of each of such counties. The board of county commissioners shall provide for reimbursement of the members of the zoning commission for actual expenses incurred, and shall provide for the filling of vacancies in the membership of such commission, and for the removal of a member for non-performance of duty or misconduct.
(b) In the county where a county planning commission has been established, the county commissioners may, in lieu of establishing a zoning commission as provided in this section, confer and impose on such planning commission the additional power and duty of serving as the county zoning commission, with all the powers and duties conferred by this subdivision upon the county zoning commission.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2221 is repealed insofar as it relates to counties of the second class A.
Section 2222. Assistance from State Agencies; Personnel.--The zoning commission is directed to make use of the expert advice and information which may be furnished by appropriate State and Federal officials, departments and agencies, particularly the Pennsylvania State Planning Board. All State officials, departments and agencies having information, maps and data pertinent to county zoning are hereby authorized and directed to make the same available for the use of the county zoning commission, as well as to furnish such other technical assistance and advice as they may have available for such purpose. The zoning commission may employ such trained personnel as the funds provided therefor may permit.
Compiler's Note: Section 1 of Reorganization Plan No.2 of 1966 provided that the functions of the State Planning Board, transferred to the Department of Commerce by Reorganization Plan No.1 of 1955, P.L.2045, are further transferred from the Department of Commerce to the Department of Community Affairs, to be administered by the Secretary of the Department of Community Affairs.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2222 is repealed insofar as it relates to counties of the second class A.
Section 2223. Preparation of Zoning Plan.--(a) It shall be the duty of the zoning commission of the county to make for certification to the board of county commissioners a zoning plan or plans, including both the full text of the zoning ordinance or ordinances and the maps, and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the use of land for trade, industry, recreation, agriculture, forestry, soil conservation, water supply, conservation, or other purposes.
(b) When the efforts of such commission shall have reached the stage of a tentative plan, the commission shall hold at least one public hearing on each tentative plan, to be separately submitted, notice of which hearings shall be published at least fifteen days before the date of the hearing in a newspaper of general circulation in the county. The notice shall contain the time and place of hearing, and shall specify the place and times at which the tentative text and maps of the zoning ordinance may be examined. For the purpose of its public hearing or hearings, the commission shall have power to summon witnesses, administer oaths and compel the giving of testimony.
(c) Before finally adopting and certifying any zoning plan, the zoning commission shall submit its tentative plan to the State Planning Board for advice and recommendations. The approval of the State Planning Board shall be presumed unless the State Planning Board shall, within forty-five days after such submission, present its advices and criticisms in respect to such zoning plan.
(d) In the event that after such public hearing or hearings and after such submission to the State Planning Board the zoning commission, in the light of the developments at such hearing or hearings or the advices and recommendations of the State Planning Board, makes changes in its said tentative plan, there shall be no requirement of any hearing upon such changes or any submission of such changes to the State Planning Board.
Compiler's Note: Section 1 of Reorganization Plan No.2 of 1966 provided that the functions of the State Planning Board, transferred to the Department of Commerce by Reorganization Plan No.1 of 1955, P.L.2045, are further transferred from the Department of Commerce to the Department of Community Affairs, to be administered by the Secretary of the Department of Community Affairs.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2223 is repealed insofar as it relates to counties of the second class A.
Section 2224. Zoning Ordinance.--From and after the time when a zoning commission of the county, in accordance with the procedure herein specified, makes, adopts and certifies to the county commissioners each zoning plan, including both the full text of a zoning ordinance and the maps, then the county commissioners may, by ordinance, exercise the powers hereinbefore granted to it in this subdivision, and for the purpose of such exercise, the county commissioners may divide the territory of the county which lies outside of municipalities which now have and enforce zoning ordinances into districts or zones of such number, shape or area as it may determine. Within such districts or any of them, they may regulate the erection, construction, reconstruction, alteration and uses of buildings and structures and the uses of land, and may require and provide for the issuance of building permits as a condition precedent to the right to erect, construct, reconstruct or alter any building or structure within any district covered by such zoning ordinance. All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in one district may differ from those in other districts.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2224 is repealed insofar as it relates to counties of the second class A.
Section 2225. Method of Procedure.--After receiving the certification of a zone plan from the zoning commission and before the enactment of any zoning ordinance, the county commissioners shall hold a public hearing thereon, of the time and place of which at least thirty days' notice shall be given by one publication in a newspaper of general circulation in the county. Such notice shall state the place at which the text and maps as certified by the zoning commission may be examined. The board may conduct consultative hearings or referenda to aid it in determining the desirability of contemplated or recommended regulations. No change in or departure from the text or maps as certified by the zoning commission shall be made unless such change or departure shall first be submitted to the zoning commission for its approval or disapproval or suggestions. The zoning commission shall have thirty days from and after such submission within which to send its report to the county commissioners. No approval, disapproval or suggestions of the zoning commission shall have more than advisory effect, or shall in anywise bind the county commissioners.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2225 is repealed insofar as it relates to counties of the second class A.
Section 2226. Purposes of Zoning Regulations.--Such regulations shall be designated and enacted for the purpose of promoting the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of the Commonwealth of Pennsylvania, including, among other things, the lessening of congestion in the streets or roads, or reducing the waste of excessive amounts of roads, securing safety from fire and other dangers, providing adequate light and air, preventing on the one hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and conserve adequate provisions for transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the Commonwealth's agricultural and other industries, and the protection of both urban and non-urban development.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2226 is repealed insofar as it relates to counties of the second class A.
Section 2227. Amendments.--(a) The county commissioners may from time to time amend the number, shape, boundary or area of any district or districts, or any regulation of or within such district or districts, or any other provision of any zoning ordinance, but no such amendment shall be made or become effective until the same shall have been proposed by or be first submitted for approval, disapproval or suggestions to the zoning commission and the Pennsylvania State Planning Board.
(b) Any proposal, approval, disapproval or suggestions of the zoning commission or the State Planning Board shall have advisory effect only and not be binding upon the county commissioners, and unless such zoning commission or State Planning Board shall have transmitted its report upon the proposed amendment within thirty days after the submission thereof to it, the county commissioners shall be free to proceed to the adoption of the amendment without further awaiting the receipt of the report of the zoning commission or State Planning Board. Before finally adopting any such amendment, the county commissioners shall hold a public hearing thereon, at least thirty days' notice of the time and place of which shall be given by at least one publication in a newspaper of general circulation in the county.
Compiler's Note: Section 1 of Reorganization Plan No.2 of 1966 provided that the functions of the State Planning Board, transferred to the Department of Commerce by Reorganization Plan No.1 of 1955, P.L.2045, are further transferred from the Department of Commerce to the Department of Community Affairs, to be administered by the Secretary of the Department of Community Affairs.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2227 is repealed insofar as it relates to counties of the second class A.
Section 2228. Cooperation Between Counties.--The zoning commission of any county may cooperate with the zoning commissions of other counties and with the planning, zoning, legislative and administrative authorities of cities, boroughs, towns or townships or other municipalities, either within or without such county, with a view to coordinating and integrating the zoning of the county with the planning and zoning of other counties or of municipalities. The zoning commission shall also have power to appoint such committee or committees and adopt such rules for the conduct of its business as it may deem proper to effect such cooperation or to more expeditiously and effectively perform its functions.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2228 is repealed insofar as it relates to counties of the second class A.
Section 2229. The Board of Adjustment.--(a) The county commissioners of the county which enacts zoning regulations under the authority of this subdivision shall provide for a board of adjustment of three to five members and for the manner of the appointment of such members. Not more than half of the members of such board may at any time be members of the zoning commission. The county commissioners shall fix per diem compensation and terms for the members of such board of adjustment, which terms shall be of such length and so arranged that the term of at least one member will expire each year. Any member of the board of adjustment may be removed for cause by the county commissioners upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term in the same manner as in the case of original appointments.
(b) The county commissioners may appoint associate members of such board, and in the event that any regular member be temporarily unable to act owing to absence from the county, illness, interest in a case before the board, or any other cause, his place may be taken during such temporary disability by an associate member designated for the purpose. The boards of county commissioners of two or more counties may arrange and provide for a joint or common board of adjustment of four or five members, which joint or common board of adjustment shall be deemed the board of adjustment of each of such counties.
(c) The county commissioners shall provide and specify in its zoning or other ordinances general rules to govern the organization, procedure and jurisdiction of said board of adjustment, which rules shall not be inconsistent with the provisions of this subdivision, and the board of adjustment may adopt supplemental rules of procedure not inconsistent with this subdivision or such general rules.
(d) Any zoning ordinance of the county commissioners may provide that the board of adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the zoning ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. The commissioners may also authorize the board of adjustment to interpret the zoning maps and pass upon disputed questions of lot lines or similar questions as they may arise in the administration of the zoning regulations.
(e) Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board in its rules of procedure may specify. The chairman or in his absence the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2229 is repealed insofar as it relates to counties of the second class A.
Section 2230. Appeals to the Board of Adjustment.--(a) Appeals to the board of adjustment may be taken by any person aggrieved by his inability to obtain a building permit or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of the zoning ordinance. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the county affected by the grant or refusal of a building permit or by other decision of an administration officer or agency based on or made in the course of the administration or enforcement of the provisions of the zoning ordinance. The time within which such appeal must be made and the form or other procedure relating thereto shall be as specified in the general rules provided by the county commissioners to govern the procedure of such board of adjustment or in the supplemental rules of procedure adopted by such board.
(b) Upon appeals, the board of adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency, based on or made in the enforcement of the zoning ordinance.
(2) To hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass.
(3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this subdivision would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, to authorize, upon an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardship, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance.
(c) The concurring vote of four members of the board in the case of a five-member board and of three members in the case of a three-member board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the appellant.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2230 is repealed insofar as it relates to counties of the second class A.
Section 2231. Court Review.--(a) Any persons jointly or severally aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board or bureau of the county may present to the court of common pleas of the county in which the property concerning which such decision was made is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such a petition shall be presented to the court within thirty days after the filing of the decision in the office of the board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment, and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application, on notice to the board and on due cause shown, grant a restraining order.
(b) The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(c) If upon the hearing it shall appeal to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence, as it may direct, and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(d) Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
(e) All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2231 is repealed insofar as it relates to counties of the second class A.
Section 2232. Violations; Enforcement and Remedies.--(a) It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any building or structure, or to use any land, in violation of any regulation in or of any provision of any zoning ordinance or any amendment thereof enacted or adopted by any board of county commissioners under the authority of this subdivision. Any person, firm or corporation violating any such regulation, provision or amendment of any provision of this subdivision shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars ($100) or imprisoned not more than ten days, or both. Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.
(b) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used, in violation of this subdivision or of any regulation or provision of any ordinance or amendment thereof enacted or adopted by any board of county commissioners under the authority granted by this subdivision such board, the district attorney of the county or any owner of real estate within the district in which such building structure or land is situated may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2232 is repealed insofar as it relates to counties of the second class A.
Section 2233. Nonconforming Uses.--(a) The lawful use of a building or structure or the lawful use of any land as existing and lawful at the time of the enactment of a zoning ordinance, or in the case of an amendment of an ordinance, then at the time of such amendment, may, except as hereinafter provided, be continued, although such use does not conform with the provisions of such ordinance or amendment. Such use may be extended throughout the same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. The county commissioners may provide in any zoning ordinance for the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning ordinance. The county commissioners may in any zoning ordinance provide for the termination of nonconforming uses, either by specifying the period or periods in which nonconforming uses shall be required to cease, or by providing a formula or formulae whereby the compulsory termination of a nonconforming use may be so fixed as to allow for the recovery or amortization of the investment in the nonconformance.
(b) If the county acquires title to any property by reason of tax delinquency and such property is not redeemed or sold as provided by law, the future uses of such property shall be in conformity with the then provisions of the zoning ordinance of the county or with any amendment of such ordinance equally applicable to the other like properties within the district in which the property acquired by the county is located.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2233 is repealed insofar as it relates to counties of the second class A.
Section 2234. List of Nonconforming Uses.--Immediately after the adoption of any zoning ordinance or amendment by the county commissioners, the county zoning commission shall prepare and publish a complete list of all nonconforming uses and occupations existing at the time of the adoption of such ordinance or amendment. Such list shall contain the names and addresses of the owner or owners of such nonconforming use and of any occupant other than the owner, the legal description or descriptions of the land, and the nature and extent of land use.
After any necessary corrections have been made under a procedure prescribed by the county commissioners, copies of such list shall, when approved by such body, be filed for record in the offices of the recorder of deeds and of the chief clerk in the county in which the lands are situated, and shall be corrected yearly, as the county commissioners may prescribe.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2234 is repealed insofar as it relates to counties of the second class A.
Section 2235. Filing.--Upon the adoption of any zoning ordinance or regulation, map or maps, the county commissioners may file the originals with the chief clerk and a certified copy of each in the office of the county recorder of deeds, which copies shall be accessible to the public. The recorder of deeds shall index such ordinances and regulations as nearly as possible in the same manner as he indexes instruments pertaining to the title of land.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2235 is repealed insofar as it relates to counties of the second class A.
Section 2236. Finances.--The county commissioners are empowered to appropriate out of the general county fund such moneys otherwise unappropriated as it may deem fit to finance the work of the county zoning commission and of the board of adjustment and to enforce the zoning regulations and restrictions which are adopted, and to accept grants of money and service for these purposes and other purposes in accordance with this subdivision from either private or public sources, State or Federal.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2236 is repealed insofar as it relates to counties of the second class A.
Section 2237. Conflict With Other Laws.--Whenever any regulations made under authority of this subdivision require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings, or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this subdivision shall govern. Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this subdivision, the provisions of such statute shall govern.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2237 is repealed insofar as it relates to counties of the second class A.
Section 2238. Subdivision Not to Apply to Certain Buildings of Public Utility Corporations.--This subdivision shall not apply to any existing or proposed building or extension thereof used or to be used by public utility corporations if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2238 is repealed insofar as it relates to counties of the second class A.
Section 2239. Definitions.--The words "amend," "amendment," "amendments" or "amended" in this subdivision shall be deemed to include any modification of the text or phraseology of any provision of any zoning ordinance or amendment thereof, or any repeal or elimination of any such provision or part thereof, or any addition to the ordinance or to an amendment thereof, and shall also be deemed to include any change in the number, shape, boundary or area of any district or districts, any repeal or abolition of any map forming part of or referred to in any zoning ordinance or any part of such map, and, in addition to such map, any new map or maps or any other change in the maps or any map.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2239 is repealed insofar as it relates to counties of the second class A.
(c) County Transit and Traffic Commission
Section 2250. Creation of County Transit and Traffic Commission.--There is hereby created a County Transit and Traffic Commission consisting of nine persons who shall be residents of the county, not more than four of whom shall be residents of cities in the county, nor shall more than two be regular employes of any publicly financed body. Members shall be persons experienced in either engineering, commerce, finance, law, transportation or traffic matters, and shall be appointed by the county commissioners. The successors to the members in office when this act becomes effective shall be appointed, at the expiration of their respective terms, to serve six years, and all appointments to fill vacancies shall be only for the unexpired portion of the term. Five members shall constitute a quorum. The commission may make rules and regulations for their own organization and procedure consistent with the resolutions of the county commissioners and the laws of the Commonwealth. Members shall serve without compensation, and may employ a technical staff and such other persons as may be necessary, whose salaries and wages, together with other necessary expenses of the commission, shall be provided for, in the discretion of the county commissioners, by proper appropriation and resolution.
Section 2251. Duties of the County Transit and Traffic Commission.--(a) The duty of the Transit and Traffic Commission shall be to investigate transit, traffic and parking conditions in the county, including the volume and characteristics of the movement of public carriers such as street railways, train, bus and other motor vehicles throughout the county, with a view of determining advisable means for obtaining adequate, rapid and safe transportation, to consider fully the coordination of existing transportation services, to investigate and study safety measures for persons and vehicles on highways, streets and thoroughfares in said county, to advise with officials of political subdivisions in the county about the transit, traffic, and parking problems.
(b) All minutes, reports and recommendations made by the commission shall be a matter of public record. Periodically, but not less than once a year, the commission shall file with the county commissioners a report of its investigations. This report shall include the results of investigations made by the commission and any recommendations the commission may have to offer.
(c) The county commissioners shall refer any plan, proposal or resolution affecting public transportation and the safety of the public on public transportation facilities and on highways, bridges and tunnels in the county to the County Transit and Traffic Commission for its consideration and recommendation. The Transit and Traffic Commission shall report to the county commissioners on the plan, proposal or resolution within a reasonable period of time.
(d) In lieu of the creation of a county transit and traffic commission in the county where a county planning commission has been established, the county commissioners may, by resolution, confer and impose on such planning commission the additional powers and duties of serving as the county transit and traffic commission, with all the powers and duties conferred by this sub-section upon the county transit and traffic commission. Upon the passage of such resolution by the county commissioners, the terms of office of the existing county transit and traffic commissioners shall terminate and they shall deliver all books, papers, records, furnishings and supplies pertaining to their office to the county planning commission.
The passage of such resolution by the county commissioners shall not impair or affect any act done, or right accruing, accrued or acquired, or liability, duty or obligation incurred, prior to the time such resolution takes effect, but the same may be enjoyed, asserted or enforced as fully and to the same extent as if such resolution had not been passed.
((d) added Dec. 15, 1955, P.L.880, No.265)
Article XXII-A
Residential Finance Authorities
(Art. added Nov. 5, 1981, P.L.330, No.120)
Compiler's Note: Section 3 of Act 120 of 1981, which added Article XXII-A, provided that the powers herein granted in section 2204-A(3), (4) and (5) and section 2205-A(a) and (b) shall not be exercised by an authority after June 30, 1984. After June 30, 1984, the authority shall have power only to do those things necessary to wind-up its affairs and terminate its existence.
Section 2201-A. Definitions.--As used in this article the following words and phrases shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Authority." A Residential Finance Authority created and activated pursuant to section 2202-A.
"Bonds." Includes any evidence of indebtedness for money borrowed.
"Field of operation." The area within the territorial boundaries of a county, excluding any area lying within the boundaries of any city within such county: Provided, however, That any such city and any other city or county within the Commonwealth may, by resolution, elect to be included within the field of operation of the county.
"Lending institution." Any bank, trust company, bank and trust company, mortgage bank, savings bank, credit union, National banking association, savings and loan association, building and loan association, insurance company, or other financial institution authorized to transact business in the Commonwealth and which customarily lends, or provides service or other aids in lending, money for the purchase or improvement of residences located in the Commonwealth.
"Residential loan note." An interest-bearing obligation evidencing a loan of money made for the financing of the acquisition, construction, reconstruction, rehabilitation, renovation or improvement of a residence or the refinancing of costs previously incurred for the acquisition, construction, reconstruction, rehabilitation, renovation or improvement of a residence.
"Residence." The structure (or a condominium unit in a structure), including the appurtenant land, located within the authority's field of operation which is the dwelling place of an individual or one family, provided that, such term may, at the discretion of the board of an authority, include a structure in such field of operation containing more than one dwelling unit or other living arrangement, including personal care boarding homes, nursing homes, board and care homes or other protective oversight living arrangements which may have common areas, including eating, food preparation, recreation and lounge areas.
(2201-A amended Oct. 5, 1990, P.L.519, No.125)
Section 2202-A. Creation.--There are hereby created separate and distinct bodies, which shall at all times be public instrumentalities and bodies corporate and politic (one for each second class county of the Commonwealth). Each such authority shall be known as the "(Name of county) Residential Finance Authority." No authority shall transact any business or be otherwise operative until and unless the board of county commissioners of any county of the second class finds and declares by proper resolution that there is a need for an authority to function within the county and thereby activates such authority to carry out the purposes of this article. A certified copy of such resolution shall be filed with the Secretary of the Commonwealth. Upon receipt of said resolution, the Secretary of the Commonwealth shall issue a certificate of incorporation. A copy of the certificate of incorporation duly certified by the Secretary of the Commonwealth shall be conclusive proof that the authority has been properly established.
(2202-A added Nov. 5, 1981, P.L.330, No.120)
Section 2203-A. Governing Body.--(a) The powers of each authority shall be exercised by a board consisting of such number of members as the county commissioners may by resolution prescribe, but not fewer than five. The members shall be appointed by the county commissioners who may remove any member at any time with cause. In the case where a resolution is adopted decreasing the number of members, a member may be removed without cause to provide for the number of members authorized by the resolution.
(b) Subject to the provisions of subsection (a), the provisions of section 7 of the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," are hereby incorporated by reference and made applicable to authorities.
(2203-A amended Oct. 5, 1990, P.L.519, No.125)
Section 2204-A. Purposes and Powers.--Every authority activated pursuant to this act shall have as its purpose the broadening of the market for housing, alleviating shortages of housing, stimulating the market for housing and improving the quality of life of the residents of the Commonwealth by making available funds for loans evidenced by residential loan notes. Each authority activated pursuant to this article shall be a public instrumentality, a public body corporate and politic, and shall have all of the powers granted to authorities under section 4.B of the act of May 2, 1945 (P.L.382, No.164) known as the "Municipality Authorities Act of 1945," to the extent not inconsistent with this article and to the extent necessary to carry out the foregoing purposes and shall also have the following powers:
(1) To proceed with foreclosure actions, to own, lease, clear, construct, reconstruct, rehabilitate, renovate, improve, repair, maintain, manage, operate, assign, encumber, sell or otherwise dispose of any real or personal property obtained by the authority due to default on any loan held by the authority.
(2) To sell, at public or private sale, with or without public bidding, any mortgage, mortgage loan or other instrument or asset or any item of real or personal property owned by the authority.
(3) To invest in, make commitments to purchase, take assignments from and to purchase from lending institutions residential loan notes and to accept the assignment of any mortgage or other security given for such note, acquired by such lending institution pursuant to a prior agreement between the authority and such lending institution which agreement requires the lending institution to make residential loans to its customers on terms and conditions specified by the authority in such agreement, including but not limited to terms and conditions relating to the rate of interest on and security for such notes.
(4) To make residential loans directly to natural persons to enable such persons to acquire residences or to rehabilitate residences owned by or to be acquired by such persons: Provided, however, That each such loan must be made pursuant to an agreement with a lending institution which requires the loan to be originated and serviced by such lending institution.
(5) To become a mortgagee approved for participation in all mortgage insurance programs of the United States Department of Housing and Urban Development or the Federal Housing Administration or any successor to either and to enter such contracts and agreements with the United States Department of Housing and Urban Development or the Federal Housing Administration or their respective successors as may be required to achieve such status.
(6) To do all other acts or things necessary or convenient for the general welfare of the authority and to carry out the powers granted to it to fulfill its purposes.
(2204-A added Nov. 5, 1981, P.L.330, No.120)
Compiler's Note: Section 3 of Act 120 of 1981, which added section 2204-A, provided that the powers herein granted in section 2204-A(3), (4) and (5) and section 2205-A(a) and (b) shall not be exercised by an authority after June 30, 1984. After June 30, 1984, the authority shall have power only to do those things necessary to wind-up its affairs and terminate its existence.
Section 2205-A. Bonds.--(a) An authority shall have the power to issue bonds, including refunding bonds: Provided, however, That the principal, interest and other charges thereon be payable solely and exclusively from repayment or sale of any residential loan notes (including amounts received by the authority from the sale of real estate or other collateral given for such loans) purchased by the authority or moneys contributed to an authority by a county or a municipality, investment income or proceeds of refunding bonds.
(b) The bonds shall be sold at public or private sale for such prices as the authority may determine, mature at such time or times, bear interest at such rate or rates, be in such form, contain such provisions for redemption, and be entitled to such priorities on the revenues and receipts of such authority, and contain such other terms all as the authority may determine. The bonds and any appurtenant coupons may be signed manually by or may bear the facsimile signature of such officer or officers as the authority may determine.
(2205-A added Nov. 5, 1981, P.L.330, No.120)
Compiler's Note: Section 3 of Act 120 of 1981, which added section 2205-A, provided that the powers herein granted in section 2204-A(3), (4) and (5) and section 2205-A(a) and (b) shall not be exercised by an authority after June 30, 1984. After June 30, 1984, the authority shall have power only to do those things necessary to wind-up its affairs and terminate its existence.
Section 2206-A. Transfers, Grants and Loans to Authorities.--Any county which has activated an authority and any municipality in which an authority is authorized to act is hereby authorized to sell, lease, grant, convey, assign or transfer, with or without consideration, or lend, any facilities, or any interest in real or personal property, or money (including but not limited to the proceeds of any Federal, State or other grants, gifts, contributions or similar revenues) to such authority to assist it in carrying out any authorized activity under this article. This section, without reference to any other law, shall be deemed complete authority for such action, the provisions of other laws to the contrary notwithstanding.
(2206-A added Nov. 5, 1981, P.L.330, No.120)
Section 2207-A. Bonds not Obligations of Commonwealth, Counties or Municipalities.--Obligations issued under this article shall not be, nor be deemed to be, a debt or liability of the Commonwealth or any county or municipality or a pledge of the faith, credit or taxing power of the Commonwealth or any county or municipality for any purpose, and all obligations shall contain a statement to the effect that such obligations do not constitute a debt or liability of the Commonwealth or any county or municipality for any purpose, and that neither the faith and credit nor the taxing power of the Commonwealth or the county or municipality is pledged to or available for the payment of the principal of or any premium or interest on such obligations.
(2207-A added Nov. 5, 1981, P.L.330, No.120)
Section 2208-A. Incorporation by Reference.--The provisions of sections 5.B, 5.C, 6, 8, 10, 12, 13, 14, 15 and 17 of the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," are hereby made applicable to authorities and to this article and are incorporated herein by reference as if set out at length: Provided, however, That references in such sections to "authorities" shall be deemed to be references to authorities created and activated pursuant to section 2202-A and references therein to "this act" shall be deemed to be references to this article.
(2208-A added Nov. 5, 1981, P.L.330, No.120)
Section 2209-A. Continued Existence.--Every authority created pursuant to this article shall have a term of existence of fifty years from the date of the resolution activating it. The board of county commissioners of any county of the second class with an existing residential finance authority having a term of existence of fewer than fifty years may, by proper resolution which finds and declares that there is a need for the continued existence of the county's residential finance authority beyond the period of existence originally provided for, extend the authority's term of existence to a date not exceeding fifty years from the date of the resolution.
(2209-A added Nov. 23, 1983, P.L.227, No.65)
Article XXIII
Public Health
(a) General Provisions
Section 2301. Health Work.--The county commissioners may provide and annually appropriate from any moneys in the county treasury not otherwise appropriated such sum or sums as they deem necessary for the protection of the health, cleanliness, convenience, comfort and safety of the people of the county.
(b) County and Joint County Hospitals
Section 2310. Contagious Disease Hospital or Building, Wing or Unit.--Whenever, in the opinion of the board of commissioners of the county or the boards of commissioners of two or more counties, a hospital for the care and treatment of contagious diseases appears to be necessary or advisable, the board of commissioners of the county or the boards of commissioners of two or more counties jointly may either erect, construct and equip such a hospital on the grounds of the county institution district of any of the counties joining, or may purchase a suitable site for such purpose in some other locality. In lieu of erecting and constructing a separate contagious disease hospital, the board of commissioners of a county or the boards of commissioners of two or more counties jointly may enter into an agreement with a general nonsectarian nonprofit hospital or hospitals within the county or within any of such counties or any adjoining county, and may appropriate county moneys to such hospital or hospitals, for the erection, construction and equipment of a building or wing or unit for the care, isolation and treatment of contagious disease cases. In any such contagious disease hospital or building, wing or unit, provision shall be made for the care and treatment of indigent persons and of persons who are able to pay for their care and treatment in whole or in part.
The county commissioners may in like manner join in establishing, maintaining, equipping and operating a contagious disease hospital with any municipality within the county.
Section 2311. Plans and Specifications; Approval; Construction.--Plans and specifications for any county or joint county hospital or building, wing or unit at a general hospital shall be prepared by the board or boards of commissioners or at their instance, or by the general hospital with which an agreement has been made, as the case may be, which plans and specifications must be submitted to the Secretary of Health of the Commonwealth. The cost of the preparation of such plans shall be paid by the county or counties so joining. Upon the approval of said plans and specifications by the Secretary of Health of the Commonwealth, any county or joint county contagious disease hospital may be constructed and equipped in the same manner that any other county buildings are constructed and equipped, and in the case of a building, wing or unit at a general hospital, the same shall be constructed and equipped by the authorities in charge of the general hospital, as may be provided in the agreement with the county or counties joining. But in either event, the expense and cost of such erection, construction and equipment and the cost of the site, if any, shall be paid by the board or boards of commissioners out of county funds.
Section 2312. Expenses of Maintenance, Care and Treatment.--All expense incident to the maintenance and operation of any such county or joint county contagious disease hospitals and of buildings, wings and units at general hospitals shall be paid by the county or counties so joining, as may be provided in any agreement, out of county funds. The county or counties so joining shall be liable for the cost of operating any such county or joint county contagious disease hospital, and each county shall separately be liable to pay the cost of the care and treatment of its indigent patients and those unable to pay the entire cost of care and treatment in such contagious disease hospitals and in buildings, wings and units at general hospitals, and for such purposes any county or the counties so joining shall have power to appropriate county funds.
Section 2313. Administration of County and Joint County Hospitals.--After any such county hospital is erected and equipped and ready for occupancy, it shall be operated by and under the authority of the county commissioners of the county in the same manner that other county buildings and institutions are operated, and in the case of joint county hospitals, the operation shall be in the manner provided in the agreement between the counties. All county or joint county contagious disease hospitals heretofore erected and constructed shall hereafter be maintained and operated in the manner provided by this act.
Section 2314. County Agreements for Joint Contagious Disease Hospitals, Buildings, Wings and Units.--Whenever the county commissioners of two or more counties decide that a hospital or a building, wing or unit at a general hospital for the care and treatment of contagious diseases is necessary, they shall enter into an agreement for such purposes and therein provide how and in what proportions each county shall bear the expenses incident to the construction, operation and maintenance of the joint hospital, building, wing or unit for contagious diseases.
Section 2315. County Hospital for Tuberculosis.--Whenever one hundred or more citizens, residents of a county, petition the county commissioners for the establishment of a county hospital for the treatment of persons afflicted with tuberculosis, the county commissioners shall, at the next general or municipal election, submit to the voters of the county the question whether or not the county shall establish such a hospital. Such question shall be printed at the foot of the ballot and shall be in the form provided by the general laws for the submission of such question. The vote on such question shall be counted, returned and computed in the manner prescribed by the general election laws of the Commonwealth.
Section 2316. Power to Acquire Site.--If a majority of the electors voting upon such question at such election shall vote in favor of the establishment of such a hospital, the county commissioners shall acquire a site for such hospital, either by purchase or condemnation; in case such site shall be acquired by condemnation, the procedure for the assessment of damages for the property taken shall be as prescribed by article XXVI of this act.
Section 2317. Advisory Board.--If a majority of the electors voting upon such question at such election shall be in favor of the establishment of a hospital, the court of common pleas of the county shall immediately appoint an advisory board of five members, all of whom shall be electors of the county and one of whom shall be a licensed physician. The members of said board shall be appointed, one for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year, or until their successors are appointed and have qualified. All appointments at the expiration of any term shall be for a term of five years.
The board shall meet monthly and at such other times as it may be deemed necessary. The board shall visit and inspect and keep in close touch with the management and operation of said hospital, and shall, from time to time, make such recommendations and suggestions to the county commissioners for changes or improvements in said management and operation as may be deemed advisable. It shall also make an annual report to the county commissioners concerning the management and operation of said hospital.
The county commissioners shall, at the expense of the county, provide a meeting place for said board, and furnish all supplies and materials necessary to carry on its work.
The members of the board shall not receive any compensation for their services but shall be allowed all actual and necessary expenses incurred in the discharge of their duties, which shall be paid by the county.
Section 2318. Site and Plans; Approval.--If a majority of the electors voting upon such question at such election shall be in favor of the establishment of the hospital, the county commissioners shall, after consultation with the advisory board, select a site for such hospital and shall have plans and specifications prepared for such hospital, but no such hospital shall be erected until such plans and specifications and the site therefor have been first approved by the Secretary of Health and the county controller.
Section 2319. Construction and Equipment.--Any such hospital shall be constructed by contract or contracts let by the county commissioners to the lowest responsible bidder, as provided by this act, and when so constructed, the hospital shall be equipped by the county commissioners, at the cost of the county, in the same manner as other county buildings are equipped.
Section 2320. Employes' Salaries.--The county commissioners may, after consultation with the advisory board, employ a superintendent and such physicians, nurses and other employes as may be necessary to properly conduct and manage such hospital. The compensation of such employes shall be fixed by the salary board and such salaries shall be paid from the county treasury.
Section 2321. Management.--The county commissioners shall have power, after consulting with the advisory board, to make general rules and regulations for the management of the hospital, and shall have power to do all acts deemed necessary to promote the usefulness of the hospital in the prevention of tuberculosis.
Section 2322. Use of Hospital.--Every hospital established under the provisions of this act shall be used for the benefit of all inhabitants afflicted with tuberculosis resident within the county in which the hospital is located, and all such persons shall be entitled to occupancy, nursing, care, treatment and maintenance according to the rules and regulations prescribed by the county commissioners. The county commissioners may exclude from the use of the hospital any person who wilfully violates any rule or regulation adopted for the hospital by said county commissioners. The county commissioners may charge and collect, from persons admitted to the hospital or persons legally responsible for their maintenance, reasonable compensation for the care, treatment and maintenance of such persons, but free treatment shall be given to all such persons who are, after reasonable investigation, found to be unable to pay.
Section 2323. Patients From Other Counties; Donations.--The county commissioners may admit patients to said hospital who are resident within any other county of the Commonwealth, provided such other county agrees to reimburse the county in which the hospital is located for all charges in connection with the admission, maintenance, care and treatment of such patients. Authority is hereby conferred upon all counties in the State to pay to any other county in which such hospital is located reasonable charges for patients cared for by said hospital resident in the county paying such charges. All money received from the care and maintenance of patients or from gifts or donations shall be paid into the county treasury and shall be used only for the maintenance of such hospitals. County commissioners are authorized and empowered to receive contributions, donations, property and trust funds for the erection and maintenance of hospitals as provided in this act.
Section 2324. Appropriations; Tax Levy.--The advisory board herein provided for shall, by December thirty-first of each year, furnish to the county commissioners and the county controller a schedule of expenses deemed necessary for the maintenance and operation of the hospitals for the ensuing year, and the county commissioners shall, after considering the schedule submitted by the advisory board, annually make appropriations deemed by them sufficient to properly manage and operate said hospital. The county commissioners shall levy a special tax sufficient to produce the moneys appropriated to said hospital, which tax shall be collected in the same manner as other county taxes and shall be paid into the county treasury. All payments from the county treasury shall be made by warrant of the county commissioners, countersigned by the county controller.
Section 2325. Increase of Indebtedness.--The county commissioners of every county establishing a hospital as provided for in this act may incur or increase the indebtedness of the county, in accordance with the Municipal Borrowing Law, to an amount sufficient to pay the cost of acquiring a site and of erecting, constructing and equipping the said hospital, by issuing coupon bonds at a rate of interest not exceeding six per centum and payable within thirty years from the date of issue. The county commissioners shall levy an annual tax in an amount necessary to pay interest and sinking fund charges upon such bonds.
(c) County Health Aid to Institutions
and Political Subdivisions
Section 2330. Appropriations to Hospitals, Tuberculosis Sanitaria and Homes.--The commissioners may appropriate moneys for the support of any hospital located within or without the limits of such county which is engaged in charitable work and extends treatment and medical attention to residents of such county, and may also appropriate moneys for the support of any home or place of detention of dependent, delinquent and neglected children located within the county, and may also appropriate moneys for the support of any sanitarium for the treatment of persons afflicted with tuberculosis located within the Commonwealth of Pennsylvania, which sanitarium is engaged in charitable work and extends treatment and medical attention to residents of such county.
Section 2331. Appropriation to Society Maintaining Tuberculosis Sanitorium for Indigent.--The commissioners may appropriate to any duly incorporated society chartered to maintain a sanitorium for the treatment therein of persons suffering from tuberculosis so much money as may be necessary for the maintenance of indigent persons, residents of the county, who may be inmates of such sanitorium and under treatment for tuberculosis. The commissioners shall at all time have free access to such sanatorium for inspection of its management and for the ascertainment of the number of indigent persons receiving treatment therein.
Section 2332. Aid to Boroughs and Townships for Sewage Purposes.-The board of county commissioners may appropriate moneys from the county treasury to aid cities of the third class, boroughs, incorporated towns or townships in the construction or maintenance of sewers or sewage treatment works, where such sewers and treatment works have been first approved by the Sanitary Water Board of the State Department of Health in the manner provided by law.
Section 2333. Aid to Townships for Water Systems.--The county commissioners may appropriate moneys from the county treasury to aid townships to construct or complete water systems, where such water systems have been first approved by the State Department of Health.
(d) Joint Management of County and
City Hospitals
Section 2350. Joint Management of Hospitals with Cities.--In the county where the county seat is, within the limits of any city, the county commissioners and the proper corporate authorities of such city shall have the power and they are hereby authorized to agree upon the administration, management, maintenance, control and operation of any or all city hospitals and institutions and of any or all county hospitals and institutions within the county under one board of managers, and to share the expenses thereof in such manner and proportions as shall be agreed upon.
Section 2351. Board of Managers; Appointment and Terms.--The board of managers shall consist of seven members. Three members, one of whom shall be a member of the board of county commissioners, shall be appointed by the county commissioners. Two members shall be appointed by the mayor of such city. One member, who shall be a member of city council, shall be appointed by the council of such city. One member shall be appointed by the county commissioners and mayor jointly. In acting on the appointment of such last member, the three county commissioners together shall have one vote and the mayor shall have one vote.
The members of the board shall be appointed for terms of four years and shall serve without compensation.
The board shall organize each year by electing one of its members chairman and another member secretary of the board.
Section 2352. Employes; Appointment; Salaries.--(a) The board of managers shall employ a superintendent for each hospital and institution under its control, and such medical, surgical, nursing and other staffs and such other employes as they deem necessary for the proper conduct of the activities of the respective hospital or institution.
(b) All persons appointed by the board shall be qualified according to standards, not inconsistent with law, adopted by the board, and pursuant to such oral or written examinations as the board shall prescribe. In so far as possible, vacancies shall be filled by promotions from among the then employes of the board.
(c) The salaries or other compensation of all appointees of the board shall be fixed by the board, subject to the approval and ratification by the salary board of the county and the proper corporate authorities of the city, and shall be paid by the county and city in such proportions as shall be agreed upon by the county commissioners and such corporate authorities.
Section 2353. Rules and Regulations.--The board of managers shall, subject to the approval of the county commissioners of the county and the proper corporate authorities of the city, make such by-laws, rules and regulations for the management of the several hospitals and institutions as it may deem advisable.
Section 2354. Civil Service Act Not to Apply.--The right of appointment by the board of managers of a superintendent for each hospital and institution, surgical, nursing and other staffs and other employes shall not be limited or restricted in any manner by the requirements of the present civil service act applicable to any city, nor shall any such act apply to any person so appointed.
Section 2355. Hospitalization of Persons with Infectious Diseases.--The county commissioners of the county are hereby authorized to enter into contracts with the proper authorities of any city within the county for the hospitalization of persons suffering from any infectious disease and to make appropriations for such purposes.
Article XXIV
Aeronautics
Section 2401. Authority to Establish Airports.--Subject to the provisions of The Aeronautical Code, the county shall have the right and authority to establish, construct and provide for air navigation facilities in accordance with the provisions of this article.
Section 2402. County May Hold or Acquire Lands for Air Navigation and Terminal Facilities.--(a) The county may use for the purpose of any air navigation and terminal facilities any land within the county and owned by the county when the county commissioners determine such land necessary for such purposes.
(b) The county may appropriate for the purpose of any air navigation and terminal facilities any lands purchased by it at any tax sale and not redeemed within the period of redemption, if any, provided by law.
(c) The county may acquire by gift, lease, purchase or condemnation proceedings any land lying within its territorial limits or the territorial limits of any adjoining county which, in the judgment of the county commissioners, may be necessary and desirable for the purpose of establishing and maintaining air navigation and terminal facilities or of enlarging them, but no such land shall be so acquired in any adjoining county without the assent of the county commissioners thereof.
Section 2403. Condemnation Proceedings; Title.--The proceedings for the condemnation of lands under the provisions of this article and for the assessment of damages for property taken, injured or destroyed shall be conducted in the same manner as provided under Article XXVI.
The title acquired by virtue of any such condemnation may be a title in fee simple or any lesser estate, including, but not limited to, an easement for aviation or any other purpose.
(2403 amended Oct. 5, 1990, P.L.519, No.125)
Section 2404. Agreements for Air Navigation and Terminal Facilities.--The county acquiring land for any air navigation and terminal facilities may enter into agreements in the form of a lease, permit, license, concession or otherwise for the use of the same or part thereof, for an adequate consideration, with any person or corporation desiring to use the same for any air navigation and terminal purpose or of any air navigation and terminal facility, or for any nonaviation purpose; provided that all such agreements for nonaviation purposes shall be for terms of less than fifty (50) years and may involve only land designated in the county's airport master plan as not needed for airport purposes within the term of the lease, on such terms and subject to such conditions and regulations as may be provided. The county may enter into a contract in the form of a lease or otherwise providing for the use of said land or any part thereof by the government of the United States for air-mail delivery or other air navigation and terminal purposes, upon nominal rental or without consideration.
(2404 amended Dec. 10, 1982, P.L.1084, No.254)
Section 2405. Joint Operation; Leasing.--The county acquiring land for any air navigation and terminal facilities may operate and maintain such facilities jointly with any city, county, borough, township or other political subdivision, upon such terms and conditions as may be agreed upon by the corporate officials thereof and the county commissioners of the county, and such joint facilities may be operated as hereinbefore provided upon the joint action of the corporate officials involved and the county commissioners.
Section 2406. Engineering and Construction Appropriations.--The county acquiring any land for any air navigation and terminal facilities may, by resolution of the board of commissioners, appropriate such funds as are necessary for the engineering design, surveys and construction of such facilities, either wholly by themselves or in cooperation with State, Federal or other public agencies supplying a portion of the necessary funds for said work.
Section 2407. Contracts for Construction and Repairs.--In establishing, maintaining and operating air navigation and terminal facilities where construction and repair of roadways, runways, buildings and facilities or the purchase thereof are deemed necessary within or for use within the limits of land acquired for such purpose, there shall be no necessity for submission thereof to the court of quarter sessions of the county, but contracts therefor shall be entered into as provided in Article XX herein, and in the case of joint establishment, operation and maintenance with any other political subdivision, contracts relating thereto shall be entered into as provided for the general business of any of such participating political subdivisions.
Section 2408. Validation of Contracts.--Any contracts heretofore entered into for construction and repair of roadways, runways, buildings and facilities or the purchase thereof within or for use within the limits of land acquired for the establishment and operation of airdromes or landing fields, without first having obtained the approval of the court of quarter sessions of the county and entered into as provided for the general business of the county or other political subdivisions jointly interested, are hereby ratified, confirmed, approved and declared lawful contracts.
Section 2409. Issuance of Non-Debt Revenue Bonds for Aeronautical Facilities.--In addition to present methods of financing the same, the county commissioners are empowered to issue non-debt revenue bonds pursuant to provisions of the act of June 25, 1941 (P.L.159), known as the "Municipal Borrowing Law," and its amendments, to provide sufficient moneys for and toward the acquisition, construction, reconstruction, extension or improvement of aeronautical facilities, including but not limited to airports, terminals, hangars, parking areas and all other facilities either necessary thereto or appropriate therefor, said bonds to be secured solely by the pledge of the whole or part of the fees, rents, tolls or charges derived from the ownership or operation of such facilities or for the use or service of the same.
Said aeronautical facilities financed by the issuance of non-debt revenue bonds as in this section provided may be leased by the county, in whole or in part, to a lessee or lessees for a period of years equal in time to the period of maturity of the bonds so issued.
Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.
(2409 added Dec. 21, 1967, P.L.875, No.388)
Article XXV
Grounds, Property and Buildings
(a) General Provisions
Section 2501. Title to Real Estate Vested in County.--The title to all courthouses, jails, prisons and workhouses, together with the lots of land thereunto belonging or appertaining, and all other real property acquired or that may hereafter be acquired by or for the use of the county, shall be vested in the county for the use of the people thereof and for no other use, except as hereinafter provided.
Section 2502. Insuring Buildings and Contents.--The county commissioners may provide insurance against fire and extended coverage against public liability and such other forms of insurance, including insurance against burglary, as shall seem proper to them for county buildings and the contents, real and personal, thereof. The cost of such insurance shall be paid from the general funds of the county.
Section 2503. Credit of County Available for Grounds and Buildings.--In the acquisition, construction or alteration, as the case may be, of land and buildings for county purposes, the commissioners may issue bonds of the county, in accordance with the Municipal Borrowing Law, to meet the costs thereof, except as any other system of financing shall be expressly provided by law.
(b) Acquisition, Use, Leasing and Disposing
Of Property for County
Section 2505. Acquiring and Using Real Property; Exceptions.--(a) The county commissioners may purchase for not more than fair market value, take by gift, devise or by the power of eminent domain, in accordance with the provisions of this act, such real property at the county seat or in such other places, as may be authorized by law, as they deem necessary for the purposes of a county courthouse, county jail, prison, workhouse, detention house or other county building, either in acquisition of a building suitable for such purposes or in the construction of a new building, or in the alteration, including enlargement, of an existing county building. The fair market value of real property in the case of a purchase valued in excess of ten thousand dollars ($10,000) shall be determined by the county commissioners in consultation with two (2) of the following: the county assessor, a licensed real estate broker or licensed real estate appraiser doing business within the county. ((a) amended Nov. 30, 2004, P.L.1439, No.186)
(b) The county commissioners may also use any real property at the county seat or elsewhere, as authorized by law, owned by the county, and deemed suitable by them for the purposes aforesaid, except such property as is bound by contract to another public use.
(c) The county commissioners may provide for the grading, filling, draining, gardening and otherwise improving and maintaining of all lands for county buildings, either by contract or by county employes, as they deem proper.
(d) To the extent that any of the matters provided for herein are otherwise specifically provided for by law, with regard to any particular acquisitions of real property by counties, either by tax sales or by other purchases, this section shall not apply to such matters.
Section 2506. Authority to Sell or Lease Real Property.--(a) The board of commissioners may sell for not less than the fair market value or lease, either as lessor or lessee, any real property belonging to the county or to others where the county is lessee. If the commissioners know or have reason to believe that the property to be sold contains oil, gas, coal, stone, timber or other mineral or forest products of commercial value, such knowledge or belief shall be advertised together with the description of the land in at least two newspapers of general circulation in the county once a week for three consecutive weeks. The fair market value of real property in the case of a sale valued in excess of ten thousand dollars ($10,000) shall be determined by the county commissioners in consultation with two of the following: the county assessor, a certified broker-appraiser or certified real estate appraiser doing business within the county.
(a.1) (1) The provisions of subsection (a) shall not be mandatory where county real property is to be sold to any of the following:
(i) A city, borough, town, township, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the county.
(ii) A municipal authority pursuant to 53 Pa.C.S. Ch. 56 (relating to municipal authorities).
(iii) A nonprofit corporation or limited partnership in which a nonprofit corporation is a general partner and managing agent engaged in community industrial, commercial or affordable housing development or reuse for its exclusive use for industrial, commercial or affordable housing development. This exemption shall not apply to property owned and operated by a county or subcontracted or operated on behalf of a county in order to conduct existing government functions.
(iv) A person for his exclusive use in an industrial development program.
(v) A nonprofit corporation organized as a public library for its exclusive use as a library.
(vi) A nonprofit medical service corporation for its exclusive use as a site for a medical service facility.
(vii) A nonprofit housing corporation for its exclusive use for housing for the elderly or for low-income housing.
(viii) The Federal Government.
(ix) The Commonwealth.
(x) An authority pursuant to the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law."
(xi) A redevelopment authority pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law."
(2) When the real property is to be sold or leased to a qualified entity under this subsection, the commissioners may elect to accept such nominal consideration for such sale as it shall deem appropriate. Real property sold pursuant to this subsection to any entity under this subsection, other than a city, borough, town, township, institution district, school district, municipal authority pursuant to 53 Pa.C.S. Ch. 56 located within the county, the Federal Government or the Commonwealth shall be subject to the condition that when the property is not used for the purposes of the entity the property shall revert to the county.
(b) In the case of any lease of real property by the county hereunder, such property, with any and all improvements or additions thereon or thereto, shall, in the hands of the lessee, be subject to taxation by such county and any other municipal or political subdivision therein, in the same manner as all other real estate located in such county, all of which taxes shall be levied and assessed against and paid by the lessee.
(c) This section shall not apply to leases or sales of county property or other property which are otherwise specifically provided for by law.
(d) This section shall not apply to sales to a nonprofit corporation engaged in community industrial, commercial or affordable housing development. Such conveyances or leases shall be at the sole discretion of the county.
(2506 amended Dec. 9, 2002, P.L.1383, No.170)
Section 2506.1. Sale and Lease of Real Property to Industrial Development Agencies.--(a) The county may sell to any industrial development agency designated as such an industrial development agency, in the manner provided by Chapter 23 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act," with or without consideration, any lands, easements or rights in land, together with any improvements, buildings or structures therein or thereon now owned by the county or hereafter acquired by it for the purpose of establishing or enlarging any commercial, industrial or manufacturing enterprise or research and development center within the county, and make with such industrial development agency any and all agreements for the industrial development of such lands, easements or rights in lands, or may lease to any such industrial development agency for a term not exceeding ninety-nine years at a nominal or other rental, as may be determined, any or all lands, easements or rights in lands, together with any improvements, structures or buildings therein or thereon now owned by the county or hereafter acquired by it for the purpose of establishing or enlarging any commercial, industrial or manufacturing enterprise, or research and development center within the county.
(b) Any instrument of sale, lease or other agreement made pursuant to this section may contain provisions regulating the uses of lands, buildings and structures for trade, industry, manufacture, research, residence, recreation, water supply, public activities or other purposes.
(2506.1 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2506.2. Authority to Sell Certain Real Property and Personal Property as a Single Unit.--Notwithstanding any other provisions of law, whenever the board of commissioners determines that the continued ownership and operation of an institution for the care of dependents is economically unfeasible, the county commissioners may sell the real property belonging to the county and being used for such purposes, together with all of the contents of personal property used in connection with and incidental to the operation of the institution, as a single unit. Any such sale of real property and personal property as a single unit shall be deemed a sale of real property only and shall comply only with the provisions of this act relating to the sale of real property.
(2506.2 added Nov. 30, 2004, P.L.1439, No.186)
Section 2507. Conveyance and Lease of Real Estate.--The commissioners shall make and acknowledge a deed or lease of any real estate belonging to the county which they are authorized to sell or lease, under their hands and seals as commissioners, with the seal of the county attached, and the same shall be a good and lawful conveyance in fee simple or lease.
Section 2508. Conveyances to General State Authority.--The county may grant, assign and convey to the General State Authority, with or without consideration, any lands, easements or rights in lands, together with any improvements, buildings or structures therein or thereon, now owned by such county or hereafter acquired by it, needed or convenient as a site for a county courthouse, or may lease to the Authority, for a term not exceeding ninety-nine years, at a nominal or such other rental as may be determined, any or all such lands, easements or rights in lands, together with any improvements, structures or buildings therein or thereon.
Section 2509. Leasing from General State Authority.--The county may enter into contracts with the General State Authority to lease as lessee from the Authority any county courthouse or any improvement thereto and the furnishings and equipment thereof, constructed by the Authority, for a term not exceeding thirty years, at such rental or rentals as may be determined by the Authority. Upon the completion of such county courthouse or improvements and the furnishings and equipment thereof, the county may lease the same as lessee from the Authority for a term, not exceeding thirty years, at such rental or rentals as may be determined by the Authority.
Section 2510. Acquisition of Lands for Conveyance to General State Authority.--The county may acquire lands or interests in lands by purchase, gift or condemnation, which may be required to carry out the purposes of the two sections immediately preceding.
Section 2511. Sale of Personal Property; Demolition and Removal of County Buildings.--(a) (1) The county commissioners may sell at private sale any county owned personal property valued by the controller at not more than one thousand dollars ($1,000), or at public sale, under conditions prescribed by the commissioners, any county owned personal property valued in excess of that amount.
(2) The provisions of this section shall be construed to allow:
(i) County property to be traded in or exchanged for new personal property.
(ii) The sale of personal property with real property as a single unit.
(b) Whenever any county owned building is deemed by the county commissioners to be no longer suitable for use by the county, they may cause it to be demolished or removed from its location by such means or in such manner as they deem to be in the public interest.
(2511 amended Nov. 30, 2004, P.L.1439, No.186)
(c) Construction or Alteration of County
Buildings
Section 2515. Authority for Constructing County Buildings.--Whenever the board of commissioners are authorized and required to erect a courthouse, jail or other county building, they shall submit the plans and specifications adopted by them to the court of common pleas for its approval. Upon approval, the county commissioners shall let the work by contract to the lowest responsible bidder, in accordance with the provisions of this act.
Section 2516. Right to Build on Public Squares.--Whenever the courthouse, jail or other building of the county is located upon a public square or common in the city, borough or township, then being the county seat, and a new building is authorized and required to be erected in place of such courthouse, jail or other building, the board of county commissioners may erect such new building upon any other of the public squares or commons of said city, borough or township, or upon any part thereof, if the council of the city, borough or township shall have first consented to such new location for said building.
Section 2517. Separate Specifications and Contracts for Certain Items.--(a) In the preparation of specifications for the erection, construction and alteration of any public building, when the entire cost of such work shall exceed the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 112, the architect, engineer or other person preparing such specifications shall prepare separate specifications for the plumbing, heating, ventilating and electrical work. The board of commissioners shall receive separate bids upon each of the said branches of work and award the contract for the same to the lowest responsible bidder for each of said branches. ((a) amended Nov. 3, 2011, P.L.360, No.89)
(b) Notwithstanding the separate specification provisions of subsection (a), an authority organized under the act of August 23, 1967 (P.L.251, No.102), known as the Economic Development Financing Law, which is engaged to erect, construct or alter a public purpose facility for the county may elect to use an alternative contracting procedure as follows:
(1) The authority may, in its sole discretion, elect to use an alternative contracting procedure for a project involving selected public purpose facilities. If the authority elects to utilize an alternative contracting procedure, its board shall adopt a resolution that the use of an alternative contracting procedure is the most efficient, economical and timely method to proceed with a project. Upon adoption of a resolution, the authority shall request written proposals from proposers for a project involving selected public purpose facilities under an alternative contracting method. In its request for proposals, the authority shall include such terms, conditions and requirements which it deems necessary to protect the authority and the interests of the public.
(2) In reviewing and evaluating the proposals for a project involving selected public purpose facilities, the authority shall, in addition to compliance with the terms, conditions and requirements set forth in the request for proposals, consider the following criteria:
(i) the cost of the project;
(ii) experience of the proposer;
(iii) adherence to the act of March 3, 1978 (P.L.6, No.3), known as the Steel Products Procurement Act;
(iv) adherence to prevailing wage laws and other work force standards; and
(v) commitment to enter into voluntary contracts with disadvantaged business enterprises. After due consideration of proposals under the criteria described in this paragraph, the authority may, in its discretion, upon recommendation of its designee or project end user, select a proposal and award a contract to a responsible proposer under an alternative contracting procedure. The award of a contract for the project need not be awarded to the lowest priced proposer.
(3) Any contract awarded under this subsection shall be exempt from the act of May 1, 1913 (P.L.155, No.104), entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings," or from any subsequent enactment or reenactment of substantially similar separate bid specification requirements.
(4) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
(i) Alternative contracting procedure. A procedure under which a proposer would be responsible for all aspects or phases necessary to achieve the development of a parcel of property. Such aspects or phases of development may include, but not necessarily be limited to, the planning, design, finance, construction and management of property.
(ii) Design/build contract. A construction contract in which the contractor is responsible for both the design and construction of any public structure, building or other public improvement of any kind to any public real property.
(iii) Proposer. A firm, organization, or company or a combination of firms, organizations or companies acting as a partnership, joint venture, consortium or similar joint relationship with sufficient knowledge, expertise and experience in design/build contracts.
(iv) Project or project involving a selected public purpose facility. The demolition, modification and construction of a building or group of buildings with related facilities formerly owned by a county and previously used as a jail or office facility.
(v) Project end user. The governmental body or entity that will use the selected public purpose facility under a contract or lease with the authority.
(2517 amended Dec. 9, 2002, P.L.1383, No.170)
Compiler's Note: Section 6 of Act 89 of 2011, which amended subsec. (a), provided that Act 89 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 6.
Section 2518. Additional Bond to Protect Labor and Materialmen on Contracts.--(a) (Deleted by amendment)
(b) (Deleted by amendment)
(c) (Deleted by amendment)
(d) (Deleted by amendment)
(e) Unless covered under the bonding requirements of the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," for construction contracts awarded for amounts between twenty-five thousand dollars ($25,000) and one hundred thousand dollars ($100,000), the successful bidder shall furnish a bond guaranteeing performance of the contract, in an amount as determined by the board of commissioners at the time of advertising for bids which shall be not less than ten per centum nor more than one hundred per centum of the amount of the contract, within thirty (30) days after the contract is awarded. When a construction contract is awarded in excess of one hundred thousand dollars ($100,000), the following bonds shall be delivered to the county and shall be binding on the parties upon the execution of the contract:
(1) A performance bond executed by a surety company authorized to do business in this Commonwealth and made payable to the county in an amount as determined by the county commissioners at the time of advertising for bids which shall be not less than fifty per centum nor more than one hundred per centum of the price specified in the contract and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract.
(2) A payment bond executed by a surety company authorized to do business in this Commonwealth and made payable to the county in an amount equal to one hundred per centum of the price specified in the contract and conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the prosecution of the work. Labor or materials include public utility services and reasonable rentals of equipment for the periods when the equipment is actually used at the site.
(f) A performance bond shall be solely for the protection of the county. A payment bond shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded or to any of its subcontractors in the prosecution of the work provided for in the contract, whether or not the labor or materials constitutes a component part of the construction.
(g) Nothing in this section shall be construed to limit the authority of the commissioners to require a performance bond, payment bond or other security in addition to those bonds or in circumstances other than specified in subsection (e).
(h) Actions on payment bonds shall be pursuant to the following:
(1) Subject to paragraph (2), any claimant who has performed labor or furnished material in the prosecution of the work provided for in any contract for which a payment bond has been given under subsection (e) and who has not been paid in full before the expiration of ninety (90) days after the day on which the claimant performed the last of the labor or furnished the last of the materials for which it claims payments may bring an action on the payment bond in its own name, in assumpsit, to recover any amount due it for the labor or material and may prosecute the action to final judgment and have execution on the judgment.
(2) Any claimant who has a direct contractual relationship with any subcontractor of the prime contractor who gave the payment bond but has no contractual relationship, express or implied, with the prime contractor may bring an action on the payment bond only if it has given written notice to the contractor within ninety (90) days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which it claims payment, stating with substantial accuracy the amount and the name of the person for whom the work was performed or to whom the material was furnished.
(3) Notice shall be served by registered mail in an envelope addressed to the contractor at any place where its office is regularly maintained for the transaction of business or served in any manner in which legal process may be served in the manner provided by law for the service of a summons except that the service need not be made by a public officer.
(i) The dollar threshold set forth in subsection (e) shall be adjusted annually to reflect the annual percentage change in the Composite Construction Cost Index of the United States Department of Commerce occurring in the one-year period ending December 31 of each year.
(2518 amended Nov. 30, 2004, P.L.1439, No.186)
Compiler's Note: Section 10 of Act 385 of 1967 provided that Act 230 is repealed insofar as it is inconsistent with Act 385.
Section 2519. Compliance with Workmen's Compensation Law.--(a) All contracts executed by the board of commissioners which shall involve the construction or doing of any work involving the employment of labor shall contain a provision that the contractor shall accept, in so far as the work covered by any such contract is concerned, the provisions of the act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act," and any reenactments, supplements or amendments thereto, and that the said contractor will insure his liability thereunder or file with the board of commissioners a certificate of exemption from insurance from the Department of Labor and Industry of the Commonwealth.
(b) The board of commissioners, before signing on behalf of the county any contract, requiring in its performance the employment of labor, shall require proof that the said contractor with whom the contract is made shall have accepted the Workers' Compensation Act and any reenactments, supplements or amendments thereto, and proof that the said contractor has insured his liability thereunder in accordance with the terms of said act or that the contractor has had issued to him a certificate of exemption from insurance from the Department of Labor and Industry.
(c) Any contract executed in violation of the provisions of this section shall be null and void.
(2519 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2520. Restrictions on Letting Contracts to Architects and Engineers.--(2520 repealed Nov. 30, 2004, P.L.1439, No.186)
(d) Policing, Administration and Public
Order of Grounds and Buildings
Section 2525. Buildings and Grounds to be Kept in Order and Repair.--The commissioners shall keep and maintain the public buildings of the county in suitable and convenient order and repair and shall keep the grounds about county buildings in proper condition and appearance.
Section 2526. Watchman and Employes.--The commissioners may appoint one or more officers or watchmen to guard and protect the county buildings and to enforce the provisions of this act and other laws relating thereto. Such officers or watchmen shall have power to arrest on view any person violating the same.
The commissioners shall employ all janitors, firemen, engineers, mechanics, laborers and caretakers of all county buildings and grounds.
Section 2527. Display of Municipal Flags on County Buildings Authorized.--It shall be lawful to display the flag of any county, city, borough or other municipality in the Commonwealth on the public buildings of any county.
Section 2528. Buildings and Improvements of Workhouses and Inebriate Asylums.--The county commissioners are hereby authorized and directed, for the purpose of enabling any corporation and body politic having the control and management of a workhouse and inebriate asylum as established under existing law to acquire lands or buildings or to erect buildings or construct or make any improvements that may be deemed necessary by such corporation, to issue bonds and to sell and dispose of the same in the manner provided by law and pay over the proceeds thereof to the said corporation for any of the purposes aforesaid.
Section 2529. Disorderly Conduct In and About Courthouses and Jails Prohibited.--It is unlawful for any person to cause any outcry or disorder, or be guilty of any indecent or unbecoming conduct tending to disturb the peace and good order, in the county courthouse, jail or other county buildings, or to wilfully or carelessly defile, deface or injure the floors, walls or any other portion of said buildings, or fences or railings surrounding the same, or the carpets, furniture or other articles or things used in or about said buildings, belonging to the county. Any person violating any of the provisions of this section commits a summary offense and, upon conviction, shall make restitution for damages arising therefrom.
(2529 amended Nov. 30, 2004, P.L.1439, No.186)
(e) Special Provisions for Temporary County
Buildings and for Rooms in County Buildings
Section 2535. Temporary Courthouse.--(2535 repealed Apr. 28, 1978, P.L.202, No.53)
Section 2536. Separate Rooms for Women Jurors.--(2536 repealed Apr. 28, 1978, P.L.202, No.53)
Section 2536.1. Scope.--Except as otherwise provided for, this subdivision shall apply only to counties of the second class.
(2536.1 added Oct. 30, 2001, P.L.818, No.80)
Section 2537. Room or Building for Juvenile Offenders Waiting Trial.--The county shall provide, furnish and heat within the county a separate room or rooms or a suitable building to be used exclusively for the confinement of any and all children under the age of sixteen years who may be in custody awaiting trial or hearing in the courts of the county, and provide for the maintenance and care of such children while in custody.
(2537 amended Oct. 30, 2001, P.L.818, No.80)
Section 2538. Management of Houses for Detention of Juveniles; Appointment of Board; Ex-officio Members.--Advisory oversight for the management of houses for the detention and reception of juveniles under the age of sixteen years awaiting trial, hearing or judicial investigation, heretofore or hereafter established under existing law to which this is a supplement or its amendment or under the provision of any other law of the Commonwealth, shall be in a board of advisors consisting of the county chief executive, the county controller, and eight private citizens, three to be appointed by the president judge of the court of common pleas and the other five to be appointed by the county chief executive. The chief executive and the controller may appoint persons to act as their designees for the purpose of attending meetings of the board and the designees shall have the right to vote at such meetings. The private citizen members of the board shall not be officers or employes of the county. The members of the board or boards of managers existing in the county shall remain as members of the board or boards of advisors created herein until the expiration of the terms to which they were respectively appointed. Annually thereafter, they or their successors shall be appointed for a term of three years. Vacancies occurring in the membership of the board shall be filled for the unexpired term by the county chief executive or the president judge of the court of common pleas depending upon who originally appointed the board member. The members of the board shall serve without compensation.
(2538 amended Oct. 30, 2001, P.L.818, No.80)
Compiler's Note: Section 8 of Act 80 of 2001, which amended section 2538, provided that actions taken prior to the effective date of Act 80 by the board constituted under section 2538 are hereby ratified.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 2538 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(b) (relating to equality of rights based on sex).
Section 2539. Appointment and Compensation of Employes.--The county manager may appoint a director and such additional staff members as may be necessary, whose salaries shall be paid by the county. The number and compensation of such employes shall be fixed by the county manager.
(2539 amended Oct. 30, 2001, P.L.818, No.80)
Section 2540. Annual Report; Expenses.--The board of advisors shall annually report to the county manager and Department of Budget and Finance, on or before the first day of September, the amount of money recommended for the maintenance of such house or houses of detention. The county council shall make an annual appropriation for the payment of the expenses of administering such house or houses of detention. Expenses incurred in the performance of duties by the board of advisors shall be itemized and presented with vouchers to the county controller for payment, and a semi-annual report thereof shall be made to the county chief executive and county council. All expenses in connection with the management and administration of any such house of detention shall be paid by the county in the manner provided by law for the payment of county obligations.
(2540 amended Oct. 30, 2001, P.L.818, No.80)
Section 2541. Appropriation and Bond Issues.--The county council shall have power and authority, for the purpose of housing such children, to appropriate money from the public funds or to issue bonds in the manner provided by law for the purchase of lands or erecting, constructing and equipping a building or buildings thereon.
(2541 amended Oct. 30, 2001, P.L.818, No.80)
Section 2542. Rooms for Justices and Judges.--(2542 repealed Apr. 28, 1978, P.L.202, No.53)
Section 2543. Furnishing Rooms for Meetings of Certain Veterans and of Sons of Veterans.--(a) The commissioners may in their discretion, upon application therefor, furnish to each organization composed of veterans of the Spanish-American War, veterans of World War I and of World War II, or of any other war in which the United States engaged, and Sons of Union Veterans, a room or rooms in any public building of such county, sufficient for the meeting of each of such organizations at least once each month.
(b) This section shall apply to counties of the second class and second class A.
(2543 amended Oct. 30, 2001, P.L.818, No.80)
(e.1) Special Provisions for Temporary County Buildings
and for Rooms in County Buildings in Counties of the
Second Class A
(Hdg. added Oct. 30, 2001, P.L.818, No.80)
Section 2543.1. Scope.--This subdivision shall apply only to counties of the second class A.
(2543.1 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.2. Room or Building for Juvenile Offenders Waiting Trial.--The commissioners shall provide, furnish and heat within the county a separate room or rooms or a suitable building to be used exclusively for the confinement of any and all children under the age of sixteen years who may be in custody awaiting trial or hearing in the courts of the county and provide for the maintenance and care of such children while in custody.
(2543.2 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.3. Management of Houses for Detention of Juveniles; Appointment of Board; Ex-officio Members.--The management of houses for the detention and reception of juveniles under the age of sixteen years awaiting trial, hearing or judicial investigation, heretofore or hereafter established under existing law to which this is a supplement or its amendment or under the provision of any other law of the Commonwealth, shall be in a board of managers consisting of three county commissioners, the county controller, and six private citizens, three to be appointed by the president judge of the court of common pleas and the other three to be appointed by the chairman of the board of county commissioners. The commissioners and the controller may appoint persons to act as their designees for the purpose of attending meetings of the board, and the designees shall have the right to vote at such meetings. The private citizen members of the board shall not be officers or employes of the county. The members of the board or boards of managers existing in the county shall remain as members of the board or boards of managers created herein until the expiration of the terms to which they were respectively appointed. Annually thereafter, they or their successors shall be appointed for a term of three years. Vacancies occurring in the membership of the board shall be filled for the unexpired term by the chairman of the board of county commissioners or the president judge of the court of common pleas depending upon who originally appointed the board member. The members of the board shall serve without compensation.
(2543.3 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.4. Appointment and Compensation of Employes.--The board of managers may appoint a superintendent and such additional staff members as may be necessary, whose salaries shall be paid by the county. The number and compensation of such employes shall be fixed by the salary board of the county.
(2543.4 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.5. Annual Report; Expenses.--The board of managers shall annually report to the county commissioners, on or before the first day of November, the amount of money required for the maintenance of such house or houses of detention. The county commissioners shall make an annual appropriation to the board of managers for the payment of the expenses of administering such house or houses of detention. Expenses incurred in the performance of duties by the board of managers shall be itemized and presented with vouchers to the county commissioners for payment, and a semi-annual report thereof shall be made to the county commissioners. All expenses in connection with the management and administration of any such house of detention shall be paid by the county in the manner provided by law for the payment of county obligations.
(2543.5 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.6. Appropriation and Bond Issues.--The county commissioners shall have power and authority, for the purpose of housing such children, to appropriate money from the public funds or to issue bonds in the manner provided by law for the purchase of lands or erecting, constructing and equipping a building or buildings thereon.
(2543.6 added Oct. 30, 2001, P.L.818, No.80)
(f) Improvement of Streets Along County
Buildings; Street Lighting
Section 2545. Joining With Municipality in Improving Certain Streets and Highways.--(a) The board of commissioners of the county may erect public buildings in any municipality. The county may join with the proper authorities of such municipality in the grading, regrading, paving, re-paving and improvement of so much of the streets and highways as are in, upon or alongside of the grounds upon which said public buildings stand.
(b) The commissioners may enter into contract with any such municipality for the payment of a just proportion of the expense of said grading, re-grading, paving, re-paving and improvement of said streets and highways, and may appropriate from the county treasury sufficient funds for this purpose. They may act with any committee or committees which may be appointed by such municipality to establish grades, determine the kind and quality of paving materials to be used, and ratify the contracts entered into by said municipality in the course of said improvements.
(c) No obligation shall rest upon the county for any proportion of the expenses of such improvements until the selection of grades and paving materials and the acceptance of bids by said municipality shall have been ratified by the board of commissioners.
(2545 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2546. Ornamental Illumination.--(a) Whenever the courthouse, jail, workhouse or other public building of the county abuts upon the street of a city or borough which is the county seat and which shall provide for the ornamental illumination of that section of the street whereon the county building abuts, the county commissioners of the county may appropriate moneys from the county funds towards the installation of such ornamental illumination.
(b) The appropriation by the county commissioners of the county for such purpose shall not exceed the amount that shall be assessed for such ornamental illumination upon owners of an equivalent frontage of property abutting upon said street, measured by the foot front rule.
(g) Comfort Stations, Parks and
Comfort Houses
Section 2550. Parks and Comfort Houses.--(a) The commissioners may purchase land to be used for park purposes or for the erection thereon of public comfort houses. The land purchased for such purposes shall lie within the limits of the county. The county may erect and maintain on the land such buildings as are necessary to fulfill the purpose for which the land was acquired.
(b) The commissioners may adopt reasonable rules and regulations necessary for preservation, management and control of parks and public comfort houses so established and maintained, and provide penalties for the breach thereof. All rules adopted by the board of commissioners shall, before becoming operative, be published once a week for three consecutive weeks in a newspaper of general circulation in the county.
(c) Any person violating any rules so adopted shall be guilty of a summary offense.
(2550 amended Nov. 30, 2004, P.L.1439, No.186)
(h) Monuments and Memorials
Section 2555. Monuments and Memorials to War Veterans.--The commissioners may appropriate money for and provide for the erection of monuments or memorials commemorating the services of any person who has served in the armed forces of the United States or in any women's organization officially connected therewith during any part of any war or armed conflict in which the United States has been or may hereafter be engaged.
(2555 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2556. Assistance to Private or Municipal Agencies.--The commissioners may, in order to prevent duplication, appropriate money to assist any individual, private corporation, city, borough or township in the erection of any monument or memorial for said soldiers, sailors and marines.
(2556 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2557. Erection or Completion of Monuments and Memorials on Petition to Court.--(2557 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2558. Election on Memorial Hall; Purchase or Condemnation of Site.--(2558 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2559. Existing Building May be Used.--If the site so secured has a hall or building already erected thereon which can be altered and improved so as to be made suitable for such memorial hall, the board of commissioners may acquire such site, in manner aforesaid, for the purpose of a memorial hall.
Section 2560. Donations.--For the purpose of aiding in paying the purchase money and price for the site and erection and construction of such memorial hall, voluntary donations and contributions may be accepted by the board of commissioners from individuals, associations and organizations.
Section 2561. Maintenance of Hall.--Such memorial hall shall be and remain the property of and shall be maintained at the expense of the county.
Section 2562. Plan of Hall; Special Rooms to be Provided.--(a) The memorial hall shall be in honor of the soldiers, sailors and marines from the county who served in the Army and Navy of the United States in any war in which the United States has been or may hereafter be engaged. Such memorial halls shall each contain one large assembly room or auditorium for public meetings of the soldiers, sailors and marines of such county, which may be used also for other public meetings and patriotic gatherings by the consent of the board of control herein provided for.
(b) Such memorial hall shall also contain rooms for meetings of posts of the Grand Army of the Republic, encampments of the Union Veterans Legion, commanderies of the Loyal Legion, camps of the Sons of Veterans, Women's Relief Corps, Ladies of the Grand Army of the Republic, chapters of the Daughters of the Revolution, organizations of the Spanish-American War and Philippine insurrection, the American Legion, Veterans of Foreign Wars, and organizations of veterans of all other wars in which the United States has or may be engaged, and also rooms for such committees of public defense and welfare as may be created by the State, or as may be approved by the board of control hereinafter provided for.
(c) Such memorial halls shall also provide room for the display and preservation of relics and trophies of all wars in which the United States has been or may be engaged, photographs, paintings and portraits, busts and statues of the soldiers, sailors and marines of the county, and mural tablets upon which shall be inscribed the names of such soldiers, sailors and marines. Such memorial halls shall also contain waiting and rest rooms with lavatories attached.
Section 2563. Historical Society Room to be Made Fireproof.--The room for the county historical society shall be made as nearly fireproof as possible, and be provided with the proper files and furnishings for preservation and storing of all historical data of the said county with reference to any and all subjects.
Section 2564. Board of Managers.--When heretofore there has been erected in the county a hall as a memorial to the soldiers of any war or wars in which the United States of America was engaged and such hall has been and is maintained by said county under authority of existing laws, such hall shall hereafter be under the control and management of a board of managers. The personnel of such board, the method of selection of the members thereof, and the extent of its authority shall be as hereinafter provided.
Section 2565. Personnel.--The board of managers shall consist of:
(a) Ex-officio members (five): the president judge of the court of common pleas of such county; the judge of said court next oldest in commission; the county commissioners of the county.
(b) Elective members (twenty-three): the elective members shall be filled by the following veterans' organizations out of their membership: (four) by the county organization of the American Legion; (four) by the county organization of the Veterans of Foreign Wars; (three) by the county organizations of the Italian American War Veterans of the United States, Incorporated; (two) by the county organization of the Disabled American Veterans; (ten: one each) by the county organizations of Vietnam Veterans, Incorporated, the American Veterans of World War II, the Jewish War Veterans, the Catholic War Veterans, the Military Order of the Purple Heart, the Paralyzed Veterans of America, the Korean War Veterans Association, the Black Vietnam Veterans Association, the WAVES National Organization and the Military Order of World Wars; within thirty days from the date when this act becomes effective; and they shall certify such election to the secretary of the existing board, whereupon the persons so elected shall be members of the board.
(c) Additional members: the board may extend its membership by adding one member for each group approved under section 2566.
(2565 amended May 20, 1997, P.L.149, No.12)
Section 2566. Vacancies.--Vacancies occurring among the elective members of the board shall be filled by the organization which chose the members whose place it is desired to fill: Provided, however, That whenever it may appear that it is impossible to fill any vacancy in the board caused by the death or resignation of a member thereof because no organization survives to choose such members or no person survives who can qualify for such membership, vacancies so created and existing shall, upon notice from the secretary, be filled by the county organizations of the American Legion and the Veterans of Foreign Wars and the Italian American War Veterans of the United States, Incorporated. That is to say, the first vacancy so caused shall be filled by the county organization of the American Legion, and the second by the county organization of the Veterans of Foreign Wars, and the third by the Italian American War Veterans of the United States, Incorporated, and so on in rotation. If there is a loss of membership on the board or if an additional veterans' group seeks membership on the board, the General Assembly shall consider any veterans' group which applies in writing for membership. The General Assembly may admit a group to membership if all of the following apply:
(1) The group is a chartered non-profit veterans' organization whose goals are relevant to the representation of veterans' organizations and whose membership consists solely of honorably discharged veterans of the armed forces of the United States and all components of the armed forces, including reserve and Pennsylvania National Guard forces.
(2) The group supports and promotes the Constitution of the United States and policies and laws of the United States and this Commonwealth.
(2566 amended May 20, 1997, P.L.149, No.12)
Section 2567. Organization; Powers and Duties of Board.--The organization of the board and its powers and duties and the powers and the duties of the county commissioners and the various courts of the county with respect to such memorial hall and the provisions for the maintenance and repair of such hall shall be and continue as provided under existing law.
Section 2568. Purpose of Hall.--Said memorial hall shall be in memory of the soldiers, sailors and marines from such county who served in the Civil War. It shall also contain one large assembly hall or auditorium for public meetings of the soldiers, sailors and marines of such county, but which may be used for civic purposes or other public meetings. It shall also contain rooms for meetings of the posts of the Grand Army of the Republic, encampments of the Union Veterans Legion, commanderies of the Loyal Legion, posts of United Spanish War Veterans, posts of the American Legion, posts of the Veterans of Foreign Wars, posts of the Italian American War Veterans of the United States, Incorporated, and kindred patriotic organizations. It shall also contain rooms and places for the proper display and preservation of relics and trophies of all such wars, insurrections and expeditions, flags, histories, rosters and records of all such patriotic organizations, regimental and company histories, photographs, paintings and portraits, busts and statues of soldiers, sailors and marines of such county, and mural tablets upon which may be inscribed the names of the soldiers, sailors and marines of such county who served in any such wars, insurrections and expeditions.
(2568 amended June 19, 1961, P.L.463, No.232)
Section 2569. Flagstaff to be Erected; Display of Flag.--A suitable flagstaff shall be erected upon said memorial hall from which shall be displayed the flag of the United States from sunrise to sunset on each and every day of the year.
Section 2570. Purchase or Condemnation of Additional Land; Equipment, Furnishing and Decorating.--In any county in which there has been or may hereafter be erected a memorial hall in honor of the soldiers, sailors or marines from such county who served in any war in which the United States has been or may be hereafter engaged, upon petition of at least fifty (50) citizens to the court of quarter sessions setting forth that it is necessary or desirable to acquire additional land adjoining that upon which said memorial hall is erected to enhance and preserve the beauty and character of said memorial hall and the object had in its erection, or that it is necessary or desirable to equip, furnish and decorate said memorial hall, or both, the court shall lay said petition before the grand jury then or next sitting for their approval. If said petition shall be approved by said grand jury, it shall be certified back to the court. If no exceptions thereto are filed within ten (10) days from the date upon which said petition was certified back to the court, or if exceptions are filed and are dismissed, the court shall confirm said petition absolutely, and thereupon the court may make an order authorizing the board of commissioners to acquire, by purchase or condemnation, such additional land, or to equip, furnish and decorate said memorial hall, or both. The cost to said county of acquiring such additional land shall not exceed a sum equal to one-fourth (1/4) of the total cost of said memorial hall and the land upon which said memorial hall has been erected, and the cost to said county of equipping, furnishing and decorating said memorial hall shall not exceed a sum equal to one-twelfth (1/12) of the total cost of said memorial hall and the land upon which said memorial hall has been erected.
Section 2571. Tax Levy; Increase of Indebtedness.--The board of commissioners may provide the funds with which to pay for the ground purchased or condemned and the erection thereon of a memorial hall, or the acquiring of additional land, or for the equipping, furnishing and decorating of said memorial hall, by the levying and collecting of a tax upon the taxable persons and property within said county, and by increasing the indebtedness of said county according to law, and by issuing and selling bonds. Such bonds shall be payable in not more than ten (10) years from their date, and shall be in such form, upon such terms and in such denominations as the said commissioners may deem best.
Section 2572. Preservation, Maintenance, Repair and Completion of Public Monuments.--The board of commissioners may preserve, maintain and repair any public monument in the county other than in cemeteries, including the enclosed public ground surrounding the monument, and appropriate moneys for such purposes. In any case where any public monument referred to in this section has been partially completed either in construction or payment, the board of commissioners may appropriate money for the purpose of such completion.
(i) Public Auditoriums, Public Libraries,
Public Memorial Buildings and Monuments
Section 2577. Acquiring of Property.--(a) Counties shall have power to take by gift, purchase or acquire through condemnation proceedings, property for the purpose of erecting thereon public auditoriums, public libraries, public memorial buildings and monuments.
All proceedings for the condemnation of any property under the provisions of this section shall be in the manner and subject to the restrictions and procedure provided by law.
(b) Counties may appropriate money from the public funds or by issuance of bonds in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the erection on said property taken, purchased or acquired through condemnation proceedings, public auditoriums, public libraries, public memorial buildings and monuments. They may appropriate moneys for the operation and maintenance of such public auditoriums, public libraries, memorials, buildings and monuments. ((b) amended Nov. 30, 2004, P.L.1439, No.186)
Section 2578. Rental of Auditoriums.--Counties, in case of public auditoriums, may charge a rental for the use of said auditoriums. All moneys derived from rental of said auditoriums shall first be devoted to the maintenance of said auditorium, and any annual balance accruing therefrom shall be turned over to the county funds for the general uses and purposes of said county.
Section 2579. Consent of City or Borough.--(2579 repealed Nov. 30, 2004, P.L.1439, No.186)
(j) Orphans' and Childrens' Homes
Section 2583. Donations to Orphans' or Childrens' Homes.--The board of commissioners may receive from time to time donations, gifts, legacies, endowments, devises and conveyance or conveyances of property, real or personal, that may be given or granted for the use and purpose of providing a home within the county for the keeping and care of indigent orphans and children dependent upon the public of such county for support.
Section 2584. Management and Control of Orphans' Home.--Any such orphans' home shall be under the management and control of the board of commissioners of the county, and they are hereby authorized to appoint a superintendent and such assistants as may be necessary to properly conduct the affairs of such home.
Section 2585. Admission to Home.--Indigent orphans and children shall be committed to any such home on order of the board of commissioners.
Section 2586. Maintenance of Children's Home.--When any property has been given or granted to any such county for a children's home and a home is duly established, the county may thereafter appropriate from the county funds moneys for the support and maintenance of such orphans and children and for the payment of the salary of the superintendent and his assistants.
(k) Morgues
Section 2590. Authority to Provide; Approval.--The county commissioners of each county may buy or lease land and construct and maintain thereon, at the expense of the county, a morgue for the reception and care of the bodies of all unclaimed deceased persons upon whom it may be necessary to hold a coroner's inquest and such other bodies as the coroner of the county may, by written order, direct to be received therein. The location of such morgue shall be determined by the county commissioners, subject to the approval of the coroner of the county.
(2590 amended Nov. 30, 2004, P.L.1439, No.186)
(l) Warehouses
Section 2595. Acquisition of Property for Warehouse Purposes.--(a) It shall be lawful for and the right and power is hereby conferred upon the county to enter upon, take, use and appropriate by the right of eminent domain, and to acquire by purchase, lease, gift, devise or otherwise, private property for the purpose of erecting thereon a suitable building or buildings for warehouses for the housing of machinery, tools, equipment, vehicles and the storage of materials for the maintenance of roads, highways, bridges and tunnels, whenever the county commissioners thereupon shall, by resolution, determine thereon.
(b) The compensation and damages, when not agreed upon, shall be ascertained, determined, awarded and paid in a manner provided in this act.
(c) In every case of the taking of private property by eminent domain thereunder, the county shall acquire the entire title, either in fee or otherwise, held by the owner or owners of said property, or of any interest therein.
(d) For the purpose of acquiring such property and the erection thereon of the buildings aforesaid, the county commissioners may borrow money and issue bonds therefor in accordance with present or future laws relating to the issuance of bonds for roads, highways, tunnels and bridges.
ARTICLE XXV-A
SPORTS AND EXHIBITION AUTHORITY
(Art. added Oct. 30, 2000, P.L.616, No.85)
Section 2501-A. Short Title.--This article shall be known and may be cited as the Sports and Exhibition Authority Act.
(2501-A added Oct. 30, 2000, P.L.616, No.85)
Section 2502-A. Definitions.--The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Authority." A body politic and corporate created pursuant to this article.
"Board." The governing body of the Authority.
"Bonds." Notes, bonds and other evidence of indebtedness or obligations which the Authority is authorized to issue pursuant to section 2505-A.
"City." A city of the second class which is located in a county of the second class.
"Construct." To acquire and to construct, all in such manner as may be deemed desirable.
"Construction." Acquisition and construction.
"County." A county of the second class in which a city of the second class is located.
"Federal agency." The United States of America, the President of the United States of America and any department or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States of America.
"Improve." To enlarge and to improve, all in such manner as may be deemed desirable.
"Improvement." Enlargement and improvement.
"Municipal authorities." The governing bodies of the county or the council of the city.
"Municipality." Any county, city, town, borough, township or school district of the Commonwealth.
"Project." Any structure, facility or undertaking which the Authority is authorized to acquire, construct, improve, maintain or operate under the provisions of this article.
"Public auditorium." Any structure appropriate for large public assemblies, the holding of conventions, sporting tournaments, athletic contests and exhibitions, musical and dramatic performances and other business, social, cultural, scientific and recreational events and all facilities necessary or incident thereto, including provisions for adequate off-street parking. Nothing herein contained shall be construed to prohibit the constructing, on sites acquired adjacent to and in connection with such structures and facilities, of improvements, buildings and other structures for the purpose of producing revenues to assist in defraying the costs of operation, maintenance and debt service of the project.
(2502-A added Oct. 30, 2000, P.L.616, No.85)
Section 2503-A. Method of Incorporation.--(a) Whenever the municipal authorities of any county or of any city, singly or jointly (including a county-city joinder), shall desire to organize an Authority under this article, they shall adopt a resolution or ordinance signifying their intention to do so. Thereafter, the municipal authorities of such county or city shall cause a notice of such resolution or ordinance to be published at least one time in the legal periodical of the county or counties in which such Authority is to be organized and at least one time in a newspaper published and of general circulation in such county or counties. Said notice shall contain a brief statement of the substance of said resolution or ordinance, including the substance of the proposed articles of incorporation, making reference to this article, and shall state that on a day certain, not less than three (3) days after publication of said notice, articles of incorporation of the proposed Authority will be filed with the Secretary of the Commonwealth. No county or city shall be required (any law to the contrary notwithstanding) to make any other publication of such resolution or ordinance under the provision of existing law. The aforesaid publication of such notice shall be sufficient compliance with such laws.
(b) On or before the day specified in said notice, the municipal authorities shall file with the Secretary of the Commonwealth articles of incorporation, together with proof of publication of the notice as aforesaid. Said articles of incorporation shall set forth the name of the Authority; a statement that such Authority is formed under this article; the name of the incorporating city or county, together with the names and addresses of its municipal authorities; and the names, addresses and term of office of the first members of the board of said Authority. If a joint authority, the articles shall specify which members are to be appointed by the respective county or city. All of which matter shall be determined in accordance with the provisions of this article. Said articles of incorporation shall be executed by each incorporating city or county by its proper officers and under its municipal seal.
(c) If the Secretary of the Commonwealth finds that the articles of incorporation conform to law, he shall forthwith, but not prior to the day specified in the aforesaid notice, endorse his approval thereon and, when all proper fees and charges have been paid, shall file the articles and issue a certificate of incorporation to which shall be attached a copy of the approved articles. Upon the issuance of such certificate of incorporation by the Secretary of the Commonwealth, the corporate existence of said Authority shall begin. Said certificate of incorporation shall be conclusive evidence of the fact that such Authority has been incorporated, but proceedings may be instituted by the Commonwealth to dissolve any Authority which shall have been formed without substantial compliance with the provisions of this section.
(d) When the Authority has been organized and its officers elected, the secretary shall certify to the Secretary of the Commonwealth the names and addresses of its officers as well as the principal office of the Authority. Any change in the location of the principal office shall likewise be certified to the Secretary of the Commonwealth within ten (10) days after such change.
(2503-A added Oct. 30, 2000, P.L.616, No.85)
Section 2504-A. Amendment of Articles.--(a) An Authority, in the manner hereinafter provided, may from time to time amend its articles:
(1) To adopt a new name.
(2) To add a provision therein increasing its term of existence to a date not exceeding fifty (50) years from the date of approval of the articles of amendments or to modify any provision thereof limiting its terms of existence by increasing such term to such a date.
(3) To reapportion the representation on the board of the Authority and to revise the terms of office of such members, all in such manner as shall not be inconsistent with the provisions of section 2508-A.
(b) Every amendment to the articles shall first be proposed by the board by the adoption of a resolution setting forth the proposed amendment and directing that it be submitted to the municipal authorities of the county or city composing the Authority. The resolution shall contain the language of the proposed amendment to the articles by providing that the articles shall be amended so as to read as therein set forth in full, or that any provision thereof be amended so as to read as therein set forth in full, or that the matter stated in the resolution be added to or stricken from the articles. After the amendments have been submitted to the county or city, such county or city shall adopt or reject such amendment by resolution or ordinance.
(c) After an amendment has been adopted by the county or city, articles of amendment shall be executed under the seal of the Authority and verified by two duly authorized officers of the corporation and shall set forth:
(1) The name and location of the registered office of the Authority.
(2) The act of assembly under which the Authority was formed and the date when the original certificate of incorporation was issued.
(3) The resolution or ordinance of the county or city adopting the amendment.
(4) The amendment adopted by the county or city, which shall be set forth in full.
(d) The Authority shall advertise its intention to file articles of amendment with the Secretary of the Commonwealth in the manner prescribed in section 2503-A in the case of the formation of an Authority. Advertisements shall appear at least three (3) days prior to the day upon which the articles of amendment are presented to the Secretary of the Commonwealth and shall set forth briefly:
(1) The name and location of the registered office of the Authority.
(2) A statement that the articles of amendment are to be filed under the provisions of this article.
(3) The nature and character of the proposed amendment.
(4) The time when the articles of amendment will be filed with the Secretary of the Commonwealth.
(e) The articles of amendment and proof of the advertisement heretofore required shall be delivered by the Authority or its representative to the Secretary of the Commonwealth. If the Secretary of the Commonwealth finds that such articles conform to law, he shall forthwith, but not prior to the day specified in the advertisement required heretofore, endorse his approval thereon and, when all fees and charges have been paid, shall file the articles and issue to the Authority or its representative a certificate of amendment to which shall be attached a copy of the approved articles.
(2504-A added Oct. 30, 2000, P.L.616, No.85)
Section 2505-A. Purposes and Powers; General.--(a) Every Authority incorporated under this article shall be a public body, corporate and politic, exercising public powers of the Commonwealth as an agency thereof, and shall be for the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, public auditoriums, the purpose and interest of this article being to benefit the people of the Commonwealth by, among other things, increasing their commerce and prosperity and promoting their educational, cultural, physical, civic, social and moral welfare.
(b) Every Authority is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of the aforesaid purpose, including, but without limiting the generality of the foregoing, the following rights and powers:
(1) To have existence for a term of fifty (50) years and for such further period or periods as may be provided in articles of amendment approved under section 2504-A hereof.
(2) To sue and be sued, implead and be impleaded, complain and defend in all courts.
(3) To adopt, use and alter at will a corporate seal.
(4) To acquire, purchase, hold, receive, lease as lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purpose of the Authority, and to sell, lease as lessor, permit the use of, transfer and dispose of any property or interest therein or any project or part thereof, at any time acquired or constructed by it.
(5) To acquire by purchase, lease or otherwise and to construct, improve, maintain, repair and operate projects.
(6) To make bylaws for the management and regulation of its affairs.
(7) To appoint agents, employes and servants, to prescribe their duties and to fix their compensation.
(8) To fix, alter, charge and collect rentals, admissions, license fees and other charges for the purpose of providing for the payment of the expenses of the Authority, the construction, improvement, repair, maintenance and operation of its facilities and properties, the payment of the principal of and interest on its obligations and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations or with the incorporating county or city.
(9) To borrow money, make and issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations (herein called "bonds") of the Authority, said bonds to have a maturity date not longer than forty (40) years from the date of issue, except that no refunding bonds shall have a maturity date later than the life of the Authority, and to secure the payment of such bonds or any part thereof by pledge or deed of trust of all or any of its revenues and receipts and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the Authority shall deem advisable, and, in general, to provide for the security for said bonds and the rights of the holders thereof.
(10) To make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its business.
(11) Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases, licenses or other transactions with, any Federal agency, the Commonwealth, municipality, private person, association, partnership, corporation or authority created under this or any other act of the General Assembly of Pennsylvania.
(12) To have the power of eminent domain.
(13) To pledge, hypothecate or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of the obligations of the Authority.
(14) To do all acts and things necessary or convenient for the promotion of its business and the general welfare of the Authority to carry out the powers granted to it by this article or any other acts.
(15) To enter into contracts of group insurance for the benefit of its employes and to set up a retirement or pension fund for such employes.
(c) The Authority shall have no power at any time or in any manner to pledge the credit or taxing power of the Commonwealth or any political subdivision, nor shall any of its obligations be deemed to be obligations of the Commonwealth or of any of its political subdivisions, nor shall the Commonwealth or any political subdivision thereof be liable for the payment of principal of or interest on such obligations.
(2505-A added Oct. 30, 2000, P.L.616, No.85)
Section 2506-A. Purposes and Powers; Bonds.--(a) The bonds of any Authority hereinabove referred to and authorized to be issued shall be authorized by resolution of the board thereof and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty (40) years from their respective dates, bear interest at such rate or rates payable semi-annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five per centum of the principal amount thereof and be entitled to such priorities in the revenues or receipts of such Authority as such resolution or resolutions may provide. The bonds shall be signed by such officers as the Authority shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the Authority, all as may be prescribed in such resolution or resolutions. Any such bonds may be issued and delivered notwithstanding that one or more of the officers signing such bonds or the treasurer whose facsimile signature shall be upon the coupon or any thereof shall have ceased to be such officer or officers at the time when such bonds shall actually be delivered.
(a.1) Said bonds may be sold at public or private sale for such price or prices as the Authority shall determine. Pending the preparation of the definitive bonds, interim receipts may be issued to the purchaser or purchasers of such bonds and may contain such terms and conditions as the Authority may determine.
(b) Any resolution or resolutions authorizing any bonds may contain provisions, which shall be part of the contract with the holders thereof, as to all of the following:
(1) Pledging the full faith and credit of the Authority, but not of the Commonwealth or a political subdivision, for such obligations or restricting the same to all or any of the revenues of the Authority from all or any projects or properties.
(2) The construction, improvement, operation, extension, enlargement, maintenance and repair of the project and the duties of the Authority with reference thereto.
(3) The terms and provisions of the bonds.
(4) Limitations on the purposes to which the proceeds of the bonds then or thereafter to be issued or of any loan or grant by the United States may be applied.
(5) Admissions, rentals and other charges for use of the facilities of the Authority.
(6) The setting aside of reserves or sinking funds and the regulation and disposition thereof.
(7) Limitations on the issuance of additional bonds.
(8) The terms and provisions of any deed of trust or indenture securing the bonds or under which the same may be issued.
(9) Any other or additional agreements with the holders of the bonds.
(c) Any Authority may enter into any deeds of trust, indentures or other agreements with any bank or trust company or other person or persons in the United States having power to enter into the same, including any Federal agency, as security for such bonds, and may assign and pledge all or any of the revenues or receipts of the Authority thereunder. Such deed of trust, indenture or other agreement may contain such provisions as may be customary in such instruments or as the Authority may authorize, including, but without limitation, provisions as to the construction, improvement, operation, maintenance and repair of any project and the duties of the Authority with reference thereto; the application of funds and the investing and safeguarding of funds on hand or on deposit, including provisions for the investing and deposit of funds in or secured by such obligations as may be lawful for investment by executors, administrators, guardians, trustees and other fiduciaries under the laws of this Commonwealth; the rights and remedies of said trustee and the holders of the bonds, which may include restrictions upon the individual right of action of such bondholders; and the terms and provisions of the bonds or the resolutions authorizing the issuance of the same. Said bonds shall have all the qualities of negotiable instruments under 13 Pa.C.S. Div. 3 (relating to negotiable instruments).
(2506-A added Oct. 30, 2000, P.L.616, No.85)
Section 2507-A. Remedies of Bondholders.--(a) The rights and the remedies herein conferred upon or granted to the bondholders shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions providing for the issuance of bonds or by any deed of trust, indenture or other agreement under which the same may be issued. In the event that the Authority shall default in the payment of principal or interest on any of the bonds after the said principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days or in the event that the Authority shall fail or refuse to comply with the provisions of this article or shall default in any agreement made with the holders of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds then outstanding, by instrument or instruments filed in the office of the recorder of deeds of the county and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bondholders for the purpose herein provided.
(b) Such trustee and any trustee under any deed of trust, indenture or other agreement may, and upon written request of the holders of twenty-five per centum (or such other percentage as may be specified in any deed of trust, indenture or other agreement aforesaid) in principal amount of the bonds then outstanding shall, in his or its own name:
(1) by mandamus or other suit, action or proceeding, at law or in equity, enforce all rights of the bondholders, including the right to require the Authority to collect rents, rentals and other charges adequate to carry out any agreement as to or pledge of the revenues or receipts of the Authority and to require the Authority to carry out any other agreements with or for the benefit of the bondholders and to perform its and their duties under this article;
(2) bring suit upon the bonds;
(3) by action or suit in equity, require the Authority to account as if it were the trustee of an express trust for the bondholders;
(4) by action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the right of the bondholders; or
(5) by notice in writing to the Authority, declare all bonds due and payable, and if all defaults shall be made good, then with the consent of the holders of twenty-five per centum (or such other percentage as may be specified in any deed of trust, indenture or other agreement aforesaid) of the principal amount of the bonds then outstanding, to annul such declaration and its consequences.
(c) The court of common pleas of the county shall have jurisdiction of any suit, action or proceedings by the trustee on behalf of the bondholders. Any trustee, when appointed as aforesaid or acting under a deed of trust, indenture or other agreement and whether or not all bonds have been declared due and payable, shall be entitled as of right to the appointment of a receiver who may enter and take possession of the facilities of the Authority or any part or parts thereof, the revenues or receipts from which are or may be applicable to the payment of the bonds so in default, and operate and maintain the same and collect and receive all rentals and other revenues thereafter arising therefrom in the same manner as the Authority or the board might do, and shall deposit all such moneys in a separate account and apply the same in such manner as the court shall direct. In any suit, action or proceeding by the trustee, the fees, counsel fees and expenses of the trustee and of the receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any revenues and receipts derived from the facilities of the Authority, the revenues and receipts from which are or may be applicable to the payment of the bonds so in default. Said trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bondholders in the enforcement and protection of their rights.
(d) Nothing in this section or any other section of this article shall authorize any receiver appointed pursuant to this article for the purpose of operating and maintaining any facilities of the Authority to sell, assign, mortgage or otherwise dispose of any of the assets, of whatever kind and character, belonging to the Authority. It is the intention of this article to limit the powers of such receiver to the operation and maintenance of the facilities of the Authority as the court shall direct, and no holder of bonds of the Authority nor any trustee shall ever have the right in any suit, action or proceedings, at law or in equity, to compel a receiver, nor shall any receiver ever be authorized or any court be empowered to direct the receiver, to sell, assign, mortgage or otherwise dispose of any assets, of whatever kind or character, belonging to the Authority.
(2507-A added Oct. 30, 2000, P.L.616, No.85)
Section 2508-A. Governing Body.--(a) The powers of each Authority shall be exercised by a board:
(1) The board shall be composed of seven members, all of whom must be residents of the county organizing the Authority or the county wherein the city organizing the Authority is located.
(2) The county executive or the mayor of the city shall appoint the members of the board.
(3) A member who serves on the board under the act of July 29, 1953 (P.L.1034, No.270), known as the "Public Auditorium Authorities Law," shall continue to serve until the conclusion of the member's term.
(4) Vacancies created under this section on a joint county-city Authority shall be filled by appointment of one member by the county executive and by appointment of one member by the mayor of the city. The initial terms of members appointed under this paragraph shall commence on January first next succeeding the effective date of this article. The initial terms of members appointed under this paragraph shall be: one member appointed by the mayor shall serve for five (5) years and one member appointed by the county executive shall serve for four (4) years.
(5) When a vacancy has occurred or is about to occur by reason of the expiration of the term of any member, the county executive or mayor, as the case may be, shall appoint a member of the board for a term of five (5) years to succeed the member whose term has expired or is about to expire.
(6) Appointments, in the case of a joint county-city Authority, shall be apportioned in the following manner: three members to be appointed by the county executive; three members to be appointed by the mayor; and the seventh member to be appointed by concurring action of the county executive and the mayor. Members of the board may be removed at the will of the appointing power, and, in the case of a joint county-city Authority, the seventh member may be removed at will by either of the appointing powers.
(b) Members shall hold office until their successors have been appointed and may succeed themselves. A member shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. If a vacancy shall occur by reason of the death, disqualification, resignation or removal of a member, the appointing power shall appoint a successor to fill his unexpired term.
(c) The members of the board shall select from among themselves a chairman, a vice chairman and such other officers as the board may determine. The board may employ a secretary, an executive director, its own counsel and legal staff and such technical experts and such other agents and employes, permanent or temporary, as it may require, and may determine the qualifications and fix the compensation of such persons. Four members of the board shall constitute a quorum for its meetings. Members of the board shall not be liable personally on the bonds or other obligations of the Authority, and the rights of creditors shall be solely against such Authority. The board may delegate to one or more of its agents or employes such of its powers as it shall deem necessary to carry out the purposes of this article, subject always to the supervision and control of the board. The board shall have full authority to manage the properties and business of the Authority and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the Authority may be conducted and the powers granted to it may be exercised and embodied.
(2508-A added Oct. 30, 2000, P.L.616, No.85)
Section 2509-A. Moneys of the Authority.--All moneys of any Authority, from whatever source derived, shall be paid to the treasurer of the Authority. Said moneys shall be deposited in the first instance by the treasurer in one or more banks or trust companies, in one or more special accounts, and each of such special accounts, to the extent the same is not insured, shall be continuously secured by a pledge of direct obligations of the United States of America, of the Commonwealth or of the county or city creating the Authority, having an aggregate market value, exclusive of accrued interest, at all times at least equal to the balance on deposit in such account. Such securities shall either be deposited with the treasurer or be held by a trustee or agent satisfactory to the Authority. All banks and trust companies are authorized to give such security for such deposits. The moneys in said accounts shall be paid out on the warrant or other order of the chairman of the Authority or of such other person or persons as the Authority may authorize to execute such warrants or orders. Every Authority shall have at least an annual examination of its books, accounts and records by a certified public accountant. A copy of such audit shall be delivered to the county or city creating the Authority. A concise financial statement shall be published annually at least once in a newspaper of general circulation in the county or city where the principal office of the Authority is located. If such publication is not made by the Authority, the county or city shall publish such statement at the expense of the Authority. If the Authority fails to make such an audit, then the controller, auditors or accountant designated by the county or city are hereby authorized and empowered from time to time to examine, at the expense of the Authority, the accounts and books of the Authority, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters relating to its finances, operation and affairs. The Attorney General shall have the right to examine the books, accounts and records of any Authority.
(2509-A added Oct. 30, 2000, P.L.616, No.85)
Section 2510-A. Transfer of Existing Facilities or Funds and the Making of Annual Grants to Authority.--(a) Any municipality or owner may and they are hereby authorized to sell, lease, lend, grant, convey, transfer or pay over to any Authority, with or without consideration, any project or any part or parts thereof, or any interest in real or personal property, or any funds available for building, construction or improvement purposes, including the proceeds of bonds previously or hereafter issued for building, construction or improvement purposes, which may be used by the Authority in the construction, improvement, maintenance or operation of any project, and any municipality is hereby empowered to issue general obligation bonds for the purpose of providing funds for the building, construction or improvement of a public auditorium and transferring said funds to an Authority created under this article.
(b) Any municipality may and it is hereby authorized to make annual grants from current revenues to the Authority to assist in defraying the costs of operation, maintenance and debt service of the project and to enter into long-term agreements providing for the payment of the same.
(2510-A added Oct. 30, 2000, P.L.616, No.85)
Section 2511-A. Competition in Award of Contracts.--(a) All construction, reconstruction, repairs or work of any nature made by any Authority, where the entire cost, value or amount of such construction, reconstruction, repairs or work, including labor and materials, shall exceed the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 112, except construction, reconstruction, repairs or work done by employes of said Authority or by labor supplied under agreement with any Federal or State agency with supplies and materials purchased, as hereinafter provided, shall be done only under contract or contracts to be entered into by the Authority with the lowest responsible bidder upon proper terms, after due public notice has been given asking for competitive bids hereinafter provided. No contract shall be entered into for construction or improvement or repair of any project or portion thereof unless the contractor shall give an undertaking, with a sufficient surety or sureties approved by the Authority and in an amount fixed by the Authority, for the faithful performance of the contract. All such contracts shall provide, among other things, that the person or corporation entering into such contract with the Authority will pay for all materials furnished and services rendered for the performance of the contract and that any person or corporation furnishing such materials or rendering such services may maintain an action to recover for the same against the obligor in the undertaking as though such person or corporation was named therein, provided the action is brought within one (1) year after the time the cause of action accrued. Nothing in this section shall be construed to limit the power of the Authority to construct, repair or improve any project or portion thereof or any addition, betterment or extension thereto directly by the officers, agents and employes of the Authority or otherwise than by contract. ((a) amended Nov. 3, 2011, P.L.360, No.89)
(b) All supplies and materials costing the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 112, or more shall be purchased only after due advertisement as hereinafter provided. The Authority shall accept the lowest bid or bids, kinds, quality and material being equal, but the Authority shall have the right to reject any or all bids or select a single item from any bid. The provisions as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a non-competitive market or solely by a manufacturer's authorized dealer. ((b) amended Nov. 3, 2011, P.L.360, No.89)
(b.1) Written or telephonic price quotations from at least three (3) qualified and responsible contractors shall be requested for all contracts that exceed the base amount of ten thousand dollars ($10,000), subject to adjustment under section 112, but are less than the amount requiring advertisement and competitive bidding, or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three (3) qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three (3) years. ((b.1) amended Nov. 3, 2011, P.L.360, No.89)
(c) The terms, advertisement or due public notice, wherever used in this section, shall mean a notice published at least ten (10) days before the award on any contract in a newspaper of general circulation published in the municipality where the Authority has its principal office, and if no newspaper is published therein then by publication in a newspaper in the county where the Authority has its principal office: Provided, That such notice may be waived where the Authority determines an emergency exists and such supplies and materials must be immediately purchased by the said Authority.
(d) No member of the Authority or officer or employe thereof shall, either directly or indirectly, be a party to or be in any manner interested in any contract or agreement with the Authority for any matter, cause or thing whatsoever, by reason whereof any liability or indebtedness shall in any way be created against such Authority. If any contract or agreement shall be made in violation of the provision of this section, the same shall be null and void and no action shall be maintained thereon against such Authority.
(e) Subject to the aforesaid, any Authority may (but without intending by this provision to limit any powers of such Authority) enter into and carry out such contracts or establish or comply with such rules and regulations concerning labor and materials and other related matters, in connection with any project or portion thereof, as the Authority may deem desirable or as may be requested by any Federal agency that may assist in the financing of such project or any part thereof: Provided, however, That the provisions of this section shall not apply to any case in which the Authority has taken over by transfer or assignment any contract authorized to be assigned to it under the provisions of section 2510-A, nor to any contract in connection with the construction of any project which the Authority may have had transferred to it by any person or private corporation.
(f) Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act."
(g) Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act."
(h) An Authority shall not evade the provisions of this section as to advertising for bids or purchasing materials or contracting for services piecemeal for the purpose of obtaining prices under the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 112, upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 112. This provision is intended to make unlawful the practice of evading advertising requirements by making a series of purchases or contracts each for less than the advertising requirement price or by making several simultaneous purchases or contracts each below said price when in either case the transaction involved should have been made as one transaction for one price. ((h) amended Nov. 3, 2011, P.L.360, No.89)
(i) Any member of the Authority who votes to unlawfully evade the provisions of this section and who knows that the transaction upon which he so votes is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract entered into as a direct result of that vote.
(2511-A added Oct. 30, 2000, P.L.616, No.85)
Compiler's Note: Section 6 of Act 89 of 2011, which amended subsecs. (a), (b), (b.1) and (h), provided that Act 89 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 6.
Section 2512-A. Acquisition of Lands.--The Authority shall have the power to acquire by purchase or eminent domain proceedings either the fee or such right, title, interest or easement in such lands as the Authority may deem necessary for the purpose mentioned in this article: Provided, however, That no property owned or used by the United States, the Commonwealth, any political subdivision thereof, or any body politic and corporate organized as an "authority" under any law of the Commonwealth or by any agency or any of them, nor any property of a public service company, property used for burial purposes, places of public worship, shall be taken under the right of eminent domain. The right of eminent domain shall be exercised by the Authority in the manner provided by law for the exercise of such right by municipalities of the same class as the municipality by which such Authority was organized. In the case of a joint authority, right of eminent domain shall be exercised by the Authority in the same manner as is provided by law for the exercise of such right by municipalities of the same class as the municipality in which the right of eminent domain is to be exercised, except that where the right is to be exercised in a city located in a county and both are members of the Authority, the law established for the city shall govern.
(2512-A added Oct. 30, 2000, P.L.616, No.85)
Section 2513-A. Use of Projects.--The use of the facilities of the Authority and the operation of its business shall be subject to the rules and regulations from time to time adopted by the Authority: Provided, however, That the Authority shall not be authorized to do anything which will impair the security of the holders of the obligations of the Authority or violate any agreements with them or for their benefit.
(2513-A added Oct. 30, 2000, P.L.616, No.85)
Section 2514-A. Limitation of Powers.--The Commonwealth does hereby pledge to and agree with any person, firm or corporation or Federal agency subscribing to or acquiring the bonds to be issued by the Authority for the construction, extension, improvement or enlargement of any project or part thereof that the Commonwealth will not limit or alter the rights hereby vested in the Authority until all bonds at any time issued, together with the interest thereon, are fully met and discharged. The Commonwealth does further pledge to and agree with the United States and any other Federal agency that in the event that any Federal agency shall construct or contribute any funds for the construction, extension, improvement or enlargement of any project or any portion thereof, the Commonwealth will not alter or limit the rights and powers of the Authority in any manner which would be inconsistent with the continued maintenance and operation of the project or the improvement thereof or which would be inconsistent with the due performance of any agreements between the Authority and any such Federal agency, and the Authority shall continue to have and may exercise all powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this article and the purposes of the United States in the construction or improvement or enlargement of the project or such portion thereof.
(2514-A added Oct. 30, 2000, P.L.616, No.85)
Section 2515-A. Termination of Authority.--When any Authority shall have finally paid and discharged all bonds which, together with the interest due thereon, shall have been secured by a pledge of any of the revenues or receipts of a project, it may (subject to any agreements concerning the operation or disposition of such project) convey such project to the county or city creating the Authority and terminate its existence. A certificate requesting the termination of the existence of the Authority shall be submitted to the county or city creating the Authority. If the certificate is approved by the county or city, then the certificate, endorsed with such approval, shall be filed with the Secretary of the Commonwealth, and thereupon the said secretary shall note the termination of existence on the record of incorporation and return the certificate with his approval shown thereon to the board. Thereupon, the property of said Authority shall pass to the county or city and the Authority shall cease to exist.
(2515-A added Oct. 30, 2000, P.L.616, No.85)
Section 2516-A. Exemption from Taxation.--The effectuation of the authorized purpose of Authorities created under this article shall and will be in all respects for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions, and since such Authorities will be performing essential governmental functions in effectuating such purposes, such Authorities shall not be required to pay any taxes or assessments upon any property acquired or used or permitted to be used by them for such purposes, and the bonds issued by any Authority, their transfer and the income therefrom (including any profits made on the sale thereof), shall at all times be free from taxation within the Commonwealth.
(2516-A added Oct. 30, 2000, P.L.616, No.85)
Section 2517-A. Conveyance and Lease by Authorities.--(a) The project established under this article may be acquired by the incorporating county or city. The said county or city shall, by appropriate resolution or ordinance, signify its or their desire to do so, and thereupon the Authority shall convey by appropriate instrument said project to the county or city upon the assumption by the county or city of all obligations incurred by the Authority with respect to the project.
(b) The project established under this article may be leased by the Authority to the incorporating county or city, and the said county or city is hereby empowered to enter into a lease for such purpose.
(2517-A added Oct. 30, 2000, P.L.616, No.85)
Section 2518-A. Construction.--The addition of Article XXV-A is a codification of and shall be deemed a continuation of the act of July 29, 1953 (P.L.1034, No.270), known as the "Public Auditorium Authorities Law," insofar as it relates to counties of the second class in which a city of the second class is located and to any city of the second class which is located in a county of the second class.
(2518-A added Oct. 30, 2000, P.L.616, No.85)
Article XXVI
Eminent Domain and Injury to Property
Section 2601. Eminent Domain; County May Enter Upon Land, Et Cetera.--In all cases where the power of eminent domain is conferred upon the county by law, the county may enter upon, appropriate, take, injure or destroy private lands, property or material. Any such taking for the purpose of originally laying out or opening of any road shall be in fee simple.
(2601 amended July 25, 1961, P.L.854, No.370)
Section 2602. Certain Property Not to be Taken by Eminent Domain.--The power conferred by this article shall not be exercised to enter upon, appropriate, take, injure or destroy any church property, graveyard or cemetery, except for the purposes and subject to the provisions of the act of May 12, 1887 (P.L.96).
(2602 amended Sept. 14, 1961, P.L.1296, No.567)
Section 2603. Right to Entry to Make Preliminary Surveys.--For the purpose of making all necessary preliminary surveys in order to prepare plans and estimates, the board of commissioners and the persons by them employed for such purposes may enter upon private or public property and designate, by proper marks upon the ground, the line of any improvement proposed to be made and constructed under and for the purposes herein authorized.
Section 2604. Right of Damages.--The right to damages against counties is hereby given to all owners or tenants of lands, property or material appropriated, injured or destroyed by the county in cases where the right of eminent domain has been exercised, and to all owners or tenants of lands, property or material abutting on or through which pass roads or highways injured by the laying out, opening, widening, vacating, extending or grading of such roads or highways or the changing of the grades or lines thereof, the construction and the vacation of bridges, piers and abutments and approaches therefor, and the construction of sewers over, upon or through such lands or property.
Section 2605. Agreement of Damages.--The county commissioners may agree with the owner as to the amount of damages occasioned to any person for property taken, injured or destroyed. Such damages shall be payable by the county out of the general county funds or other funds provided for that purpose.
Section 2606. County to Furnish Bond When Immediate Possession Is Desired; Notice.--(a) Whenever the board of commissioners or the board of commissioners in conjunction and acting with the corporate authorities of any city, borough, town or township have selected any land, property or material to be appropriated, injured or destroyed by the right of eminent domain and desire immediate possession thereof, and are unable to agree with the owner or owners upon the amount of damages due them for such appropriation, injury or destruction, or by reason of the absence or legal incapacity of such owner or owners no such agreement can be made, they shall tender a bond to the said owner or owners, or to the attorney or agent of any absent owner, or to the guardian or committee of any one under legal incapacity, in sufficient sum to secure him or them for damages. Upon acceptance of said bond by the owner or owners of said land, property or material, the county shall have the right to immediate possession thereof.
(b) In case the acceptance of said bond has been refused by the owner or owners, the board of commissioners, after written notice thereof has first been given to said owner or owners, his or their agent, attorney, guardian or committee, shall file the same in the court of common pleas or with any judge thereof, and upon approval thereof by said court or judge, the county shall have the right to immediate possession of said land, property and material.
Section 2607. Writ of Habere Facias Possessionem to Issue.--If the owner, lessee or occupier shall refuse to remove his personal property therefrom or give up possession thereof, the petitioner in the proceedings may serve written notice upon such owner, lessee or his agent or the occupier to remove his personal property therefrom and give up possession of said lands, property or materials within thirty days from the date of the service of said notice.
If the owner, lessee or occupier of said lands, property or material shall refuse or neglect to remove his personal property therefrom and give possession thereof, upon proof of the service of such notice being filed in the office of the prothonotary for the county in which said lands, buildings or other property is located, a writ of habere facias possessionem shall forthwith issue, directing the sheriff to give to the party entitled thereto possession, as is provided for by existing laws.
Section 2608. Appointment of Viewers.--(a) In case the board of commissioners or a majority of them and the parties interested in the land, property or material appropriated, injured or destroyed by the county fail to agree upon the compensation to be made for the land, property or material so taken, injured or destroyed, upon petition of such commissioners or a majority of them or any person or parties interested and whose land, property or material is affected thereby to the court of common pleas of said county, the said court shall appoint three viewers from the county board of viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when said viewers shall meet and view the land, property or material to be so appropriated, injured or destroyed.
(b) The said viewers shall give at least ten days' notice, by publication in one newspaper of general circulation in the county once and in accord with the provisions of section one hundred and ten of this act, of the time and place of their first meeting, and shall also give notice thereof by handbills posted in conspicuous places in the vicinity of the said proposed public improvement.
(c) All the viewers shall act unless prevented by sickness or other unavoidable cause, but a majority of the viewers may hear, determine, pass upon and report all matters relating to the view for which they were appointed.
Section 2609. Time of Appointment of Viewers; Cost.--(a) The viewers provided for in the preceding section may be appointed either before or at any time after the entry upon, taking, appropriation or injuring of said land, property or material.
(b) The cost of said viewers and all court costs incurred, including all advertising and notices in connection therewith, shall be paid by the county, except that when the right of eminent domain has been exercised by the county acting with the corporate authorities of any city, borough or township, then all costs shall be borne equally by the county and city, borough or township.
Section 2610. Petition for Appointment of Viewers to Specify Liens on Property.--In all proceedings hereafter instituted for the condemnation and appropriation of land and property by eminent domain, the petition for the appointment of viewers shall contain allegations specifying any judgments, mortgages or other claims (hereinafter designated "liens") which are liens upon the land and property sought to be appropriated or condemned as aforesaid.
Section 2611. Testimony and Evidence Concerning Liens.--Testimony shall be taken in said proceedings to ascertain the amounts of said liens and the dates of the entry of the same, and the amounts of said liens and the dates of entry thereof shall be found as facts by the viewers in said proceedings. Certified lists of liens from the courts of the Commonwealth and the United States shall be prima facie evidence of the existence, dates, amounts, dates of entry and places of record of said liens, and unless modified or overcome by oral or documentary evidence, shall be conclusive upon the parties thereto.
Section 2612. Procedure; Rights and Liabilities Where Liens Exist.--When it appears that liens exist which are liens upon property sought to be condemned and appropriated, a report of the facts found shall be made to the court. Such report shall be subject to exceptions in manner to be regulated by the Supreme Court by general rule. When the court has finally determined the findings in relation to the laws, the court shall make an order directing the payment and distribution of the amount found to be payable as compensation to the parties entitled thereto, first to the owners of said liens, then to the owners of the property appropriated as aforesaid. The parties interested shall have the right of appeal from said order of distribution to the Superior and Supreme Courts. Payment in accordance with the order of distribution, evidenced by a receipt of record in the proceedings, shall absolutely discharge the party making the payment from all liens by any person, copartnership, association or corporation as against said property. In such receipt and on the record thereof, any claimant may reserve the right to proceed against any other property or assets of the owner of the property condemned for any balance due upon his lien.
Section 2613. Proceedings by and Before Viewers.--The said viewers, having been duly sworn or affirmed faithfully, justly and impartially to decide and true report to make concerning all matters and things to be submitted to them and in relation to which they are authorized to inquire and having viewed the premises and examined the land, property or material to be appropriated, injured or destroyed, shall hear all parties interested and their witnesses, and, having a due regard to and making just allowance for the advantages which may have resulted or which may seem likely to result to the owner or owners of said lands or materials in consequence of the proposed improvement, shall estimate, determine and assess the damages for the land, property or material taken, injured or destroyed, and to whom the same is payable, and the benefits, if any, in connection therewith. Having so estimated, determined and assessed the damages and benefits, they shall prepare a schedule thereof, and give notice to all parties to whom damages are allowed or against whom benefits are assessed of a time, not less than ten days thereafter, and of a place, where said viewers shall meet and exhibit said schedule and hear all exceptions thereto and evidence.
Section 2614. Notice of Meeting.--Notice of the time and place of said meeting shall be given in the manner provided by law for the service of summons in a personal action upon all parties allowed damages and against whom benefits have been assessed, as shown by said schedule, if the said parties can be found in the county, or upon an adult person, if any, residing upon the property affected in case the owner or reputed owner cannot be found, and to all others by publication in the newspaper or newspapers in which the first notices of said view were published. When no service is made upon the owner, reputed owner or upon an adult person residing upon the property affected, said notice, where publication thereof has also been made, shall be deemed to have been properly served if tacked or conspicuously posted on the premises. The court may provide by whom the notice provided by this act shall be posted, given and served, and fix the compensation for said service.
Section 2615. Plans of Properties Condemned to Be Furnished to Viewers.--(a) In all proceedings to assess damages for the taking, injury or destruction of private property for public use, the county taking, injuring or destroying property for said purpose shall furnish the board of viewers with a correct plan of all properties affected, showing all buildings or other structures thereon, their width, length, elevation and cubical contents, names of all owners, tenants or occupiers thereof, the topography of the land and the grades and widths of all highways running through or abutting on said properties, and all other data necessary for a proper determination of the amount of said damages caused by the taking, injury or destruction of said private property.
(b) Said plans shall be prepared and ready for the use of the viewers at their first meeting, and copies thereof shall be furnished to all owners, tenants and occupiers of the property and all other parties affected thereby without charge.
Section 2616. Report to Court.--After making whatever changes are deemed necessary, the said viewers shall make report to the court showing the damages allowed and benefits assessed in each case, and file therewith a plan showing the improvement and the land, properties and materials taken, injured or destroyed. When said report is filed, notice thereof shall be given by publication once in the newspaper or newspapers in which first notices of said view are published. Said notice shall state the date of filing of the report and shall contain a schedule of the damages and benefits shown therein, and shall further state that, unless exceptions thereto are filed within thirty days from the date of filing, the said report will be confirmed absolutely.
Section 2617. Certain Testimony Authorized.--In all proceedings arising from the exercise of the right of eminent domain, it shall be competent for all witnesses called, when duly qualified:
(1) To state in detail and costs all the elements of the property before the exercise of the right of eminent domain and as unaffected by it and its market value immediately after the exercise of the right of eminent domain and as affected thereby.
(2) To state in detail and costs all of the elements of benefit or damage which they have taken into consideration in arriving at their opinion.
(3) In arriving at their opinion as to the market value immediately after the exercise of the right of eminent domain, to add to their opinion of the market value before such exercise the cost or value of all the elements of benefit or advantage and to deduct therefrom all disadvantages or damage in order to arrive at the market value after such exercise of the right of eminent domain and as affected thereby.
(4) In all proceedings to assess damages or benefits for the opening of any road or highway, to take into consideration as one of the elements of advantage or disadvantage the cost of highway improvements.
Section 2618. Value of Property.--In all claims for damages against a county arising from the exercise of the right of eminent domain, it shall be competent for the party or parties claiming damages to offer in evidence the value of the property affected as assessed for the purpose of taxation.
Section 2619. Unlawful Assessments.--In all cases of appropriation of land for public use, other than for roads or highways, it shall be unlawful to assess any portion of the damage done to or value of the land so appropriated against the other property adjoining or in the vicinity of the land so appropriated.
Section 2620. Vacation of Road When No Property Is Taken.--Whenever viewers are appointed to vacate any road or highway and the vacation of the same takes no land from the owner abutting thereon, if, in the opinion of the viewers, such vacation damages the property of the abutting owner, they may award damages to such owner as though land has been actually taken.
Section 2621. Procedure When Building Is on Line of Proposed Road.--Whenever in locating, relocating, opening, widening, straightening or extending any road or highway or parts thereof the same shall be found to pass through, take or injure buildings, barns or other valuable improvements thereon, the said viewers or a majority of them shall have the right to recommend that such buildings and improvements, situate in part or in whole on the road or highway so to be improved, opened, widened, straightened or extended, shall be permitted to remain thereon for such time as shall be deemed wise and proper, and if the court shall approve the finding and report of said viewers or a majority of them, the owner or owners of such buildings or improvements may continue to use and enjoy the same during the time so fixed and determined. In case of the destruction, vacation or abandonment of any such building within the time they are so authorized to remain, such owners or owner shall not have the right to re-erect and reconstruct or retake such buildings or improvements within the line of such road or highway.
Section 2622. Time Limit for Report of Viewers.--Viewers appointed to assess the damages and benefits due to the appropriation, injury or destruction of land, property and materials shall make their reports within a time which the court shall fix when so appointing them. If the viewers so appointed shall, for any reason appearing sufficient to the court, be unable to file their report within the period so fixed, the court may, either before or after the expiration of the time fixed, extend the time for the filing of such report.
Section 2623. Exceptions to Report.--(2623 repealed June 3, 1971, P.L.118, No.6)
Section 2624. Demand for Jury Trial.--(2624 repealed June 3, 1971, P.L.118, No.6)
Section 2625. Payment of Damages and Costs; Interest on Awards.--All damages agreed upon or awarded and all costs and expenses incurred shall be paid by the county, except in cases where an appeal is taken by any party in interest from the award of the viewers and the appellant does not recover any greater amount than the viewers award, in which case the appellant shall pay all costs of such appeal.
The amount of damages allowed in a report of viewers for the taking, injury or destruction of property by the exercise of the right of eminent domain shall, as finally confirmed, bear interest at the rate of six per centum per annum from the date of filing of the report.
Section 2626. Collection of Awards.--Upon the final confirmation of the report of the viewers, the party or parties to whom an award has been made shall have the right to take such further appropriate legal proceedings as may be necessary and proper to enforce payment of said confirmed award, either in nature of a writ of mandamus, execution or otherwise.
Section 2627. All Claims Satisfied Upon Payment of Award.--Upon payment of the compensation for land or property in accordance with the order of distribution, all claims for compensation shall be deemed paid and satisfied.
(2627 amended June 6, 1963, P.L.98, No.66)
Section 2628. Money to Be Paid Into Court in Case of Adverse Claims.--(a) If any person or persons shall claim adversely to each other any estate or interest in the land, property or materials selected by the board of commissioners to be appropriated, injured or destroyed for the purposes mentioned in this act, and the viewers shall not be able to determine who are the owner or owners of said land, property or materials, or the value of their estates and interests therein, they shall so report, valuing the land, property or materials as a whole, and upon the confirmation by the court of the report of said viewers, if no appeal shall be taken therefrom, the commissioners of the county shall pay into the court the whole of the said valuation money; thereupon, the title of the land, property or material and the estates and interests of all the owners thereof shall become vested in fee in the county acquiring and taking said land, property or materials.
(b) The court of common pleas shall, by rule, process or motion, require all said claimants to appear therein and may, by an issue framed between them to be tried by a jury or by a reference to a master or by such orders and decisions as shall appear to be just under all the circumstances of the case, determine the estates and interest of said claimants in said valuation money. Upon the final determination of such proceeding, the court shall direct said valuation money to be paid to the person or persons ascertained to be entitled thereto.
Section 2629. Appeals by Adverse Claimants.--(a) In case any of said claimants shall appeal from the award of said viewers, the county commissioners, upon filing in the court and having approved thereby a bond in double amount of said award to the said owners and claimants for the benefit of the persons owning said land, property or materials, with at least two sufficient sureties conditioned for the payment by the county of such an amount as the owner or owners shall be entitled to receive for said ground when the same shall have been finally ascertained by due course of law, may lawfully enter upon and take possession of said land, property or materials.
(b) The said court shall thereupon proceed to determine the estates and interest of said claimants in said land, property or material, as is hereinbefore provided when the valuation money is paid into court. Said proceeding shall be finally determined before the issue framed upon the said appeal shall be tried, and if it be determined that the party appellant has no estate or interest in said land, property or materials, his appeal shall be disallowed.
Section 2630. Payment Into Court When Award is Refused or When Parties Cannot Be Found.--Any amount of money awarded, as herein provided, if refused by the person or persons entitled thereto, or if the person or persons entitled thereto cannot be found, shall be paid into court, and thereafter all such persons shall look to said fund for all damages accruing by reason of the appropriation, injury or destruction of such land, property or material.
Section 2631. Notice to Vacate; Ejectment.--In case any land or property selected by the board of commissioners or by the board of commissioners in conjunction and acting with the corporate authorities of any city, borough or township to be appropriated, injured or destroyed, and said land or property has improvements thereon in the actual occupancy of any person or persons, and such person or persons has had his, her or their damages assessed and paid, thirty days' notice to vacate the same shall be given to the party or parties so in actual possession. In case of refusal or neglect on the part of any one to obey said notice, the board of commissioners may, at the expiration of said thirty days, enter upon and eject or cause to be ejected any of the parties so refusing or neglecting to vacate, and use force enough by themselves, agents or employes to accomplish the same.
Section 2632. Appropriations of Right of Way or Easement.--In any action brought to ascertain or recover damages caused to any owner of lands by reason of the appropriation of a right of way or easement in such lands by any county, where such owner of lands and such county cannot agree upon the amount of damages payable to such owner, the parties may by agreement waive the right to have such damages assessed by viewers. Such owner may thereupon file his statement and claim in the court of common pleas and rule the defendant to plead thereto within fifteen days from notice of such rule duly served upon said county, and the said suit shall be proceeded with the same as if an award of viewers had been filed and an appeal had been taken therefrom.
Either party to such action shall have the right during the trial to demand and have the jury which may be selected to try said cause visit and view the premises over or through which the right of way or easement extends before rendering a verdict in such case.
Section 2633. Discontinuance of Proceedings by County.--In case the county shall discontinue any proceedings taken providing for the appropriation, injury or destruction of any land, property or materials prior to the entry upon, taking or appropriation thereof and before judgment therein, the said county shall not thereafter be liable to pay any damages which have been or might have been allowed, but all costs upon any such proceedings had thereon shall be paid by the county, together with any actual damages, loss or injury sustained by reason of such proceeding, and the amount of the same may be determined and fixed by the court in which such proceeding was pending.
Articles XXVII and XXVIII
Bridges, Viaducts and Culverts
Compiler's Note: Section 5(3) of Act 34 of 2006 provided that, except as to the measure of damages prescribed by 26 Pa.C.S. (relating to just compensation and measure of damages), nothing in Act 34 shall repeal, modify or supplant Articles XXVII and XXVIII as they are applicable to procedures in the court of common pleas with respect to bridges, viaducts, culverts and roads.
Compiler's Note: Section 901 of Act 6 of 1964, Sp.Sess., provided that Act 6 shall not repeal or modify Articles XXVII and XXVIII applicable to procedures in the court of quarter sessions with respect to bridges, viaducts, culverts and roads or section 412 of the State Highway Law, act of June 1, 1945 (P.L.1242), as amended, nor, except as to the measure of damages prescribed by Article VI hereof, shall it repeal, modify or supplant any law insofar as it confers the authority or prescribes the procedure for condemnation of rights-of-way or easements for occupation by water, electric, gas, oil and/or petroleum products, telephone or telegraph lines used directly or indirectly in furnishing service to the public. If the condemnation for occupation by water, electric, gas, oil and/or petroleum products, telephone or telegraph lines consists of the taking of a fee, all the provisions of this act shall be applicable.
(a) General Authority and Procedure
Section 2701. Contracts.--(2701 repealed July 26, 1963, P.L.324, No.177)
Section 2702. Penalty.--(2702 repealed July 26, 1963, P.L.324, No.177)
Section 2703. Filing of Security With Proposals; Opening of Bids.--(2703 repealed July 26, 1963, P.L.324, No.177)
Section 2704. Awarding of Contract; Readvertising.--(2704 repealed July 26, 1963, P.L.324, No.177)
Section 2704.1. Bridge Contracts.--The letting of all contracts to build, rebuild or repair any bridge shall be in accordance with the provisions of Article XX of this act.
(2704.1 added July 26, 1963, P.L.324, No.177)
Section 2705. Compensation for Additional Work.--In all cases where bridges shall have been or may be erected for the county and deviations from or alterations in the plan contracted for have been made by the direction of the county commissioners, where the county commissioners and builders cannot agree upon the compensation to be made therefor, it shall be lawful for such builder to recover any sum to which he may be justly entitled for such deviations and alterations beyond the contract price in an action for work, labor and service done and performed and material found and provided.
Section 2706. Inspection.--(2706 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2707. Payment on Contract.--(2707 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2708. Deduction of Part of Contract Price.--(2708 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2709. Action on Contract or Procedure on Rule.--(2709 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2710. Bridge Erected by Commissioners.--(2710 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2711. Procedure on Rule.--(2711 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2712. Building or Rebuilding in Emergencies.--When a county bridge wholly within the county or on the boundary line between any two counties has been or shall hereafter be destroyed or partially destroyed, or rendered impassable, or becomes insufficient or inadequate to accommodate public travel, or in any other case of emergency it becomes necessary to construct or reconstruct any such bridge, the county commissioners of the county or of any two counties, in case of a joint county bridge, may erect and construct a new bridge, or reconstruct any partially destroyed, insufficient or inadequate bridge, to take the place of such wholly or partially destroyed or insufficient or inadequate bridge.
(2712 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2713. Bridges on Boundary Between Two Counties.--(a) Whenever any bridge contemplated by any of the provisions of this article is on the boundary line between two counties or within one-fourth of a mile therefrom and necessary for the accommodation of the inhabitants of both counties, the commissioners of such counties shall act jointly in the exercise of all powers conferred upon them and in the performance of all duties imposed upon them. ((a) amended Nov. 30, 2004, P.L.1439, No.186)
(b) Whenever the appointment of viewers or inspectors is required, the court of each county shall appoint a full number of such viewers or inspectors and order a view in the manner and with like powers, duties and procedure provided for in the case of public roads. The total number thereof shall act together in the view or inspection and shall make their joint report and recommendations to each court. Exceptions to the report of viewers may be filed in and appeals therefrom made to the courts of either county, in which case the courts of said two counties sitting together shall hear and determine the same. Whenever publication of notice is required, such publications shall be made in each county. The approval of both boards of commissioners and of both courts shall be necessary in order to authorize any action requiring such approval.
Section 2714. Payment of Cost.--(a) All expenses in connection with any matters affecting any such bridge shall be borne by the two counties jointly in equal proportions or in any other proportions, as the commissioners of the several counties may agree upon.
(b) (Deleted by amendment)
(c) (Deleted by amendment)
(2714 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2715. Management, Maintenance and Policing of Joint County Bridges.--(a) Such joint county bridge shall be managed, controlled, maintained, repaired, operated and lighted by the commissioners of the said counties, acting as a joint county bridge commission, who are hereby authorized to act jointly in the employment of such employes and fix their wages, salaries and compensation, and to incur such other expenses in the construction and operation of such bridge, including the compensation of such attorneys as in their judgment shall be requisite and necessary. All decisions of such commission shall require a majority vote of all the members thereof.
(b) The commissioners of said counties, acting jointly, shall have power to adopt such rules and regulations as they deem expedient for the proper government and management of said bridge and for the preservation of good order, safe traffic and proper conduct thereon.
(c) For any violations thereof, the offender or offenders shall be guilty of a summary offense.
(d) (Deleted by amendment)
(2715 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2716. Widening, Straightening, Altering or Changing Course of Unnavigable Streams for Protection of County Bridges and Highways.--Whenever, in the erection, construction, repair or maintenance of any county bridge or highway, it becomes necessary for the safety of said bridge or highway or advisable from an economic standpoint to widen, straighten, alter, protect or change the course of any unnavigable stream, it shall be lawful for the county to enter upon abutting or adjacent land and to widen, straighten, alter, protect or change the course of such unnavigable stream for such purposes, and in connection with such entry, to take, injure and destroy any necessary land or property, in accordance with Article XXVI.
Section 2717. Dykes, Banks, Causeways and Sluiceways for Protection of Bridges and Highways.--The board of commissioners, for the purpose of protecting any county bridge or bridges, the abutments thereof and approaches thereto and any public highway adjacent to the same from the incursions of floods or waters of any creek, rivulet or other stream, and so as to prolong the life of said structures, may erect and maintain dykes, banks, causeways and sluiceways over, on and across any creek, rivulet or other stream not navigable, and which creek, rivulet or other stream is affected by the rise and fall of the tide, floods or waters of any creek, rivulet or other stream, and secure a right of way for proper ingress and egress thereto, and in connection with such activities, to take, injure and destroy any necessary land or property, in accordance with Article XXVI. Any such change in an existing stream channel under the provisions of this or the preceding section shall first be approved by the Department of Environmental Protection.
(2717 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2718. Materials Taken from Adjoining Lands.--(2718 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2719. Lighting of County Bridges.--(a) Whenever considered necessary for the safety and convenience of the traveling public, the county commissioners of the county within which a county bridge is erected, or the county commissioners of two or more counties acting together with regard to any bridge located partly in one county and partly in another county or counties, may supply and equip any county bridge within their respective counties with lights of any kind and character, as they shall deem necessary.
(b) To carry out the provisions of this act, the county commissioners, severally or jointly, are authorized to contract with any individual or with any municipal or private corporation for the purpose of supplying the necessary light.
(c) The cost of the construction, erection and maintenance of any light placed upon any such bridge shall be paid by the county or by the two or more counties, as may be agreed upon by the county commissioners of said counties.
Section 2720. Repair of County Bridges.--The county commissioners shall repair all county bridges heretofore erected or that may be hereafter erected by the county where no other provision is made for the maintenance thereof, and shall pay the expenses of such repairs out of the county treasury.
Section 2721. Painting and Tightening of Bolts of Iron and Steel Bridges.--(2721 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2722. Contracts for Work.--(2722 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2723. Repair of Bridges, Viaducts and Subways When Liability for Such Repairs is in Doubt.--(2723 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2724. Application to County Commissioners; Authority to Act.--(2724 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2725. Contributions Towards Work.--(2725 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2726. Collection of Costs of Repairs; Return of Contributions.--(2726 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2727. Temporary Substitutes for Bridges.--Where county bridges have been or shall hereafter be destroyed or rendered impassable by fire, storm, flood or other casualty, the county commissioners may provide, at the expense of the county, ferries or other temporary ways as a substitute for such destroyed or impassable bridges, until such county bridges shall be rebuilt or rendered fit for public travel. Where a county bridge spans a stream which is the boundary between two counties of this Commonwealth and the bridge across such stream has been built and maintained at the joint expense of said adjoining counties, the establishment and maintenance of such ferry or temporary way shall be by the joint discretionary action of the boards of commissioners of said counties and the expense thereof shall be borne by said counties in equal share.
Section 2728. Bridge for Pedestrians Only.--When the county commissioners of the county have been legally authorized to erect a county bridge and when, in the exercise of their discretion, it is found that a bridge for pedestrians only will sufficiently accommodate public travel at the place in question, they are authorized to erect such bridge instead of a bridge for general traffic.
Section 2729. Rebuilding Insufficient Bridge.--Whenever it shall appear to the commissioners that any county bridge is not sufficient for any cause to accommodate the public travel, they may erect and construct a new and sufficient bridge to take the place of the insufficient, destroyed or partially destroyed bridge, or may widen and straighten county bridges where deemed necessary to accommodate the public travel. Such new bridge when constructed shall be a county bridge.
(2729 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2730. Rebuilding Bridges Wholly or Partly Destroyed.--(a) The county commissioners shall rebuild and reconstruct all bridges heretofore built or that may hereafter be erected by the county commissioners, whether constructed under general, special or local laws, whenever any such bridge has been or shall hereafter be blown down, destroyed, partially destroyed or swept away by floods, freshets, ice, storm, fire or other casualty, at the expense of the county.
(b) For the purpose of carrying into effect the provisions of this section, the county commissioners are hereby authorized to borrow any sum of money, in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).
(2730 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2731. Closing, Vacating, Abandoning and Removing.--Whenever it shall appear to the commissioners of the county that any county bridge has from any cause become burdensome and is no longer necessary for the accommodation of public travel, they may close, vacate, abandon and remove said bridge.
(2731 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2732. Contracts With Railroad Companies for Use, Purchase, Removal, Replacing or Exchange of County Bridges.--(a) Any railroad company which has heretofore located or may hereafter locate its railroad upon any county bridge may contract and agree with the commissioners of said county for the use, purchase, removal, replacing or exchange of such bridge, or for the compensation to be paid to said county by said company for the use and occupancy of said bridge or such parts thereof as may be used and occupied by said railroad company. For such purpose, the commissioners may contract and agree with said company and may do all acts necessary and proper to effectually carry out such contract.
(b) All moneys due and all obligations incurred by said companies under said agreements and contracts may be collected and enforced in the same manner as debts of like amount are now recovered and similar obligations enforced in this Commonwealth.
Section 2733. Restrictions and Saving Clause.--No bridge erected under the provisions of this act shall obstruct any canal or railroad over which such bridge may be erected. Nothing in this article shall release railroad or other companies of the Commonwealth from the requirements of existing laws.
Section 2734. Appropriations; Tax Levy and Incurring of Indebtedness.--For the purpose of carrying into effect the provisions of this subsection, the county commissioners are hereby authorized to make appropriations, levy taxes, borrow money and incur indebtedness, in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).
(2734 amended Nov. 30, 2004, P.L.1439, No.186)
(b) Authorization and Construction
Section 2751. Entering on Record as County Bridge.--(2751 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2752. Change in Location of Bridge and Roads.--(2752 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2753. Estimate of Cost; Tax Levy; Erection.--(2753 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2754. Entering Embankments and Causeways on Record as County Improvements.--(2754 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2755. Assistance in Building Bridges not Entered as County Bridges.--When the county commissioners find that a bridge is necessary and that the erection of such bridge will require more expense than it is reasonable that the one or more adjoining townships, boroughs or cities of the third class should bear, and the county commissioners do not deem it advisable to enter such bridge on record as a county bridge but shall consider it proper to assist such township or townships or such city of the third class or such borough in building the same, they may either build such bridge or any portion or portions thereof or furnish such township or townships or city of the third class or borough the whole or part of the money necessary to build it, without entering such bridge on record as a county bridge.
(2755 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2756. Record to be Kept by County; Maintenance, Repair and Rebuilding by Township or Municipalities.--The county commissioners shall keep a record of all their proceedings in such cases, and such bridges shall be maintained, kept in repair and rebuilt, when necessary, by the respective townships, boroughs or cities of the third class, and the county shall not be liable for the costs of the maintenance, repair or rebuilding of the same or any part of such cost: Provided, however, That it shall be lawful for the county commissioners of the county in which such bridge is located to furnish such township or townships, boroughs or city of the third class either the whole or part of the money necessary to repair or to rebuild such bridge or bridges, as the said board of county commissioners may deem just and proper.
(2756 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2757. Entering on Record as County Bridge.--Whenever the county commissioners have heretofore assisted or shall hereafter assist any municipality in the building of the whole or any portion of a bridge and it shall afterwards appear to the commissioners that the care, maintenance and responsibility of said bridge is greater than it is reasonable that the said municipality should bear, they may enter such bridge upon record as a county bridge, and it shall thereafter be a county bridge the same as if it had originally been so entered on record.
(2757 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2758. Borough and Township Bridges Donated to County.--Whenever a public bridge had been built or maintained by any borough or township, or both, or by any two townships, and used by the public for travel, the county commissioners may take the same as a county bridge whenever the proper authorities having the maintenance, supervision and control of such bridge shall tender the same to said county commissioners free and without charge therefor. Any bridge so taken shall thereafter be maintained and kept in repair as a county bridge.
(c) On Action of County Commissioners
Section 2771. Bridges and Approaches Authorized.--The county commissioners may locate, lay out, open, construct and maintain public bridges across any river or stream, whether such bridge is wholly or partly within any city, borough or township therein, together with such bridge approaches, viaduct or other approaches as the county commissioners may deem necessary or convenient for the purpose of connecting any such bridge with the existing streets or public roads in such cities, boroughs or townships, and to that end may take, enter upon, appropriate property and rights of property of all kinds, whether devoted to a public or private use, for the purposes aforesaid, and for the necessary slopes, piers, walls, abutments, fills and embankments, in the manner and subject to the restrictions and procedure provided in Article XXVI of this act, and may enter upon or over any street, public highway or public road in such cities, boroughs or townships.
(2771 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2772. Plans and Surveys.--(Hdg. amended Nov. 30, 2004, P.L.1439, No.186) (a) Whenever the county commissioners shall resolve to exercise any of the powers conferred by the preceding section, they shall cause to be prepared plans and surveys showing the location of the proposed bridge and its approaches and the property or rights of property affected thereby, together with any streets or public roads in any city, borough or township proposed to be used in connection therewith. ((a) amended Nov. 30, 2004, P.L.1439, No.186)
(b) Such petition shall briefly describe the location and the estimated cost of such bridge, or, if the method of construction has not been fully determined, the estimated cost thereof for each alternative method of construction proposed.
Section 2773. Hearing and Decree.--(2773 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2774. Approval of State or Federal Officers, Board or Body; Change in Location.--(a) Where the proposed bridge crosses any navigable stream or other public water or the property rights or property or rights of way of any railroad or other public service corporation, and by reason thereof the approval of any State or Federal officer, board or body is required as to the location and construction of such bridge or its approaches, the county shall be deemed to have full and complete authority to construct such bridge in such other location and in such other manner as may be necessary to comply with the conditions prescribed by such officer, board or body in granting such approval if county commissioners be of the opinion, and by resolution duly adopted so decide, that the bridge as thus changed is necessary for the convenience of the traveling public and will accommodate substantially the same traveling public as the bridge would have done if it had been constructed at the location and in the manner originally provided.
(b) (Deleted by amendment)
(c) (Deleted by amendment)
(d) (Deleted by amendment)
(e) (Deleted by amendment)
(2774 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2775. Contracts for Special Use of Bridge.--(a) The county commissioners may make and enter into contracts or leases with any street railway, telegraph, telephone or other corporation or persons desiring to make use of said bridge and its approaches for other than ordinary public foot or vehicle traffic, and with the successors and assigns of such corporations, for the concurrent use of such portion of said public bridge and approaches as shall not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon, or to charge tolls or rentals for such special use.
(b) No such contract or lease shall be entered into for a longer period than twenty years, nor unless such contract or lease shall be first approved by the Public Utility Commission of this Commonwealth.
Section 2776. Consent of City or Borough.--(2776 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2777. County Authorized to Contract With Municipality.--When such bridge is proposed to be located or erected in any municipality, the county may agree that such municipality may bear a portion of the cost of the locating, laying out, opening and constructing of such bridge and its approaches and appurtenances, and that the municipality may provide the approach therefor and bear the cost of the maintenance of any approach within the respective municipality, as shall be agreed upon between any such county and such municipality.
(2777 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2778. Appropriations and Tax Levy.--The county constructing a bridge under the provisions of this article may appropriate and pay out of the general county funds all moneys necessary for said purposes, and may levy, assess and collect taxes, for the purposes aforesaid, on all real and personal property within said county, now or hereafter taxable for county purposes, in addition to all other taxes.
Section 2779. Incurring of Indebtedness.--(2779 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2780. To Be County Bridge; Maintenance and Expenses.--(2780 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2781. Collection of Tolls to Pay Off Indebtedness.--(2781 repealed Nov. 30, 2004, P.L.1439, No.186)
(d) Between Municipalities on Petition of
Resident Taxpayers
(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2791. Petition for Bridge or Culvert; Appointment of Viewers.--(2791 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2792. Duties of Viewers.--(2792 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2793. Report of Viewers.--(2793 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2794. Proceedings Subsequent to Report of Viewers.--(2794 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2795. Ground for Approaches.--(2795 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2796. County Commissioners May Purchase Bridges Already Erected.--(2796 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2797. County Commissioners May Borrow Money.--(2797 repealed Nov. 30, 2004, P.L.1439, No.186)
(e) Joint Action of Counties or County and City
Section 2801. Building or Rebuilding.--Whenever it is necessary to erect a bridge on the boundary line between two counties, either to take the place of an intercounty bridge which has become insufficient for any cause to accommodate public travel or to provide a new bridge where none has previously been, such counties may jointly build or rebuild such bridge.
(2801 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2802. Joining With Municipality.--When such bridge is on the dividing line between two counties which is also the dividing line between one county and a municipality in the other county, and such municipality has authority to build or rebuild such bridge or to join with any county therein, said county may join with said municipality in the other county in building or rebuilding such bridge.
(2802 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2803. Cost; Status.--The cost of such bridge shall be paid in such proportions as shall be agreed upon by the two counties or by the county and municipality so joining. Such bridge when built shall be an intercounty bridge and be subject to all provisions of existing laws relating to intercounty bridges.
(2803 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2804. Taking of Lands.--Whenever in the construction of a bridge lands are taken in any county joining in such construction and damages are sustained by the owner or owners of such lands, the county commissioners in the county where the lands are located, when possible, shall enter into an agreement with such owner or owners as to the amount of damages to be paid to such owner or owners. If a satisfactory agreement cannot be made as to said damages, they shall be ascertained and paid in the manner and subject to the restrictions and procedure provided in Article XXVI of this act. The damages shall, in either event, be paid by the county in which the lands are located.
(f) Acquisition of Bridges
(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2811. Purchase or Condemnation.--(2811 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2812. When Price Cannot be Agreed Upon.--(2812 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2813. To Be Public Bridge; Tolls or Rentals for Special Use; Preservation of Existing Contracts.--(2813 repealed Nov. 30, 2004, P.L.1439, No.186)
(g) Acquiring and Rebuilding Bridges Privately
Owned or Built by Public Subscription
Section 2821. Rebuilding When Destroyed or Abandoned.--The county commissioners of any county may take charge of or rebuild and reconstruct any bridge owned and maintained by corporations where the same has been destroyed by ice or otherwise, within ten years, or abandoned by the owners, where such bridge crosses any stream or river running into or through such county.
Any bridge used exclusively for vehicles and foot purposes, over any stream or river forming the boundary line between two counties, being on the line of a public highway, or deemed necessary for the use of the traveling public, and owned and maintained by corporations or by private persons, or which was built by public subscriptions, which has been destroyed by ice, flood or otherwise, at any time, or which has been or may be abandoned and the site or location and piers and abutments no longer used by the owners, may be rebuilt and maintained jointly as a county bridge by the county commissioners of such counties, and the costs and expenses of such joint reconstruction shall be paid by the said counties respectively in the proportion of the population thereof, as ascertained at the last census.
Section 2822. Mandamus on Petition of Taxpayers if Commissioners Neglect or Refuse to Act.--(2822 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2823. Procedure When Damages Cannot be Agreed On.--(2823 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2824. Borrowing Money and Bond Issue Authorized.--(2824 repealed Nov. 30, 2004, P.L.1439, No.186)
(h) Erected by Private Persons or by Public
Subscriptions and Donated to County
Section 2831. Acceptance, Taking Charge of and Entering on Record as County Bridge.--The county commissioners of any county may accept, take charge of and enter upon the records as a county bridge, any bridge over any stream or river running into or through any county, which bridge has been erected and constructed at the expense of private persons or by public subscriptions, and has been opened to free public travel, used by the public and become necessary and convenient for the use of the public, upon notice in writing of the persons who erected or caused the same to be erected, or by the subscribers to the original subscription on which the money was raised to erect the same, or the heirs or assigns of such persons or subscribers, or by a duly authorized board of trustees representing such persons or subscribers, of their desire to donate the said bridge to the county wherein the same is situated. Where such bridge crosses a stream forming the boundary line between two counties, the persons or their heirs or assigns, subscribers or trustees representing them, as aforesaid, shall give notice in writing to the county commissioners of each of said counties of their desire to donate such bridge to said counties jointly.
Section 2832. Procedure for Determining Necessity of Bridge.--(2832 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2833. Procedure if Exceptions are Filed.--(2833 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2834. Payment of Costs.--(2834 repealed Nov. 30, 2004, P.L.1439, No.186)
(i) Leasing of Toll Bridges
(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2841. Leasing of Toll Bridges or Right to Use Same.--(2841 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2842. No Tolls to Be Charged.--(2842 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2843. Payment of Rental and Expenses.--(2843 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2844. Approval of Public Utility Commission.--(2844 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2845. Appropriations; Tax Levies; Indebtedness.--(2845 repealed Nov. 30, 2004, P.L.1439, No.186)
(j) Joint Action with Municipalities
Section 2851. Municipal Bridges Benefiting Neighboring Municipalities.--Whenever different parts of any municipality or any part of such municipality and any municipality bordering thereon are separated therefrom by any intervening valley or ravine, and the county commissioners shall decide it necessary that a public bridge for the purpose of connecting the territories thus separated be constructed and that such bridge will be of substantial advantage and benefit to the taxable inhabitants of the municipality bordering thereon or municipalities adjacent thereto, such county may contract with such municipality for the laying out and construction by such municipality of such bridge and may pay to the municipality such portion of the cost thereof as the county commissioners shall deem reasonable, and shall appropriate money, levy taxes and incur indebtedness therefor.
(2851 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2852. Municipal Bridges Where County Might Have Built Bridge.--Where, under the provisions of existing laws, a municipality is authorized to construct a bridge or viaduct over a river, creek or stream or other place over which the county is authorized to build bridges, and such municipality is authorized to contract with the county and with railroads, street railways and other companies or parties interested for the building and maintenance of such bridge or viaduct, and for the payment of any damages caused by the location or erection thereof, the county commissioners may contract with such municipality for that part or portion of the bridge or viaduct which crosses any of the places hereinbefore mentioned, including the abutments and piers thereof. Such part shall thereafter be maintained as a county bridge. In lieu thereof, the county commissioners may contract for any part or portion of the whole structure equal to or greater than the part or portion which the county might have built.
(2852 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2853. Contribution Where County Might Not Have Built Bridge.--When such bridge or viaduct is built by a municipality and does not cross any place over which the county is authorized to construct a bridge but crosses merely railroad or railroads and private property, the county commissioners may contract to pay an amount of money, not exceeding thirty per centum of the entire cost of the proposed bridge or viaduct. Such bridge or viaduct shall thereafter be maintained as a municipal structure, and the county shall not be liable for any part of the cost of maintenance or repair thereof.
(2853 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2854. Stipulations of Contracts.--The contracts herein provided for may stipulate that the county shall pay a certain part or portion of the whole contract price or cost of the work, including damages, or may stipulate that the county shall construct or pay for the construction of a certain part or portion of the work, and may otherwise provide for the payment of the damages. The amount to be paid by the county shall be paid directly to the contractor, as may be provided by the contract. The agreements may also provide for the maintenance of the viaducts and bridges after their erection.
Section 2855. Contracts for Work.--After any such contract has been entered into, the county commissioners, in conjunction with the municipality, shall have prepared plans and specifications of the entire work and shall advertise for bids and award the contract to the lowest responsible bidder. Such contract shall provide that the county shall pay its certain part of such bridge or viaduct directly to the contractor. The contractor shall have a right of action against the county for the part of the contract which the county agrees to pay.
(2855 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2856. Contracts May be Recorded.--Any of the contracts hereinabove provided for may be recorded in the recorder's office. Such record shall be notice to all persons who might be affected thereby.
Section 2857. Purchase or Condemnation of Public Toll Bridges.--(2857 repealed Nov. 30, 2004, P.L.1439, No.186)
Article XXIX
Roads
Compiler's Note: Section 5(3) of Act 34 of 2006 provided that, except as to the measure of damages prescribed by 26 Pa.C.S. (relating to just compensation and measure of damages), nothing in Act 34 shall repeal, modify or supplant Article XXIX as it is applicable to procedures in the court of common pleas with respect to bridges, viaducts, culverts and roads.
Compiler's Note: Section 901 of Act 6 of 1964, Sp.Sess., provided that Act 6 shall not repeal or modify Articles XXVII and XXVIII applicable to procedures in the court of quarter sessions with respect to bridges, viaducts, culverts and roads or section 412 of the State Highway Law, act of June 1, 1945 (P.L.1242), as amended, nor, except as to the measure of damages prescribed by Article VI hereof, shall it repeal, modify or supplant any law insofar as it confers the authority or prescribes the procedure for condemnation of rights-of-way or easements for occupation by water, electric, gas, oil and/or petroleum products, telephone or telegraph lines used directly or indirectly in furnishing service to the public. If the condemnation for occupation by water, electric, gas, oil and/or petroleum products, telephone or telegraph lines consists of the taking of a fee, all the provisions of this act shall be applicable.
(a) Authorization, Construction and Maintenance
Section 2901. County Roads; Establishment and Maintenance.--(a) The words defined in section 2801 of this act shall be construed to have like meanings when used in this article.
(b) Establishing County Roads. For the purpose of providing public roads, specially constructed, improved and maintained, the county commissioners may originally lay out and open any road, and take possession of and exercise control over any existing municipal road or part thereof, and build and maintain roads as county roads within their respective limits. They may, at any time, straighten, widen, extend and alter any such road or part thereof, and vacate so much thereof as may become unnecessary and useless. Any road so taken over or improved shall thereupon become a county road and be subject to the control and supervision of the county commissioners. It shall be the duty of the county to keep and maintain county roads established under this act and all other county roads in repair, the expense thereof to be paid by the county in the manner hereinafter provided.
(b.1) (Deleted by amendment)
(c) Acquisition of Rights of Way of Abandoned Railroads. The commissioners of the county may take over any abandoned rights of way or bridge of a railroad company or any part thereof for the purpose of relocating any existing or locating a new county road, and they may purchase such abandoned right of way or bridge or such part thereof, as may be necessary for the relocating or locating of said county road, from the owner thereof, at a fair price.
Whenever any such abandoned right of way or bridge of a railroad company or any part thereof is purchased under the provisions of this section, a county road shall be laid out and located thereon and shall thereafter be constructed, improved and maintained in accordance with law. Any such bridge so taken over shall become a county bridge and shall be maintained, rebuilt and repaired accordingly.
(d) Joint Action by Counties. The provisions of this article may also be exercised jointly by adjoining counties as to roads extending along and adjacent to county lines and from one adjoining county into another.
The procedure and jurisdiction in each county in such cases shall be the same as to any portion of such road lying within its limits, except that the petition, plans and surveys of such road shall describe and exhibit every portion of such road within the limits of such county and every portion thereof extending along the line of or into an adjoining county. The several portions thereof lying within limits of each county shall be treated in all proceedings as one continuous road.
(e) To Be County Road as Soon as so Decreed. All roads and parts thereof heretofore and hereafter decreed by the court under this or any former acts of Assembly to be a county road shall be subject to the control and supervision of the county commissioners.
(f) Maintenance and Repair of County Roads. The commissioners shall have prepared plans and estimates, as often as required, for the repair and maintenance of all roads which the county is required by law to maintain and repair. They may invite proposals for maintaining and repairing such roads or parts thereof in accordance with such plans and estimates and award the contract therefor in like manner as contracts for new improvements, or they may make the necessary repairs themselves. For the purpose of making such repairs, the commissioners may employ or appoint the proper persons and buy the necessary materials and buy or rent the necessary machinery. The county may also lease any of its machinery to any political subdivision within the county, upon such terms and conditions as may be agreed upon.
(g) Annual Tax. The commissioners may levy, assess and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within said county taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the locating, opening, building, improving, widening, straightening, extending, maintaining, repairing or vacating of roads or parts thereof covered by the provisions of this section, and for the taking and use of such land as may be necessary in constructing and maintaining proper slopes, embankments, fills and culverts. The moneys so raised shall not be expended for any other purposes than those named in this section, except for the maintenance, repair, construction and reconstruction of any county bridge or bridges, whether or not located on a county road or roads. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued, in the manner provided by this act, upon estimates which shall be made from time to time by the persons charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work.
(h) Borrowing Money; Bond Issue and Tax Levy. The county commissioners may borrow money and secure any indebtedness created by them for the purposes authorized under this section.
(i) Changing Part of Road Without View. Whenever the board of commissioners deem it advisable to construct or alter any part of any road under their supervision and can agree with the property owners affected by such change as to damages, they may, upon payment of the damages agreed upon, construct or alter such part of such public road as contemplated in such agreement without the formality of a view.
(j) Assessment of Benefits. Whenever, in the county, any road or highway shall be originally located, laid out or constructed or relocated, opened, straightened, widened, extended or altered, or any part thereof vacated, the viewers appointed to assess damages for taking, injuring or destroying property, after having determined the amount of damages sustained, shall assess the whole or such part of such damages as may be represented by benefits upon the properties abutting on and benefited by such improvements. The remaining part of such damages, if any, not so assessed against the abutting properties, shall be paid by the county. The total assessments for benefits shall in no case exceed the total damages awarded and agreed upon.
The viewers shall in such cases file their report showing the balance struck between the damages awarded and the benefits assessed.
(k) Interest on Benefits Assessed. All assessments for benefits shall bear interest at the expiration of thirty days after they have been finally determined and fixed and shall be payable to the treasurer of the county.
(l) Liens for Benefits Assessed. All liens for the assessment of benefits pursuant to the provisions of the two preceding subsections shall be filed, revived and collected in accordance with law.
No appeal taken shall prevent the filing of liens by the county for any assessment made by virtue of the viewers' report, but upon the final determination of the issue the court may make such order as to any lien filed that shall appear right and proper.
(m) Sidewalks Along County Roads. Whenever considered necessary for the safety and accommodation of the public, the county commissioners may locate, construct and maintain sidewalks along county roads. The cost of the construction and maintenance of said sidewalks shall be paid by the county.
(n) Lights Along County Roads. Whenever considered necessary for the safety and convenience of the traveling public, the county commissioners may supply and equip any county road or parts thereof with lights of such kind as they shall deem necessary. The commissioners may for this purpose contract with any individual or with any municipal or private corporation. The cost of the construction may and the cost of maintenance of the said lights shall be paid by the county.
(2901 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2902. System of Main Thoroughfares in County.--(a) Adoption of System. The county commissioners may, in the manner provided by this section, cause to be laid out, surveyed and adopted a system of main thoroughfares which said board shall adjudge the proper roads to be established and specially constructed and improved. In adopting such system, the commissioners shall consider the population and needs of all parts of the county and make an equitable distribution of the roads to be specially constructed, located and improved by the said county. They shall cause a plan or plans to be made showing said system of proposed roads, the relation of the proposed roads to existing public roads which connect therewith or are to be supplied thereby, the names of abutting property owners, and also roads which already have been improved by the county. Upon approval of said plan or plans by the commissioners, they shall cause said approval to be engrossed upon said plans and certified by at least two commissioners. Said plans shall be filed for public inspection in the office of the commissioners and recorded in the office of the recorder of deeds in a book to be provided for the purpose.
No part of the proposed roads of said system shall be an easement upon private property or in any manner interfere with the use thereof until established as a public road by the action of the court of quarter sessions.
(b) Improvement of Municipal Roads. Whenever such system of main thoroughfares has been adopted or when the adoption thereof is contemplated within two years after the commencement of such improvement, the commissioners may take exclusive control of and improve any road or section thereof located either wholly or in part in any municipality, whether existing by their authority or laid out in whole or in part by virtue of this act or otherwise. For that purpose, they may originally locate, lay out, establish in whole or in part, relocate, straighten, widen, extend, alter and open roads, and construct and improve the same, and vacate so much of any roads as may be thereby rendered unnecessary and useless. Any road as established or altered, constructed and improved under the provisions of this subsection shall, by ordinance enacted by each municipality through which such road shall pass, become municipal roads, and the duty of maintaining and keeping the same in repair shall devolve upon each respective municipality through or into which the same extends.
(c) Plan of System to Be Followed; Variations. After such plans have been adopted and recorded pursuant to law, all applications under the preceding subsection shall be restricted and shall relate only to the establishing, opening, construction and improvement of the proposed roads of said system or parts thereof and the vacation of roads supplied by the portion opened and improved. The commissioners may relocate, straighten, widen, extend, alter and open, construct and improve the proposed roads as laid out, surveyed, marked and shown upon the plans of said system, or to originally locate, lay out and establish, construct and improve roads which substantially supply said system or parts thereof which, although not parts of said system, are deemed by the said court to be main thoroughfares of sufficient importance to be improved by the county and to be added to said plan, and in such case to vacate so much of the roads of said system and of roads already established as may be rendered unnecessary by the changes or by an entirely new location.
(d) Improvement of Roads Not Part of System on Contribution From Parties Interested. The commissioners may also originally locate, lay out and establish in whole or in part, relocate, straighten, widen, extend, alter and open, construct and improve roads not parts of said system nor deemed main thoroughfares, upon parties interested therein paying or securing to be paid, such proportion of the cost of the original construction and improvement as the commissioners may deem just, which shall not be less than one-fourth of such cost in any case.
(e) Annual Tax. The commissioners may levy, assess and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within the county taxable for county purposes, for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in locating, opening, widening, straightening, extending, building, improving, maintaining, repairing or vacating of the roads or parts thereof improved under the provisions of this section, and for the taking and using of such land as may be made necessary in constructing and maintaining proper slopes, embankments, fills and culverts. The moneys so raised shall not be expended for any other purposes than those named in this subsection. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued, in the manner provided by this act, upon estimates which shall be made from time to time by the person charged with such duty, and the amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized.
(f) Borrowing Money and Bond Issue. Any county may borrow money and secure such indebtedness for the purpose of building and improving the roads or any part thereof constructed under the provisions of this section.
(2902 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2903. Providing Roads, Tunnels, Subways and Underground Roads.--(a) Whenever the county commissioners shall deem it expedient so to do, they may cause to be purchased, located, constructed, operated and maintained roads, tunnels, subways or underground roads anywhere within the county, either wholly or partly within the boundaries of any city, borough or township. Any road, tunnel, subway or underground road purchased or constructed under the provisions of this section shall forever thereafter be a county road, tunnel, subway or underground road, and the duty of maintaining and keeping the same in repair shall devolve upon the county. The expense thereof shall be paid by the county as hereinafter provided.
(b) Contracts or Lease for Special Use of Improvements. The commissioners may make a contract or lease with any street railway or transportation company, its successors and assigns, for the concurrent use of such a portion of said road, tunnel or subway or underground road, as shall not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon.
(c) Taking Street or Other Property of Municipality. Should the commissioners of the county deem it necessary or advisable to enter upon or appropriate any road or property of any city or borough in the county, or take any other action affecting the property rights or authority of such municipality, for the purpose of constructing or maintaining a road, tunnel, subway or underground road, or in connection with the improvement of any of them, which has been or is about to be purchased by the county or otherwise, the consent thereto of such municipality by ordinance shall be obtained before the actual entering in or upon or the appropriation of such road or property. After such entry and appropriation, the county shall be liable and charged with the supervision, control and maintenance of said roads and properties, or so much thereof as is taken and used for the purpose of constructing and maintaining such road, tunnel, subway or underground road, or in connection with the improvement of any of them, purchased or to be purchased as aforesaid.
(d) Annual Tax Levy. The commissioners may levy, assess and collect an annual tax, of not more than two mills on the dollar, on all real and personal property within the county taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the purchasing, improving, locating, opening, constructing, maintaining and repairing roads, tunnels, subways and underground roads, purchased or constructed under the provisions of this section, and the taking and using of such land as may be made necessary in constructing the same and in maintaining proper slopes, embankments, approaches and termini for said roads, tunnels, subways and underground roads. The money so raised shall not be used or expended for any other purposes than those named in this subsection. All warrants for the payment of any portion of the money raised for the purposes aforesaid shall be issued, in the manner provided by this act, upon estimates which shall be made from time to time by the person charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized.
(e) Borrowing Money and Bond Issue. The county may borrow money and incur indebtedness to an amount not exceeding the constitutional limitations, for the purchase and improvement or construction of such roads, tunnels, subways and underground roads.
(2903 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2904. General Provisions.--(2904 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2905. Drains and Ditches.--In the construction, reconstruction or maintenance of any county road or highway, the county is hereby authorized and empowered to enter upon private property, except the right of way of a railroad company, for the purpose of constructing, reconstructing or maintaining storm water drains, ditches or channels, and the inlets and outlets thereto.
Section 2906. Damages for Entry on Lands.--Any damages sustained by the owner or owners of land entered upon by the county shall be paid by the county or counties within which said property is located. The determination of the amount of damage shall be in accordance with existing laws relative to determination of damages for the location, relocation, construction, reconstruction, etc., of county roads.
Section 2907. Penalties for Injuring Drains, Etc.--If any person shall stop, fill up or injure any such drain, channel or ditch, or the inlets or outlets thereto, or shall divert or change the course thereof, without any authority of the county, or shall be responsible for the same, and does not eliminate or remove such obstruction of or interference with said drains, channels, ditches, etc., upon ten (10) days notice in writing from the county so to do, then and in that case such person shall be convicted of a summary offense. Every day's violation, after written notice has been received by the proper person, shall constitute a separate offense: Provided, however, That nothing herein contained shall limit or deprive the said counties of any other remedy which they may now or in the future have, in law or equity.
(2907 amended Nov. 30, 2004, P.L.1439, No.186)
(b) Vacation as County Roads
Section 2909. Vacation as County Roads.--Upon petition of the county commissioners, the court of common pleas may vacate as a county road any portions of any abandoned or condemned road, or any portions of any road purchased by the county, or of any road, the permanent location or improvement whereof has been ordered or made under this or former acts relating to county roads. All portions of such roads so vacated shall become and be township roads, if located within a township, or shall become and be borough or city roads, if located within a borough or city. Written notice of the contents of said petition and the time when the same will be presented to the court shall be given by the county commissioners to the supervisors or commissioners of the township or townships or to the council of the borough or city through which said road passes, at least ten days before the date of presenting the same. At the time said petition is presented, the court may fix a time for hearing in open court, or may refer the matter to an examiner to take testimony and report his findings to the court at such time as the court shall direct. At any hearing in open court or before an examiner appointed by the court, all parties in interest may appear and be heard. After such hearing, the court, if it shall find that the conditions prescribed by this act have been complied with, may grant the prayer of the petitioners and make a decree accordingly or make such order in the premises as it deems right and just. No order of vacation shall be made until the township, borough or city affected shall have consented thereto by an ordinance or resolution certified to the court.
(2909 amended Nov. 30, 2004, P.L.1439, No.186)
(c) Continuous Highways from One County
to Another
Section 2912. Laying Out; Altering; Vacating.--Roads forming or intended to form a continuous highway from one county to another, which cross a river, creek or rivulet forming a boundary line between said counties, may be laid out or altered or vacated in the manner provided in the case of other roads.
(2912 amended Nov. 30, 2004, P.L.1439, No.186)
(d) County Aid to Municipalities and Townships
Section 2920. Municipal Streets Connecting Two Ends of County Road.--When a city or borough intervenes between two ends of a county road, and the municipality has failed to properly improve the municipal streets constituting the shortest and most reasonable route through said municipality which will connect the two ends of such county road, the board of commissioners may contract with the corporate authorities of the municipality that the shortest and most reasonable route through said municipality connecting the two ends of such highway be improved.
Section 2921. Municipal Streets as Terminus of County Road.--When a county road terminates at the corporate limits of a city or borough in the same or in another county and connects with a municipal street which the municipality has failed to properly improve, and the commissioners of the county in which the municipality is located deem the improvement of such municipal street necessary in order to make such county road easily accessible to the residents of the municipality or to the traveling public, the county commissioners may contract with the corporate officials of the municipality that such municipal street or any part thereof be improved, and also that there be improved, when necessary, any parts of the streets connected therewith which connect said county road with the business districts of said municipality or with a system of improved streets therein or which connect the said road with another county road terminating at the limits of said municipality. If several municipalities are contiguous to each other and at the corporate limits of any one of them a county road terminates and one or more of such municipalities have failed to properly improve any municipal street therein, and the county commissioners deem the improvement of such street necessary in order to make such county road easily accessible to the residents of the municipality or to the traveling public, the board of commissioners may enter into a similar contract with the corporate authorities of such municipality or municipalities.
Section 2922. Improvements.--The board of commissioners may widen, repave or otherwise improve said municipal streets whenever the same is necessary to accomplish any of the purposes of sections 2920 and 2921 of this act. Whenever such improvement is made to a municipal street, the county may pay the total cost of such improvement, or the cost may be divided between or among the municipality or municipalities and the county. The contract for any such improvement may be taken by the county upon the stipulation by any municipality to pay its proportionate share of the cost, if any, upon the completion of the work, or it may be taken by any municipality upon a like stipulation of the county, or the improvement may be made by joint contract.
Section 2923. Maintenance.--Before any municipal street is so improved, the board of commissioners and the council of such municipality shall agree upon the maintenance of such street. Such agreement may provide that such street shall be kept and maintained in good repair by the municipality, in which case, upon the completion of said improvement, all further liability and responsibility of the county shall cease and determine, or it may provide that it shall be kept and maintained in good repair by the county and the share of the municipality shall be paid annually to the county.
Section 2924. Contracts With Borough, Township or Incorporated Town.--The board of commissioners may contract with the authorities of any borough or township, separately or jointly, providing that the commissioners shall construct an improved road in a similar manner as a county road. The expense or cost of said construction shall be borne jointly by the borough, township and the county in such ratio or proportions as may be agreed on in said contract or contracts, irrespective of whether the municipality intervenes between two ends of the county road or not, or whether or not the municipality is the terminus of a county road, State highway or township road.
Section 2925. Payment.--Payment for the construction of said road or roads shall be made by the county, which shall be reimbursed by the borough or township in such sums as agreed upon in said contract or contracts, upon presentation to them, from time to time, of estimates and bills for work already performed and paid for.
Section 2926. Repair and Maintenance.--Any such road constructed jointly shall be repaired and maintained at the expense of the county, but nothing shall prevent the authorities of a borough or township from entering into a contract or contracts with the county for the maintenance of said improved road under such terms and conditions as may be mutually satisfactory.
Section 2927. Where Center Line of Highway is Boundary Between City or Borough and Township.--Whenever the center line of any road constitutes the dividing line between any city or borough and a township located in the same county, the board of county commissioners and the commissioners or supervisors of such township may enter into a contract with the city or borough providing for the grading, curbing and macadamizing or paving of the roadway of said road. The cost thereof shall be borne one-half by the city or borough and one-half by the county and township, in equal portions.
Section 2928. Alteration or Improvement.--The said alteration or improvement shall be constructed and subsequent repairs shall be made under the supervision of the proper authorities of the city or borough, in compliance with laws governing the construction of such alterations or improvements in said city or borough, and in further compliance with plans and specifications to be agreed upon in writing between the said city or borough and the board of commissioners of the county and commissioners or supervisors of the township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township, or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.
Section 2929. Where Center Line of Road is Boundary Between City or Borough and Township in Adjoining County.--Whenever the center line of any road constitutes a dividing line between a township and a city or borough located in an adjacent county, the board of commissioners of the county and the commissioners or supervisors of such township may enter into a contract with the city or borough providing for the grading, curbing, macadamizing or paving of the roadway of said road. The cost thereof shall be borne one-half by the city or borough and one-half by the township and the county in which such township shall be situated, in equal portions.
Section 2930. Alteration, Improvement and Repairs.--Said alteration or improvement shall be constructed and subsequent repairs shall be made under the supervision of the authorities of the city or borough, in compliance with laws governing such construction or improvement by such city or borough, and in further compliance with plans and specifications to be agreed upon in writing between such municipality and board of commissioners of the county and the commissioners or supervisors of the township. The cost of repairs shall be borne one-half by the municipality and one-half by the township, or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.
Section 2931. Improvement on Order of Court of Common Pleas.--(Hdg. amended Nov. 30, 2004, P.L.1439, No.186) (a) In all cases in which it shall be found impossible to enter into such contracts or agreements, or where either the city or borough and the township or the county in which such township is situated shall refuse to enter into such contract or agreement, either the municipality or the county or township may present its petition to the court of common pleas of either county setting forth the facts and circumstances, including the condition of the road from which the necessity and desirability for the grading, curbing, macadamizing or paving of the roadway appears, and the estimated cost thereof, and that the terms of such contract cannot be agreed upon by the municipality and county or township, or either or any of them, or that either such municipality or the county or township or any of them refuses to enter into such contract. ((a) amended Nov. 30, 2004, P.L.1439, No.186)
(b) The petition may pray that the court, after hearing all the parties concerned, make its order or decree defining the nature and character of the improvement reasonably necessary or desirable to be made to the roadway, and requiring the parties hereinabove specified to enter into a contract or contracts for the making and constructing of the same as herein provided for. A copy of said petition, duly certified, shall be served upon the municipality or county and township concerned, other than the petitioner, with notice of the day fixed by the court for the hearing. Thereupon, any of the parties served with such notice shall be entitled, on or before such date, to file in the court its answer to said petition setting forth its version of the facts or such other matters in relation thereto as may be deemed necessary or proper by it.
(c) The court, upon the date fixed or at such other time as it may appoint, shall hear the evidence of the parties, or it may refer the matter to a master who shall hear the testimony of the parties and report his findings, in the same manner and under the same procedure as provided by the rules in equity in similar cases, to the court, which may reject, confirm or modify the same, and may make its decree or order directing the making of such alterations or improvements to the roadway as may be deemed reasonably necessary or desirable, and providing for the sharing of the cost of such improvements, one-half by the municipality and one-half by the county and township, in equal portions.
(d) Said order or decree may further provide that the repairs to such alterations and improvements subsequently required shall be borne one-half by the municipality, whether borough or city, and one-half by the county or township, in equal portions, or such other proportions as between the county and the township as such court may find to be legal and proper. Thereupon, the grading, curbing, macadamizing or paving of the roadway of such road shall proceed in accordance with the decree or order of the said court, in the same manner as if the contract or agreement had been entered into and duly executed.
Section 2932. Guards or Barriers Along Township Roads.--(2932 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2933. Improvements of Roads Connecting with State Highway.--The county may, singly, or jointly with any city or borough, appropriate and expend moneys for the improvements of any road, not more than one mile in length in distance, outside of the limits of such city or borough, for the purpose of connecting improved streets in such cities or boroughs with a State highway.
Section 2934. Purchase of Road Machinery; Renting of Road Machinery to Townships.--The county commissioners of any county may purchase such machinery for the preparation of road material and the construction and maintenance of roads as they deem necessary and pay for the same out of the general funds of the county. Such machinery may be rented by the county commissioners to any of the townships within such county applying for same, under such regulations and at such rentals as the county commissioners shall prescribe and fix. All machinery purchased under the provisions of this section shall be operated only by persons employed for that purpose by and under the direct supervision of the county commissioners.
(e) Detours
Section 2940. Laying Out Detours When County Road is Closed.--(a) Except in the case of emergency wherein the safety of the public would be endangered, no county road shall be closed to vehicular traffic except upon order of the county commissioners, nor for a longer period than is necessary for the purpose for which such order is issued. Except for temporary emergency police measures wherein the safety of the public would be endangered if it were not temporarily closed, no county road shall be closed to vehicular traffic when the same has been designated as a detour by the Department of Transportation unless the written consent of the Department of Transportation has first been obtained, or unless the county commissioners having jurisdiction over said road shall, by resolution, declare such closing necessary for the protection of the public safety. ((a) amended Nov. 30, 2004, P.L.1439, No.186)
(b) Whenever any county road shall be closed to vehicular travel, the board of commissioners shall immediately designate or lay out a detour, on which they shall cause to be erected and maintained, while such detour is in use, legible signs at each public road intersection throughout its entire length indicating the direction to the main highway. During the period when such detour is in use, the county commissioners shall maintain such detour in safe and passable condition. They shall also immediately remove all detour signs when the highway originally closed is again opened for traffic.
(c) The county commissioners shall, as soon as possible, repair the road designated as a detour and place it in a condition at least equal to its condition when designated as a detour.
(d) "Highway" as used in this act includes all public thoroughfares and ways equally with the word "road," for convenience of expression.
Section 2941. Detour Over Private Lands.--Whenever necessary in the creation of a detour as aforesaid, the county commissioners responsible for laying out the detour may enter into an agreement with the owners of private lands covering the acquisition of right of way privileges over private property for the period when the main highway shall be closed to traffic. In the exercise of the rights conferred by this section, the county commissioners responsible are hereby empowered to pay for the necessary maintenance, subsequent repair and land rental out of such funds as are available for the construction and maintenance of the roads in their charge.
Section 2942. Fines and Damages.--(a) Any person who shall wilfully remove, deface, destroy or disregard any barricade, light, danger sign, detour sign or warning of any character whatsoever, erected or placed under authority of section 2940 of this act, or who shall drive on, over or across any road which has been closed by proper authority, shall be convicted of a summary offense: Provided, however, That persons who have no outlet due to the closing of a road may drive on, over or across such road, with the consent in writing of and subject to such conditions as may be prescribed by the county commissioners responsible for the closing, or their agents or contractors, without being subject to the fines imposed by this section.
(b) In addition to the fines herein provided, the county commissioners responsible for the maintenance of a road which has been closed to vehicular traffic, or their agents or contractors, may, in an action at law, recover damages from any person or persons who have damaged a road when it is closed to vehicular traffic.
(c) All fines collected under the provisions of this section shall be paid to the county treasurer for the general fund use of the county.
(2942 amended Nov. 30, 2004, P.L.1439, No.186)
(f) Protection of Roads
Section 2950. County Road Caretakers.--(2950 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2951. Caretakers Not Entitled to Fines or Penalties.--(2951 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2952. Badge of Caretaker.--(2952 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2953. Rules for Protection of Road; Penalty for Violation.--(2953 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2954. Penalty for Destroying, Et Cetera, Index Boards.--(a) It shall be unlawful for any person to wilfully destroy, remove, injure or deface any sign or index board erected upon or near any public street, road or bridge by the authorities of any county, or erected, with the consent of such authorities, by any club, association or other organized body, for the direction, guidance or safety of travelers. Any and all such signs of wood, metal or other substance, affixed to trees or posts in or upon any roads, properly erected in such manner that they do not interfere with travel, or upon fences, telegraph, telephone, trolley or other poles, with the permission of the owners thereof, or upon private grounds, where consent has been obtained from the owners and tenants thereof, and which are close to roads, shall be within the provisions of this section.
(b) Any person violating the provisions of this section shall be convicted of a summary offense and, in addition to other fines and penalties provided by law, may be required to provide reimbursement for the value of such sign so destroyed. ((b) amended Nov. 30, 2004, P.L.1439, No.186)
Section 2955. Snow Fences.--(a) The county which is responsible for the maintenance of any road may enter upon private property adjacent to such road and place thereon snow fences, at any point as may be deemed necessary to within a limit of one hundred feet from the right-of-way line of such road, in order to eliminate snow drifting on the traveled portion thereof.
(b) No snow fence authorized under this section shall be placed prior to November first nor shall the same remain in place after April first of the succeeding year, unless the written consent of the owner of the adjacent property is obtained, agreeing to an extension of time for the removal of said snow fence.
(c) If the county responsible for the maintenance of the road shall not be able to enter into an agreement with the owner of adjacent property occupied by such snow fence as to the amount of damages sustained as a result of said fence being placed and removed, the owner may petition the court of the proper county for the appointment of viewers to ascertain the amount of damages incurred in such case. The appointment of viewers and the procedure thereafter shall be governed and be in accordance with this act, as provided for eminent domain proceedings. Such damages, if any, when ascertained, shall be paid by the county responsible for the maintenance of the road, and any funds available to the county for the construction and maintenance of roads under their supervision shall be available for the payment of such damages.
Section 2956. Elimination of Dangerous Curves and Widening of Narrow Roads.--The county may acquire, by purchase or by the right of eminent domain, such property and lands situate along or adjacent to any county road as, in the opinion of the commissioners of such county, may be necessary to eliminate dangerous curves and widen narrow roads, for the better protection and safety to the traveling public.
Upon any such purchase or condemnation, the county commissioners having had such property and lands condemned may, from time to time, cause to be abated or removed any such dangerous curve or curves or widen such narrow road to the extent of the property and land so acquired.
Proceedings for the condemnation of such property and lands shall be as provided in Article XXVI of this act.
Article XXX
Recreation Places
(a) General
Section 3001. Acquisition of Land and Buildings for Recreation Places.--(a) The county commissioners may designate and set apart for use as parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers, and as agricultural fairgrounds, any lands or buildings owned by such county and not dedicated or devoted to other public use.
(b) The county commissioners may also acquire lands or buildings for such purposes by gift, purchase or may lease lands or buildings in such county for temporary use for such purposes.
(3001 amended Dec. 7, 1982, P.L.778, No.224)
Section 3002. Equipment and Maintenance.--The authority to supervise, build and maintain fairgrounds, parks, parkways, bridle paths, horse show rings, footpaths, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers may be vested in any existing body or board, or in a park board, or recreation board, or fair board, as the county commissioners may determine. The county commissioners of the county may equip, operate and maintain the fairgrounds, parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, swimming pools, public baths or indoor recreation centers as authorized by this act, and may, for the purpose of carrying out the provisions of this act, employ play leaders, recreation directors, supervisors, superintendents or any other officers or employes, as they deem proper.
(3002 amended Dec. 7, 1982, P.L.778, No.224)
Section 3003. Fair, Park and Recreation Boards.--(a) If the county commissioners shall determine that the power to supervise fairgrounds, parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or recreation centers shall be exercised by a park board or recreation board or fair board, they may establish in said county such fair board, park board or recreation board, which shall possess all the powers and be subject to all the responsibilities of the respective county commissioners. Any of such boards when established, shall consist of a minimum of five persons and a maximum of nine persons.
(b) The members of such boards shall be appointed by the commissioners of such county and shall be appointed for a term to extend no longer than five years and the terms of the members shall be staggered in such a manner that at least one expires annually. Members of such board shall serve without pay. Vacancies in such board occurring otherwise than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments.
(3003 amended Dec. 7, 1982, P.L.778, No.224)
Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 3003 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(b) (relating to equality of rights based on sex)..
Section 3004. Officers of Board.--The members of a fair board, park board or recreation board, established pursuant to this act, shall elect their own chairman and secretary and select all other necessary officers, to serve for a period of one year, and may, with the consent and approval of the county commissioners, employ such persons as may be needed, as authorized by this act. Such board shall have power to adopt rules and regulations for the conduct of all business within their jurisdiction.
Section 3005. Joint Action.--The county authorized by this act to acquire property for and operate and maintain any fairgrounds, parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers may acquire property for such purposes, and operate and maintain the same jointly with any other county or any city, borough, township or school district.
(3005 amended Dec. 7, 1982, P.L.778, No.224)
Section 3006. Indebtedness.--The county commissioners may issue bonds for the purpose of acquiring lands or buildings for fairgrounds, parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers, and for the equipment thereof.
(3006 amended Dec. 7, 1982, P.L.778, No.224)
Section 3007. Payment of Expenses; Taxation; Annual Fairs; State Contributions.--(a) All expenses incurred in the operation of such fairgrounds, parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, swimming pools, public baths and indoor recreation centers, established as herein provided, shall be payable from the treasury of such county. The county commissioners may annually appropriate and cause to be raised by taxation such tax, not to exceed two mills on the dollar of the assessed valuation of taxable property in such county, for the purpose of maintaining and operating such fairgrounds, parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools and recreation centers. ((a) amended Dec. 7, 1982, P.L.778, No.224)
(b) The county commissioners or the fair board, if there be one, may provide for and hold an annual fair or agricultural exhibition on the fairgrounds acquired or maintained as aforesaid, and may accept aid or contributions from the Commonwealth under the act of Assembly for the payment of premiums at any such fair or exhibition.
(b) Parks
Section 3025. County May Provide Parks.--It shall be lawful for and the right and power is hereby conferred upon the county to enter upon, take, use and appropriate, by the right of eminent domain, and to acquire by purchase, lease, gift, devise or otherwise, private property, for the purpose of establishing, making, enlarging, extending, operating and maintaining public parks and multiuse recreational trails within the limits of such county, whenever the county commissioners thereof shall, by resolution, determine thereon.
(3025 amended Dec. 9, 2002, P.L.1383, No.170)
Section 3026. Eminent Domain Proceedings.--In all cases wherein the county shall enter upon, take, use and appropriate private property for the aforesaid purposes, by resolution of the county commissioners, if the compensation and damages arising therefrom cannot be agreed upon by the owners thereof in such county, such compensation and damages shall be considered ascertained, determined, awarded and paid in the manner provided in this act for such proceedings.
Section 3027. Title Acquired in Eminent Domain Proceedings.--In every case of the taking of property by eminent domain hereunder, the county may acquire fee simple title or an easement or any other interest therein in the said property.
(3027 amended Dec. 9, 2002, P.L.1383, No.170)
Section 3028. Improvements in Parks.--The county commissioners shall have the power to govern, manage, operate, lay out, plant and ornament the said public parks, and to maintain the same in good order and repair, and to construct all proper bridges, buildings, roadways, lakes, golf courses, playgrounds, bridle paths, horse show rings and other improvements therein, and to make rules and regulations for the conduct of the patrons thereof, and to repress all disorders therein, under the provisions hereinafter contained.
(3028 amended Dec. 7, 1982, P.L.778, No.224)
Section 3029. Park Buildings.--The county commissioners shall have exclusive power to lease all houses, cottages and buildings within the park limits which may be let without prejudice to the interest and purposes of the park, and to collect the rents.
Section 3030. Use of Receipts.--All rents, license charges and fees, all fines, proceeds of sales, except of lands purchased, and profits of whatsoever kind, to be collected, received, or however realized, shall be paid into the county treasury as a fund to be exclusively appropriated by the county commissioners for park purposes: Provided, That moneys or property given or bequeathed to the county commissioners upon specified trusts shall be received and receipted for by the county treasurer and held and applied according to the trusts specified.
Section 3031. Penalties.--Any person who shall violate any of said rules and regulations which shall be ordained by the county commissioners for the government of said public parks, not inconsistent with this act or the laws and Constitutions of this State and the United States, the power to ordain which rules and regulations is hereby expressly given to said commissioners, shall be guilty of a summary offense, and, upon conviction thereof, shall pay such fine as may be prescribed by the county commissioners, to be recovered before any alderman or justice of the peace of said county, which fines shall be paid into the county treasury.
(3031 amended Dec. 7, 1994, P.L.843, No.118)
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 3032. Damages; Forfeiture of Leases.--Any person violating any of said rules and regulations shall be further liable to the full extent of any damage by him or her committed, in trespass or other action, and any tenant or licensed party who shall violate the said rules and regulations or any of them, or consent to or permit the same to be violated on his or her or their premises, shall forfeit his or her or their lease or license and shall be liable to be forthwith removed by a vote of the county commissioners, and every lease and license shall contain a clause making it cause of forfeiture for the lessee or party licensed to violate or permit or suffer any violation of said rules and regulations or any of them.
Section 3033. Employes; Police.--For the purpose of performing all necessary duties relating to the establishing, making, enlarging, extending and maintaining public parks and for enforcing the rules and regulations ordained by the county commissioners for the conduct of the patrons thereof, the said county commissioners are hereby authorized to employ or appoint and equip proper persons to do all necessary and proper work connected therewith, including police duty, the compensation of all persons so employed to be fixed by the salary board of the county.
Section 3034. Duty of Police.--It shall be the duty of the police appointed to duty in said public parks, without warrant, forthwith to arrest any offender against the rules and regulations ordained by the county commissioners that they may detect in the commission of such offense, and to take the person so arrested forthwith before a magistrate, alderman or justice of the peace having competent jurisdiction.
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 3035. Indebtedness; Taxation.--The county commissioners may issue bonds for the purpose of acquiring lands or buildings for parks, playgrounds, playfields, gymnasiums, swimming pools, public baths or other outdoor or indoor recreation centers, and for the enlargement, extension and equipment thereof, and may annually appropriate and cause to be raised by taxation such taxes, not to exceed one mill on the dollar of the assessed valuation of taxable property in the county, for the purpose of establishing, making, enlarging, extending and maintaining same.
(c) Fair Grounds
Section 3050. County May Take Title to Fair Grounds.--Where the owner or owners of any real estate, with or without improvements thereon, adapted to the use or purpose of public agriculture fairs or exhibits are willing to convey said real estate to the county wherein located, to be held in trust for citizens and inhabitants of the county, the county commissioners shall have the right to take title thereto and hold such real estate in trust for the benefit of the citizens and inhabitants of the county.
Section 3051. Contributions Permitted.--The county commissioners of the county shall have the power to receive and accept contributions in building or materials for additional improvements on the real estate conveyed and held in trust, as provided in section three thousand fifty.
Section 3052. Leases.--The county commissioners may lease said real estate to any incorporated agriculture association willing and financially able to manage said premises, on condition that said premises will be used annually for agriculture fairs and exhibitions each year without any liability on the part of the county and with no expense to the county. Upon failure of any lessee to comply with the terms of any lease, the county shall retake possession of the real estate.
Section 3053. Sale of Unused Grounds.--If, for a period of five years, no public use of said real estate as contemplated by the grant to the county is made, the county commissioners shall have power to sell such real estate.
(3053 amended Nov. 30, 2004, P.L.1439, No.186)
ARTICLE XXX-A
COUNTY JAIL OVERSIGHT BOARD
(Art. repealed Aug. 11, 2009, P.L.147, No.33)
Section 3001-A. Short Title.--(3001-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3002-A. Definitions.--(3002-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3003-A. County Jail Oversight Board.--(3003-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3004-A. Powers and Duties.--(3004-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3005-A. Rules and Regulations.--(3005-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3006-A. Warden.--(3006-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3007-A. Board Meetings.--(3007-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3008-A. Contracts and Purchases.--(3008-A repealed Aug. 11, 2009, P.L.147, No.33)
Section 3009-A. Construction.--(3009-A repealed Aug. 11, 2009, P.L.147, No.33)
Article XXXI
Fire Marshals in Counties of the Second Class
(Hdg. amended Oct. 20, 1967, P.L.472,
No.224)
Compiler's Note: Section 13 of Act 214 of 1990 provided that nothing in Act 214 shall be construed to repeal Article XXXI.
Section 3101. Appointments; Qualifications; Salaries; Duties of Deputy Fire Marshals.--The county commissioners shall, on the fourth Monday of March, in the year one thousand nine hundred forty-three, and every fourth year thereafter, appoint a citizen of such county to serve as fire marshal and such number of citizens of said county as the county commissioners may deem necessary to serve as deputy fire marshals. In making such appointments, the county commissioner representing the minority political party in the county shall name one of the deputy fire marshals, and as vacancies occur the commissioner representing the minority party shall name the successor to any deputy fire marshal selected by a commissioner representing the minority party. The fire marshal and deputy fire marshals shall serve at the pleasure of the board of county commissioners. The fire marshal shall report to and be subject to the supervision of the superintendent of county police or his authorized designee. The deputy fire marshals shall report to and be subject to the supervision of the fire marshal. No person shall be appointed fire marshal unless he shall have had ten years active service as a member of a fire department, and no person shall be appointed a deputy fire marshal unless he has had five years experience as an active member of a fire department. The salary of the fire marshal and the deputy fire marshals appointed under the authority of this act shall be fixed by the salary board and shall be in lieu of all other salary or compensation from any source whatsoever. The deputy fire marshals appointed as aforesaid shall have the same powers and shall perform the same duties as those prescribed for the fire marshal.
The salary herein authorized shall be provided for by the county commissioners and paid semi-monthly out of the county treasury.
(3101 amended May 16, 1996, P.L.210, No.39)
Section 3102. Offices and Supplies.--The county commissioners shall provide the fire marshal and deputy fire marshals with suitable offices, and shall pay or cause to be paid out of the treasury all the costs of maintenance thereof, including clerk and stenographic hire, and all necessary supplies, stationery, postage and other incidental expenses.
(3102 amended May 16, 1996, P.L.210, No.39)
Section 3103. Oath of Office and Bond.--Before entering on the duties of his office, the fire marshal and deputy fire marshals shall take an oath of office and furnish bond as is now provided by law in the case of other county officers.
(3103 repealed in part Nov. 22, 2011, P.L.431, No.106)
Section 3104. Attendance at Fires; Duties and Powers; Aid and Assistance; Investigations.--The fire marshal or one of his assistants shall attend, if practicable, all fires occurring in the county, and shall endeavor to save and protect from the fire all property in danger therefrom and to protect such property from loss by pillage and theft and from injury and destruction in any manner, and he shall have power to take any measures he may deem proper and expedient for that purpose, and he shall also have power to call upon any constable, policeman or citizen of any city, ward, borough or township in the county to aid and assist him in protecting and saving property, as aforesaid, and to aid and assist in carrying into execution any measures he may deem proper and expedient, as aforesaid, and he shall investigate and, if possible, ascertain the origin and cause of every fire occurring in the county, the nature and value of the property injured or destroyed thereby, whether said property was insured or not, and if insured, the amount of such insurance, by whom effected, for whose benefit and by whom the risk was taken, the names and places of residence of the owner or owners and of all parties interested in the property injured or destroyed and the nature and amount of such interest.
Section 3104.1. Rules and Regulations; Permits and Fees; Notice of Fires.--(a) The county commissioners shall adopt and enforce, except in cities of the second class, rules and regulations governing the having, using, storage, sale and keeping of gasoline, naphtha, kerosene or other substances of like character, as promulgated by the Pennsylvania State Police under the laws of the Commonwealth of Pennsylvania.
(b) The county commissioners may adopt and enforce rules and regulations not in conflict with local ordinances for the fire marshal, except in cities of the second class, governing the following:
(1) The requiring and placing of fire extinguishers, sprinkler systems and other fire preventive equipment in buildings, except in private homes, installation shall be made within one year after notification.
(2) The requiring of reports of losses in an amount of one hundred dollars ($100) or more, as now provided by law and regulation to be made to the Pennsylvania State Police, to the fire marshal of said county, of fires and explosions by fire insurance companies operating or writing insurance on property located in said county. Such reports may be filed on behalf of such companies by an actuarial bureau or statistical organization.
(c) The county commissioners may adopt and enforce rules and regulations requiring permits for any matter or matters governed by the rules and regulations adopted pursuant to the provisions of this section and to collect reasonable fees therefor.
(d) Any person violating any of the rules and regulations formulated and adopted by the board of county commissioners pursuant to this section shall, upon conviction thereof at a summary proceeding, be sentenced to pay such fine as may be prescribed in such rules and regulations by the county commissioners, but not in excess of one hundred dollars ($100), to be paid to the use of the county, with costs of prosecution or to be imprisoned in the county jail for not more than thirty days.
(3104.1 added July 14, 1961, P.L.632, No.326)
Section 3105. Investigation, Transfer to County Police for Prosecution.--If, in any investigation, it shall appear to the fire marshal or deputy fire marshal, from the evidence presented or obtained, that any building or other property in the county has been wilfully set on fire by any person or persons, the fire marshal or deputy fire marshal shall transfer the evidence presented or obtained during the course of the investigation to the county police evidence room technician, along with a recommendation to the superintendent of county police for criminal prosecution of the person or persons responsible for setting the fire.
(3105 amended May 16, 1996, P.L.210, No.39)
Section 3106. Administration of Oaths; False Testimony; Subpoena and Attachment; Refusal to Testify or Produce Documents.--The fire marshal or deputy fire marshal, in order to enable them to discharge the duties required in the foregoing section, shall have power to administer oaths and affirmations in the discharge of the duties of his office, and a wilful violation of any oath or affirmation so administered by him, or wilfully and knowingly giving false testimony before him, shall be perjury; and he shall have power to compel the attendance of any person whom he may desire to examine in relation to any fire by subpoena and attachment; and if any person shall refuse to be sworn or affirmed or to testify in relation to any of the matters in regard to which it is the duty of the fire marshal to make investigation, or shall refuse to produce before the fire marshal any books, papers or documents in their possession which the said marshal may deem necessary to enable him to ascertain the truth in any investigation then being made by him, the said marshal shall have the power, upon the approval of the superintendent of county police and the authorized representative of the district attorney's office, to commit such person to the county jail until such person shall be willing to and shall be sworn or affirmed or testify or produce the books, papers and documents, as the case may be, and no longer: Provided, That no testimony taken under oath or affirmation before the fire marshal, as aforesaid, shall be used in evidence against the party giving it in any civil or criminal proceedings whatsoever, except in prosecutions against such party for perjury.
(3106 amended May 16, 1996, P.L.210, No.39)
Section 3107. Disobedience of Orders; Refusal to Execute Warrant; Hindering or Obstructing Marshal.--Any constable, policeman, watchman or citizen who shall refuse or neglect to obey the orders or directions of the fire marshal when called upon by him to aid or assist in saving or protecting any property at any fire, or any person or persons who shall wilfully hinder or obstruct or attempt to hinder or obstruct the fire marshal in the performance of his duties, shall be guilty of a misdemeanor, and, upon conviction thereof in the court of common pleas of the county, shall be punished by a fine not exceeding fifty dollars ($50) and imprisonment in the county jail for a term not exceeding one (1) year.
(3107 amended May 16, 1996, P.L.210, No.39)
Section 3108. Examination of Buildings and Structures; Notice to Alter, Remove or Amend.--Upon written request of the governing body of any municipality located within the county, the fire marshal or a deputy fire marshal shall have the power to examine the dwelling houses and any other buildings and structures in the county for the purpose of ascertaining whether, by reason of age or dilapidated condition or accumulation of waste, rubbish, debris, explosive or inflammable substance, or existence of any other fire hazard, such buildings or structures are especially liable to fire, and upon finding any of them defective or dangerous, said marshal shall direct the owner or occupants, either by printed or written notice, to alter, remove or amend the same, in such manner or within such reasonable time as they may deem necessary, and in case of neglect or refusal to do so, the party offending shall forfeit and pay, upon conviction thereof before any justice of the peace, alderman or police magistrate of the county, any sum not exceeding twenty-five dollars ($25), for the use of the county, to be collected as fines and forfeitures are collected by law.
(3108 amended May 16, 1996, P.L.210, No.39)
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 3109. Expense of Removal, Alteration or Amendment; Combustible or Explosive Matter.--The expense of any removal, alteration or amendment, as aforesaid, shall be paid in the first instance by the occupant, but shall be chargeable against the owner of such dwelling house or other building and shall be deducted from the rent of the same, unless such expenses be rendered necessary by the act or default of such occupant or unless there is a special agreement to the contrary between the parties, and said marshal or deputy marshal or either of them are hereby empowered at any and all times to enter into and examine all buildings, structures or places where any combustible or explosive matter may be lodged and give such directions, in writing, in the premises as may be deemed necessary relative to the removal thereof, and in case of neglect or refusal on the part of the possessor of such combustible materials or any of them to remove or secure the same within the time and manner directed, the party offending shall forfeit and pay, in addition to any penalty hereinbefore imposed, the sum of twenty-five dollars ($25), to be collected as heretofore provided for in this act.
(3109 amended May 16, 1996, P.L.210, No.39)
Section 3110. Records and Reports.--The fire marshal shall keep a record of all fires occurring in the county, which record shall show the results of his investigation in relation to each fire and shall be open to the public for examination, and he shall also keep on file in his office all depositions and notes of testimony taken by him in the discharge of his duties, which any person desirous of so doing shall be permitted to examine and take copies of upon payment by them to the said marshal of a fee determined by the fire marshal for such examination, and he shall also, on the fourth Monday of March in each year, make report, in writing, to the county commissioners of his activities as fire marshal during the year preceding his report.
(3110 amended Oct. 5, 1990, P.L.519, No.125)
Article XXXI-A
Fire Marshals and Assistants in Counties
of the Second Class A
(Art. added Oct. 20, 1967, P.L.472, No.224)
Section 3101-A. Appointment.--In counties of the second class A the county commissioners may appoint a fire marshal and assistant fire marshals deemed necessary to perform such duties relating to the prevention and control of fire as the county commissioners shall deem to be in the best interests of the county. Any fire marshal or assistant fire marshals so appointed shall not be assigned duties which will conflict with fire marshals or municipal fire marshals or powers relating to the control of fires conferred by law upon the Pennsylvania State Police. Compensation for the fire marshal and assistant fire marshals shall be set by the county salary board.
(3101-A added Oct. 20, 1967, P.L.472, No.224)
ARTICLE XXXI-B
Allegheny Regional Asset District
(a) Preliminary Provisions
(Art. added Dec. 22, 1993, P.L.529, No.77)
Section 3101-B. Findings and Declaration of Policy.--(a) The General Assembly finds the following:
(1) Supplemental sources of revenue are needed by municipalities in the southwestern region of this Commonwealth to finance programs of local tax relief.
(2) Supplemental sources of public and private revenue are required to preserve, improve and develop the region's civic, recreational, library, sports, cultural and other regional assets.
(3) Local governments in southwestern Pennsylvania lack the resources to adequately maintain, improve and modernize the region's civic, recreational, library, sports, cultural and other regional assets, the continued availability of which is vital to the economic growth and development of southwestern Pennsylvania, to the ability of the region to compete globally for visitors, residents and investment in jobs and to the health, welfare, education and quality of life of the citizens of the region.
(4) New methods of areawide intergovernmental cooperation, including the transfer of regional assets to private citizen-controlled organizations receiving public support, are essential to preserve and improve the region's civic, recreational, library, sports, cultural and other regional assets.
(5) In developing new methods of areawide intergovernmental cooperation to preserve and improve regional assets, every effort should be made to utilize to the maximum extent practicable the existing resources and capabilities of municipalities and private organizations in the region and to avoid the creation of new and duplicative bureaucracies responsible for employing individuals, owning property and executing contracts.
(b) It is hereby declared to be the policy of this Commonwealth to promote the health, welfare and quality of life of the citizens of southwestern Pennsylvania by ensuring the continued availability of the region's assets and thereby to enhance employment and tax relief in the region by authorizing the creation of the Allegheny Regional Asset District as a special purpose areawide unit of government. ((b) amended Nov. 30, 2004, P.L.1439, No.186)
(3101-B added Dec. 22, 1993, P.L.529, No.77)
Section 3102-B. Definitions.--The following words and phrases when used in this article shall be construed to have the following meanings:
"Board," governing body of the district.
"City," city of the second class.
"County," county of the second class.
"District," Allegheny Regional Asset District established under this article.
"District employe," the chairman and members of the board of the district, counsel employed by the district, the chief administrative officer of the district and any employe with discretionary powers which may affect the outcome of the district's decisions in relation to a private corporation or business or any employe who by virtue of the employe's job function could influence the outcome of such a decision.
"Fund," Allegheny Regional Asset District Sales and Use Tax Fund.
"Immediate family," a parent, spouse, child, brother, sister or like relative-in-law.
"Initial year in which disbursements are received," the first calendar year in which disbursements are received by qualified municipalities or the county under section 3157-B(b).
"Minority business enterprise," a small business concern which is:
(1) A sole proprietorship, owned and controlled by a socially and economically disadvantaged individual.
(2) A partnership or joint venture controlled by socially and economically disadvantaged individuals in which fifty-one per centum (51%) of the beneficial ownership interest is held by socially and economically disadvantaged individuals.
(3) A corporation or other entity controlled by socially and economically disadvantaged individuals in which at least fifty-one per centum (51%) of the voting interest and fifty-one per centum (51%) of the beneficial ownership interest are held by socially and economically disadvantaged individuals.
"Party officer," the following members or officers of any political party:
(1) A member of a national committee.
(2) A chairman, vice chairman, secretary, treasurer or counsel of a State committee or members of the executive committee of a State committee.
(3) A county chairman, vice chairman, counsel, secretary or treasurer of a county committee.
(4) A city chairman, vice chairman, counsel, secretary or treasurer of a city committee.
"Person," a business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons.
"Public employe," any individual employed by the Commonwealth or a political subdivision.
"Public officer," every person elected to any public office of Commonwealth government or any political subdivision of the Commonwealth.
"Public official," any elected or appointed official in the executive, legislative or judicial branch of Commonwealth government or any political subdivision of the Commonwealth. The term shall not include members of advisory boards who have no authority to expend public funds other than reimbursement for personal expenses or to otherwise exercise the power of the Commonwealth or any political subdivision of the Commonwealth. The term shall also not include any appointed official who receives no compensation other than reimbursement for actual expenses.
"Regional asset," a civic, recreational, library, sports or cultural facility or project designated as such by the district under this article.
"Socially and economically disadvantaged individuals," persons who are citizens of the United States and who are Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans and other minorities or persons found to be disadvantaged by the Small Business Administration pursuant to the Small Business Act (Public Law 85-536, 15 U.S.C. § 631 et seq.).
"Women's business enterprise," a small business concern which is at least fifty-one per centum (51%) owned and controlled by women or, in the case of any publicly owned business, at least fifty-one per centum (51%) of the stock of which is owned by one or more women and whose management and daily business operations are controlled by one or more of the women who own it.
(3102-B added Dec. 22, 1993, P.L.529, No.77)
(b) Allegheny Regional Asset District
((b) added Dec. 22, 1993, P.L.529, No.77)
Section 3110-B. District Created.--(a) A body corporate and politic to be known as the Allegheny Regional Asset District is hereby authorized to be created by a county as a special purpose areawide unit of local government pursuant to section 7 of Article IX of the Constitution of Pennsylvania, exercising powers as a unit of local government under this article. The exercise by the district of the powers conferred by this act is hereby declared to be, and shall for all purposes be deemed and held to be, the performance of an essential public function.
(b) The district shall be deemed to be created upon the adoption of an ordinance imposing the additional sales and use tax as authorized by subarticle (e).
(c) Once established, the district shall continue in existence perpetually regardless of any actions by the city or the county, except that the district may be terminated pursuant to an intergovernmental cooperation agreement between the city and the county which transfers without impairment all of the administrative, managerial or financial functions exercised with respect to regional assets by the district to the city or the county.
(d) Members of the board shall not be liable personally on the bonds or other obligations of the district, and the rights of creditors shall be solely against the district. The district, itself or by contract, shall defend board members, and the district shall indemnify and hold harmless board members, whether currently employed by the district or not, against and from any and all personal liability, actions, causes of action and any and all claims made against them for whatever actions they perform within the scope of their duties as board members.
(3110-B added Dec. 22, 1993, P.L.529, No.77)
Section 3111-B. Governing Board.--(a) The powers and duties of the district shall be exercised by a board that reflects the racial and ethnic diversity of the county and composed of the following members:
(1) Four members appointed by the governing body of the county who shall serve at the pleasure of the governing body of the county and who shall be selected in the following manner:
(i) Two members who shall be selected from nominations made by the chairman of the board of county commissioners.
(ii) Two members who shall be selected from lists of nominees submitted by the members of the board of county commissioners other than the chairman. A separate list containing at least three nominees shall be submitted by each of the members of the board of county commissioners other than the chairman. One member of the board of the district shall be selected from each list of nominees.
(2) Two members appointed by the mayor of the city who shall serve at the pleasure of the mayor.
(3) One member appointed by the vote of at least five of the members appointed pursuant to paragraphs (1) and (2) from a list of nominees provided by regional economic and community development organizations.
(4) One nonvoting member appointed by the Governor who shall serve at the pleasure of the Governor.
(b) The term of office of members of the board appointed under subsection (a)(1) and (2) shall be coincident with the term of office of the appointing authority of the members and until their successors are appointed and qualified. The term of office of members of the board appointed under subsection (a)(3) shall be for a term of two years and until their successors are appointed and qualified. A person appointed to the board when a vacancy occurs during the term of office of a member of the board shall serve for the remainder of the term.
(c) The governing body of the county shall select one of the members of the board appointed under subsection (a)(1) as the interim chairman of the district and shall, within ten (10) days of the effective date of the creation of the district, set a date, time and place for the initial organizational meeting of the board. The members shall elect from among themselves a chairman, vice chairman, secretary, treasurer and such other officers as they may determine. A member may hold more than one office of the board at any time. Members may serve successive terms as officers of the board.
(d) The board shall meet as frequently as it deems appropriate but at least once during each quarter of the fiscal year. In addition, a meeting of the board shall be called by the chairman if a request for a meeting is submitted to the chairman by at least two members of the board. A majority of the members appointed to the board shall constitute a quorum for the purpose of conducting the business of the board and for all other purposes, except that, for the purposes of making decisions regarding personnel matters, contracts and capital and operating budgets and deciding whether to enter into cooperation and support agreements with regional assets not included within the district's initial financial plan, an affirmative vote of at least six members of the board shall be required. The act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine Act," shall apply to the board.
(3111-B added Dec. 22, 1993, P.L.529, No.77)
Section 3112-B. Powers and Duties.--(a) (1) The district, by entering into agreements with municipalities and persons providing for cooperation, shall accomplish the following purposes:
(i) supporting and financing regional assets;
(ii) engaging in the oversight and coordination of regional assets; and
(iii) assuring the efficient and effective operation and development of regional assets.
(2) The enumeration of purposes in clause (1) shall not be construed to limit the powers granted to the district under this article.
(b) The district is granted all powers necessary or convenient for the carrying out of its purposes, including the following:
(1) To have continuing succession.
(2) To sue and be sued, implead and be impleaded, complain and defend in all courts.
(3) To adopt, use and alter at will a corporate seal.
(4) To make, enter into and award contracts with any person, association, partnership or corporation for the development, design, financing, construction, improvement, maintenance, operation, furnishing, fixturing, equipping and repair of regional assets or parts of regional assets.
(5) To conduct financial and performance reviews and audits of regional assets.
(6) To conduct long-term planning necessary for the efficient and effective operation and development of regional assets.
(7) To make bylaws for the regulation of its affairs and to promulgate rules, regulations and policies in connection with the performance of its functions and duties.
(8) (i) To borrow money for the purpose of paying the costs of any project and to evidence the same.
(ii) To make and issue negotiable bonds of the district and secure the payment of the bonds or any part of the bonds by pledge or deed of trust of all or any of its revenues, rentals, receipts and contract rights.
(iii) To make such agreements with the purchasers or holders of the bonds or with other obligees of the district in connection with any bonds, whether issued or to be issued, as the district shall deem advisable, which agreements shall constitute contracts with the holders or purchasers.
(iv) To obtain such credit enhancement or liquidity facilities in connection with any bonds as the district shall determine to be advantageous.
(v) To, in general, provide for the security for the bonds and for the rights of the holders of the bonds.
(9) To make, enter into and award contracts of every name and nature and to execute all instruments necessary or convenient for the carrying out of its business.
(10) To borrow money and accept grants and to enter into contracts, leases, subleases, licenses or other transactions with any Federal agency, State public body, political subdivision, person, association, partnership or corporation.
(11) To pledge, hypothecate or otherwise encumber any of its property, real, personal or mixed, tangible or intangible, and its revenues or receipts, including, but not limited to, any interest the district may have in any lease or sublease of regional assets or parts of regional assets.
(12) To procure such insurance containing such coverage, including, without limitation, insurance covering the timely payment in full of principal and interest on bonds of the district, in such amounts from such insurers as the district may determine to be necessary or desirable for its purposes.
(13) To invest its money.
(14) To cooperate with any Federal agency, State public body or political subdivision.
(15) To invest any funds not required for immediate disbursement in reserve or sinking funds.
(16) To appoint all officers, agents and employes required for the performance of its duties and fix and determine their qualifications, duties and compensation and retain or employ other agents or consultants. The board shall develop, implement and evaluate plans and process to assure that all persons are accorded equality of opportunity in employment and contracting by the board.
(17) To enroll its employes in a retirement system, including an existing retirement system of the county, city or other governmental entity.
(18) To appoint and fix the compensation of chief counsel and assistant counsel, who shall not be required to be employes of the district, to provide it with legal assistance. Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.
(19) To maintain an office in the county.
(20) To assist in the development and expansion of minority business enterprises and women's business enterprises.
(21) To do all acts and things necessary or convenient for the promotion of its purposes and the general welfare of the district and to carry out the powers granted to it by this act or any other acts.
(c) Limitations and conditions regarding operations.--Notwithstanding any purpose of the district or a general or specific power granted by this act or any other act, whether express or implied, the following limitations and conditions shall apply to the operations of the district:
(1) The district shall have no power to pledge the credit or taxing powers of the Commonwealth or any other government agency except the credit of the district nor shall any of the bonds of the district be deemed a debt or liability of the Commonwealth or of any other government agency, except as otherwise agreed by the Commonwealth or a government agency.
(2) Neither the Commonwealth nor any government agency except the district shall be liable for payment of the principal, interest or premium on any of the district's bonds, except as otherwise agreed by the Commonwealth or a government agency.
(3) Notwithstanding any provision of this act or any other act to the contrary or of any implication that may be drawn from this act or any other act, the Commonwealth and all other government agencies, except the district, shall have no legal or moral obligation for the payment of any expenses or obligations of the district, including, but not limited to, bond principal and interest, the funding or refunding of any reserve and any administrative or operating expenses whatsoever, except as otherwise agreed to by the Commonwealth or another government agency.
(4) Bonds of the district shall contain a prominent statement of the limitations set forth in this subsection and shall further recite that obligees of the district shall have no recourse, either legal or moral, to the Commonwealth or to any other government agency for payment of the bonds, except as otherwise agreed to by the Commonwealth or another government agency.
(5) The district shall not assume the responsibility of employing personnel directly engaged in the operation of regional assets but may enter into contracts with the city, county and other public and private organizations for the operation and financing of regional assets.
(d) The governing body of the district shall appoint a twenty-seven member advisory board composed of individual representatives of the broad range of community interests affected by the implementation of this article. The advisory board shall serve to advise the governing body of the district in the administration of this article. Each member of the advisory board shall be appointed for a term of four years, except that thirteen of the initial members shall serve for three years.
(3112-B added Dec. 22, 1993, P.L.529, No.77)
Section 3113-B. Fiscal Year.--The fiscal year of the district shall commence on January 1 of each year and end on December 31 of each year, except as otherwise provided by the board.
(3113-B added Dec. 22, 1993, P.L.529, No.77)
Section 3114-B. Initial Financial Plan.--(a) Immediately upon the creation of the district, the board shall commence the negotiation of cooperation and support agreements with the owners and operators of regional assets under subarticle (c). The agreements shall include the following provisions:
(1) Agreements regarding the governance and operation of regional assets.
(2) Commitments regarding the level of financial support for the regional assets that will be provided by the district, the city, the county, other municipalities and other public and private organizations.
(3) Long-term plans for the financing, development and operation of regional assets.
(4) Performance and financial goals, objectives and standards for the operation of regional assets.
(5) Assurances that adequate measures will be undertaken to maintain and improve regional assets.
(6) Assurances that the operating and capital budgeting for regional assets will occur in a financially responsible manner.
(7) Provisions for public involvement in the activities of regional assets and for participation by the district, the county, the city and other municipalities, as appropriate, in decisions regarding the operations and development of regional assets.
(8) Access by the district to financial information regarding the overall activities of the regional assets.
(b) Prior to the start of the initial operational fiscal year for the district, the board shall adopt an operating and capital budget based upon cooperation and support agreements executed with the owners and operators of regional assets. The budget shall estimate the total revenues required for the operating and capital expenses of the district and the amount of any revenues to be received by the district under subarticle (e).
(c) The cooperation and support agreement executed with the owner and operator of each regional asset shall set forth a minimum level of financial support for the regional asset that will be provided by the district in each of the first ten fiscal periods of the district, unless the regional asset ceases operations at the option of its owner and operator. The minimum level of financial support for a regional asset shall be not less than the financial support for the regional asset provided by the county and the city during calendar year 1992. In the event that the minimum funding levels cannot be satisfied because of the lack of adequate resources, the minimum levels of funding for all regional assets shall be reduced by an equal fraction so as to ensure that total obligations do not exceed total revenues available to the district. Additional commitments of funds from sources other than the district on a pro rata basis may be required by the district for any financial support provided to regional assets above the minimum funding levels. Financial support shall include indirect costs when supported by an indirect cost study completed by an independent accounting firm. Indirect costs may include charges for such services as payroll, accounting, legal services, printing, vehicle repair and other reasonable and necessary overhead functions.
(d) The board shall conduct public hearings and meetings regarding proposed cooperation and support agreements and any amendments to cooperation and support agreements.
(e) As used in this section, the term "financial support" means the direct commitment of moneys for the support of regional assets, including payments for debt service, and the costs of compensation and benefits for employes predominantly engaged in providing direct services for the operation of a specific regional asset.
(3114-B added Dec. 22, 1993, P.L.529, No.77)
Section 3115-B. Capital Budget.--(a) At least ninety (90) days before commencement of the ensuing fiscal year of the district, the board shall cause to be prepared and submitted to it a recommended capital budget. The capital budget shall show in detail the capital expenditures to be made or incurred in the next fiscal year which are to be financed from funds subject to control or appropriation by the board. No later than the date of the adoption of the annual operating budget, the board shall, by a majority vote of its members, adopt a capital budget. A capital development agreement shall be executed with each regional asset for each capital project of the asset financed or supported by the district.
(b) At least one per centum (1%) of the funds made available to the district by taxes levied within the county shall be made available for capital projects undertaken within regional parks located within the boundaries of the city, and at least one per centum (1%) of the funds made available to the district shall be made available for capital projects undertaken within regional parks located within the county but outside of the city.
(c) The board shall conduct public hearings and meetings regarding capital budget requests of regional assets and the proposed annual capital budget of the district.
(3115-B added Dec. 22, 1993, P.L.529, No.77)
Section 3116-B. Operating Budget.--(a) At least ninety (90) days before commencement of the ensuing fiscal year of the district, the board shall cause to be prepared and submitted to it a recommended operating budget. The operating budget shall set forth the estimated receipts and revenues of the district during the next fiscal year. The board shall, at least thirty (30) days before the end of the fiscal year, adopt, by a majority vote of its members, an operating budget for the next fiscal year. An annual funding agreement shall be executed with each regional asset allocated funds pursuant to the operating budget.
(b) The board shall conduct public hearings and meetings regarding the operating budget requests of regional assets and the proposed annual operating budget of the district.
(3116-B added Dec. 22, 1993, P.L.529, No.77)
Section 3117-B. Restrictions Upon Activities of Board Members and Employes.--A member of the board or a district employe shall not, concurrent with the member's or employe's position with the district, be a party officer, public officer, public official, public employe or a member of the immediate family of a party officer, public officer or public official.
(3117-B added Dec. 22, 1993, P.L.529, No.77)
Section 3118-B. Annual Report.--The board of the district shall, no later than July 1 of each year, prepare a comprehensive annual report of its activities and operations for the previous year, make the report available to the city, the county, other municipalities within the county, regional assets and other interested groups and organizations and conduct public meetings and hearings to receive public comments and recommendations regarding the activities and operations of the board.
(3118-B added Dec. 22, 1993, P.L.529, No.77)
Section 3119-B. External Audit.--The board shall provide for an annual audit of district fiscal and other records, including documentation of employment practices and actions taken by the board to develop and expand minority business enterprises and women's business enterprises, by an independent certified public accounting firm.
(3119-B added Dec. 22, 1993, P.L.529, No.77)
(c) Regional Assets
((c) added Dec. 22, 1993, P.L.529, No.77)
Section 3130-B. Designation of Assets.--(a) The district may assume the financial functions of the city and county with respect to the support of regional civic facilities, regional parks, regional libraries, professional sports facilities, regional cultural facilities and other organizations and properties vital to the quality of life of the region.
(b) The district shall not provide financial support for the following:
(1) Any health care facility or institution which predominantly provides elementary, secondary or higher education or other training.
(2) Any park which contains fewer than two hundred (200) acres, except for linear parks located in more than one city, township, borough or home rule municipality, other than the county.
(3) Any asset which fails to serve a significant number of persons who are not residents of the city, borough or township within which the asset is located.
(4) Any library which is not a regional library resource center, a district library center or which is not part of a library system serving multiple municipalities.
(3130-B added Dec. 22, 1993, P.L.529, No.77)
Section 3131-B. Cooperation and Support Agreements.--The district shall execute cooperation and support agreements governing civic facilities, parks, libraries and sports facilities supported by the district. The agreements shall be executed by the district, the city and the county to the extent the municipalities have contributed to the support of the regional assets or where regional assets are located within their boundaries and by any other person who owns, operates or manages a regional asset. The agreements shall set forth the manner in which the district will assume the financial functions of the city and county with respect to the support of the regional assets. Each cooperation and support agreement shall provide for comprehensive periodic financial reviews and audits of the regional asset and may provide for a performance review and audit of the regional asset.
(3131-B added Dec. 22, 1993, P.L.529, No.77)
(d) Bonds and Funds of District
((d) added Dec. 22, 1993, P.L.529, No.77)
Section 3140-B. Bonds.--The district may authorize issues of bonds, sell bonds, use net proceeds of bond sales, refund bonds, adopt pledges, mortgages, covenants, indentures and trusts, exercise remedies and confer additional remedies upon persons holding bonds in the same manner as provided by sections 7 through 10 of the act of June 27, 1986 (P.L.267, No.70), known as the "Pennsylvania Convention Center Authority Act."
(3140-B added Dec. 22, 1993, P.L.529, No.77)
Section 3141-B. Governmental Immunity.--It is hereby declared to be the intent of the General Assembly that the district created under this article and its officers, officials and employes shall enjoy governmental immunity except as provided by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and C (relating to actions against local parties).
(3141-B added Dec. 22, 1993, P.L.529, No.77)
Section 3142-B. Funds of District.-All moneys of the district from whatever source derived shall be paid to the treasurer of the district and invested in the same manner as is provided for in section 13(a) through (d) of the act of June 27, 1986 (P.L.267, No.70), known as the "Pennsylvania Convention Center Authority Act."
(3142-B added Dec. 22, 1993, P.L.529, No.77)
Section 3143-B. Transfer of Funds.--(a) (1) The city and county may and are hereby authorized to make grants from current revenues to the district and to assist in defraying the costs of managing, operating, maintaining, financing and servicing the debt of regional assets or parts of regional assets, to enter into long-term agreements providing for payment of the costs and to enter into long-term leases or subleases as lessee or sublessee of all or part of a regional asset.
(2) Obligations of the city and county to make grants or lease or sublease payments to the district shall not, even if based on debt obligations of the district, constitute debts of the city and county within the meaning of any constitutional or statutory provision and shall be payable only to the extent that current revenues of the city and county are available.
(3) The city and county may issue general obligation bonds for the purpose of obtaining funds for the acquisition or improvement of regional assets or parts of regional assets.
(b) The Commonwealth may contribute to the capital costs of constructing regional assets by the issuance of Commonwealth bonds and notes under Article XVI-B of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code." A project undertaken by the district is hereby deemed to be a redevelopment assistance project under which capital funds of the Commonwealth may be expended under the provisions of the act of May 20, 1949 (P.L.1633, No.493), known as the "Housing and Redevelopment Assistance Law," and, notwithstanding any provisions of the Housing and Redevelopment Assistance Law, the Department of Community Affairs is hereby authorized to make capital grants directly to the district in furtherance of this article.
(3143-B added Dec. 22, 1993, P.L.529, No.77)
Compiler's Note: The Department of Community Affairs, referred to in subsec. (b), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
Section 3144-B. Pledge of Revenues by District and Commonwealth.--In addition to the remedies of obligees of the district provided by sections 3140-B and 3141-B, the district is expressly authorized to pledge all or any part of the net revenues of additional sales and use tax revenues in connection with the issuance of bonds or the incurring of obligations under leases in order to secure the payment of the bonds and obligations. The Commonwealth, with the signature of the Governor and the State Treasurer, may also pledge the revenues in support of or in connection with the issuance of bonds or the incurring of obligations under leases by the district in order to further secure the payment of the bonds and obligations.
(3144-B added Dec. 22, 1993, P.L.529, No.77)
(e) Additional Sales and Use Tax
((e) added Dec. 22, 1993, P.L.529, No.77)
Section 3150-B. Definitions.--The following words and phrases as used in this subarticle shall be construed to have the following meanings:
"Department," the Department of Revenue of the Commonwealth.
"Tax," the tax authorized to be imposed by the county under this subarticle.
(3150-B added Dec. 22, 1993, P.L.529, No.77)
Section 3151-B. Construction.--The tax imposed by the governing body of the county under this subarticle shall be in addition to any tax imposed by the Commonwealth under Article II of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971." Except for the differing situs provisions under section 904, the provisions of Article II of the Tax Reform Code of 1971 shall apply to the tax.
(3151-B added Dec. 22, 1993, P.L.529, No.77)
Section 3152-B. Imposition.--(a) The governing body of the county may levy and assess upon each separate sale at retail of tangible personal property or services, as defined in Article II of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," within the boundaries of the county, a tax on the purchase price. The tax shall be collected by the vendor from the purchaser and shall be paid over to the Commonwealth as provided in this subarticle.
(b) In any county within which the tax authorized in subsection (a) is imposed, there shall be levied, assessed and collected upon the use, within the county, of tangible personal property purchased at retail and on services purchased at retail as defined in Article II of the "Tax Reform Code of 1971," a tax on the purchase price. The tax shall be paid over to the Commonwealth by the person who makes the use. The use tax imposed under this subarticle shall not be paid over to the Commonwealth by any person who has paid the tax imposed by subsection (a) or has paid the tax imposed by this subsection to the vendor with respect to the use.
(c) In any county within which a tax authorized by subsection (a) is imposed, there shall be levied, assessed and collected an excise tax on the rent upon every occupancy of a room or rooms in a hotel in the county. The tax shall be collected by the operator or owner from the occupant and paid over to the Commonwealth.
(d) (1) The tax authorized by subsections (a), (b) and (c) may be imposed at a rate of one per centum (1%).
(2) The tax imposed by subsections (a), (b) and (c) shall be uniform.
(e) The tax imposed under subsection (a) shall be computed in the manner set forth in section 503(e) of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."
(3152-B added Dec. 22, 1993, P.L.529, No.77)
Section 3153-B. Situs.--The situs of sales at retail or uses, including leases, of motor vehicles, aircraft, motorcraft and utility services shall be determined in the manner specified by section 504 of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."
(3153-B added Dec. 22, 1993, P.L.529, No.77)
Compiler's Note: Section 42 of Act 48 of 1994 provided that section 3153-B is repealed insofar as it is inconsistent with Article II-A of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
Section 3154-B. Licenses.--A license for the collection of the tax imposed by this subarticle shall be issued in the same manner as is provided for in section 505 of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."
(3154-B added Dec. 22, 1993, P.L.529, No.77)
Section 3155-B. Rules and Regulations; Collection Costs.--(a) Rules and regulations shall be applicable to the taxes imposed under section 3152-B in the same manner as is provided for in section 506(1) and (2) of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."
(b) The department, to cover its costs of administration, shall be entitled to retain a sum equal to costs of collection and shall inform the district in writing monthly of the sum retained and the costs of collection reimbursed. To provide a timely forecast and assure consideration of the sum retained, the department shall estimate its costs of collection for the next succeeding fiscal year and provide the estimate, with all supporting detail, to the district. When the annual operating budget for the department is submitted to the General Assembly, the department shall also submit to the chairman and minority chairman of the Appropriations Committee of the Senate and to the chairman and minority chairman of the Appropriations Committee of the House of Representatives the actual sums retained for costs of collection in the preceding fiscal year, together with all supporting details.
(3155-B added Dec. 22, 1993, P.L.529, No.77)
Section 3156-B. Procedure and Administration.--(a) The governing body of the county, in order to impose the tax authorized by section 3152-B, shall adopt an ordinance which shall refer to this subarticle. Prior to adopting an ordinance imposing the tax authorized by section 3152-B, the governing body of the county shall give public notice of its intent to adopt the ordinance in the manner provided by section 4 of the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," and shall conduct at least one public hearing regarding the proposed adoption of the ordinance. Notwithstanding any provision of law to the contrary, the tax may be adopted either prior to or during the fiscal year of the county or prior to or after the adoption of the annual budget for the county. If the tax takes effect after January 1 of any year, any disbursements received by the district, qualified municipalities or the county under section 3157-B(b) during the first calendar year in which the tax is in effect shall be deposited into budgetary reserve accounts for the district, any qualified municipalities or the county. Amounts deposited into budgetary reserve accounts may be budgeted for use in the next full fiscal year period by the district, any qualified municipalities or the county in the manner provided by this article or may be retained in budgetary reserve accounts, without lapsing, for use during unanticipated fiscal emergencies as provided by ordinances adopted by the district, any qualified municipalities or the county. Funds retained in budgetary reserve accounts for unanticipated fiscal emergencies shall not be subject to the requirements of this article regarding the utilization of disbursements.
(b) A certified copy of the ordinance imposing the tax shall be delivered to the department no later than ninety (90) days prior to the effective date of the ordinance.
(c) A certified copy of a repeal ordinance shall be delivered to the department at least thirty (30) days prior to the effective date of the repeal.
(3156-B added Dec. 22, 1993, P.L.529, No.77)
Section 3157-B. Dedication and Disbursement.--(a) There is hereby created the Allegheny Regional Asset District Sales and Use Tax Fund. The State Treasurer shall be custodian of the fund which shall be subject to the provisions of law applicable to funds listed in section 302 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code." Taxes imposed under section 3152-B shall be received by the department and paid to the State Treasurer and, along with interest and penalties less any collection costs allowed under this subarticle and any refunds and credits paid, shall be credited to the fund not less frequently than every two weeks. During any period prior to the credit of moneys to the fund, interest earned on moneys received by the department and paid to the State Treasurer under this subarticle shall be deposited into the fund. All moneys in the fund, including, but not limited to, moneys credited to the fund under this section, prior year encumbrances and the interest earned thereon, shall not lapse or be transferred to any other fund, but shall remain in the fund and must be used exclusively as provided in this section. Pending their disbursement, moneys received on behalf of or deposited into the fund shall be invested or reinvested as are other moneys in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or reinvestment of the moneys shall be credited to the fund.
(b) On or before the tenth day of every month, the State Treasurer shall make the following disbursements on behalf of the county imposing the tax out of the moneys which are, as of the last day of the previous month, contained in the fund:
(1) One-half of the moneys to the district for use by it in the manner provided by this article, provided that the district shall not utilize more than one per centum (1%) of the moneys received by the district for the purpose of administrative expenses.
(2) One-fourth of the moneys to qualified municipalities for use by the municipalities in the manner provided by this article.
(3) One-fourth of the moneys to the county for use by the county in the manner provided by this article.
(3157-B added Dec. 22, 1993, P.L.529, No.77)
(f) Local Tax Relief and Assistance
to Local Governments
((f) added Dec. 22, 1993, P.L.529, No.77)
Section 3170-B. Assistance to Local Governments.--(a) The State Treasurer shall distribute disbursements to qualified municipalities in the manner provided in this section. Each qualified municipality shall receive a portion of the total disbursement to qualified municipalities which is equal to the total disbursement to qualified municipalities multiplied by the ratio of weighted tax revenues of the municipality divided by the sum of the weighted tax revenues of all qualified municipalities located in the county.
(b) Municipalities qualified to receive disbursements under this section are municipalities located within the county, other than the county, which:
(1) (i) impose an earned income tax at a rate equal to or greater than one-fourth of one per centum (.25%) under the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," and a real property tax; or
(ii) impose a real property tax as expressed in total mills reported to the Department of Community Affairs equal to or greater than seventy-five per centum (75%) of the allowable general purpose millage rate under the applicable municipal code or, if the municipality has adopted a home rule charter or optional plan under the act of April 13, 1972 (P.L.184, No.62), known as the "Home Rule Charter and Optional Plans Law," the code under which the municipality was governed prior to adoption of the home rule charter or optional plan; and
(2) not later than sixty (60) days after the governing body of the county gives public notice of its intention to adopt an ordinance under section 3156-B(a), adopt a municipal resolution urging the county to create the district and adopt the tax.
(c) Municipalities which are not qualified municipalities because of the failure to adopt a timely resolution may, not sooner than thirty-six (36) months following adoption of an ordinance imposing the tax, become qualified municipalities by adopting resolutions indicating that the municipalities support imposition of the tax authorized by subarticle (e), urge its continuation and intend to accept disbursements as provided by this section.
(d) For the purpose of this section, weighted tax revenues are total tax revenues from all sources of a municipality divided by the ratio of its per capita market value to the per capita market value of its county. The per capita market value means the total market value of all real property divided by population as determined by the most recent decennial census. Calculations of weighted tax revenues shall be made by the Department of Community Affairs and certified to the State Treasurer based upon information reported to the Department of Community Affairs by municipalities within its boundaries, subject to review, verification and approval by the Department of Community Affairs.
(3170-B added Dec. 22, 1993, P.L.529, No.77)
Compiler's Note: The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
Section 3171-B. Tax Relief and Use of Disbursements.--(a) (1) The county and the city shall utilize the disbursements received from the State Treasurer under section 3157-B(b) in the first full calendar year in which the disbursements are received for the reduction of local taxes.
(2) Effective January 1 of the first full calendar year in which disbursements are received pursuant to section 3157-B(b), the county and the city shall repeal any tax imposed upon personal property.
(3) Effective January 1 of the first full calendar year in which disbursements are received pursuant to section 3157-B(b), the city shall reduce to an amount not to exceed five per centum (5%) the tax on admissions to places of amusement, athletic events and the like and on motion picture theaters.
(3.1) Notwithstanding the provisions of any other act, the city shall use two-thirds of the nonresident sports facility usage fee collected pursuant to the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," to reduce the amount of tax on admissions to places of amusement that are involved with performing arts for which the net proceeds therefrom inure to the benefit of an institution of purely public charity. In reducing the rate of the tax pursuant to this provision, the city shall not establish a rate that exceeds two and one-half per centum (2.5%). If the city cannot impose and collect a nonresident sports facility usage fee pursuant to "The Local Tax Enabling Act," the city shall not establish a rate that exceeds five per centum (5%).
(4) The county and the city shall utilize all or a portion of revenues remaining from disbursements received pursuant to section 3157-B(b) after reducing taxes as provided by clauses (1) and (2) for the implementation of one of the following:
(i) programs under the act of December 13, 1988 (P.L.1190, No.146), known as the "First and Second Class County Property Tax Relief Act";
(ii) a program for property tax rebate or rent rebate in lieu of property taxes modeled by the county or city after the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act," for longtime owner-occupants of personal residences. Property eligible for tax relief under this clause shall be limited to a primary personal residence owned by a single person age 62 or older or by married persons if either spouse is 62 years of age or older. Tax relief provided pursuant to this clause shall be limited to persons whose income as defined under the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act," does not exceed twenty-five thousand dollars ($25,000); or
(iii) a program for property tax rebate or rent rebate in lieu of property taxes modeled by the county or city after the "Senior Citizens Rebate and Assistance Act" for longtime owner-occupants of personal residences. Property eligible for tax relief under this clause shall be limited to a primary personal residence owned by a single person age 60 or older or by married persons if either spouse is 60 years of age or older. Tax relief provided pursuant to this clause shall be limited to persons whose income as defined under the "Senior Citizens Rebate and Assistance Act" does not exceed thirty thousand dollars ($30,000).
For purposes of this clause, "longtime owner-occupant" shall mean any person who for at least ten continuous years has owned and has occupied a dwelling place within the county as a principal residence and domicile, or any person who for at least five years has owned and occupied a dwelling within the county as a principal residence and domicile if that person received assistance in the acquisition of the property as part of a government or nonprofit housing program.
(5) The county may establish installment payment programs for payment of the property taxes by taxpayers who participate in county programs for real property tax relief as provided by subsection (a)(4).
(b) (1) Municipalities other than the county and the city shall utilize at least two-thirds of the disbursements received under section 3157-B(b) for the reduction of local taxes.
(2) Municipalities other than the county and the city shall utilize all or a portion of disbursements received for the purpose of reducing local taxes for the implementation of programs for real property tax relief. Such programs may consist of a program as provided by subsection (a)(4), a program for property tax rebate or rent rebate in lieu of property taxes modeled after the "Senior Citizens Rebate and Assistance Act," a reduction in the millage rate across all properties or a combination of the foregoing.
(3) Municipalities in counties of the second class, other than the county and the city, which do not impose a tax upon personal property on the effective date of this amendatory act are prohibited from imposing such a tax thereafter.
(c) No municipality or city may use disbursements received for the purpose of securing the bonds of a municipal authority or may allow disbursements received to be controlled or distributed by an entity other than the governing body of the municipality.
(3171-B amended Nov. 30, 2004, P.L.1439, No.186)
Compiler's Note: Section 44 of Act 186 of 2004, which added section 3171-B(a)(3.1), provided that subsec. (a)(3.1) shall apply to taxes levied for tax years commencing on or after January 1, 2006, upon the enactment of a nonresident sports facility usage fee under the act of December 21, 1965 (P.L.1257, No.511), known as The Local Tax enabling Act.
Section 3172-B. Contributions to Councils of Government.--Beginning in the second full calendar year in which disbursements are received from the State Treasurer under section 3157-B and in each year thereafter, municipalities other than the county and the city shall contribute an amount equal to at least twenty-five per centum (25%) of the increase in the amount of such disbursements received in excess of the prior calendar year to entities or organizations created pursuant to the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law, including councils of government. The contributions made pursuant to this section shall not be used to offset or reduce other contributions made to councils of government or other intergovernmental entities or organizations.
(3172-B added Dec. 22, 1993, P.L.529, No.77)
Section 3173-B. Reimbursement to School Districts of the First Class A.--(3173-B repealed Nov. 30, 2004, P.L.1439, No.186)
ARTICLE XXXI-C
Second Class County Charter Law
(Art. added May 20, 1997, P.L.149, No.12)
Compiler's Note: Section 3113-C, as amended by Act 2 of 1999, provided that Art. XXXI-C, with the exception of sections 3107-C and 3111-C(c), (d) and (e), shall expire upon the publication in the Pennsylvania Bulletin of notice of the swearing-in of the first official elected pursuant to a charter adopted under Article XXXI-C. The notice was published March 11, 2000, at 30 Pa.B. 3181.
Section 3101-C. Legislative Findings and Declarations.--(3101-C expired March 11, 2000. See Act 2 of 1999.)
Section 3102-C. Definitions.--(3102-C expired March 11, 2000. See Act 2 of 1999.)
Section 3103-C. Construction of Article.--(3103-C expired March 11, 2000. See Act 2 of 1999.)
Section 3104-C. Charter Drafting Committee.--(3104-C expired March 11, 2000. See Act 2 of 1999.)
Section 3105-C. Proposed Charter.--(3105-C expired March 11, 2000. See Act 2 of 1999.)
Section 3106-C. Public Hearings.--(3106-C expired March 11, 2000. See 2 of 1999..)
Section 3107-C. Charter Limitations.--(a) The charter shall be subject to any limitations established by the Constitution of the United States and the Constitution of Pennsylvania.
(b) The charter shall include the property tax rate limits for the county that are in effect at the effective date of this article. These limits are for general county purposes under section 1970 of this act, county institution districts under section 307 of the act of June 24, 1937 (P.L.2017, No.396), known as the "County Institution District Law," and community colleges under section 1909-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949."
(c) The charter shall include the assessment limitation provisions of section 3110-C as they apply to the county.
(d) The charter shall not affect the hotel room rental tax under section 1970.2 or the sales and use tax under section 3152-B.
(e) The charter shall maintain the integrity of municipal boundaries and shall prohibit the county from forcing annexation, merger or consolidation of municipalities.
(f) The charter shall prohibit the county from exercising any power or function within a municipality that is being exercised by that municipality if the municipality elects by ordinance to be excluded from the county exercise of that power or function.
(g) The charter shall be subject to 53 Pa.C.S. Ch. 29 Subch. E (relating to general powers and limitations of home rule charter municipalities).
(h) With respect to the following subjects, the charter shall not give any power or authority to the county contrary to or in limitation or enlargement of powers granted by acts of the General Assembly which are applicable to counties of the second class:
(1) The filing and collection of municipal tax claims or liens and the sale of real or personal property in satisfaction thereof.
(2) The procedure in the exercise of the powers of eminent domain and the assessment of damages and benefits for property taken, injured or destroyed.
(3) Boundary changes of municipalities.
(4) The regulation of public schools.
(5) The registration of electors and the conduct of elections.
(6) The fixing of subjects of taxation.
(7) The fixing of rates of nonproperty or personal taxes levied upon nonresidents.
(8) The assessment of real or personal property and persons for taxation purposes.
(9) Defining or providing for the punishment of any felony or misdemeanor.
(10) Municipal planning under the provisions of the act of July 31, 1968 (P.L.805, No.247), known as the "Pennsylvania Municipalities Planning Code."
(i) No county shall:
(1) Engage in any proprietary or private business except as authorized by the General Assembly.
(2) Exercise powers contrary to, or limitation or enlargement of, powers granted by acts of the General Assembly which are applicable in every part of this Commonwealth.
(3) Be given the power to diminish the rights or privileges of any former employe entitled to benefits or any present employe in that former or present employe's pension or retirement system.
(4) Enact or promulgate any ordinance or regulation with respect to definitions, sanitation, safety, health, standards of identity or labeling pertaining to the manufacture, processing, storage, distribution and sale of any foods, goods or services subject to any Commonwealth laws or regulations unless such ordinance or regulation is uniform in all respects with such Commonwealth laws and regulations. Nothing contained in this article shall be construed to in any way affect the power of any county to enact and enforce ordinances relating to building codes or any other safety, sanitation or health regulation pertaining thereto.
(5) Enact any provision inconsistent with any statute heretofore enacted by the General Assembly affecting the rights, benefits or working conditions of any employe of a political subdivision of the Commonwealth.
(j) Acts of the General Assembly in effect on the effective date of this article that are uniform and applicable in every part of this Commonwealth shall remain in effect and shall not be changed or modified by this article. Acts of the General Assembly enacted after the effective date of this article that are uniform and applicable in every part of this Commonwealth shall supersede any ordinance or resolution on the same subject.
(k) No county shall enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms.
(l) No county which adopts a home rule charter may retroactively increase any fee or charge for any service which has been provided.
(m) The county under the charter shall be subject to the restrictions and prohibitions concerning the employes' retirement system under Article XVII and this article. ((m) added Oct. 30, 2000, P.L.616, No.85)
(3107-C added May 20, 1997, P.L.149, No.12)
Compiler's Note: Section 9(2) of Act 85 of 2000, which amended section 3107-C, provided that the amendment of section 3107-C shall be retroactive to January 1, 2000.
Compiler's Note: Section 2 of Act 2 of 1999, which amended section 3107-C, provided that Act 2 shall be construed in conjunction with the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, and shall be read in pari materia with the Pennsylvania Election Code.
Section 3108-C. Referendum.--(3108-C expired March 11, 2000. See Act 2 of 1999.)
Section 3109-C. Apportionment Commission.--(3109-C expired March 11, 2000. See Act 2 of 1999.)
Section 3110-C. Assessment Limits on Counties of the Second Class.--(3110-C expired March 11, 2000. See Act 2 of 1999.)
Section 3111-C. Transition.--(a) (Expired March 11, 2000. See Act 2 of 1999.)
(b) (Expired March 11, 2000. See Act 2 of 1999.)
(c) The question of changing the form of government approved by the electors as set forth in the charter may not be submitted to the electors earlier than five years (5) after the date which the charter was approved by referendum.
(d) (1) Notwithstanding the provisions of section 912.1(35) of the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code," the minimum number of valid signatures of registered and enrolled members of the proper political party required for a nomination petition for the office of district county council member in counties of the second class shall be two hundred fifty.
(2) Notwithstanding the provisions of section 913 of the "Pennsylvania Election Code," the filing fee required for acceptance of nomination petitions for the office of district county council member in counties of the second class shall be fifty dollars ($50).
(e) (1) Notwithstanding the provisions of section 912.1(16) of the "Pennsylvania Election Code," the minimum number of valid signatures of registered and enrolled members of the proper political party required for a nomination petition for the office of at-large county council member in counties of the second class shall be five hundred.
(2) Notwithstanding the provisions of section 913 of the "Pennsylvania Election Code," the filing fee required for acceptance of nomination petitions for the office of at-large county council member in counties of the second class shall be one hundred dollars ($100).
(3111-C amended Feb. 10, 1999, P.L.22, No.2)
Compiler's Note: Section 2 of Act 2 of 1999, which amended section 3113-C, provided that Act 2 shall be construed in conjunction with the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, and shall be read in pari materia with the Pennsylvania Election Code.
Section 3112-C. Severability.--(3112-C expired March 11, 2000. See Act 2 of 1999.)
Section 3113-C. Expiration.--(3113-C expired March 11, 2000. See Act 2 of 1999.)
Article XXXII
Actions By and Against County
(Art. repealed Apr. 28, 1978, P.L.202, No.53)
Section 3201. Commissioners to Bring and Defend Suits.--(3201 repealed Apr. 28, 1978, P.L.202, No.53)
Section 3202. Form of Action to Recover Claims; Jurisdiction of Justices of the Peace.--Jurisdiction is conferred upon justices of the peace to entertain such actions of assumpsit to the amount of three hundred dollars ($300).
(3202 repealed in part Apr. 28, 1978, P.L.202, No.53)
Section 3203. Competency of Witnesses and Jurors.--(3203 repealed Apr. 28, 1978, P.L.202, No.53)
Section 3204. Execution Against County.--(3204 repealed Apr. 28, 1978, P.L.202, No.53)
Section 3205. Appeals in Behalf of County by Taxpayers.--(3205 repealed Apr. 28, 1978, P.L.202, No.53)
Section 3206. Certain Procedure in Equity Not to Apply When County is Libellant, Et Cetera.--(3206 repealed Apr. 28, 1978, P.L.202, No.53)
Section 3207. Submission of Disputes to Arbitration.--(3207 repealed Apr. 28, 1978, P.L.202, No.53)
Article XXXIII
Acts of Assembly Repealed
Section 3301. The following acts and parts of acts and all amendments thereof are hereby repealed to the extent hereinafter specified:
Section 78 of the act, approved the fifteenth day of April, one thousand eight hundred thirty-four (Pamphlet Laws 537), entitled "An act relating to counties and townships and county and township officers," as to counties of the second class.
The act, approved the first day of April, one thousand eight hundred thirty-five (Pamphlet Laws 101), entitled "An act relative to the bonds of County Treasurers in the Auditor General's Office," as to counties of the second class.
Sections 3 and 10 of the act, approved the twenty-seventh day of May, one thousand eight hundred forty-one (Pamphlet Laws 400), entitled "An act relating to the Election of County Treasurers and for other purposes," as to counties to the second class.
Sections 1, 3 and 7 of the act, approved the third day of May, one thousand eight hundred fifty (Pamphlet Laws 654), entitled "An act providing for the election of district attorneys," as to counties of the second class.
Sections 17 and 18 of the act, approved the thirty-first day of March, one thousand eight hundred sixty (Pamphlet Laws 382), entitled "An act to Consolidate, Revise and Amend the Penal Laws of this Commonwealth," as to counties of the second class.
The act, approved the twelfth day of March, one thousand eight hundred sixty-six (Pamphlet Laws 85), entitled "A further supplement to an act, entitled 'An Act to consolidate, revise and amend the penal laws of this Commonwealth,' so far as relates to the duties of district attorneys," as to counties of the second class.
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15 and 16 of the act, approved the thirty-first day of March, one thousand eight hundred seventy-six (Pamphlet Laws 13), entitled "An act to carry into effect section five, of article fourteenth, of the constitution, relative to the salaries of county officers and the payment of fees received by them into the state or county treasury, in counties containing over one hundred and fifty thousand inhabitants," as to counties of the second class.
The act, approved the eighth day of June, one thousand eight hundred eighty-one (Pamphlet Laws 81), entitled "An act to authorize the courts of common pleas of this commonwealth, on sale of real estate by surety for the sheriff or coroner, on application by petition, to release the lien of recognizance on said real estate," as to counties of the second class.
The act, approved the twenty-seventh day of June, one thousand eight hundred eighty-three (Pamphlet Laws 163), entitled "An act providing for the satisfaction and discharge sheriff's recognizance," as to counties of the second class.
The act, approved the nineteenth day of April, one thousand eight hundred eighty-nine (Pamphlet Laws 38), entitled "An act providing for the appointment of librarians for law libraries connected with the courts of this Commonwealth," as to counties of the second class.
The act, approved the thirteenth day of May, one thousand eight hundred eighty-nine (Pamphlet Laws 200), entitled "An act regulating the payment of traveling expenses of directors of the poor and county commissioners within this Commonwealth," as to counties of the second class.
The act, approved the twelfth day of June, one thousand eight hundred ninety-three (Pamphlet Laws 457), entitled "An act to provide for the erection, maintenance and regulation of public morgues in the several counties of this Commonwealth, for the care and disposal of bodies removed thereto, and providing for the payment of certain expenses of the same by the proper county or district or by the estate of the deceased person, and providing for the disposal of the personal effects of unclaimed dead," as to counties of the second class.
The act, approved the eighteenth day of June, one thousand eight hundred ninety-five (Pamphlet Laws 209), entitled "An act regulating the printing and publication of notices and advertisements authorized by the county commissioners of the counties of this Commonwealth containing a population of five hundred thousand and not exceeding one million, as shown by the last United States census, providing how newspapers shall be designated in which such publications shall be made, and repealing an act, entitled 'An act authorizing the county commissioners of Allegheny county to select four morning newspapers for official county advertising,' approved the second day of April, Anno Domini one thousand eight hundred and seventy-three, and also repealing the tenth section of an act, entitled 'A supplement to an act approved the first day of May, Anno Domini one thousand eight hundred and sixty-one, entitled "An act relating to Allegheny county," approved the eighth day of April, Anno Domini one thousand eight hundred and sixty-two'," as to counties of the second class.
The act, approved the fourteenth day of April, one thousand eight hundred ninety-seven (Pamphlet Laws 22), entitled "An act making it the duty of the various county officials to furnish, on demand therefor, information from their respective offices to the head of any department of the State government, and providing a compensation therefor," as to counties of the second class.
The act, approved the fifteenth day of July, one thousand eight hundred ninety-seven (Pamphlet Laws 285), entitled "An act authorizing the commissioners of the counties of the Commonwealth to transfer and cover into the general fund of the several counties, any money now placed to the credit of any city, borough or township, upon any duplicate for taxes where the same has remained uncalled for during a period of ten years: Provided, The right to the same is not in litigation or a matter of dispute," as to counties of the second class.
The act, approved the eighteenth day of April, one thousand eight hundred ninety-nine (Pamphlet Laws 56), entitled "An act authorizing the county commissioners of the several counties in this Commonwealth to appoint a clerk, fix his compensation, and prescribe the term and duties of the clerk, except in counties where the clerk to the county commissioners is elected by the people," as to counties of the second class.
The act, approved the twenty-first day of May, one thousand nine hundred one (Pamphlet Laws 271), entitled "An act to provide for the election of recorders of deeds and registers of wills in counties having a population of over one hundred and fifty thousand," as to counties of the second class.
The act, approved the fourteenth day of March, one thousand nine hundred five (Pamphlet Laws 37), entitled "An act to fix the salaries of district attorneys, and providing for the appointment of assistant district attorneys, in the several counties of this Commonwealth having over eight hundred thousand inhabitants; prescribing the powers and duties, and fixing the salaries of the said assistant district attorneys," as to counties of the second class.
Section 1 of the act, approved the sixteenth day of April, one thousand nine hundred seven (Pamphlet Laws 92), entitled "An act defining the duty of coroners, police and health authorities, in this Commonwealth, in reference to the disposition of bodies of persons whose cause of death may be the subject of inquiry by the coroner," as reenacted and amended by the act, approved the twelfth day of July, one thousand nine hundred thirty-five (Pamphlet Laws 710), insofar as it is inconsistent with the provisions of this act, in counties of the second class.
The act, approved the twenty-second day of April, one thousand nine hundred nine (Pamphlet Laws 104), entitled "An act providing for the support and maintenance of law libraries in the counties of this Commonwealth," as to counties of the second class.
The act, approved the twenty-seventh day of April, one thousand nine hundred nine (Pamphlet Laws 242), entitled "An act providing for the payment to the treasurer of any County Soldiers' Memorial Association, within the Commonwealth of Pennsylvania, incorporated under the laws of the said Commonwealth, of any moneys unexpended, which were appropriated by the county commissioners of any county in the Commonwealth, under the act of April third, one thousand nine hundred and three, to be used solely and exclusively for the erection or completion of any monument or memorial to the memory of the soldiers and sailors of American wars," as to counties of the second class.
The act, approved the first day of June, one thousand nine hundred eleven (Pamphlet Laws 556), entitled "An act to fix the salary of the coroner of any county of this Commonwealth having a population of one million or over," as to counties of the second class.
The act, approved the eighth day of June, one thousand nine hundred eleven (Pamphlet Laws 717), entitled "An act relating to coroners and the holding of postmortems, in the several counties of the Commonwealth," as to counties of the second class.
The act, approved the twenty-seventh day of March, one thousand nine hundred thirteen (Pamphlet Laws 11), entitled "An act fixing the salary of controllers, in counties having over one hundred thousand inhabitants, where no provision for such salary has heretofore been made," as to counties of the second class.
The act, approved the fourteenth day of May, one thousand nine hundred thirteen (Pamphlet Laws 204), entitled "An act authorizing the board of county commissioners of the several counties of the State to appropriate money for cooperative agricultural extension work, for the purpose of improving and developing the agricultural resources of the proper counties," as to counties of the second class.
The act, approved the seventeenth day of May, one thousand nine hundred seventeen (Pamphlet Laws 237), entitled "An act regulating the practice and procedure of the sheriff or deputy sheriff, under writs of inquisition, condemnation, inquiry of damages, lunacy, or habitual drunkard proceedings, partition proceedings, or by virtue of any other writ or process, issued by the courts of this Commonwealth, wherein the existing laws require the sheriff to be present in person," as to counties of the second class.
The act, approved the twenty-fourth day of May, one thousand nine hundred seventeen (Pamphlet Laws 297), entitled "An act authorizing the establishment of contagious disease hospitals in the several counties of the Commonwealth, to be constructed and maintained out of county funds," as to counties of the second class.
Sections 2 and 3 of the act, approved the seventh day of June, one thousand nine hundred seventeen (Pamphlet Laws 570), entitled "An act fixing the salaries and providing for the expenses of county commissioners in the counties of this Commonwealth," absolutely.
The act, approved the eighth day of May, one thousand nine hundred nineteen (Pamphlet Laws 163), entitled "An act authorizing county commissioners to appoint county engineers, and to fix their compensation, and prescribing the duties of such engineers," as to counties of the second class.
The act, approved the thirteenth day of April, one thousand nine hundred twenty-one (Pamphlet Laws 132), entitled "An act authorizing county commissioners to appropriate moneys for the maintenance of duly incorporated organizations for the prevention of cruelty to animals," as to counties of the second class.
Section 24 of the act, approved the sixteenth day of May, one thousand nine hundred twenty-three (Pamphlet Laws 207), entitled "An act providing when, how, upon what property, and to what extent, liens shall be allowed for taxes and for municipal improvements, for the removal of nuisances, and for water rents or rates, sewer rates, and lighting rates; for the procedure upon claims filed therefor; the methods for preserving such liens and enforcing payment of such claims; the effect of judicial sales of the properties liened; the distribution of the proceeds of such sales, and the redemption of the property therefrom; for the lien and collection of certain taxes heretofore assessed, and of claims for municipal improvements made and nuisances removed, within six months before the passage of this act; and for the procedure on tax and municipal claims filed under other and prior acts of Assembly," as to counties of the second class. (Par. added May 16, 1996, P.L.210, No.39)
The act, approved the nineteenth day of May, one thousand nine hundred twenty-three (Pamphlet Laws 283), entitled "An act providing a means whereby the individual justice of the peace may better inform himself as to the law, changes in the law, and decisions of the courts on the law, of this Commonwealth," as to counties of the second class.
The act, approved the twenty-first day of May, one thousand nine hundred twenty-three (Pamphlet Laws 295), entitled "An act authorizing and empowering counties of the second class in this Commonwealth to acquire by lease, purchase, or condemnation proceedings any land within the county for the purpose of establishing and maintaining airdromes or aviation landing fields; providing for the procedure in case of condemnation, and the extent of title acquired; authorizing the lease by the county of portions of said land to individuals or corporations upon such terms as may be fixed, and the lease thereof to the Government of the United States upon nominal rental; authorizing and empowering the county to use land now owned by it for such purposes; and authorizing joint operation by said county and any city within the county of airdromes or aviation landing fields, where such city is authorized to establish and maintain the same," absolutely.
The act, approved the twenty-ninth day of June, one thousand nine hundred twenty-three (Pamphlet Laws 973), entitled "An act providing for the payment by counties of expenses incurred by the district attorney, and making such expenses a part of the costs of the case where the defendant is convicted," as to counties of the second class.
The act, approved the ninth day of April, one thousand nine hundred twenty-five (Pamphlet Laws 222), entitled "An act providing for the payment by counties and poor districts of the salaries of officers where pending the settlement of a dispute the salary paid to such officer was less than the amount to which he was legally entitled," as to counties of the second class.
The act, approved the twelfth day of May, one thousand nine hundred twenty-five (Pamphlet Laws 596), entitled "An act providing for the alteration of the boundaries of counties in certain cases for the adjustment of the indebtedness thereof; providing the effect thereof," as to counties of the second class.
The act, approved the thirteenth day of May, one thousand nine hundred twenty-five (Pamphlet Laws 676), entitled, as amended, "An act providing for the burial of certain persons who are, have been, or shall be, soldiers, sailors, marines, or members of the enlisted nurse corps, designated as "deceased service men" defining the term "deceased service men" authorizing county commissioners to provide markers and burial plots for such deceased service men at the expense of such county in which they shall die or have a legal residence at the time of their death; and providing for the burial of widows of soldiers, sailors, or marines," as to counties of the second class.
The act, approved the second day of May, one thousand nine hundred twenty-nine (Pamphlet Laws 1278), entitled "An act relating to counties of the second, third, fourth, fifth, sixth, seventh and eighth classes; and revising, amending and consolidating the laws relating thereto," as to counties of the second class.
The act, approved the fifteenth day of May, one thousand nine hundred twenty-nine (Pamphlet Laws 1767), entitled "An act validating the action of the salary board of any county of this Commonwealth in providing additional assistants to the district attorneys in the respective counties, when such appointments become necessary, or on account of sickness of assistant district attorneys, or on account of increased business or unusual conditions or circumstances, provided the salary for such appointees did not exceed the minimum salary provided for assistant district attorneys in the respective counties," as to counties of the second class.
The act, approved the sixteenth day of May, one thousand nine hundred twenty-nine (Pamphlet Laws 1767), entitled "An act to fix the salaries of certain county officers in counties of the second class," absolutely.
The act, approved the twenty-third day of June, one thousand nine hundred thirty-one (Pamphlet Laws 929), entitled "An act fixing the qualifications of deputy sheriffs in this Commonwealth," as to counties of the second class.
The act, approved the twenty-third day of June, one thousand nine hundred thirty-one (Pamphlet Laws 1199), entitled "An act authorizing the boards of prison inspectors, in counties of the second class of this Commonwealth, to appoint jail chaplains, and directing the salary boards of such counties to fix the salaries and compensation of such chaplains," absolutely.
The act, approved the seventh day of April, one thousand nine hundred thirty-three (Pamphlet Laws 29), entitled "An act requiring the board of county commissioners of counties of the second class, on approval of the president judge of the court of common pleas of said counties, to fix the compensation of fire marshals; and to require the board of county commissioners of counties of the second class, subject to the approval of the common pleas court, to provide for the retirement of such fire marshals on annual pensions after twenty years of service, such compensation and pension to be payable by the county," absolutely.
The act, approved the twenty-third day of May, one thousand nine hundred thirty-three (Pamphlet Laws 962), entitled "A supplement to the act, approved the third day of April, one thousand nine hundred and three (Pamphlet Laws, one hundred thirty-seven) entitled 'An act regulating the confinement of children, under the age of sixteen years, awaiting trial'; providing for the management of houses of detention for juveniles in counties of the second class; imposing expense in connection therewith on the county; and permitting and authorizing the county commissioners thereof to appropriate money or issue bonds for the purchase of lands or erecting, constructing and equipping of buildings for such purpose," absolutely.
The act, approved the twenty-fifth day of May, one thousand nine hundred thirty-three (Pamphlet Laws 1041), entitled "An act to safeguard human health and life in counties of the second class by providing for the licensing and regulation of persons, municipalities, and entities engaged in the transportation of garbage, and in the disposal of garbage through the construction, keeping, maintenance or conduct of garbage disposal plants; conferring powers and imposing duties on the county commissioners of such counties, and otherwise providing for the administration of the act; and imposing penalties," absolutely.
The act, approved the twenty-second day of December, one thousand nine hundred thirty-three--one thousand nine hundred thirty-four (Pamphlet Laws 108), entitled "An act reducing to five days the period during which municipal subdivisions of the Commonwealth are required to advertise notice of proposed awards of contracts for articles to be used on projects financed by the Federal Civil Works Administration," as to counties of the second class.
The act, approved the twelfth day of July, one thousand nine hundred thirty-five (Pamphlet Laws 709), entitled "An act authorizing and empowering county commissioners of this Commonwealth of the counties of the second class, within this Commonwealth, to destroy certain public records," absolutely.
The act, approved the sixteenth day of July, one thousand nine hundred thirty-five (Pamphlet Laws 1047), entitled "An act to enable county commissioners in counties of the second class to issue, sell, and dispose of bonds to provide funds to acquire lands or buildings or to erect buildings or construct or make any improvements that may be deemed necessary by any corporation and body politic having the management and control of a work house and inebriate asylum," absolutely.
The act, approved the second day of June, one thousand nine hundred thirty-seven (Pamphlet Laws 1206), entitled "An act relating to memorial halls in counties of the second class, erected in memory of the soldiers, sailors and marines who served in the Civil War; and providing for the use, upkeep, and management and control of such halls," absolutely.
The act, approved the fourth day of June, one thousand nine hundred thirty-seven (Pamphlet Laws 1595), entitled "An act relating to peace officers; providing for the qualifications and appointments of deputy sheriffs; regulating the manner of their selection and compensation; regulating the source of compensation for other peace officers; declaring void certain contracts inconsistent with the provisions hereof; providing penalties; and repealing inconsistent acts," as to counties of the second class.
The act, approved the first day of July, one thousand nine hundred thirty-seven (Pamphlet Laws 2612), entitled "An act authorizing county commissioners of any county to hold in trust for the inhabitants and citizens of the county, any real estate and property appropriate for agriculture fairs or exhibits; and to lease the same, without expense or liability to the county, to any incorporated agriculture association to operate and conduct an annual fair within the county," as to counties of the second class.
The act, approved the first day of July, one thousand nine hundred thirty-seven (Pamphlet Laws 2615), entitled "An act authorizing counties of the second class to provide for the issue and sale, during any fiscal year, of revenue bills which shall be negotiable and useable for the payment of taxes due for said year," absolutely.
The act, approved the first day of July, one thousand nine hundred thirty-seven (Pamphlet Laws 2618), entitled "An act authorizing any county of the second class and any city in any such county in which the county seat is within the limits of such city, to agree upon the joint management and control of any or all city hospitals and institutions and any or all county hospitals and institutions within the county; and providing for the appointment of a board of managers and for professional staffs and employes, and for the apportionment of costs and expenses," absolutely.
The act, approved the twenty-fifth day of May, one thousand nine hundred thirty-nine (Pamphlet Laws 205), entitled "An act authorizing counties of the second class to acquire property and erect thereon maintenance warehouses for roads, highways, bridges and tunnels, by purchase or the exercise of the right of eminent domain; providing for the acquiring of fee simple title thereto, and the issuance of bonds therefor," absolutely.
The act, approved the fifteenth day of June, one thousand nine hundred thirty-nine (Pamphlet Laws 359), entitled "An act relating to recognizances and official bonds of present and future sheriffs and coroners and to their sureties thereon; imposing the expense of corporate suretyships on such obligations upon the several counties and various duties upon the courts of common pleas and county officers thereof; authorizing the substitution of approved surety companies for individual or corporate sureties upon such obligations and the release of any surety upon any such recognizance by such court upon certain conditions; dispensing with sureties on such recognizances but providing for the acknowledgment, recording and indexing of same as liens on certain real estate; regulating such liens and releases therefrom; providing for refunds to sheriffs and coroners of certain premiums paid to sureties on their official bonds and recognizances; and repealing inconsistent laws, except as to existing claims or pending suits thereunder, subject to certain limitations," as to counties of the second class.
The act, approved the twenty-first day of June, one thousand nine hundred thirty-nine (Pamphlet Laws 649), entitled "An act authorizing counties to convey or lease property, needed or convenient as a site for a county courthouse, to the General State Authority; to acquire additional property for such purposes; and to contract with and lease property from said Authority," as to counties of the second class.
The act, approved the twenty-eighth day of July, one thousand nine hundred forty-one (Pamphlet Laws 519), entitled "An act relating to the bonds to be given by county officers, their deputies, clerks and assistants in counties of the second class, the amount and conditions thereof, the sureties for such bonds, the payment of the premiums therefor, and the recording and custody thereof," absolutely.
The act, approved the twenty-first day of May, one thousand nine hundred forty-three (Pamphlet Laws 563), entitled "An act authorizing counties of the second class to enter into contracts with any city within the county for the hospitalization of persons suffering from infectious diseases; and to make appropriations therefor," absolutely.
The act, approved the twenty-eighth day of May, one thousand nine hundred forty-three (Pamphlet Laws 793), entitled "An act authorizing counties of the second class to regulate the production of smoke from chimneys, smokestacks or other source, including provisions for the payment of inspection and certificates of compliance fees incident thereto; authorizing the expenditure of money for the employment of persons, and the acquisition of property for effectuating such regulations; and providing penalties for the violation thereof," absolutely.
The act, approved the third day of June, one thousand nine hundred forty-three (Pamphlet Laws 821), entitled "An act authorizing the county commissioners in each county of the second class to appoint a fire marshal and two assistant fire marshals, providing for the term of office and compensation of the persons so appointed, and prescribing their powers and duties; imposing certain additional duties upon county commissioners, policemen, constables, watchmen and other persons; authorizing the fire marshal or his assistants to enter upon properties to investigate various fire hazards and to order the removal or abatement of such hazards; conferring certain police powers upon the fire marshal and his assistants; repealing certain general, special and local legislation; and prescribing penalties," absolutely.
The act, approved the twenty-fifth day of April, one thousand nine hundred forty-five (Pamphlet Laws 299), entitled "An act providing for the establishment in counties of the second class of the lot and block plan for the registration of land titles, for the accumulation of county tax liens, and for the enumeration of the parcels of real estate to be assessed for county, city, borough, township, school and institution district taxation; providing for the incurring of indebtedness for the installation thereof; and imposing duties upon the county controller and the deed registrar in each of such counties," absolutely.
The act, approved the eighteenth day of May, one thousand nine hundred forty-five (Pamphlet Laws 787), entitled "An act conferring upon counties of the second class, power to enter upon private property and open and maintain drainage channels along county roads or highways; and providing penalty for interference with such drains or ditches," absolutely.
The act, approved the twenty-eighth day of June, one thousand nine hundred forty-seven (Pamphlet Laws 1144), entitled "An act relating to the annual salaries of certain county officers of counties of the second class," absolutely.
The act, approved the sixteenth day of May, one thousand nine hundred fifty-one (Pamphlet Laws 300), entitled "An act authorizing counties of the second and fourth classes to establish fire training schools for the paid and volunteer firemen of municipalities within the county," as to counties of the second class.
The act, approved the eighteenth day of June, one thousand nine hundred eighty-two (Pamphlet Laws 547), entitled "An act establishing the fees to be charged and collected by the clerk of courts in second, second class A, third, fourth, fifth, sixth, seventh and eighth class counties and home rule counties," as to counties of the second class. (Par. added May 16, 1996, P.L.210, No.39)
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 3302. General Repeal.--All other acts and parts of acts are hereby repealed insofar as they are inconsistent with the provisions of this act.
APPENDIX
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Supplementary Provisions of Amendatory Statutes
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1976, JUNE 29, P.L.461, NO.116
Section 7. The provisions of this amendatory act do not apply and shall not be construed to apply to counties of the second class A.
Compiler's Note: Act 116 amended sections 1701, 1711, 1712, 1713 and 1715 of Act 230.
Section 8. This act shall take effect immediately and be applicable to all persons retiring on or after January 1, 1973.
2007, JULY 17, P.L.130, NO.38
Section 3. The amendment or addition of sections 103(7) and 1902-B of the act are not intended to and shall not be interpreted as doing any of the following:
(1) Ratifying any actions taken by taxing authorities to assess or tax signs or sign structures as real property prior to the effective date of this section.
(2) Authorizing, ratifying or affirming the authority of counties not subject to the act and political subdivisions located within the county to assess or tax signs or sign structures as real property.
(3) Create an implication that the act of May 22, 1933 (P.L.853, No.155), known as The General County Assessment Law, should not be uniformly applied to all classes of counties and political subdivisions located within the county authorized by law to assess real property for purposes of taxation, except as otherwise expressly provided by law.
Compiler's Note: Act 386 amended or added sections 103 and 1902-B of Act 230.
Section 4. (a) The General Assembly declares that the repeals under subsection (b) are necessary to effectuate the purposes of this act.
(b) The following acts and parts of acts are repealed insofar as they are inconsistent with the amendment or addition of sections 103(7) and 1902-B of the act:
(1) Section 201 of the act of May 22, 1933 (P.L.853, No.155), known as The General County Assessment Law.
(2) All other acts and parts of acts.
Section 5. The amendment or addition of sections 103(7) and 1902-B of the act shall apply retroactively to assessments used for purposes of real property taxes levied and collected for fiscal periods of political subdivisions beginning on or after January 1, 2005.