19550130ua

AN ACT

 

Relating to counties of the first, second class A, third, fourth, fifth, sixth, seventh and eighth classes; amending, revising, consolidating and changing the laws relating thereto; relating to imposition of excise taxes by counties, including authorizing imposition of an excise tax on the rental of motor vehicles by counties of the first class; and providing for regional renaissance initiatives. (Title amended Oct. 24, 2018, P.L.931, No.154)

19550130uc

 

TABLE OF CONTENTS

 

 

Sections

101-110

 

 

 

201-211

 

 

(a)  Division of the State into Counties; Corporate Powers

201-203

(b)  Classification

210-211

 

 

301-306

 

 

401-460

 

 

(a)  General Provisions

401-416

(b)  Official Bonds

420-437

(c)  State Associations

440-446

(d)  Removal of County Officers

450

(e)  Conduct of Official Business

460

 

 

 

501-521

 

 

(a)  Commissioners

501-513

(b)  Chief Clerk of County Commissioners

520-521

 

 

601-607

 

 

701-704

 

 

801-807

 

 

901-904

 

 

1001-1002

 

 

1101-1106

 

 

1201-1263

 

 

(a)  Sheriff (Repealed)

1201-1215

(b)  Coroner (Repealed)

1231-1253

(c)  Provisions Relating to Sheriffs and Coroners (Repealed)

 

1260-1263

 

 

1201-A-1215-A

 

 

 

 

 

(a)  Preliminary Provisions

1201-B-1202-B

(b)  General Provisions

1211-B-1236-B

(c)  Fees and Cost Recovery

1251-B-1252-B

 

 

 

 

1301-1316

 

 

 

1401-1441

 

 

(a)  District Attorney

1401-1409

(b)  Assistant and Acting District Attorneys, Stenographers and Clerks

 

1420-1426

(c)  County Detectives

1440-1441

 

 

1501-1505

 

 

 

1550-1556

 

 

1560-1561

 

 

 

1601-1630

 

 

(a)  Fees of Salaried County Officers

1601-1610

(b)  Salary Boards

1620-1625

(c)  Payment of Solicitors Appointed by County Officers (Repealed)

 

1630

 

 

1701-1795

 

 

(a)  Fiscal Policy and Systems

1701-1706

(b)  Accounts, Audits and Reports by Controller or Auditors

 

1720-1739

(c)  Disbursals of County Moneys

1750-1754

(d)  County Treasury and County Depositories

1760-1764

(e)  County Taxation, Borrowing and Transfer    of Funds

 

1770-1772

(f)  Budgets

1780-1785

(g)  Sinking Fund Commission

1790-1795

 

 

1801-1807

 

 

 

1901-1999i

 

 

(a)  Appropriations for Military Purposes (Repealed)

 

1901-1903

(b)  Burial of Deceased Service Persons and Surviving Spouses (Repealed)

 

1908-1916

(c)  Memorial Observances (Repealed)

1921-1923

(d)  County Histories

1928-1931

(e)  Animal and Plant Husbandry

1935-1939

(f)  Communications

1943-1944

(g)  Prevention and Control of Floods

1947

(g.1)  Disaster Emergency Aid to Municipalities in Counties of the Third through Eighth Class

 

1948

(h)  Aid to Fire Fighting Departments and Companies

 

1951-1952

(h.1)  Fire Marshal and Assistant Fire Marshals in Counties of the Third through Eighth Class

 

 

1953

(i)  Utilities

1955-1956

(j)  Law Libraries (Repealed)

1962-1965

(k)  Rewards and Bounties

1971-1972

(l)  Garbage and Refuse Disposal

1975

(m)  County and County Aided Institutions  (Repealed)

 

1980

(n)  Appropriations to Industrial Development Agencies

 

1985-1986

(o)  Surplus Foods and Food Stamp Program

1990-1991

(p)  Historical Property and Museums

1995

(p.1)  Legal Aid Services

1996

(q)  Transportation and Traffic Control Devices

 

1997

(r)  Public Defenders (Repealed)

1998

(s)  Appropriations for Recreation and Historic and Museum Projects of Municipal Corporations, Authorities and Nonprofit Organizations

 

 

1999

(t)  Appropriations to Institutions of Higher Learning or to Nonprofit Educational Trusts in Counties of the Third through Eighth Class

 

 

 

1999a

(u)  Agreements with the Federal Government for the Promotion of Health or Welfare

 

 

1999b

(v)  Appropriations for Reservoirs and Water Resources

 

1999c

(w)  Tourist Promotion Agencies

1999d

(x)  Crime Detection Laboratory and Police Training School in Counties of the Third Class

 

 

1999e

(y)  Parking Facilities

1999f

(z)  Revenue Bonds for Industrial Development Projects

 

1999g

(z.1)  Grants to Nonprofit Art Corporations

1999h

(z.2)  Commission on Women

1999i

(z.3)  Civil Service in Counties of the Second Class A

 

1999j

(z.4)  Insuring County Against Loss or Liability

 

1999k

(z.5)  Lot and Block System in Counties of the Second Class A

 

1999l-1999m

 

 

 

(a)  Appropriations for Military Purposes

1901-A-1903-A

(b)  Interment of Deceased Servicepersons and Surviving Spouses

 

1908-A-1916-A

(c)  Memorial Observances

1921-A-1924-A

 

 

2001-2039

 

 

(a)  County and Regional Planning Commissions

 

2001-2011

(b)  County Zoning

2020-2039

 

 

2101-2199.8

 

 

(a)  General Provisions

2101

(b)  County and Joint County Hospitals (Repealed)

2110-2119

(c)  County Health Aid to Institutions and Political Subdivisions

 

2130-2133

(d)  Insect Control

2150-2152

(e)  Care of Dependents and Children

2160-2177

(f)  Training for County Health, Welfare and Probation Personnel

 

2180

(g)  Boards of Health in Counties of the Third Class

 

2185-2199.2

(1)  Board of Health

2185-2195.2

(2)  Abatement of Public Nuisances

2196-2199.1

(3)  Penalties

2199.2

(h)  General Hospitals

2199.5-2199.8

 

 

2201-2210

 

 

(a)  Aeronautics

2201-2210

(b)  Second Class A County Transit and Traffic Commission

 

2250-2251

 

 

2301-2399.73

 

 

(a)  General Provisions

2301-2304

(b)  Acquisition, Use, Leasing and Disposing of Real Property for County

 

2305-2311

(c)  Acquisition, Construction or Alteration of County Buildings

 

2315-2320

(d)  Policing, Administration and Public Order of Grounds and Buildings

 

2325-2329

(e)  Special Provisions for Temporary County Buildings and for Rooms in County Buildings

 

 

2335-2339

(e.1)  Special Provisions for Temporary County Buildings and for Rooms in County Buildings in Counties of the Second Class A

 

 

 

2339.1-2339.6

(f)  Improvement of Streets Along County Buildings; Street Lighting

 

2345-2346

(g)  Public Accommodations

2350

(h)  Monuments and Memorials

2355-2367

(i)  Public Auditoriums, Public Libraries, Public Memorial Buildings and Monuments

 

 

2368-2370

(j)  Homes and Hospitals

2374-2385

(k)  Morgues

2390-2393

(l)  Garbage and Refuse Disposal Plants and Incinerators

 

2396

(m)  Tax for Capital Costs Retirement

2398

(n)  Third Class County Convention Center Authorities

2399.1-2399.23

(o)  Third Class County Convention Center Authorities (Alternative Provision)

 

2399.51-2399.73

 

 

 

2401-2433

 

 

 

2401-A-2404-A

 

 

2501-2517

 

 

2601-2676

 

 

(a)  General Authority and Procedures for Providing Bridges

 

2601-2616

(b)  Special Authorities and Procedures

2630-2639

(c)  Taking Over or Assisting with Township or Municipal Bridges

 

2650-2661

(d)  Provisions Relating to Contracts

2670

(e)  Taxation and Borrowing

2675-2676

 

 

2701-2787

 

 

(a)  Authorization, Construction and Maintenance

 

2701-2745

1.  County Roads, Establishment and Maintenance

 

2701-2714

2.  System of Main Thoroughfares Adopted, Laid Out and Constructed by County and Becoming Borough and Township Roads

 

 

 

2720-2725

3.  Roads, Tunnels, Subways and Underground Roads

 

2730-2734

4.  General Provisions

2740-2745

(b)  Vacation as County Roads

2750

(c)  Continuous Highways from One County to Another

 

2753

(d)  County Aid to Municipalities and Townships

 

2756-2770

(e)  Detours

2775-2777

(f)  Protection of Roads

2781-2787

 

 

 

2801-2807

 

 

 

3011-3081

 

 

(a)  Preliminary Provisions

3011-3013

(b)  Regional Growth Fund

3021-3022

(c)  Regional Renaissance Authority

3031-3039

(d)  Bonds and Funds of Authority

3041-3044

(e)  Additional Sales and Use Taxes

3051-3057

(f)  Increase in Hotel Tax

3061-3064

(g)  Regional Destination Facilities Fund

3071-3072

(h)  Conveyance of David L. Lawrence Convention Center

 

3081

 

 

3901-3903

 

19550130uh

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

19550130u101h

 

ARTICLE I

PRELIMINARY PROVISIONS

 

19550130u101s

Section 101.  Short Title.--This act shall be known and may be cited as "The County Code." The provisions of this act shall become effective January one, one thousand nine hundred fifty-six.

19550130u102s

Section 102.  Applicability.--(a)  Except incidentally, as in sections 108, 201, 210, 211, 401 and 1401 or as provided in section 1770.12, Article XII-B and Article XXX, this act does not apply to counties of the first or second classes.

(b)  Except where otherwise specifically limited, this act applies to all counties of the second A, third, fourth, fifth, sixth, seventh and eighth classes.

(102 amended Oct. 24, 2018, P.L.931, No.154)

19550130u102v

 

Compiler's Note:  Section 102(a), in part, was declared unconstitutional on March 14, 2013, by the Supreme Court of Pennsylvania in Pennsylvania State Association of Jury Commissioners v. Commonwealth, 64 A.3d 611 (Pa. 2013).

19550130u102.1s

Section 102.1.  Definitions.--The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Municipal corporation."  A city, borough, incorporated town, township of the first or second class or a home rule or optional charter municipality other than a county.

"Municipality."  A municipal corporation or county.

"Recreation places."  The term includes public parks, parkways, bridle paths, horse show rings, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools, agricultural fairgrounds or other indoor or outdoor recreation centers.

"Street."  A street, road, lane, court, cul-de-sac, alley, public way or public square.

(102.1 added Oct. 24, 2018, P.L.931, No.154)

19550130u103s

Section 103.  Excluded Provisions.--This act does not include any provisions of, and shall not be construed to repeal:

(1)  53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(2)  Except as otherwise provided in section 3903, the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code," approved June three, one thousand nine hundred thirty-seven (Pamphlet Laws 1333).

(3)  ((3) repealed Sept. 19, 1961, P.L.1495, No.638)

(4)  The Local Health Administration Law, approved August twenty-four, one thousand nine hundred fifty-one (Pamphlet Laws 1304).

(5)  Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."

(6)  Except where otherwise expressly provided, any law relating to the collection of municipal and tax claims.

(7)  Any law relating to the assessment and valuation of property and persons for taxation.

(8)  Any law relating to the giving of county consent to public utilities.

(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 action.

(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 re-binding, re-indexing and transcribing of records in county offices.

(18)  Any law relating to the fees of county officers, except as any such acts are repealed by Article XXXIX of this act.

(19)  Any temporary law.

(20)  Any amendment or supplement of any of the laws referred to in this section.

(21)  66 Pa.C.S. Pt. I (relating to public utility code).

(103 amended Oct. 24, 2018, P.L.931, No.154)

19550130u103v

 

Compiler's Note:  Act 142 of 2006 amended section 103(7) of the County Code. Section 6 of Act 142 provides that the amendment is to apply retroactively to real property assessments for taxes levied and collected for fiscal periods of political subdivisions beginning on or after January 1, 2005, and section 4 prohibits the amendment from being interpreted either as authorizing, ratifying, or affirming any assessment of signs or sign structures as real property, or as creating an implication that The General County Assessment Law, the act of May 22, 1933 (P.L.853, No.155), should not be applied uniformly.

19550130u104s

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 previously repealed or superseded, nor affect the existence or class of any county previously 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 the repealed laws.

(b)  All ordinances, resolutions, regulations and rules, made pursuant to any act repealed by this act, shall continue with the same force and effect as if the act had not been repealed. All local acts applying to particular counties, not specifically repealed, shall continue in force, and any provisions of this act inconsistent with local laws shall not apply to the counties affected by the local laws, unless the application is clearly indicated.

(c)  All acts and parts of acts relating to counties, or to particular classes of counties, in force as of January 1, 1956, and not repealed by this act, shall remain in force in the same manner and with the same effect as prior to the adoption of this act.

(d)  This act shall be considered a continuation of the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," as it pertains to second class A counties, except where otherwise expressly provided. The repeal of the "Second Class County Code" as it relates to second class A counties by section 3901 of this act shall not be construed as modifying or repealing any term of office, power, ordinance, rule or regulation of home rule counties or counties of the second class A existing on the effective date of this subsection.

(104 amended Oct. 24, 2018, P.L.931, No.154)

19550130u105s

Section 105.  Holding of Office.--Any person holding elective office under any act repealed by this act shall continue to hold the office until the expiration of the person's term, subject to the conditions and salary attached to the office prior to the passage of this act.

(105 amended Oct. 24, 2018, P.L.931, No.154)

19550130u106s

Section 106.  Construction of References.--Whenever in this act reference is made to any act, the 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.

(106 amended Oct. 24, 2018, P.L.931, No.154)

19550130u107s

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 the unconstitutional provisions not been included within this act.

(107 amended Oct. 24, 2018, P.L.931, No.154)

19550130u108s

Section 108.  Legislation According to Class.--The affairs of counties shall be legislated for and regulated by general laws, applicable to all counties, or to particular classes, as fixed and appointed by this act. All laws adopted by the General Assembly for one or more of the classes fixed and appointed by this act shall be deemed to be general laws.

(108 amended Oct. 24, 2018, P.L.931, No.154)

19550130u108.1s

Section 108.1.  Collection of Tax on Real Property from Rent Paid to Owner in County of the Second Class A.--(a)  Where the owner of any residential or commercial real property that is located in a county of the second class A and subject to a claim owed to the county 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 the property owner's duty to remit that rental income to the office of the county treasurer. The rent remitted shall be applied to the amount of tax owed to the county, 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 Oct. 24, 2018, P.L.931, No.154)

19550130u109s

Section 109.  Proceedings for Recovery of Penalties.--Unless otherwise specifically provided in this act, when 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 common pleas, or by civil action as debts of equivalent amount are by law recoverable. Magisterial district judges 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.

(109 amended Oct. 24, 2018, P.L.931, No.154)

19550130u109v

 

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.

19550130u109.1s

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, a county may proceed for the recovery and collection of any tax or municipal claim owed to the county against any owner or owners of the property owing the tax or municipal claim to the county by a civil action or other appropriate remedy. To each judgment obtained for the taxes or municipal claim, there shall be added a penalty of ten per centum, 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 a county to collect unpaid taxes or municipal claims owed to the county under the provisions of this section shall not be affected by the fact that the 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 owed to the county shall be commenced within twenty years of the following:

(1)  The date a tax is due.

(2)  The date of completion of an improvement from which the claim arises.

(3)  The date that the property owner first became liable for payment of any claim other than that for taxes or improvements.

(d)  The remedy granted under this section shall be applied retroactively.

(109.1 added Oct. 24, 2018, P.L.931, No.154)

19550130u110s

Section 110.  Publication of Legal Notices.--(a)  Whenever, under the provisions of this act, advertisement, notice or publication is required to be published in one newspaper, the publication shall be made in a newspaper of general circulation as defined in 45 Pa.C.S. § 101 (relating to definitions), printed in the county, unless the matter in connection with which the advertising is being done affects only a political subdivision, in which case the advertisement shall be published in a newspaper printed in the political subdivision, if there is such a newspaper and, if not, then in a newspaper circulating generally in the political subdivision. If notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation, printed, if there is such a newspaper, or circulating generally in the county, as provided above.

(b)  When the 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, the 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 the publication is 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.

(110 amended Oct. 24, 2018, P.L.931, No.154)

19550130u201h

 

ARTICLE II

NAMES AND CORPORATE POWERS

CLASSIFICATION OF COUNTIES

 

(a)  Division of the State into Counties;

Corporate Powers

 

19550130u201s

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.

19550130u202s

Section 202.  General Powers.--Each 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 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. The official acts of the commissioners shall be authenticated with the seal. The commissioners may prescribe the form of the seal.

(6)  To make appropriations for any purpose authorized by this or any other act of the General Assembly.

(202 amended Oct. 24, 2018, P.L.931, No.154)

19550130u203s

Section 203.  Vesting of Corporate Power.--The corporate power of each county shall be vested in a board of county commissioners.

19550130u210h

(b)  Classification

 

19550130u210s

Section 210.  Counties Divided Into Nine Classes.--For the purposes of legislation and the regulation of their affairs, counties of this Commonwealth, now in existence and those hereafter created, shall be divided into nine classes as follows:

(1)  First Class Counties, those having a population of 1,500,000 inhabitants and over.

(2)  Second Class Counties, those having a population of 1,000,000 and more but less than 1,500,000 inhabitants.

(2.1)  Second Class A Counties, those having a population of 500,000 and more but less than 1,000,000 inhabitants.

(3)  (i)  Third Class Counties, those having a population of 210,000 and more but less than 500,000 inhabitants.

(ii)  After the results of any Federal Decennial Census are published, any county of the third class having a population of 500,000 inhabitants and over may elect not to become a county of the second class A by enacting an ordinance or adopting a resolution of the commissioners not later than February 15 of the year following the year in which the figures from the Federal Decennial Census are certified by the United States Department of Commerce and available.

(4)  Fourth Class Counties, those having a population of 145,000 and more but less than 210,000 inhabitants.

(5)  Fifth Class Counties, those having a population of 90,000 and more but less than 145,000 inhabitants.

(6)  Sixth Class Counties, those having a population of 45,000 and more but less than 90,000 inhabitants and those having a population of 35,000 and more but less than 45,000 inhabitants which by ordinance or resolution of the commissioners elect to be a county of the sixth class.

(7)  Seventh Class Counties, those having a population of 20,000 or more but less than 45,000 inhabitants and those having a population of 35,000 and more but less than 45,000 inhabitants which have not elected to be a county of the sixth class.

(8)  Eighth Class Counties, those having a population of less than 20,000 inhabitants.

(210 amended Oct. 24, 2018, P.L.931, No.154)

19550130u210v

 

Compiler's Note:  Section 7 of Act 107 of 2001, which amended section 210, provided that any county whose classification upon the effective date of section 7 would be advanced from its classification during the preceding decade as a result of the amendment of section 210 shall retain the classification of the county existing during the preceding decade unless the Board of County Commissioners of the county elects by ordinance or resolution to advance its classification. Section 8 of Act 107 provided that prior to January 1, 2002, the Governor shall notify, in accordance with section 211(b), the board of county commissioners of the amendment of section 210 and of the effect of that amendment.

19550130u211s

Section 211.  Ascertainment, Certification and Effect of Change of Class.--(a)  The classification of counties shall be ascertained and fixed according to their population by reference from time to time to the decennial United States census as provided in this section, less the number of persons residing on any lands that have been ceded to the United States.

(b)  Whenever it shall appear by any decennial census that a county has attained a population entitling it to an advance in classification, or whenever it shall appear by the last two preceding censuses that a county has decreased in population so as to recede in classification, as provided in this section, it shall be the duty of the Governor, under the great seal of this Commonwealth, to certify that fact accordingly, to the commissioners on or before the first day of October of the year succeeding the year in which the census was taken, which certificate shall be forwarded by the commissioners to the recorder of deeds and be recorded in the recorder's office.

It is the intent of this section that the classification of any county shall not be changed because its population has decreased at the time of one United States decennial census, because it is recognized that a change in the form of local government is attended by certain expense and hardship, and the change should not be occasioned by a temporary fluctuation in population, but rather only after it is demonstrated by two censuses that the population of a county has remained below the minimum figure of its class for at least a decade.

(c)  Changes of class ascertained and certified shall become effective on the first day of January next following the year in which the change was certified by the Governor to the county commissioners but the salaries of county officers shall not be increased or decreased during the term for which they shall have been elected. In the municipal election following the certification of change of class and preceding the effective date of the change, the proper number of persons shall be elected to fill any elective office which will exist in the county by the change of classification certified. No election shall be held for any office which will be abolished as a result of a change of classification.

(211 amended Oct. 24, 2018, P.L.931, No.154)

19550130u211v

 

Compiler's Note:  Section 8 of Act 107 of 2001, which amended section 210, provided that prior to January 1, 2002, the Governor shall notify, in accordance with section 211(b), the board of county commissioners of the amendment and of the effect of that amendment.

19550130u301h

 

ARTICLE III

FIXING AND RELOCATING LINES AND BOUNDARIES

 

19550130u301s

Section 301.  Petition to Commonwealth Court.--(a)  The boundary line between any two or more adjoining counties may be determined, surveyed, established or marked in the manner provided by this article.

(b)  Such a proceeding shall be instituted on petition of any taxpayer, the commissioners or the governing body of any political subdivision of any of the counties involved.

(301 amended Oct. 24, 2018, P.L.931, No.154)

19550130u301v

 

Compiler's Note:  Section 3 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.

19550130u302s

Section 302.  Commonwealth 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 any of the counties involved to act in the proceeding. The designated court shall sit in its home county.

(b)  If it appears to the designated court that the county line, or any part thereof, shall be surveyed or marked, it shall appoint a boundary commission, composed of three surveyors or professional engineers licensed or registered in accordance with the act of May 23, 1945 (P.L.913, No.367), known as the "Engineer, Land Surveyor and Geologist Registration Law," to act for the court as hereinafter provided.

(302 amended Oct. 24, 2018, P.L.931, No.154)

19550130u302v

 

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 shall be conducted by the board of commissioners.

Compiler's Note:  Section 3 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.

19550130u303s

Section 303.  Compensation, Assistants and Expenses.--(a)  The surveyors or professional engineers composing the boundary commission shall each receive such compensation as the court shall fix for the time necessarily spent in the discharge of their duties and shall also be reimbursed the necessary expenses incurred by them respectively while engaged upon the work of the commission.

(b)  The boundary commission may employ such assistants as the court shall allow, at a compensation to be fixed by the court. Assistants shall also be reimbursed for actual necessary expenses incurred while employed by the commission.

(c)  All costs, including the necessary expenses of advertising the meeting of the boundary commissioners as hereinafter provided, and in procuring and setting the permanent monuments necessary to mark the county line, the expenses of the boundary commission and its assistants and all other expenses necessarily incurred, shall be paid by the interested counties jointly, in equal parts, or by any party or parties to the proceeding as the court may direct, upon presentation of properly itemized bills, duly verified by affidavit of the person claiming payment or someone on the person's behalf.

(303 amended Oct. 24, 2018, P.L.931, No.154)

19550130u304s

Section 304.  Oath; Organization and Duties.--(a)  The members of the boundary commission shall take and subscribe the oath as provided in 53 Pa.C.S. § 1141 (relating to form of oaths of office) prior to assuming duties with the commission.

(b)  The boundary 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. The commission shall advertise in not more than two newspapers published in each of the counties concerned, a time and place of meeting, when and where parties interested shall be heard. After the hearing, it shall, without unreasonable delay, ascertain the location, and survey and mark with permanent monuments the existing county line between such counties.

(304 amended Oct. 24, 2018, P.L.931, No.154)

19550130u304v

 

Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

19550130u305s

Section 305.  Authority to Fix Undetermined County Line.--(a)  When the boundary commission cannot determine, ascertain or locate the existing county line, it shall so report to the court of common pleas, with a recommendation that a new county line be established in whole or in part.

(b)  If the court shall be of opinion that it is necessary that a new county line be established, it shall direct the boundary commission to fix and determine a new county line, to mark the same with permanent monuments and to prepare the report as provided in section 306.

(c)  ((c) deleted by amendment)

(305 amended Oct. 24, 2018, P.L.931, No.154)

19550130u306s

Section 306.  Report of Boundary Commission; Approval by Court; Certification of Line.--(a)  The boundary commission shall prepare a written report containing 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 shall instead show the courses and distances of 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 a majority of the members of the commission, shall be filed in the court of common pleas having been given jurisdiction, and if approved by such court, shall be ordered recorded in the records thereof.

(b.1)  Written notice shall be given by the boundary commission to the counties interested, and to the owners of all lands which will be affected by the proposed change, of the time when the report containing the recommendation of the boundary commission will be considered by the court.

(b.2)  A copy of the report and approval shall be certified by the prothonotary to the prothonotary of each county affected, where it shall be recorded in the records. The line so ascertained, surveyed and fixed and so marked shall, as of the date of the certification, be the boundary line between the counties.

(c)  The prothonotary, having determined the matter, shall certify the approval of the court on two copies of the report and map filed in the prothonotary's office and, within thirty days, transmit a copy by mail to the Secretary of Community and Economic Development, the Department of Transportation and the Department of Conservation and Natural Resources.

(306 amended Oct. 24, 2018, P.L.931, No.154)

19550130u401h

 

ARTICLE IV

COUNTY OFFICERS

 

(a)  General Provisions

 

19550130u401s

Section 401.  Enumeration of Elected Officers.--(a)  In each county, there shall be the following officers elected by the qualified electors of the county:

(1)  Three county commissioners.

(2)  Three auditors or, in counties of the second class A and in all counties where the office of auditor has heretofore been or shall hereafter be abolished, one controller.

(3)  One treasurer.

(4)  One coroner.

(5)  One recorder of deeds.

(6)  One prothonotary.

(7)  One clerk of the court of common pleas.

(8)  Except in counties of the second class A, one clerk of the orphans' court.

(9)  One register of wills, who, in counties of the second class A, shall serve as clerk of the orphan's court.

(10)  One sheriff.

(11)  One district attorney.

(12)  Two jury commissioners, except in counties where the office of jury commissioner has been abolished.

(b)  Except as provided in subsection (b.1), 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 officer so elected, excepting a county commissioner or auditor, shall fail to qualify, or if no successor shall be elected, then the chief deputy, first assistant, first deputy or principal deputy in office at the time the vacancy occurred shall assume the office until a successor has been appointed pursuant to section 409 or until the first Monday in January following the next municipal election, whichever period is shorter. In the case of a county commissioner or auditor, there shall be a vacancy which shall be filled as provided in this act.

(b.1)  In the event that any officer in a county of the second class A, other than a county commissioner, shall fail to qualify, or if no successor is elected, the officer then in office shall continue in office only until the first Monday in January following the next municipal election, at which time a successor shall be elected for a term of four years.

(c)  All the county officers enumerated in this section shall remain as now constituted. This section does not create any office in any county where such office does not now exist.

(d)  The office of jury commissioner may be abolished by referendum at the option of each county which on the effective date of this subsection is a county of the third class having a population under the 1990 Federal decennial census in excess of 237,000 residents, but less than 240,000 residents, or a population under the 1990 Federal decennial census in excess of 337,000 residents, but less than 341,000 residents, whenever electors equal to at least five per centum of the highest vote cast for any office in the county at the last preceding general election shall file a petition with the county board of elections, or the governing body of the county adopts, by a majority vote, a resolution to place such a question on the ballot and a copy of the resolution is filed with the county board of elections for a referendum on the question of abolishing the office of jury commissioner. Proceedings under this subsection shall be in accordance with the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." Upon approval of the referendum the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office. The referendum shall not take place in any year in which the office of jury commissioners is on the ballot.

(e)  The office of jury commissioner may be abolished in a county of the third class having a population during the 2000 decennial census of not less than 371,000 and not more than 380,000 if the governing body of the county adopts, by a majority vote, a resolution abolishing the office of jury commissioner. Upon approval of the resolution, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office.

(f)  After review of the procedures in effect within the county to ensure that lists of potential jurors are a representative cross section of the community, the governing body of a county of the second class A or third through eighth class may adopt, by a majority vote, a resolution abolishing the office of jury commissioner. Upon approval of the resolution, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office.

(401 amended Oct. 24, 2018, P.L.931, No.154)

19550130u401v

 

Compiler's Note:  Section 401(f) was declared unconstitutional on March 14, 2013, by the Supreme Court of Pennsylvania in Pennsylvania State Association of Jury Commissioners v. Commonwealth, 64 A.3d 611 (Pa. 2013).

Compiler's Note:  Section 2 of Act 41 of 2002, which amended section 401, provided that Act 41 shall apply to jury commissioners holding office on or after the effective date of Act 41.

Compiler's Note:  Section 5 of Act 79 of 1998, which added section 401(d), provided that, if the conditions placed on "county" in section 401(d) are found to be an unconstitutional classification, then section 401(d) is nonseverable and void.

19550130u402s

Section 402.  Incompatible Offices.--(a)  No elected county officer or, in counties of the third through eighth class, county solicitor, if the county solicitor is an individual, shall, at the same time, serve as a member of the legislative body of any municipal corporation nor as school director of any school district, nor as a member of any board of health.

(a.1)  Except as otherwise authorized by law, no elected county officer or county solicitor, if the county solicitor is an individual, of a county of the third through eighth class shall, at the same time, serve as treasurer or tax collector of any municipal corporation.

(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. This section shall not apply to members of the National Guard or other reserve component of the armed forces not called into active duty.

(402 amended Oct. 24, 2018, P.L.931, No.154)

19550130u403s

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 oath as provided in 53 Pa.C.S. § 1141 (relating to form of oaths of office).

(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.

(403 amended Oct. 24, 2018, P.L.931, No.154)

19550130u403v

 

Compiler's Note:  Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

19550130u403.1s

Section 403.1.  Compensation When Salary Not Fixed by Law.--(403.1 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u404s

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. No officer shall execute any of the duties of office until the commission has been delivered.

(404 amended Oct. 24, 2018, P.L.931, No.154)

19550130u405s

Section 405.  Location of Offices, Records and Papers.--(a)  The commissioners, auditors, controller, treasurer, sheriff, recorder of deeds, prothonotary, clerk of courts, clerk of orphans' court, register of wills and district attorney shall keep their respective offices, and all public records and papers of those offices, at the county seat, and in such buildings as may be erected or appropriated for such purpose.

(a.1)  The 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 any electronic means or facility which will permit the retrieval of the records or exact copies thereof within five business days.

County records used on a regular or frequent basis shall remain in the county seat.

(a.2)  The commissioners of counties of the second class A shall have the power to impose a fee on recorded instruments required to be kept permanently that are filed with the county, and, 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.

(b)  The commissioners shall, after consultation with the officer, furnish each officer with an office and additional space in the county building, court house or other building at the county seat sufficient to perform the duties of the office.

(c)  Any officer failing or refusing to maintain the office and to keep all public records and papers of the office 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 the officer 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 ($500), to be paid to the use of the county.

(405 amended Oct. 24, 2018, P.L.931, No.154)

19550130u406s

Section 406.  Records Open to Inspection.--Except as otherwise provided by this act, records of county offices shall be open for inspection subject to the rules and regulations provided in the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(a)  ((a) deleted by amendment)

(b)  ((b) deleted by amendment)

(406 amended Oct. 24, 2018, P.L.931, No.154)

19550130u407s

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 the office, and not otherwise provided for by Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code," belonging to the office from the person or persons who held the office immediately before the officer's 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 an office after reasonable demand has been made, 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 the person's 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 ($500), to be paid to the use of the county.

(407 amended Oct. 24, 2018, P.L.931, No.154)

19550130u408s

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 the deputy's principal, perform all duties of such principal, and also, in case of a vacancy or as provided in section 401(b), until a successor is qualified. While fulfilling these duties, in the case of a vacancy, in counties of the third through eighth classes, the deputy shall receive the salary provided by law for the principal or the salary provided for the deputy, whichever is greater.

(b)  No person temporarily succeeding to any county office by reason of the death, resignation or removal of the duly elected or appointed officer, shall execute any of the duties of such office until that person has first taken oath and filed the bond required of the principal officer.

(408 amended Oct. 24, 2018, P.L.931, No.154)

19550130u409s

Section 409.  Vacancies Not Otherwise Provided For.--(a)  Except as otherwise provided in subsection (b), 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 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 to hold and discharge the duties of 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, or for the balance of the unexpired term, whichever period is shorter. If there is a municipal election occurring not less than ninety days after the occurrence of the vacancy, other than the one at which the office ordinarily is filled, then the office shall be filled at that election for the balance of the unexpired term. Such appointee shall be confirmed by the Senate if in session.

(b)  In counties of the second class A, the appointed person shall continue in office and discharge the duties of the office for the balance of the unexpired term.

(c)  The Governor shall discharge the duties set forth in this section in accordance with section 207.1(d)(5.1) of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929."

(409 amended Oct. 24, 2018, P.L.931, No.154)

19550130u409v

 

Compiler's Note:  Section 4 of Act 231 of 2002 provided that section 409 is repealed insofar as it relates to the consent required by the Senate to appointments by the Governor. Act 231 also added section 207.1(d)(5.1) to the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, relating to the Governor's filling vacancies in certain elected offices, including elected county row offices, with the advice and consent of a majority of the Senate, and requiring that the person appointed be of the same political party as was the person who vacated the office on the date that the person vacating the office took the oath of office.

19550130u410s

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 to the head of any department of the State government information and copies of records or documents contained in their respective offices, as in the opinion of the head of department may be necessary or pertinent to the work of the 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 and Economic Development such information as may be requested by it.

(410 amended Oct. 24, 2018, P.L.931, No.154)

19550130u410v

 

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.

19550130u411s

Section 411.  Penalty for Neglect or Refusal to Perform Duties.--If any county officer neglects or refuses to perform any duty imposed on the officer by the provisions of this or any other act, or by any rule of court, the officer shall, for each 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).

(411 amended Oct. 24, 2018, P.L.931, No.154)

19550130u412s

Section 412.  Absconding Officers.--(412 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u413s

Section 413.  Qualifications of Elected County Officers.--(a)  No person shall be elected to any county office, except the office of district attorney otherwise provided for by this act, unless the person 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 election.

(b)  In addition to the qualifications in subsection (a), a person shall not be eligible for the office of sheriff except in accordance with the act of February 9, 1984 (P.L.3, No.2), known as the "Sheriff and Deputy Sheriff Education and Training Act."

(413 amended Oct. 24, 2018, P.L.931, No.154)

19550130u413v

 

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.

19550130u414s

Section 414.  Mileage of County Officials and Employes.--All county officials and employes may, when authorized by the county commissioners, be reimbursed in accordance with the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law.

(414 amended Oct. 24, 2018, P.L.931, No.154)

19550130u415s

Section 415.  Required Security.--The county shall obtain required security for county officers and employees in accordance with 16 Pa.C.S. Ch. 11 Subch. B (relating to required fiscal security for officers and employees).

(415 added Oct. 24, 2018, P.L.931, No.154)

19550130u416s

Section 416.  Solicitors to County Officers Other Than Commissioners.--(a)  Each of the following officers may designate and appoint a solicitor licensed to practice law in this Commonwealth who may be one person or a law firm, partnership, association or professional corporation:

(1)  The county treasurer.

(2)  The sheriff.

(3)  The register of wills.

(4)  The recorder of deeds.

(5)  The coroner.

(6)  The controller or auditors, as the case may be.

(b)  The solicitor shall advise upon all legal matters, and conduct any litigation, as requested by the officer.

(c)  The solicitor shall hold office at the pleasure of the officer.

(d)  The commissioners may appropriate money for the payment of any solicitor appointed pursuant to this section.

(e)  The appointment, compensation, powers and duties of solicitors appointed by prothonotaries, clerks of court and clerks of orphans' court shall be in accordance with 42 Pa.C.S. (relating to judiciary and judicial procedure).

(416 added Oct. 24, 2018, P.L.931, No.154)

19550130u420h

(b)  Official Bonds

 

Compiler's Note:  The provisions of 16 Pa.C.S. Ch. 11 Subch. B (relating to required fiscal security for officers and employees) provide for obtaining financial security for county elected and appointed officials and employees acting in a fiduciary capacity on behalf of the county and, in some case, the Commonwealth.

 

19550130u420s

Section 420.  Official Bonds; Requirements.--(420 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u421s

Section 421.  General Conditions; Commissioners; Treasurer.--(421 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u422s

Section 422.  Obligees Suits on Bonds.--(422 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u423s

Section 423.  Approval, Substitution or Addition of Surety.--(423 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u424s

Section 424.  Single Bond for Combined Offices.--(424 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u425s

Section 425.  Custodians of Official Bonds.--(425 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u426s

Section 426.  Acknowledgment, Evidence.--(426 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u427s

Section 427.  Amounts of Official Bonds; Exclusive Provisions.--(427 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u428s

Section 428.  Premiums of Official Bonds.--(428 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u429s

Section 429.  Bonds of Deputies and Other Appointees of County Officers.--(429 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u430s

Section 430.  Determination of Bonds of Deputies and Other Appointees.--(430 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u431s

Section 431.  Insurance to Protect Against Robbery, Burglary and Larceny; Liability Insurance.--(431 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u432s

Section 432.  Bond of Register of Wills.--(432 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u433s

Section 433.  Form of Bond of Sheriff.--(433 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u434s

Section 434.  Amount of Bond of Sheriff and of Coroner.--(434 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u435s

Section 435.  Amount of Bond of County Commissioner.--(435 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u436s

Section 436.  Amount of Bond of Recorder of Deeds.--(436 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u437s

Section 437.  Amount of Bond of Controller.--(437 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u440h

(c)  State Associations

 

19550130u440s

Section 440.  State Associations Authorized.--County officers of each county may organize for themselves 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 and clerks of orphans' courts.

(7)  The prothonotaries and clerks of courts.

(8)  The county treasurers.

(9)  The recorders of deeds.

(10)  The directors of veterans' affairs.

(11)  The coroners.

(12)  Jury commissioners.

(13)  The county auditors.

(14)  The public defenders.

(440 amended Oct. 24, 2018, P.L.931, No.154)

19550130u441s

Section 441.  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)  The association of county controllers, county auditors 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. ((c) amended Sep. 1, 1967, P.L.289, No.120)

19550130u442s

Section 442.  Deputies and Solicitors May Attend Annual Meetings.--With the approval of their principals, the first and, where appointed, second deputy and the solicitor of the following officers may attend the annual meeting of their respective association with or in the place of their principals:

(1)  The controller.

(2)  The sheriff.

(3)  The register of wills.

(4)  The clerk of orphans' court.

(5)  The treasurer.

(6)  The prothonotary.

(7)  The clerk of the courts.

(8)  The recorder of deeds.

(9)  The district attorney.

(10)  The public defender.

(11)  The coroner.

(442 amended Oct. 24, 2018, P.L.931, No.154)

19550130u443s

Section 443.  County Payment for Expenses of Attending Members ; 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 county out of the general county fund. Each of the officers, except the county commissioners, shall be reimbursed for actual expenses not to exceed two hundred twenty dollars ($220) 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 two hundred twenty dollars ($220) 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.1)  The actual expenses of all authorized nonelected county officers and employes attending the annual meetings of their associations may be paid by the county out of the county general fund. Each of these officers may be reimbursed for actual expenses in an amount not to exceed two hundred twenty dollars ($220) 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 two hundred twenty dollars ($220) per day shall be adjusted annually as set forth in subsection (a) of this section.

(a.2)  Every delegate attending the annual meeting shall submit to the county original receipts along with 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 two hundred twenty dollars ($220) per day for each day not in excess of two in going to and returning from such meeting. The sum of two hundred twenty dollars ($220) per day shall be adjusted annually as set forth above.

(b)  The annual meeting of the association of county commissioners, county solicitors and chief clerks shall not exceed four days, that of the district attorneys shall not exceed three 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.

(443 amended Oct. 24, 2018, P.L.931, No.154)

19550130u444s

Section 444.  Other Meeting Expenses Paid by Counties.--(a)  In addition to the expenses authorized in this subdivision, the necessary expenses of the annual meetings of the associations hereinafter named, including annual association dues, 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 county commissioners, county solicitor and county clerk, county controllers, county auditors, sheriffs, register of wills, clerks of orphans' courts, county treasurers, recorders of deeds, prothonotaries, clerks of courts, public defenders, district attorneys, jury commissioners, coroners and, in the case of second class A counties, directors of veterans' affairs, the portion of annual expenses charged to each county shall not exceed the following:

(1)  For each county of the second class A, one thousand dollars ($1,000).

(2)  For each county of the third and fourth class, seven hundred fifty dollars ($750).

(3)  For each county of the fifth and sixth class, six hundred twenty-five dollars ($625).

(4)  For each county of the seventh and eighth class, five hundred dollars ($500).

(c)  In the case of the directors of veterans' affairs for counties other than those of the second class A, the portion charged to each county shall not exceed four hundred dollars ($400), and in the case of the probation officers an annual membership subscription not exceeding twelve dollars and fifty cents ($12.50) 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.

(d)  The amounts set forth in subsections (b) and (c) shall be adjusted annually by the annual increase in the cost of living as determined annually by the United States Department of Labor.

(444 amended Oct. 24, 2018, P.L.931, No.154)

19550130u445s

Section 445.  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 conference of the said association by a majority vote of the members present and, when so approved, shall be paid by the several counties from general county funds.

(445 amended Oct. 24, 2018, P.L.931, No.154)

19550130u446s

Section 446.  Associations and Organizations Concerned with Governmental Affairs.--The commissioners of any county may join associations and organizations concerned with county or governmental affairs, other than the County Commissioners Association of Pennsylvania, may pay dues to such associations and organizations and may send delegates to meetings or conferences of such associations and organizations and pay the necessary expenses incident to their attendance at such meetings or conferences.

The county commissioners of any county may authorize any county official and employes of the official to attend meetings of professional associations and organizations, or study or training sessions for persons holding the same or similar office or employment, and may pay all or any specified portion of the necessary expenses incident to their attendance at such meetings or sessions.

Every person attending any conference, meeting or study or training session referred to in this act shall submit to the controller, or to the county commissioners in counties having no controller, an itemized account of expenses related to the event, including traveling expenses or mileage, which the county commissioners may have agreed to pay.

(446 amended Oct. 24, 2018, P.L.931, No.154)

19550130u450h

(d)  Removal of County Officers

 

19550130u450s

Section 450.  Removal of County Officers and Appointees.--(a)  The county commissioners, the sheriffs, coroners, prothonotaries, registers of wills, recorders of deeds, treasurers, auditors or controllers, clerks of the courts, district attorneys and any other officers of the several counties, 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. 26, 1968, P.L.1099, No.341)

(b)  Appointees to county offices or positions other than to elected offices shall 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.

19550130u460h

(e)  Conduct of Official Business

 

19550130u460s

Section 460.  Meetings Open to Public.--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 a county, are hereby declared to be public meetings subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(a)  ((a) deleted by amendment)

(b)  ((b) deleted by amendment)

(460 amended Oct. 24, 2018, P.L.931, No.154)

19550130u501h

 

ARTICLE V

COUNTY COMMISSIONERS AND CHIEF CLERKS

 

(a)  Commissioners

 

19550130u501s

Section 501.  Election; Vacancies.--(a)  Three county commissioners shall be elected in each 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 casual 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 in which such vacancy shall occur by the appointment of a registered elector of the county who was a member of the same political party as the commissioner whose place is to be filled at the time the commissioner was elected.

19550130u502s

Section 502.  Organization.--The 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. If the first Monday is a legal holiday, the meeting shall be held the first day following.

(502 amended Oct. 24, 2018, P.L.931, No.154)

19550130u503s

Section 503.  Meetings, Regular and Special; Conduct of Meetings; Notices.--(a)  The commissioners shall adopt rules for the conduct and order of business and establish regular times and places of meeting. A copy of the rules shall be posted at all times in a conspicuous place in the county court house for the benefit of the public.

(b)  Each commissioner shall have at least twenty hours notice of any special meeting and of the nature of business to be conducted at the meeting, unless the notice is waived by the commissioner in writing or by attendance at the special meeting.

(503 amended Oct. 24, 2018, P.L.931, No.154)

19550130u504s

Section 504.  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 after notice, 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 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.

(504 amended Oct. 24, 2018, P.L.931, No.154)

19550130u505s

Section 505.  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.

19550130u506s

Section 506.  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.

19550130u507s

Section 507.  Expenses.--The 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.

(507 amended Oct. 24, 2018, P.L.931, No.154)

19550130u508s

Section 508.  Office Furniture, Stationery, Etc.--(a)  The commissioners, at the cost of the county, shall purchase and provide the office furniture, equipment and supplies, blank books, blank dockets, books for records, stationery, postage, utilities, cleaning and maintenance 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 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.

(c)  Before purchasing office furniture, equipment or supplies, blank books, blank dockets, books for records or stationery, the county officers who are to be furnished with any of the items shall have an opportunity to state in writing preferences as to the type and make of the items. The commissioners shall, when feasible, purchase and supply to each officer the preferred item when such preference has been given.

(508 amended Oct. 24, 2018, P.L.931, No.154)

19550130u509s

Section 509.  Ordinances and Resolutions.--(a)  The 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. The commissioners may formulate and adopt ordinances, resolutions, and 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.

(b)  All 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 days nor less than seven days prior to passage. Public notices of any proposed ordinance shall include either the full text or the title and a brief summary of the proposed ordinance 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 which the public notice is published. If the full text is not included, an attested copy thereof shall be filed in the county law library within thirty days after enactment. The date of such filing shall not affect the validity of the process of the enactment or adoption of the ordinance; and a failure to record within the time provided shall not be deemed a defect in the process of the enactment or adoption of the ordinance. In the event substantial amendments are made in the proposed ordinance or resolution, the commissioners shall, at least ten days prior to enactment, 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. 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)  The commissioners may also prescribe fines and penalties not exceeding one thousand dollars ($1,000) for a violation of a building, housing, property maintenance, health, fire or public safety code or ordinance and for water, air and noise pollution violations, and not exceeding six hundred dollars ($600) for a violation of any other county ordinance, 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.

(d)  Any person violating any of the ordinances adopted by the 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 by the commissioners but not in excess of one thousand dollars ($1,000), to be paid to the use of the county, with costs of prosecution, or to be imprisoned for not more than ten days, or both.

(509 amended Oct. 24, 2018, P.L.931, No.154)

19550130u510s

Section 510.  Take Money and Property by Gift, Etc.--(510 repealed June 29, 2002, P.L.677, No.103)

19550130u511s

Section 511.  Provide for Temporary Investments.--(511 repealed Dec. 13, 1982, P.L.1131, No.258)

19550130u512s

Section 512.  Creation of Capital Reserve Fund for Anticipated Capital Expenditures.--(512 repealed June 29, 2002, P.L.677, No.103)

19550130u513s

Section 513.  Operating Reserve Fund.--(513 repealed June 29, 2002, P.L.677, No.103)

19550130u520h

(b)  Chief Clerk of County Commissioners

 

19550130u520s

Section 520.  Chief Clerk.--The county commissioners shall appoint a chief clerk.

19550130u521s

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 voucher checks issued by them and perform all other duties pertaining to the office of chief clerk.

(b)  The chief clerk shall have general power to administer oaths and affirmations pertaining to the business of the office of the county commissioners.

(521 amended Oct. 24, 2018, P.L.931, No.154)

19550130u601h

 

ARTICLE VI

CONTROLLER

 

19550130u601s

Section 601.  Election and Term; Seal.--(a)  At the municipal election immediately preceding the expiration of the term of the controller in office on January 1, 1956, and quadrennially thereafter, the qualified electors of each county of the third, fourth and fifth classes, and of every other county where the office of controller has been or may hereafter be established, including counties in which the office was established by general law, or otherwise, while such counties were in a higher classification, 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 the controller's election, or until a successor shall be qualified.

(a.1)  In counties of the second class A, a controller shall be elected at the municipal election immediately preceding the expiration of the term of the controller in office on the effective date of this subsection and quadrennially thereafter.

(b)  Each county controller shall be provided with an official seal of the office by the county commissioners of the county, which shall be used for the attestation of all official papers.

(601 amended Oct. 24, 2018, P.L.931, No.154)

19550130u602s

Section 602.  Eligibility.--(a)  No person holding office under the United States shall be eligible to the office of county controller during 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 reelection or appointment.

(602 amended Oct. 24, 2018, P.L.931, No.154)

19550130u603s

Section 603.  Deputy Controller and Clerks.--(a)  The controller in counties of the second class A, third, fourth and fifth classes shall appoint a deputy controller and clerks, and in counties of the sixth, seventh and eighth classes may appoint a deputy controller and clerks, and each controller may authorize one or more of the clerks employed in the controller's 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.

(b)  The controller may appoint a second deputy controller, who shall possess and discharge all the rights, powers and duties of the principal deputy controller during the principal deputy controller's and the controller's temporary absence.

(603 amended Oct. 24, 2018, P.L.931, No.154)

19550130u604s

Section 604.  Solicitor to the Controller.--(604 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u605s

Section 605.  Establishment of Office of Controller in Counties of the Sixth, Seventh and Eighth Classes.--(a)  The office of controller may be established in any county of the sixth, seventh or eighth class by the affirmative vote of a majority of the electors of the county voting on the question submitted, as herein provided, at the general election in which the auditors are in the third year of their term.

(b)  The question shall be submitted to the electors of the county whenever county electors file a petition containing signatures equal to at least five per centum of the highest vote cast for any office in the county at the last preceding general election. The petition shall be filed with the county commissioners at least sixty days before the day of the general election at which the question is to be submitted. If the petition is sufficiently signed the county commissioners shall cause the question to be submitted in the manner provided by the Pennsylvania Election Code.

(c)  If the majority of electors voting on the question shall vote in favor of establishing the office of county controller, the office shall thereby be established, and, at the next municipal election, and quadrennially thereafter, the electors of the county shall choose a citizen of the county for the office of controller in place of the county auditors.

(605 amended Oct. 24, 2018, P.L.931, No.154)

19550130u606s

Section 606.  Appointment by Governor; Duties of Auditors; Abolition of Office of Auditor.--(a)  Whenever the office of controller is established in any county, under the provisions of section 605 of this act, or by a change in class of such county not otherwise provided for by law, the Governor shall appoint a suitable person to act as controller of said county until a successor in office is duly elected and installed.

(b)  Upon the appointment of a controller, as provided in this section, the county auditors then in office shall proceed to audit all accounts as required by law, and shall file a report of such audit with the controller so appointed, not later than three months after the controller assumes office, whereupon the office of county auditor shall be abolished and cease to exist in said county.

(606 amended Oct. 24, 2018, P.L.931, No.154)

19550130u607s

Section 607.  Expenses.--The county controller and the county controller's deputy, clerks, and auditors 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.

(607 amended Oct. 24, 2018, P.L.931, No.154)

19550130u701h

 

ARTICLE VII

AUDITORS

 

19550130u701s

Section 701.  Election and Vacancies.--(a)  In each county where the office of controller has not been established, three county auditors shall be elected in the year one thousand nine hundred fifty-five, and every fourth year thereafter. In the election of auditors, 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 casual vacancy in the office of county auditors shall be filled, for the balance of the unexpired term, by the court of common pleas of the county, sitting en banc, appointing a successor who shall be a registered elector of the county and shall be a member of the same political party as was the auditor whose place is to be filled at the time the auditor assumed office.

(701 amended Oct. 24, 2018, P.L.931, No.154)

19550130u702s

Section 702.  Eligibility.--(a)  No person shall be eligible to the office of county auditor who, within two years, shall have been treasurer of the county.

(b)  No person holding the office of county auditor shall at the same time hold any office or employment for the county or for any municipal authority of which the county is a member. A county auditor may not be employed in an administrative position by any school district or any organization or entity that may be audited by the board of auditors. A county auditor may not hold an elected or appointed office or serve as a manager for any municipal corporation in the county.

(702 amended Oct. 24, 2018, P.L.931, No.154)

19550130u703s

Section 703.  Meetings; Quorum.--(a)  The auditors shall meet at the county seat on the first Monday of January in each year for the purpose of organizing and to begin their audit of the fiscal affairs of the county for the fiscal year immediately preceding.  If the first Monday in January is a legal holiday, the meeting shall be held the first day following.

(b)  The auditors shall meet as necessary for the completion of their audit by the first day of the following July. The auditors may petition the court of common pleas for additional time for the completion of the audit and the filing of the report. The court, upon a showing of due cause, shall grant such additional time as it deems necessary for completion of the audit and report.

(c)  The auditors shall receive such compensation as determined by the county commissioners in accordance with the act of November 1, 1971 (P.L.495, No.113), entitled, as amended, "An act providing for the compensation of county officers in counties of the second through eighth classes, for compensation of district attorneys in cities and counties of the first class, for compensation of district election officers in all counties, for the disposition of fees, for filing of bonds in certain cases and for duties of certain officers," provided that any daily or hourly compensation set for the auditors shall be applicable for any period of extension granted in accordance with this section.

(d)  Any two auditors when duly convened shall be a quorum for the purpose of transacting any business.

(703 amended Oct. 24, 2018, P.L.931, No.154)

19550130u704s

Section 704.  Counsel.--(704 Repealed Oct. 24, 2018, P.L.931, No.154)

19550130u801h

 

ARTICLE VIII

TREASURER

 

Compiler's Note:  The provisions of 16 Pa.C.S. Ch. 11 Subch. B (relating to required fiscal security for officers and employees) provide for obtaining financial security for county elected and appointed officials and employees acting in a fiduciary capacity on behalf of the county and, in some case, the Commonwealth.

 

19550130u801s

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.342)

19550130u802s

Section 802.  Bond in Favor of Commonwealth.--(802 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u803s

Section 803.  Removal from Office for Failure to Transmit Bond to Auditor General.--(803 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u804s

Section 804.  When Auditor General to Deliver Up Bond of Treasurer.--(804 repealed Nov. 22, 2011, P.L.431, No.106)

19550130u805s

Section 805.  Misapplication of Funds Collected for Specific Purposes.--Whenever any moneys are collected by law in any county and are in the possession or control of the treasurer of the county, it shall be unlawful for the treasurer to apply such moneys, or any part thereof, to any other purpose than that for which the moneys were collected unless otherwise authorized by law. Every such misapplication shall constitute a violation of 18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).

(805 amended Oct. 24, 2018, P.L.931, No.154)

19550130u806s

Section 806.  Deputy Treasurer.--The county treasurer is authorized to appoint a deputy county treasurer who shall perform such duties as shall be prescribed by the county treasurer.

(806 amended Oct. 24, 2018, P.L.931, No.154)

19550130u806.1s

Section 806.1.  Second Deputy Treasurer.--The county treasurer may appoint a second deputy treasurer, who shall possess and discharge all the rights, powers and duties of the principal deputy treasurer during the principal deputy treasurer's and treasurer's temporary absence.

(806.1 amended Oct. 24, 2018, P.L.931, No.154)

19550130u807s

Section 807.  Solicitor to County Treasurer in Third, Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--(807 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u901h

 

ARTICLE IX

COUNTY SOLICITOR

 

19550130u901s

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 and may be one person or a law firm, partnership, association or professional corporation. Before entering upon the duties of office, the solicitor shall 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.

(901 amended Oct. 24, 2018, P.L.931, No.154)

19550130u902s

Section 902.  Duties.--The solicitor 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 the solicitor by the commissioners.

(902 amended Oct. 24, 2018, P.L.931, No.154)

19550130u903s

Section 903.  Employes in Certain Counties.--In counties of the second class A and third class, the county solicitor may, with the consent of the county commissioners, employ clerks or assistants as may be necessary in the discharge of the solicitor's duties.

(903 amended Oct. 24, 2018, P.L.931, No.154)

19550130u904s

Section 904.  Assistant County Solicitors.--(a)  Except as provided in subsection (b), the county commissioners may appoint one or more 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 by the county commissioners or the county solicitor.

(b)  In counties of the second class A, the power to appoint assistant county solicitors and special counsel as provided in this section shall lie with the county solicitor, subject to the approval of the county commissioners.

(904 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1001h

 

ARTICLE X

ENGINEER

 

(Hdg. amended Nov. 26, 1968, P.L.1099, No.341)

 

19550130u1001s

Section 1001.  County Engineer; Appointment; Term.--The commissioners of any county may appoint a professional engineer in civil engineering or an engineering firm as the county engineer. The engineer shall serve at the pleasure of the commissioners.

(1001 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1002s

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 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 by the county commissioners or by law; and

(3)  perform all duties heretofore imposed on county surveyors.

(1002 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1002v

Compiler's Note:  The act of Nov. 26, 1968, P.L.1099, No.341 eliminated what had been section 1001 and renumbered sections 1002 and 1003 to read sections 1001 and 1002 respectively; thus, there is no section 1003.

19550130u1101h

 

ARTICLE XI

BOARD OF VIEWERS

(Art. XI repealed Apr. 28, 1978, P.L.202, No.53)

 

19550130u1101s

Section 1101.  Number of Members; Qualifications.--(1101 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1102s

Section 1102.  Qualifications.--(1102 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1103s

Section 1103.  Appointment of members; Vacancies; Rules and Regulations.--(1103 repealed Apr. 28, 1978 P.L.202, No.53)

19550130u1104s

Section 1104.  Term of Office; Removal.--(1104 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1105s

Section 1105.  Power to Administer Oaths.--(1105 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1106s

Section 1106.  Clerks and Stenographers.--(1106 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1201h

 

ARTICLE XII

SHERIFF AND CORONER

(Art. XII repealed Oct. 24, 2018, P.L.931, No.154)

 

(a)  Sheriff

 

19550130u1201s

Section 1201.  Unfinished Business of Outgoing Sheriff.--(1201 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1202s

Section 1202.  Sheriff May Act by Deputy.--(1202 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1203s

Section 1203.  Chief Deputy; Compensation.--(1203 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1204s

Section 1204.  Real Estate Deputies in Counties of the Third and Fourth Classes.--(1204 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1205s

Section 1205.  Deputies and Clerks.--(1205 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1206s

Section 1206.  Deputy Sheriff's Qualifications.--(1206 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1207s

Section 1207.  False Statements in Deputy's Affidavit.--(1207 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1208s

Section 1208.  Filed Items, Public Records.--(1208 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1209s

Section 1209.  Public List of Applicants for Deputy Sheriff.--(1209 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1210s

Section 1210.  Private Services, Gifts and Payments, Contracts, Prohibited.--(1210 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1211s

Section 1211.  Penalties.--(1211 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1212s

Section 1212.  Construction.--(1212 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1213s

Section 1213.  Solicitor in Third, Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--(1213 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1214s

Section 1214.  Chief Deputy Coroner to Act as Coroner in Case of a Vacancy.--(1214 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1215s

Section 1215.  Sheriff to Keep Docket.--(1215 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1231h

 

(b)  Coroner

((b) repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1231s

Section 1231.  Deputies.--(1231 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1232s

Section 1232.  Duties with Respect to County Morgues.--(1232 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1233s

Section 1233.  Removal of Bodies to Morgue.--(1233 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1234s

Section 1234.  Ambulance.--(1234 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1235s

Section 1235.  Unclaimed Property of Deceased; Sales.--(1235 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1236s

Section 1236.  Private Morgue May be Used.--(1236 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1236.1s

Section 1236.1.  Requests for Examinations and Reports.--(1236.1 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1237s

Section 1237.  Coroner's Investigations.--(1237 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1238s

Section 1238.  Autopsy; Inquest; Records.--(1238 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1239s

Section 1239.  Sudden Deaths Defined.--(1239 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1240s

Section 1240.  Bodies not to be Moved.--(1240 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1241s

Section 1241.  Release of Coroner's Jurisdiction.--(1241 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1242s

Section 1242.  Cooperation with District Attorney.--(1242 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1243s

Section 1243.  Justices of the Peace not Affected.--(1243 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1244s

Section 1244.  Certificate of Cause of Death.--(1244 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1245s

Section 1245.  Power of Subpoena and Attachment.--(1245 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1245.1s

Section 1245.1.  Inquests; Juries.--(1245.1 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1246s

Section 1246.  Power to Administer Oaths.--(1246 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1247s

Section 1247.  Commitment to County Prison.--(1247 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1248s

Section 1248.  Inquests Not Public.--(1248 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1249s

Section 1249.  Chief Deputy Sheriff to Act as Sheriff in Case of Vacancy.--(1249 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1250s

Section 1250.  Vacancies; No Fees upon Commissions.--(1250 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1251s

Section 1251.  Official Records of Coroner.--(1251 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1252s

Section 1252.  Solicitor to Coroner.--(1252 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1253s

Section 1253.  Anatomical Gifts.--(1253 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1260h

 

(c)  Provisions Relating to Sheriffs and Coroners

((c) repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1260s

Section 1260.  Not to Exercise Office Until Commission Granted and Recorded; Penalty.--(1260 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1261s

Section 1261.  Recognizance of Sheriffs and Coroners.--(1261 repealed Oct. 2, 1959, P.L.1005, No.417)

19550130u1262s

Section 1262.  Sale of Real Estate Bound by Lien.--(1262 repealed Oct. 2, 1959, P.L.1005, No.417)

19550130u1263s

Section 1263.  Limitation of Action; Satisfaction of Recognizance.--(1263 repealed Oct. 2, 1959, P.L.1005, No.417 and Apr. 28, 1978, P.L.202, No.53)

19550130u1201-Ah

 

ARTICLE XII-A

SHERIFF

(Art. XII-A added Oct. 24, 2018, P.L.931, No.154)

 

19550130u1201-As

Section 1201-A.  Unfinished business of outgoing sheriff.

(a)  General rule.--It shall be the duty of every outgoing sheriff to deliver all unfinished and unexecuted writs and process whatsoever to the sheriff's successor whose duty it shall be to receive and execute the same as if the writs and process had been originally issued and directed to the successor, and to carry out and complete all other official duties of the predecessor.

(b)  Successor powers and duties.--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 the sheriff in due form of law for such real estate, the sheriff's 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 as the sheriff selling such real estate under execution if the sheriff 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 necessary.--No court order shall be necessary in any event to authorize an incoming sheriff to carry out the duties as prescribed by this act.

(1201-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1202-As

Section 1202-A.  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 issued by the courts of this Commonwealth, the sheriff may act either in person or by a regularly appointed deputy sheriff.

(1202-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1203-As

Section 1203-A.  Chief deputy and petition.

(a)  Appointment.--The sheriff of each county shall appoint, by commission duly recorded in the office for recording deeds, a chief deputy whose appointment shall be revocable by the sheriff on recording in the office for recording deeds a signed revocation. The chief deputy, during continuance in office, shall have full power and authority to perform any duty incumbent upon the 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 the sheriff to act, while the sheriff continues in office. Nothing in this section shall operate to relieve such sheriff or the sheriff's sureties from liability upon their official bond.

(b)  Petition.--If during a vacancy in the office of sheriff the duties of the office cannot be discharged in accordance with section 1213-A or any other law, the ranking deputy of the office shall petition the court of common pleas to authorize a deputy to perform any duty incumbent upon the sheriff. Upon a finding that no other individual has the legal capacity to discharge the duty, the court shall authorize the deputy to perform the duty during the vacancy with like effect in law as if the official act had been done by the sheriff.

(1203-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1204-As

Section 1204-A.  Real estate deputies.

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 provided for the chief deputy. The deputy shall have full power to perform all duties incumbent upon the sheriff in like manner as the chief deputy with like effect in law as if such official acts had been done by the sheriff in person. The 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 the sheriff's sureties from liability upon their official bonds.

(1204-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1205-As

Section 1205-A.  Deputies and clerks.

The sheriff of each county may appoint deputies and clerks to positions established in accordance with section 1623 for the transaction of the business of the sheriff's office, and may revoke the appointment of deputies in the same manner as the chief deputy. In counties of the third through eighth classes, the sheriff may also appoint necessary special deputies, when any emergency arises, to assist the sheriff in executing any civil or criminal process or court order or in preserving the peace, who shall serve only so long as they are absolutely needed.

(1205-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1206-As

Section 1206-A.  Deputy sheriff's qualifications.

(a)  Requirements.--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 the person, the name and photograph of the person, together with an affidavit of the person setting forth the following:

(1)  The person's full name, age and residence address.

(2)  That the person is a citizen of the United States and 18 years of age or older.

(3)  That the person 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.

(4)  That the person has not, for a period of two years immediately preceding the filing of the affidavit, acted either individually or as the agent or employee of another, in any labor dispute, or provided any service as a private detective, private police officer or private guard in any labor dispute, or received any fee or compensation whatsoever for acting as a private detective, private police officer or private guard in any labor dispute, or conducted the business of a private detective agency, or of any agency supplying private detectives, private police officers or private guards, or advertised or solicited any such business in this Commonwealth in connection with any labor dispute.

(b)  Limitation.--A person shall not be appointed or receive compensation as chief deputy or any other deputy except in accordance with the act of February 9, 1984 (P.L.3, No.2), known as the Sheriff and Deputy Sheriff Education and Training Act.

(1206-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1207-As

Section 1207-A.  False statements in deputy's affidavit.

Any false statement contained in any affidavit shall constitute and shall be punishable as perjury.

(1207-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1208-As

Section 1208-A.  Filed items and public records.

The name, photograph and affidavit of any such person so filed with the prothonotary shall constitute a public record.

(1208-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1209-As

Section 1209-A.  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 for the position. The list shall be posted in a public place for a period of not less than 10 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.

(1209-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1210-As

Section 1210-A.  Private services, gifts and payments prohibited.

(a)  General rule.--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 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 proper county, or other 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)  Firearms and military supplies.--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)  Contract or agreement void.--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.

(d)  Outside employment.--Notwithstanding any other provision of this section, unless otherwise prohibited by resolution or ordinance of the county, an individual who is employed as a sheriff, deputy sheriff, detective or other county police officer may engage in outside employment, including employment in security, during a period in which the individual is not scheduled to perform nor performing duty as a county employee. The county is not liable for any damage resulting from an act of an individual acting under this subsection.

(1210-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1211-As

Section 1211-A.  Penalties.

A sheriff, deputy sheriff or other county police officer or any other official of the county or any person, association or corporation, who violates the provisions of sections 1206-A, 1209-A or 1210-A commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500, or to undergo imprisonment for not less than 90 days nor more than two years, or both.

(1211-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1212-As

Section 1212-A.  Construction.

Nothing contained in section 1206-A or 1210-A shall be construed to prohibit:

(1)  The appointment, employment or compensation by any county in the manner expressly provided by law of:

(i)  Night watchmen.

(ii)  Railroad police.

(iii)  Bank police.

(iv)  Payroll police.

(v)  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.

(vi)  Fire police whose only duty shall be to direct traffic and maintain order to, at or from fires.

(vii)  Police or guards employed by nonprofit corporations or organizations.

(2)  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.

(1212-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1213-As

Section 1213-A.  Chief deputy sheriff to act as sheriff in case of vacancy.

If a sheriff is legally removed from office or dies or resigns before the expiration of the term for which the sheriff was commissioned, the chief deputy sheriff shall execute the office of sheriff and perform all things thereunto appertaining and receive and retain the compensation provided by law for sheriffs until another sheriff is commissioned and notice thereof is given to the chief deputy sheriff.

(1213-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1214-As

Section 1214-A.  Sheriff to keep docket.

Every sheriff shall provide and keep in office a book or books in which the sheriff shall enter all writs that may be received and the proceedings thereon, and, at the expiration of the term of office, such book or books shall be deposited in the office of the prothonotary for the inspection of all persons interested therein.

(1214-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1215-As

Section 1215-A.  Not to exercise office until commission granted and recorded; penalty.

No person elected or appointed to the office of sheriff shall execute any of the duties of office before a commission shall have been duly granted to the sheriff by the Governor and properly recorded, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of common pleas. Such person shall nevertheless be liable to any person injured by any acts done by the sheriff under color of such office.

(1215-A added Oct. 24, 2018, P.L.931, No.154)

19550130u1201-Bh

 

ARTICLE XII-B

CORONER

(Art. added Oct. 24, 2018, P.L.931, No.154)

 

SUBARTICLE A

PRELIMINARY PROVISIONS

(Subart. added Oct. 24, 2018, P.L.931, No.154)

 

19550130u1201-Bs

Section 1201-B.  Applicability.

Except as otherwise expressly provided under this article, this article shall apply to counties of the second class, second class A and third through eighth class.

(1201-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1202-Bs

Section 1202-B.  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:

"Autopsy."  The external and internal examination of the body of a deceased person, including, but not limited to:

(1)  Gross visual inspection and dissection of the body and its internal organs.

(2)  Photographic or narrative documentation of findings, including microscopic, radiological, toxicological, chemical, magnetic resonance imaging or other laboratory analysis performed upon tissues, organs, blood, other bodily fluids, gases or other specimens.

(3)  The retention for diagnostic and documentary purposes of the following which are necessary to establish and defend against challenges to the cause and manner of death of the deceased person:

(i)  Tissues, organs, blood, other bodily fluids or gases.

(ii)  Any other specimen.

"Coroner."  An elected or appointed coroner or an elected or appointed medical examiner.

"Staff."  The term includes an individual in the coroner's office who engages in activities relating to death investigation. The term may refer to a medical investigator, forensic technician, laboratory director, forensic supervisor, forensic investigator, scientist or autopsy or histology technician.

(1202-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1211-Bs

Section 1211-B.  Deputies.

The coroner may appoint a deputy to act in the coroner's place and may appoint staff to positions established in accordance with section 1623 as the coroner determines. A deputy shall have the same powers as the coroner.

(1211-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1212-Bs

Section 1212-B.  Duties regarding county morgues.

(a)  Coroner.--The coroner of a county in which a county morgue is established shall:

(1)  Make general rules and regulations for the morgue's operation and control.

(2)  Appoint a suitable individual in charge of the morgue. An individual appointed under this paragraph may be removed at the pleasure of the coroner.

(b)  Salary board.--The salary board shall determine the number of individuals appointed under subsection (a)(2) and the individual's salaries.

(1212-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1213-Bs

Section 1213-B.  Removal of bodies to morgue.

(a)  Unidentified or unclaimed body.--When the body of a deceased person is unidentified or unclaimed by a proper person found within the county, the body shall be removed to the county morgue or, in a county of the third through eighth class, to a facility serving in lieu of the county morgue. If necessary, the coroner shall have the body properly embalmed or prepared for preservation for the length of time the coroner determines is required to determine the deceased's identity, the identity of a party responsible for the deceased and the cause and manner of death. The body may only be examined or inspected by an individual authorized by the coroner or who is admitted in the coroner's presence.

(b)  Removal from morgue.--A body may not be removed from a morgue except upon the authorization of the coroner.

(1213-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1214-Bs

Section 1214-B.  Removal of body, burial and vehicle.

(a)  Removal and burial.--The county commissioners shall, in consultation with the coroner, provide for the removal of a body of a deceased individual to and from the morgue and for the burial of an unclaimed body.

(b)  Vehicle.--The county commissioners may provide an ambulance or other vehicle for the purpose under subsection (a) and for other official duties of the coroner, including administrative, investigative or educational activities. The coroner may provide rules and regulations for the use and maintenance of the ambulance or other vehicle.

(1214-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1215-Bs

Section 1215-B.  Unclaimed property and sales.

(a)  Duty.--The coroner shall safely keep in the coroner's charge:

(1)  The personal effects and property that appear to have been on or about the person at the time of death or have been found on a decedent whose body is received at the county morgue or at any other facility serving in lieu of the county morgue.

(2)  The effects and property that are delivered to the coroner according to law.

(b)  Required holding period.--The coroner shall hold the property for one year, unless the property is claimed by a legal representative of the deceased or is duly and lawfully disposed of or claimed.

(c)  Property unclaimed after one year.--After one year, the coroner shall direct the unclaimed or undisposed property to the commissioners to be sold at public sale. Money and property as security that may not be subject to a public sale shall be turned over to the commissioners for proper disposition or use.

(d)  Notice.--Notice of a public sale under subsection (c) shall be published in at least one newspaper of general circulation in the county once a week for three successive weeks. The proceeds of each sale shall be paid immediately into the county treasury. The provisions of this subsection shall be in lieu of escheating to the Commonwealth.

(1215-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1216-Bs

Section 1216-B.  Private morgue.

In a county of the third through eighth class in which a county morgue is not maintained, the coroner may have a body that the coroner is authorized to admit to a county morgue removed to a private facility. The county commissioners shall procure by contract, as provided under Article XVIII, the use of a private facility in consultation with the coroner.

(1216-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1217-Bs

Section 1217-B.  Requests for examinations and reports.

(a)  Requests.--A request for an examination or other professional service by another county or person may be complied with at the discretion of the coroner under guidelines established by the county commissioners.

(b)  Fees and charges.--A fee and charge for an examination or professional service shall be established by the coroner, subject to approval by the county commissioners, and shall be accounted for and paid to the county treasurer as provided under section 1760. Payment for an examination or professional service shall be the responsibility of the county or person requesting the service.

(1217-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1218-Bs

Section 1218-B.  Coroner's investigation.

(a)  Duty.--The coroner having a view of the body shall investigate the facts and circumstances concerning a death that appears to have happened within the county, notwithstanding where the cause of the death may have occurred, for the purpose of determining whether or not an autopsy or inquest should be conducted in the following cases:

(1)  A sudden death not caused by a readily recognizable disease or, if the cause of death cannot be properly certified, by a physician on the basis of prior recent medical attendance.

(2)  A death occurring under suspicious circumstances, including if alcohol, a drug or another toxic substance may have had a direct bearing on the outcome.

(3)  A death occurring as a result of violence or trauma, whether apparently homicidal, suicidal or accidental, including, but not limited to, a death due to mechanical, thermal, chemical, electrical or radiational injury, drowning, cave-in or subsidence.

(4)  A death in which trauma, chemical injury, drug overdose or reaction to a drug or medication or medical treatment was a primary or secondary, direct or indirect, contributory, aggravating or precipitating cause of death.

(5)  A perioperative death in which the death is not readily explainable on the basis of prior disease.

(6)  A death in which the body is unidentified or unclaimed.

(7)  A death known or suspected to be due to contagious disease and constituting a public hazard.

(8)  A death occurring in prison or a penal institution or while in the custody of the police.

(9)  A death of an individual whose body is to be cremated, buried at sea or otherwise disposed of so as to be unavailable for examination thereafter.

(10)  A sudden and unexplained infant death.

(11)  A stillbirth.

(b)  Purpose.--The purpose of an investigation under subsection (a) shall be to determine:

(1)  The cause and manner of the death.

(2)  Whether or not there is sufficient reason for the coroner to believe that the death may have resulted from a criminal act or criminal neglect of a person other than the deceased.

(c)  Requirements.--As part of an investigation under subsection (a), the coroner shall determine the identity of the deceased and notify the next of kin of the deceased.

(1218-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1219-Bs

Section 1219-B.  Autopsy, inquest and records.

(a)  Autopsy.--If, after investigation, the coroner is unable to determine the cause and manner of death, the coroner shall perform or order an autopsy on the body.

(b)  Inquest.--If the coroner is unable to determine the cause and manner of death following an autopsy, the coroner may conduct an inquest upon a view of the body as provided by law. At the inquest, the coroner's duty shall be to:

(1)  Ascertain the cause of death.

(2)  Determine whether an individual other than the deceased was criminally responsible by act or neglect and the identity of the individual who may be responsible.

(3)  Examine further evidence and witnesses regarding the cause of death.

(c)  Recording.--The proceedings at the inquest shall be recorded, at the expense of the county, in a manner to be provided by the county commissioners.

(d)  Retention and disposal.--

(1)  The coroner may retain a deoxyribonucleic acid (DNA) specimen for diagnostic, evidentiary or confirmatory purposes.

(2)  Retained tissue, organs, blood, other bodily fluid, gas or another specimen from an autopsy are medical waste and shall be disposed of in accordance with applicable Federal and State laws.

(e)  Liability.--A coroner who, in good faith, orders or performs a medical examination or autopsy under statutory authority shall be immune from civil liability for damages for ordering or performing the examination or autopsy.

(1219-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1220-Bs

Section 1220-B.  Child deaths.

(a)  General rule.--A coroner shall perform or order an autopsy to be conducted in the case of the sudden unexplained death of a child who is not more than three years of age. If an autopsy is required, the autopsy shall be conducted in the manner the coroner determines is the least invasive manner appropriate.

(b)  Investigation.--

(1)  For a death of a child who is not more than three years of age where the coroner has determined that an investigation is appropriate, the investigation shall include the following information:

(i)  Demographic information on the child and the child's primary caregivers.

(ii)  Witness interview.

(iii)  Infant medical history.

(iv)  Biological mother's prenatal history.

(v)  Incident scene investigation.

(vi)  Scene and body diagrams.

(2)  In conducting the investigation under paragraph (1), the coroner shall consider nationally recognized standards for pediatric death review.

(c)  Deoxyribonucleic acid.--A deoxyribonucleic acid (DNA) sample shall be collected for the purpose of aiding in the research of the causes of sudden and unexplained infant deaths and to provide genetic information as to the manner of death.

(1220-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1221-Bs

Section 1221-B.  Sudden death.

(a)  General rule.--The coroner shall regard a death as sudden if:

(1)  The death occurs without prior medical attendance by an individual who may lawfully execute a certificate of death in this Commonwealth.

(2)  Within 24 hours of death the decedent:

(i)  was discharged from medical attendance;

(ii)  had a change of medical attendance occur; or

(iii)  had medical attendance and the medical attendant refuses or is unable to certify the cause of death.

(b)  Construction.--This section shall not be construed to affect the coroner's discretion as to whether or not a death was suspicious or to authorize a coroner to investigate a sudden death further than necessary to determine the cause and manner of death.

(c)  Definition.--As used in this section, the phrase "medical attendance" shall include treatment or care at a facility providing medical services, including a hospital, nursing home and hospice service.

(1221-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1222-Bs

Section 1222-B.  Prohibition on moving a body.

(a)  General rule.--Except as provided under subsection (b), if a coroner has jurisdiction to investigate the facts and circumstances of death, the body and the surroundings of the body shall be left untouched until either:

(1)  The coroner has conducted an initial investigation of the scene of death, including viewing and photographing the scene in the manner that most fully discloses how the individual died.

(2)  The coroner directs or authorizes the touching of the body and the surroundings of the body, except as provided by law or as circumstances may require.

(b)  Exception.--A body on a public thoroughfare or other place may be moved if necessary for the administration of emergency care and as a precaution against a traffic accident or another serious consequence that might reasonably be anticipated if the body was left in place. The removal of the body shall be done so as to not substantially destroy or alter possible evidence.

(1222-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1223-Bs

Section 1223-B.  Release of coroner's jurisdiction.

If a coroner assumes jurisdiction of a body under the provisions of this article or another law, the body may not be released or removed from the coroner's jurisdiction except upon the coroner's directions and consent, in accordance with law.

(1223-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1224-Bs

Section 1224-B.  Cooperation with district attorney.

In the exercise of duties under this article, the coroner shall consult with and advise the district attorney as may be practicable. The district attorney may act as counsel to the coroner in matters relating to inquests.

(1224-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1225-Bs

Section 1225-B.  Cooperation with other counties.

If one or more coroners deem it necessary to establish a facility for conducting forensic testing and autopsies, a county may establish and operate the facility.

(1225-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1226-Bs

Section 1226-B.  Certificate of cause of death.

A coroner shall issue a certificate of cause of death in each case:

(1)  Referred to the coroner by the local registrar of vital statistics under the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953.

(2)  In which the coroner has jurisdiction and no individual duly authorized by law certifies the cause of death.

(1226-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1227-Bs

Section 1227-B.  Subpoena and attachment.

The coroner may issue a subpoena and attachment, which shall be served and executed by the sheriff, coroner or coroner's deputy, for the following purposes:

(1)  A death investigation.

(2)  To obtain the attendance of an individual who may be necessary to examine as a witness at an inquest.

(3)  To compel attendance by attachment in a similar manner and extent as a court of common pleas may do in a case pending before the court.

(4)  To compel the production of the following:

(i)  A paper.

(ii)  A document in any form or media, including a medical and mental health record.

(iii)  Another thing relative to the investigation or inquest.

(1227-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1228-Bs

Section 1228-B.  Inquest and jury.

(a)  Jury.--The coroner may summon a jury of six individuals and two alternates to be selected from the jury panels of the court of common pleas.

(b)  Function.--The function of the jury shall be to determine the manner of death and whether a criminal act or neglect of a known or unknown individual caused the death. The jury shall be paid as provided by law as if the jury members were serving the court of common pleas.

(1228-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1229-Bs

Section 1229-B.  Oaths.

The coroner may administer an oath and affirmation to an individual brought or appearing before the coroner. An individual swearing or affirming falsely on the examination commits perjury.

(1229-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1230-Bs

Section 1230-B.  Commitment to county prison.

(a)  Warrant.--An individual may be committed by a coroner to the county jail by warrant directed to the sheriff or a constable of the county if the individual does either of the following while appearing before the coroner for examination:

(1)  Refuses to take an oath or affirmation.

(2)  Refuses to answer a question asked by the coroner on the matter of the inquest after having been sworn or affirmed.

(b)  Case required.--The warrant under subsection (a) must set forth particularly the cause of the commitment.

(c)  Length.--The individual shall remain committed until the individual submits to be sworn or affirmed, answers the questions of the coroner or is otherwise legally discharged.

(1230-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1231-Bs

Section 1231-B.  Inquests.

The following shall apply:

(1)  In counties of the second through eighth classes, the coroner may:

(i)  Admit or exclude a member of the public from an inquest or a part of an inquest.

(ii)  Admit or exclude an individual interested or suspected from the inquest or a part of an inquest.

(2)  An excluded individual may not appear by attorney.

(3)  An individual required to attend may have counsel at the attendance.

(4)  In counties of the third through eighth class, representatives of the media may not be excluded from an inquest or part of an inquest unless the representatives are personally interested or suspected from the inquest or part of the inquest.

(1231-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1232-Bs

Section 1232-B.  Vacancy.

(a)  Legal removal, death or resignation.--If a coroner is legally removed from office, dies or resigns before the expiration of the term for which the coroner was elected or appointed, the chief deputy coroner shall execute the office of coroner, perform related duties and receive and retain the compensation provided by law for the coroner until another coroner is appointed.

(b)  Neglect or refusal.--Except as otherwise provided under subsections (d) and (e), if an individual who is elected to the office of coroner neglects or refuses, for the two months after the election, to assume the duties of the office and to comply with the requirements of the law, the office shall be deemed vacant. The Governor shall notify the recorder of deeds and appoint and commission a suitable individual to fill the vacancy during the remainder of the term.

(c)  Fees.--A fee may not be charged on a commission issued to the coroner.

(d)  Exception in certain counties.--In counties of the second class A, the appointee of the Governor shall serve until the first Monday of January next succeeding the first municipal election which occurs at least two months after the vacancy, at which time a new coroner shall be elected. The appointee shall be confirmed by the Senate if the Senate is in session.

(e)  Medical examiner.--In counties of the second class, the appointee to the office of medical examiner shall serve and the term of office shall be as provided by county ordinance.

(1232-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1233-Bs

Section 1233-B.  Salary of solicitor and costs in counties of the second class.

In counties of the second class, the following shall apply:

(1)  The salary of the solicitor to the medical examiner shall be determined by the salary board. The salary shall be paid out of the fees received and paid into the office of the coroner.

(2)  Costs and expenses incurred by the coroner in a manner connected with litigation or claims arising out of or relating to the coroner's office shall be paid by the county out of fees received by the coroner's office.

(1233-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1234-Bs

Section 1234-B.  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).

(1234-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1235-Bs

Section 1235-B.  Execution of office.

An individual elected or appointed to the office of coroner may not execute any of the duties of office before a commission has been duly granted to the coroner by the Governor and properly recorded. An individual who violates this section may be sentenced to imprisonment for a term of not more than six months. The individual shall be liable to a person injured by an act done by the individual under authority of the office.

(1235-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1236-Bs

Section 1236-B.  Records.

In counties of the third, fourth, fifth, sixth, seventh and eighth classes, every coroner, within 30 days after the end of each year, shall deposit all official records and papers for the preceding year in the Office of the Prothonotary for the inspection of all persons interested therein.

(1236-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1251-Bh

 

SUBARTICLE C

FEES AND COST RECOVERY

(Subart. added Oct. 24, 2018, P.L.931, No.154)

 

19550130u1251-Bs

Section 1251-B.  Disposition costs.

(a)  Cost of disposition.--If legal representatives make claim to property after disposition of the deceased has occurred at county expense, any property retained from the deceased by the coroner in accordance with 1215-B shall be subject to sale to cover the cost of disposition with the balance, if any, going to the representatives. No property shall be sold under this subsection unless the coroner has provided written notice to the representative of the all of the following:

(1)  The costs of disposition.

(2)  A list of the property held in accordance with section 1215-B.

(3)  An opportunity to pay the costs of disposition within 60 days of the notice.

(b)  Costs of securing.--In cases where the coroner secures the premises of the deceased, the costs of securing may be charged against the estate of the deceased.

(c)  Civil liability.--A coroner who reasonably attempts to secure or safeguard any real property where the deceased is found and any personal property on or around the deceased is immune from civil liability for damage to or loss of the property or its contents.

(1251-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1252-Bs

Section 1252-B.  Fees for reports.

The coroner shall charge and collect a fee of $500 for an autopsy report, $100 for a toxicology report, $100 for an inquisition or coroner's report, $50 for a cremation or disposition authorization and other fees as may be established from time to time for other reports or documents requested by nongovernmental agencies in order to investigate a claim asserted under a policy of insurance or to determine liability for the death of the deceased. The fees collected under this section shall be accounted for and paid to the county treasurer in accordance with section 1760 and shall be used to defray the expenses involved in the county complying with the training of coroners or coroner office personnel, as may be required or authorized by this or any other act.

(1252-B added Oct. 24, 2018, P.L.931, No.154)

19550130u1301h

 

ARTICLE XIII

PROTHONOTARY, CLERK OF COURTS, CLERK OF

ORPHANS' COURT, REGISTER OF WILLS,

RECORDER OF DEEDS

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1301s

Section 1301.  Election of Prothonotary, Clerk of Courts, 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 courts of common pleas, register of wills, clerk of the orphans' court or recorder of deeds of any county and quadrennially thereafter, the electors of the county shall elect a person to fill the office from the first Monday of January next succeeding the election, for a term of four years and until a successor is elected and qualified. Where, under the provisions of this act or other law, it is provided that two or more offices shall be held by the same person, only one person shall be elected to hold the office.

(1301 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1302s

Section 1302.  How Offices to Be Held.--(a)  In counties of the third and fourth classes, one person shall hold the office of prothonotary, one person the office of clerk of courts, one person the offices of register of wills and clerk of the orphans' court, and one person the office of recorder of deeds.

(a.1)  Notwithstanding subsection (a) or any other law, a county advancing from the fifth to fourth class as a result of census figures certified after the primary election in the year of a municipal election may maintain the configuration of offices in effect in the county as long as the county, in consultation with the president judge of the court of common pleas of the county, deems appropriate. At such time as a county decides that reconfiguration of the offices in the county in accordance with subsection (a) or any other general law applicable to the holding of offices and to the classification of the county is appropriate, the county shall wait until the year in which the offices are next up for election to effect that change.

(a.2)  Notwithstanding subsection (a) or (a.1) or any other law, the county commissioners of a county advancing from the fifth to fourth class may adopt a resolution providing that one person shall continue to hold the offices of prothonotary and clerk of courts, unless local law applying to such counties shall otherwise provide.

(a.3)  Notwithstanding subsection (a) or (a.1) or any other law, the county commissioners of a county advancing from the fifth to fourth class may adopt a resolution providing that one person shall hold the offices of register of wills, recorder of deeds and clerk of the orphans' court, unless local law applying to such counties shall otherwise provide.

(b)  In counties of the fifth class, one person shall hold the offices of prothonotary and clerk of courts, one person the offices of register of wills and clerk of the orphans' court, and one person the office of recorder of deeds, unless local law applying to such counties shall otherwise provide.

(b.1)  Notwithstanding subsection (b) or any other law, the county commissioners of a county advancing from the sixth to the fifth class may adopt a resolution providing that one person shall continue to hold the offices of register of wills, recorder of deeds and clerk of the orphans' court, unless local law applying to such counties shall otherwise provide.

(c)  In counties of the sixth and seventh classes, one person shall hold the offices of prothonotary and clerk of courts, and one person the offices of register of wills, recorder of deeds and clerk of the orphans' court, unless local laws applying to such counties shall otherwise provide.

(d)  In counties of the eighth class, one person shall hold the offices of prothonotary, clerk of courts, clerk of the orphans' court, register of wills and recorder of deeds, unless local laws applying to such counties shall otherwise provide.

(e)  This section does not repeal any of the provisions of section one of the act, approved July two, one thousand eight hundred thirty-nine (Pamphlet Laws 559), entitled "An act to provide for the election of prothonotaries, clerks, recorders and registers," nor any of the provisions of any other local law.

(f)  Any county in which the offices provided for herein are not now held as hereinbefore provided, and which desires to provide for the holding of two or more of said county offices by the same person, may, at any time hereafter, accept the provisions of this section in whole or in part, and provide for the holding of its county offices, or any of them, in the manner provided in this section for the class of counties to which it belongs. The recombining of the offices that have been separated shall take effect in the year in which the offices are next up for election, at which time offices in the county shall be held in accordance with the subsection authorizing the combining of the offices or any other general law applicable to the holding of offices and to the classification of the county.

(g)  The proceedings to accept the provisions of this section and to join its offices or any of them, as herein provided, shall be in all respects as provided in section one thousand three hundred three of this act for the acceptance of the provisions of that section. Upon the expiration of the term of any county officer affected by such proceeding, his or her office shall be joined to the other whose term still continues, and no successor shall be elected, or, if the terms of all officers affected expire at the same time, then upon such expiration such offices shall be joined and occupied by one person elected at the preceding municipal election for such purpose.

(1302 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1303s

Section 1303.  Counties of Forty Thousand Inhabitants Created Separate Judicial Districts.--(a)  In each county containing forty thousand inhabitants, which has been created as a separate and independent judicial district as provided by the Constitution, upon acceptance of the provisions of this section, there shall be elected one person to fill the office of prothonotary, one person to fill the office of the clerk of the courts of common pleas, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds, at the expiration of the terms of the persons then filling and exercising such offices in such counties.

(b)  In any such county in which the offices provided for in this section are now held as above provided, the offices shall continue to be so held, and persons shall continue to be elected to fill the same without any actual acceptance of this section.

(c)  The acceptance of the provisions of this section shall be exercised by a decree of the court of common pleas of the county accepting the provisions thereof, upon petition of the county commissioners of such county. The petition and decree shall be recorded in the office of the recorder of deeds of the county, and in the office of the Secretary of the Commonwealth.

(1303 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1304s

Section 1304.  Incompatible Offices.--(1304 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1305s

Section 1305.  Appointment of First Deputies.--The recorder of deeds shall appoint one first deputy to act in the case of the death or resignation of the first deputy's principal, or when the office shall become vacant from other causes. The register of wills shall appoint a deputy or deputies with powers and duties as provided in 20 Pa.C.S. Ch. 9 (relating to register of wills).

(1305 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1306s

Section 1306.  Power of Prothonotaries, Clerks, Deputies and Assistants to Administer Oaths and Affirmations.--(1306 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1307s

Section 1307.  Second Deputy Prothonotary.--(1307 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1307.1s

Section 1307.1.  Funds on Deposit; Interest.--(1307.1 repealed Nov. 21, 1973, P.L.337, No.113 and Apr. 28, 1978, P.L.202, No.53)

19550130u1308s

Section 1308.  Solicitor to Prothonotary in Third, Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--(1308 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1309s

Section 1309.  Prothonotary to File and Keep Advance Copies of Law.--(1309 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1310s

Section 1310.  Assistant Clerks of Orphans' Court in Counties Having a Separate Orphans' Court.--(1310 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1311s

Section 1311.  Solicitor to Register in Counties of the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--(1311 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1312s

Section 1312.  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 the principal deputy's necessary or temporary absence.

(1312 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1313s

Section 1313.  Clerks of Recorder to Administer Oaths.--The recorder of deeds may appoint one or more clerks employed in the recorder's 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.

(1313 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1314s

Section 1314.  Solicitor to Recorder of Deeds in Counties of the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--(1314 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1315s

Section 1315.  Solicitors to Clerk of Courts of Quarter Sessions and Oyer and Terminer in Counties of the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--(1315 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1316s

Section 1316.  Solicitors to Clerks of Orphans' Courts in Counties of the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--(1316 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1401h

 

ARTICLE XIV

DISTRICT ATTORNEY, ASSISTANTS

AND DETECTIVES

 

(a)  District Attorney

 

19550130u1401s

Section 1401.  District Attorney; Qualifications; Eligibility; Compensation.--(a)  The district attorney shall be a resident of the county, at least twenty-five years of age, and a citizen of the United States, shall have been admitted to practice as an attorney before the Supreme Court of this Commonwealth for at least one year prior to taking the oath of office and shall have resided in the county for which the district attorney is elected or appointed for one year next preceding election or appointment.

(b)  ((b) deleted by amendment July 14, 2005, P.L.312, No.57)

(c)  ((c) deleted by amendment July 14, 2005, P.L.312, No.57)

(d)  ((d) deleted by amendment July 14, 2005, P.L.312, No.57)

(e)  ((e) deleted by amendment July 14, 2005, P.L.312, No.57)

(f)  No district attorney shall be eligible for a seat in the Legislature or to any other office under the laws and Constitution of the Commonwealth, excepting an office or commission, pursuant to 51 Pa.C.S. (relating to military affairs), in the militia of the Commonwealth, the Pennsylvania Guard or the Pennsylvania National Guard, during the district attorney's continuance in office.

(g)  In counties of the eighth class, the district attorney shall be full time where any of the following apply:

(1)  The commissioners of the county have by ordinance fixed the services of the district attorney at full time. An ordinance under this clause may not be made between the first day for the circulation of nominating petitions for the office of district attorney and January 1 of the subsequent year.

(2)  The president judge of the county court of common pleas orders that the office of district attorney shall be full time. Upon motion of the district attorney, the president judge shall conduct a hearing and shall issue an order whether the office of district attorney shall be full time within 180 days of the filing of the motion. The order may be appealed by the district attorney or the county commissioners in accordance with the rules of appellate procedure. An order under this clause shall take effect in 60 days. An order under this clause directing that the office of district attorney be full time shall be made if the president judge finds that two or more of the following factors are present in the county:

(i)  the average caseload of felony, misdemeanor and juvenile cases for the past five years has exceeded two hundred per year;

(ii)  the average caseload for homicide cases for the past five years has equaled or exceeded one per year;

(iii)  the county has any State correctional facility, juvenile detention facility, youth development center, youth forestry camp, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution, with a population exceeding two hundred fifty, or if the county has more than one such facility or institution, the aggregate population of such facilities and institutions exceeds two hundred fifty;

(iv)  a major controlled substances transportation route passes through the county;

(v)  the average number of convictions under 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) subject to the alcoholic ignition interlock statutory provision requirements exceeds thirty per year; or

(vi)  the county constitutes a single and separate judicial district.

(h)  ((h) deleted by amendment)

(i)  Once the office of district attorney becomes full time, it shall not thereafter be changed.

(j)  A full-time district attorney shall be compensated at one thousand dollars ($1,000) lower than the compensation paid to a judge of the court of common pleas in the respective judicial district.

(k)  In a county where the office of district attorney is full time, the district attorney shall devote full time to the office. The district attorney while in office, shall not derive any other income as a result of honorariums, profit shares or divisions of income from any firm with which the district attorney was associated prior to election. This limitation shall not be construed, however, to preclude payment of fees earned for legal work done prior to, but not concluded until after the earlier of his being made full time or being sworn in as a full-time district attorney. In addition the district attorney shall not engage in any private practice and must be completely disassociated with any firm with which the district attorney was affiliated prior to the earlier of being made full time or being sworn in as a full-time district attorney. The district attorney-elect may not accept any civil or criminal cases after being elected to the office.

(l)  A part-time district attorney may have an outside practice and shall be compensated at forty per cent of the annual salary payable to the judge of the court of common pleas of the judicial district of the county.

(m)  Except as provided in subsection (g), any office of district attorney that is part time on January 2, 2012, shall become full time as of that date.

(n)  ((n) deleted by amendment)

(o)  A district attorney shall be subject to the Rules of Professional Conduct and the canons of ethics as applied to judges in the courts of common pleas of this Commonwealth insofar as such canons apply to salaries, full-time duties and conflicts of interest. Any complaint by a citizen of the county that a full-time district attorney may be in violation of this section shall be made to the Disciplinary Board of the Supreme Court of Pennsylvania. If any substantive basis is found, the board shall proceed forthwith in the manner prescribed by the rules of the Supreme Court and make such recommendation for disciplinary action as it deems advisable, provided, however, that if the Supreme Court deems the violation so grave as to warrant removal from office, the prothonotary of the Supreme Court shall transmit its findings to the Speaker of the House of Representatives for such action as the House of Representatives deems appropriate under Article VI of the Constitution of Pennsylvania.

(p)  The Commonwealth shall annually reimburse each county with a full-time district attorney an amount equal to sixty-five per cent of the district attorney's salary.

(1401 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1401v

 

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.

19550130u1402s

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 for which the district attorney is elected, and perform all the duties which, prior to May 3, 1850, were performed by deputy attorneys general. The duties herein conferred shall be in addition to all other duties given to the said district attorney by other statutes.

(b)  ((b) repealed Apr. 28, 1978, P.L.202, No.53)

(1402 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1403s

Section 1403.  Expenses Incurred by District Attorney.--All necessary expenses incurred by the district attorney or the district attorney's assistants or any officer directed by the district attorney in the investigation of crime and the apprehension and prosecution of persons charged with or suspected of the commission of crime, upon approval thereof by the district attorney and the court, shall be paid by the county from the general funds of the county. 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.

(1403 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1404s

Section 1404.  Filling of Vacancies.--(a)  If any vacancy shall occur in the office of district attorney in a county of the second class A or third class, either by death, resignation, removal from office or from the county, or otherwise, the judges of the court of common pleas shall supply such vacancy by the appointment of a competent person to fill the office during the balance of the unexpired term.

(b)  If any vacancy shall occur in the office of district attorney in a county of the fourth through eighth class, the first assistant district attorney shall 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, the judges of the court of common pleas shall fill the vacancy by the appointment of a competent person 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 Oct. 24, 2018, P.L.931, No.154)

19550130u1405s

Section 1405.  Misconduct of District Attorney.--(a)  If any district attorney shall willfully 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 the district attorney in any criminal proceeding, or if such district attorney shall be guilty of willful and gross negligence in the execution of the duties of the office, that individual shall be guilty of a misdemeanor in office, and, on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars ($1,000) and to undergo imprisonment not exceeding one year, and the office shall be declared vacant.

(b)  Upon complaint in writing, verified by 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 willful and gross negligence in the execution of the duties of the office, the court shall cause notice of the complaint to be given to the district attorney and of the time fixed by the court for a hearing. If after the 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.

(1405 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1406s

Section 1406.  District Attorney Charged with Crime.--If any district attorney is charged, according to law, with any crime or misdemeanor, before or bound over or committed by any court to answer for willful and gross negligence in the execution of the duties of the office, it shall be the duty of the court to appoint a competent attorney thereof to prepare an indictment against such district attorney and to prosecute the same on behalf of the Commonwealth until final judgment. The attorney shall be paid by the county for services a reasonable compensation to be fixed by the court. If the district attorney is convicted of any crime for which that individual may be sentenced to imprisonment by separate or solitary confinement at labor, the office shall be declared vacant by the court.

(1406 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1407s

Section 1407.  Legal Resources 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 and other legal research resources as may be selected by the district attorney and, in counties of the third through eighth classes, as approved by the president judge of the court.

(1407 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1408s

Section 1408.  Police Radio in Third Class Counties.--The district attorney of any county of the third class may, with the consent and approval of the county commissioners, at the expense of the county, purchase and maintain a short wave police radio receiving and transmitting set and the necessary equipment therefor, to be installed and used in the office provided for the district attorney.

19550130u1409s

Section 1409.  When Private Counsel May Prosecute.--If any district attorney shall neglect or refuse to prosecute in due form of law any criminal charge regularly returned to the district attorney or to the court, or if at any stage of the proceedings the district attorney and the private counsel employed by the prosecutor shall differ as to the manner of conducting the trial, the prosecutor may present a 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 the private counsel's own signature, as fully as the same could be done by the district attorney.

(1409 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1420h

 

(b)  Assistant and Acting District

Attorneys, Stenographers and Clerks

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1420s

Section 1420.  Assistant District Attorneys; Number; Compensation.--(a)  The district attorney may appoint such number of assistants, licensed to practice law in this Commonwealth, to assist in the discharge of duties. The number and salary of such assistants shall be fixed by the salary board.

(b)  In counties of the third through eighth classes, the district attorney may appoint temporary assistants, licensed to practice law in this Commonwealth, to assist in the discharge of duties, as provided by contract or other personnel agreement with the county or the district attorney. Any attorney-at-law, including a deputy Attorney General or an attorney employed by the Commonwealth, may be appointed under this subsection.

(c)  In counties of the third through eighth classes, an allegation of a violation of this section shall be timely raised prior to the participation of the prosecutor in question. The exclusive remedy for a violation of this section shall be removal by quo warranto of the prosecutor from the appointment that is in violation of this section.

(d)  Subsections (b) and (c) shall apply to all cases pending on the effective date of this subsection and all cases thereafter, including, but not limited to, those cases on post-trial or on appeal.

(1420 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1421s

Section 1421.  Designation of First Assistant; Powers and Duties.--In all cases where more than one assistant district attorney is appointed, the district attorney shall designate one assistant as the first assistant. The first assistant or the assistant district attorney where only one is appointed shall, in the absence of the district attorney from the jurisdiction or during the district attorney's disability to perform the duties of the 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 the office which the district attorney may by law be entitled to do or perform. In case of any incapacity of the district attorney or the 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.

(1421 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1422s

Section 1422.  Special Assistants.--(1422 deleted by amendment June 18, 1998, P.L.515, No.72)

19550130u1423s

Section 1423.  Appointment of a Deputy for One Term of Court.--(1423 deleted by amendment June 18, 1998, P.L.515, No.72)

19550130u1424s

Section 1424.  Court May Appoint a District Attorney for the Time Being in Counties of the Third Through Eighth Classes.--It shall be the duty of the court of common pleas of any county of the third through eighth classes to appoint a district attorney for the time being, in all cases where the district attorney and the assistants shall be absent from the court. A person so appointed shall perform all the duties of the office until the regular district attorney or one of the assistants shall appear in person to perform the same, and shall be paid such compensation by the county as may be fixed by the court.

(1424 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1425s

Section 1425.  Indictment and Cost Clerk in Counties of the Fourth Class.--The district attorney of any county of the fourth class, in addition to other assistants authorized in this subdivision, may appoint an assistant, licensed to practice law in this Commonwealth, who shall be designated as indictment and cost clerk, to assist the district attorney in the discharge of duties.

(1425 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1426s

Section 1426.  Stenographers and Clerks.--The salary board in any county may provide for the appointment by the district attorney of such clerks and stenographers in the district attorney's office as may be deemed necessary for the proper dispatch of business.

(1426 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1440h

(c)  County Detectives

 

19550130u1440s

Section 1440.  Appointment; Duties and Compensation of County Detectives.--(a)  (1)  In counties of the second class A, the district attorney may appoint one chief county detective, an assistant chief county detective, and as many county detectives, sergeants, special county detectives and junior county detectives as the salary board shall fix.

(2)  In counties of the third and fourth classes, the district attorney may appoint one chief county detective, one assistant county detective and such other county detectives as the salary board may authorize.

(b)  In counties of the fifth, sixth, seventh and eighth classes, the district attorney may appoint one chief county detective and such other county detectives as the salary board may authorize.

(c)  County detectives shall, at all times, be subject to the orders of the district attorney, and shall investigate and make reports to the district attorney as to the conduct in office of magistrates, constables, deputy constables and other officers connected with the administration of criminal law, shall make investigations and endeavor to obtain evidence required by the district attorney in criminal cases, and shall perform such other duties as the district attorney may direct.

(d)  County detectives shall be general police officers and shall have the powers conferred on constables by the laws of this Commonwealth, so far as they relate to criminal law and procedures and, in counties of the second class A, they shall serve subpoenas in cases in which the Commonwealth is a party in a court of record.

(e)  (1)  In counties of the second class A, county detectives of every grade and rank shall not be entitled to receive any fees whatsoever but shall each receive a 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 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.

(2)  In counties of the third through the eighth class, county detectives of every grade and rank, in addition to their annual salary, shall be allowed their expenses actually and necessarily incurred in the performance of their duties. Such salaries and expenses shall be paid by the county as provided by law. No county detective shall be entitled to any fee whatsoever.

(1440 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1441s

Section 1441.  Appointment of Special Detective with Approval of Court.--The district attorney of any county may, with the approval of the salary board, whenever the court of common pleas 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. The special detective shall be allowed expenses necessarily and actually incurred in the performance of duties.

The 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.

(1441 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1501h

 

ARTICLE XV

JURY COMMISSIONERS

 

(Art. XV repealed Apr. 28, 1978, P.L.202, No.53)

 

19550130u1501s

Section 1501.  Jury Commissioners Eligible for Re-election.--(1501 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1502s

Section 1502.  Bipartisan Jury Commission Required.--(1502 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1503s

Section 1503.  Oath of Elected Jury Commissioners.--(1503 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1504s

Section 1504.  Filling of Vacancy.--(1504 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1505s

Section 1505.  Clerk; Office Facilities; Expenses.--(1505 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1560h

 

ARTICLE XV.2

SALARIES OF COUNTY OFFICERS

(Art. XV.2 added Oct. 24, 2018, P.L.931, No.154)

 

19550130u1560s

Section 1560.  Salaries of county officers.

(a)  Amount.--Except where otherwise expressly provided in this act, the salaries of county officers shall be set in accordance with the act of November 1, 1971 (P.L.495, No.113), entitled "An act providing for the compensation of county officers in counties of the second through eighth classes, for compensation of district attorneys in cities and counties of the first class, for compensation of district election officers in all counties, for the disposition of fees, for filing of bonds in certain cases and for duties of certain officers."

(b)  Construction.--Nothing in this act shall be construed as affecting the salaries of county officers existing as of the effective date of this subsection. Any change in salary shall be in accordance with the act referred to in subsection (a) or other applicable law.

(1560 added Oct. 24, 2018, P.L.931, No.154)

19550130u1561s

Section 1561.  Insurance and other employee 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 other employee 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 employees of the county.

(1561 added Oct. 24, 2018, P.L.931, No.154)

19550130u1550h

 

ARTICLE XV.1

SALARIES OF COUNTY OFFICERS

(Art. repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1550s

Section 1550.  Counties of the Third Class.--(1550 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1551s

Section 1551.  Counties of the Fourth Class.--(1551 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1552s

Section 1552.  Counties of the Fifth Class.--(1552 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1553s

Section 1553.  Counties of the Sixth Class.--(1553 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1554s

Section 1554.  Counties of the Seventh Class.--(1554 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1555s

Section 1555.  Counties of the Eighth Class.--(1555 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1556s

Section 1556.  Insurance and Other Employe Benefits.--(1556 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1601h

 

ARTICLE XVI

FEES OF SALARIED COUNTY OFFICERS; SALARY

BOARDS

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

(a)  Fees of Salaried County Officers

 

19550130u1601s

Section 1601.  Fees of Salaried County Officers to Belong to County.--Except where otherwise provided by law, 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 officer shall exact, collect and receive all such fees to and for the use of the county, except taxes and fees as are levied by the Commonwealth, which shall be to and for the use of the Commonwealth. No officer shall use fees received for official services for any purpose, except for the use of the county or the Commonwealth.

(1601 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1602s

Section 1602.  System of Accounts to be Kept; Fees to be Paid to County Treasurer Monthly.--(a)  Each officer receiving fees shall keep a system of accounts, the form of which shall be prescribed by the controller, or where such office does not exist then by the county auditors, in which or on 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 applicable, for what service, and from whom received.

(b)  At the times designated by resolution of the county commissioners but not later than the tenth day of each month, each of said officers shall :

(1)  Pay to the county treasurer all fees so received for each designated period. Duplicate receipts therefor shall be taken, one of which the treasurer shall deposit with the county controller, or the chief clerk where the office of controller does not exist.

(2)  Deposit with the county controller, or where the office of controller does not exist, with the county auditors a transcript, in detail, of the officer's system of accounts for the preceding month. The officer shall make oath or affirmation before the county controller or the county auditors where the office of controller does not exist that the transcript contains a true and correct list of all the fees received, earned or chargeable upon the county for services rendered in the office, either by the officer, deputies or clerks, during the preceding month that said fees were severally charged and collected at regular rates, and that the officer has not received and is not to receive, 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, or the county auditors where the office of county controller does not exist, to receive such returns, to audit and verify the returns for the preceding month 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.

(1602 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1603s

Section 1603.  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 awarded any contract any sum of money as percentage on the salaries of said deputy or clerk or on the amounts or profits of said contract, or any sum of money 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 willfully neglect to make any proper entry in the book or books required to be kept, or shall willfully neglect to charge for any official services the fees allowed by law, or shall take to the officer's 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, the officer shall, upon conviction thereof, refund the said sum of money unlawfully received, and shall be deemed incapable of holding the said office.

(1603 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1604s

Section 1604.  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.

19550130u1605s

Section 1605.  Officers Subject to This Subdivision to be Paid Salaries.--All officers to which this subdivision applies and their deputies and clerks, shall be paid for their services by fixed and specific salaries. The salaries shall be a charge upon the treasury of the county to which each shall respectively belong, to the extent of the fees collected and paid in by each officer respectively, or earned, where fees are chargeable upon the county treasury, except as provided in section 1608. The salaries shall be paid weekly, bi-weekly, semi-monthly or monthly during the month in which the services were rendered, at the discretion of the county commissioners. No voucher check or warrant shall be drawn for the payment of any officers, deputies or clerks who shall not have filed the receipt and transcript for that month provided for in this subdivision.

(1605 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1606s

Section 1606.  Salaries Payable from Fees.--(1606 repealed Jun. 27, 1974, P.L.401, No.138)

19550130u1607s

Section 1607.  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 1602, 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 the officer, if any. Such taxes, fees and other amounts due the Commonwealth shall be paid over as required, but not more often than monthly, unless law or regulation provides otherwise.

(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.

(c)  The provisions of this section shall apply only to the reporting and payment over of any such taxes or fees and to the treatment of commissions thereon as are not otherwise provided for by law.

(1607 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1608s

Section 1608.  Payment of Certain Officers.--The county solicitor, county prison warden, county commissioners, county controller, county surveyor or engineer, county detectives, county treasurer, interpreter of courts, district attorney and his assistants, and in counties of the sixth, seventh and eighth classes all county officers for whom a salary is fixed by law and the deputies, clerks and employes of their respective offices, shall severally be paid weekly, bi-weekly, semi-monthly, or monthly, at the discretion of the county commissioners of the county. 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 the office shall be paid by the officer or employe to the county treasurer as directed by law, and all other officers shall be paid the amounts assigned them by law in accordance with the provisions of this subdivision.

(1608 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1609s

Section 1609.  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.

(1609 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1610s

Section 1610.  Rights of Action and Remedies for Collection of Fees Extended to Counties.--All rights of action and all other remedies heretofore granted or extended to officers to whom this subdivision applies for the collection of their respective fees are hereby extended, and shall inure to the benefit of the several counties affected by this subdivision for the collection of all fees and costs that may accrue to counties under the provisions of this subdivision.

(1610 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1620h

(b)  Salary Boards

 

19550130u1620s

Section 1620.  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: Provided, however, That with respect to representation proceedings before the Pennsylvania Labor Relations Board or collective bargaining negotiations involving any or all employes paid from the county treasury, the board of county commissioners shall have the sole power and responsibility to represent judges of the court of common pleas, the county and all elected or appointed county officers having any employment powers over the affected employes. The exercise of such responsibilities by the county commissioners shall in no way affect the hiring, discharging and supervising rights and obligations with respect to such employes as may be vested in the judges or other county officers.

(1620 amended Jun. 29, 1976, P.L.460, No.115)

19550130u1621s

Section 1621.  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.

19550130u1622s

Section 1622.  Salary Boards Created.--There is hereby created in each county a salary board, which shall consist of the three individual members of the board of county commissioners and the county controller in counties where there is a controller, or the county treasurer in counties where there is no controller. The chairperson of the board of county commissioners shall be chairperson of the salary board and the county controller or county treasurer, as the case may be, shall be secretary of the board. The board shall meet and organize on the first Monday of January of each year.

(1622 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1623s

Section 1623.  Number and Compensation of Officers, Deputies, Assistants, Clerks and Employes; Revisions of Salary Schedules.--(a)  At each annual meeting, 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 (except employes of county officers who are paid by fees and not by salary), 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. Between annual salary board meetings whenever required by any judge, county officer or executive head of any separate board, commission or division whose deputies', assistants', clerks' and employes' numbers or compensation 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 in the manner provided by law.

(b)  Upon action by the board in accordance with subsection (a), the number and compensation of all such officers, deputies, assistants, clerks and persons, whether fixed by statute or by any other method, are hereby repealed. In the event that any salary board shall fail to fix the number or compensation of any such officers, deputies, assistants, clerks or other employes as required by this section, the number and compensation shall continue, as fixed by or pursuant to law with like effect as though the same had been so fixed by the board, but the salary board shall have power to fix any such number or compensation at a later time and with like effect.

(1623 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1624s

Section 1624.  Revisions of Salary Schedules.--(1624 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1625s

Section 1625.  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 the 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 the court is under consideration and no longer.

(c)  (1)  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 the judge's appointees is under consideration and no longer.

(2)  In counties of the second class A, 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.

(d)  The decision 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.

(1625 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1630h

 

(c)  Payment of Solicitors Appointed by County Officers

((c) repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1630s

Section 1630.  Compensation of Solicitors Appointed by County Officers.--(1630 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1701h

 

ARTICLE XVII

FISCAL AFFAIRS

 

(a)  Fiscal Policy and Systems

 

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Section 1701.  Functions of County Commissioners.--The county commissioners shall be the responsible managers and administrators of the fiscal affairs of their respective counties in accordance with the provisions of this act and other applicable law.

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Compiler's Note:  The act of April 13, 1972 (P.L.184, No.62), referred to as the Home Rule Charter and Optional Plans Law, referred to in subsecs. (a.1) and (b.1), was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government).

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Section 1701.1.  Billing and Collection of Third, Fourth, Fifth, Sixth, Seventh and Eighth Class County Taxes.--(a)  The county commissioners of each county of the third, fourth, fifth, sixth, seventh and eighth class may, by resolution, provide for the billing and collecting of all county and county institution district taxes levied within a third class city and may, in the resolution, vest the county treasurer with the duties and responsibilities of billing and collecting all the taxes. The resolution shall be adopted by the county and the city treasurer shall be notified of adoption of the resolution no later than the first day for the circulation of nomination petitions for the office of tax collector within the county and shall take effect upon the first day of the next succeeding term of office of tax collector following adoption of the resolution.

(a.1)  The county commissioners of each county of the third, fourth, fifth, sixth, seventh and eighth class may, by resolution, provide for the billing and collection of all county taxes in municipalities existing or organized under 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government) or under the former act of April 13, 1972 (P.L.184, No.62), known as the "Home Rule Charter and Optional Plans Law," that have eliminated the elective office of tax collector, by the authorities empowered to levy such taxes, and by resolution, vest in the county treasurer the duties and responsibilities of billing and collecting county taxes in those municipalities.

(b)  ((b) deleted by amendment)

(b.1)  ((b.1) deleted by amendment)

(b.2)  Notwithstanding any law to the contrary, if, as a result of a vacancy in the office of elected tax collector in a municipality within a county of the third, fourth, fifth, sixth, seventh or eighth class, an employe or paid official of the municipality is appointed or directed by the governing body of the municipality to assume the duties of tax collector, the county commissioners may, by resolution, provide, until a successor tax collector is elected in accordance with law, for the following:

(1)  the county treasurer to have the duties and responsibilities of billing and collecting all county and county institution district taxes levied within the municipality;

(2)  payment to the municipality, rather than the employe or paid official appointed or directed by the governing body of the municipality to assume the duties of tax collector, the compensation that otherwise would be attributable to the billing and collecting of county and county institution district taxes levied within the municipality; or

(3)  an agreement with the tax collector in an adjoining or conveniently located municipality to assume the duties of the tax collector and receive the compensation that otherwise would be attributable to the billing and collecting of county and county institution district taxes levied within the municipality.

(b.3)  Notwithstanding any law to the contrary, if, as a result of a vacancy in the office of elected tax collector in a municipality, the county treasurer has been appointed or directed by the county commissioners to bill and collect all county and county institution district taxes within the municipality, the governing body of the municipality and the county commissioners may by agreement provide that the county treasurer shall have the duties and responsibilities of billing and collecting all taxes levied by the municipality in accordance with section 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection Law."

(c)  The county commissioners may appoint such other employes as may be necessary to carry out the provisions of this section.

(d)  Except as may otherwise be provided in the "Local Tax Collection Law," the compensation of personnel and other expenses of billing and collecting county and institution district taxes pursuant to this section shall be paid out of the general fund in the county treasury. The compensation and number of such employes other than the county treasurer shall be governed by the provisions of this act relating to the county salary board. If the county treasurer is designated as the collector of the county and county institution district taxes that person shall not receive added compensation for performing such functions.

(e)  The treasurer shall be governed by the provisions of the "Local Tax Collection Law" and its amendments.

(1701.1 amended Oct. 24, 2018, P.L.931, No.154)

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Compiler's Note:  The act of April 13, 1972 (P.L.184, No.62), referred to as the Home Rule Charter and Optional Plans Law, referred to in subsecs. (a.1) and (b.1), was repealed by the act of December 19, 1996 (P.L.1158, No.177). The subject matter is now contained in 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional plan government).

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Section 1702.  Functions of the Controller.--(a)  (1)  Subject to the power and duty of the county commissioners to manage and administer the fiscal affairs of the county, the controller shall supervise the fiscal affairs of the county including the related accounts and official acts of all officers or other persons who shall collect, receive, hold or disburse, or be charged with the management or custody of, the public assets of the county. The discretionary powers of the controller shall be applicable to matters or official acts involving the accounts and transactions of officers or other persons of the county including those indicated in section 1705. The discretionary policies of the controller shall not be applicable to the establishment and adoption of the fiscal policies of the county commissioners.

(2)  The controller may only refuse to authorize any fiscal transaction which is, by law, subject to his or her supervision or control where it appears that such transaction is not authorized by law, or has not been undertaken according to law, or has not received approval according to law, or as to which the controller desires upon reasonable grounds to investigate for or has already discovered any fraud, flagrant abuse of public office or any criminal act or neglect of any officer or other person of the county relating to their public accounts and transactions. The controller may at any time require from any such officers or other persons, in writing, an account of all assets which may have come into their control. Immediately, on the discovery of any default or delinquency, the controller shall report the same to the commissioners and to the district attorney of the county for such prosecution as may be warranted, and shall take immediate measures to secure the public assets.

(b)  Pursuant to subsection (a), the county commissioners, for the purpose of meeting Federal or State requirements, may issue a request for proposals for and contract with an independent certified public accountant or employ a public accountant for the purpose of preparing or conducting a report or audit of the fiscal affairs of the county, independent of and/or in addition to, that conducted by the county controller or auditors. The controller shall be afforded an opportunity to comment on the request for proposals prior to issuance and the contract prior to execution. The contracts shall supplement, but not replace, the official acts and audits of the controller.

(1702 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1703.  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 that individual's possession or under that individual's 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.

The controller shall have power and authority to require each and every county officer to make a quarterly statement with respect to moneys in the officer's 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. The controller 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.

(1703 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1704.  Custody of Documents.--The controller shall have custody of and retain in original or other acceptable form, as provided in the most recent edition of the County Records Manual issued for the County Records Committee by the Pennsylvania Historical and Museum Commission, all title deeds to real estate owned by the county, and all executed contracts entered into by or on behalf of the county, and all records relating to its financial affairs, and all bonds and other obligations issued by the county, when paid. Such bonds and other obligations, when so paid, shall be monitored by the controller, a ledger of which shall be maintained by him or her in a book or an electronic file dedicated for that purpose and retained according to the most recent edition of the County Records Manual.

(1704 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1705.  Financial Records.--The controller shall maintain a full and regular set of financial records, including the general ledger, in electronic form or otherwise, which support financial statements in accordance with generally accepted accounting principles of all the fiscal operations of the county, embracing as many accounts, under appropriate titles, as may be necessary to meet Federal and State reporting requirements and to show distinctly and separately all the property of the county, its revenue 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. The controller shall select and administer the form and manner of maintaining the official financial records in connection with the fiscal affairs of the county. Where the controller prescribes a change in the form and manner of maintaining the official financial records, any costs necessary for implementation shall be subject to the approval of the county commissioners. In counties without a controller, the requirements of this section shall be fulfilled by the office of the county commissioners.

(1705 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1706.  Investment of Funds.--(a)  (1)  In counties of the second class A, the county treasurer shall have the power, subject to subsection (b)(1) and any conditions and limitations in this article, 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 the 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.

(2)  In counties of the third, fourth, fifth, sixth, seventh, or eighth class, the county commissioners (or any individual other than the commissioners who serves in an elective county office, as to such moneys not otherwise required by law to be invested that the individual's office is required to collect, administer or disburse) shall invest such moneys 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)  (1)  In counties of the second class A, a board of investment is hereby created. The board shall be composed of the treasurer, who shall chair the board, the chairperson 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)(1) shall make investments in conformity with the board's investment program.

(2)  In counties of the third, fourth, fifth, sixth, seventh, or eighth class, the commissioners 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 commissioners. Other elective officials authorized to make investments under subsection (a)(2) shall make investments in conformity with the commissioners investment program.

(c)  Authorized types of investments or financial products for such moneys, in addition to those authorized under the act of July 25, 1973 (P.L.217, No.53), entitled "An act authorizing cities of the first class and second class to invest all funds received and deposited with the city treasurer in certain commercial paper under certain terms and conditions; and providing for investment of public corporation or municipal authority funds," shall be:

(1)  ((1) deleted by amendment)

(2)  ((2) deleted by amendment)

(3)  ((3) deleted by amendment)

(4)  ((4) deleted by amendment)

(5)  ((5) deleted by amendment)

(6)  ((6) deleted by amendment)

(7)  ((7) deleted by amendment)

(8)  ((8) deleted by amendment)

(9)  ((9) deleted by amendment)

(10)  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, including United States Treasury bills, of 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.

(11)  Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the 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. The deposits are differentiated from savings or demand deposits as authorized by the act of July 25, 1973 (P.L.217, No.53).

(12)  Shares of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.), whose shares are registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), if the only investments of the company are in the authorized investments for county funds in clauses (10) and (11) and:

(i)  The investment company is managed in accordance with 17 CFR 270.2a-7 (relating to money market funds).

(ii)  The investment company is rated in the highest category by a nationally recognized rating agency.

(13)  Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the 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. In addition to the collateralization requirements, the following limitations shall apply:

(i)  Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum of a bank's total capital and surplus.

(ii)  Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to twenty per centum of an institution's assets minus liabilities.

(14)  Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to municipalities investments) shall be an authorized investment for any pension or retirement fund.

(d)  ((d) deleted by amendment)

(d.1)  Officials, as authorized in subsection (a)(1) or (2), shall not, at any time, have invested in negotiable certificates of deposit, bankers' acceptances or commercial paper, respectively, as authorized by the act of July 25, 1973 (P.L.217, No.53), more than an aggregate of the total sum as the investment policy of the board of investment or the board of commissioners shall have prescribed.

(e)  Officials making investments of county funds, as authorized in subsection (a)(1) or (2), shall have authority:

(1)  To permit assets pledged as collateral under subsection (c)(11), 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 53 Pa.C.S. Ch. 23 Subch. A (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.

(4)  To join with the Commonwealth, political subdivision or redevelopment authority in the purchase of real estate for the purposes of community and economic development.

(5)  To grant funds to the Commonwealth, political subdivision or redevelopment authority for the purposes of supporting community and economic development projects.

(f)  All income earned on any of the investments shall inure to the benefit of the county and shall be placed in the general fund except as otherwise directed by the commissioners or restricted by law.

(1706 amended Oct. 24, 2018, P.L.931, No.154)

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(b)  Accounts, Audits and Reports by Controller

or Auditors

 

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Section 1720.  Controller's or Auditors' Settlement of Accounts; Report to Common Pleas; Publications; Financial Report to Department of Community and Economic Development.--(a)  The controller or auditors, as may be the case, shall, at the end of each fiscal year, complete the audit, settlement and adjustment of the accounts of all county officers. The controller or auditors shall, before the first day of July in every year, make a report, verified by oath or affirmation, to the county court of common pleas, unless upon due cause shown the court shall grant an extension of time, 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.

(b)  Within ten days after making a report to the court of common pleas, notice that the report is available for public inspection shall be published one time in at least one newspaper of general circulation in the county as the controller or auditors may direct and shall be posted on the official publicly accessible Internet website of the county, but the aggregate cost of newspaper publication shall not exceed fifteen hundred dollars ($1500) in any one year in any county, to be paid for out of the county treasury. The entire report, which shall include a concise summary, shall be available for public inspection in the office of the controller or auditors during regular business hours and on the official publicly accessible Internet website of the county. 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 or auditors and the county commissioners with consideration of current budget allocations.

(c)  The controller shall also, on or before the date required by section 123 of the act of July 10, 1987 (P.L.246, No.47), known as the "Municipalities Financial Recovery Act," or the first of July, whichever is first, 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.

(d)  Any controller or auditors refusing or neglecting to file a report with the Department of Community and Economic Development as required by this section shall, upon conviction in a summary proceeding brought at the instance of the department, be sentenced to pay a fine of five dollars ($5) for each day's delay beyond said first day of July and costs. All fines recovered shall be for the use of the Commonwealth.

(1720 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1720.1.  Audit of Additional Accounts.--(a)  It shall be the duty of the controller or county auditors to audit, settle and adjust the accounts of:

(1)  Every parole and probation officer, appointed by the court under law, who shall receive from any person money paid under any order, sentence or judgment of any court, and to report the results of the audits to the court which has appointed the officer.

(2)  Any money appropriated by the county to units of the National Guard.

(3)  Each magistrate or district justice within the county and report the results of the audits to the county commissioners, the Auditor General and to the governing body of each political subdivision which is entitled or has a right to receive any money or funds collected by a magistrate or district justice.

(4)  The treasurer of the county with the State Treasury, and each of the other officers in the county receiving money for the use of the Commonwealth, 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 the treasurer or other officer. A certified copy of the report shall be transmitted to the Auditor General or the Department of Revenue, as the case may be, within ten days after the same is prepared.

(5)  Other county funds as may be prescribed by law for the controller or county auditors to audit, settle and adjust.

(b)  All taxes, penalties, fines and costs collected by the county treasurer and belonging to any taxing district shall be entered and carried in the records of the county in the same manner as county money, shall be audited in like manner, and when paid to the taxing district entitled thereto, as provided by law, payments shall be made on voucher checks in the same manner as payments are made of county money.

(1720.1 added Oct. 24, 2018, P.L.931, No.154)

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Section 1721.  Audit of Accounts by Auditors; Report to Common Pleas; Publications; Financial Report to Department of Community and Economic Development.--(1721 repealed Oct. 24, 2018, P.L.931, No.154)

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Section 1722.  Audit of the Accounts of Parole and Probation Officers and of Appropriations to National Guard Units.--(1722 repealed Oct. 24, 2018, P.L.931, No.154)

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Section 1722.1.  Audit of Accounts of Minor Judiciary.--(1722.1 repealed Oct. 24, 2018, P.L.931, No.154)

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Section 1723.  Accounts and Audits of Moneys Collected for Taxing Units Within the County; Payments.--(1723 repealed Oct. 24, 2018, P.L.931, No.154)

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Section 1724.  Audit of Accounts of Commonwealth Moneys.--(1724 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1724.1s

Section 1724.1.  Audit of Insurance and Escrow Accounts.--For the purposes of this act relating to the auditing of accounts and the purchasing of insurance, money held by any county official in escrow shall be deemed the same as county funds or public money.

(1724.1 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1725.  Power of Subpoena and Attachment.--The controller or auditors 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 accordance with the Pennsylvania Rules of Civil Procedure, 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 books, vouchers and papers relative to such accounts. Such subpoena shall be served and executed by the sheriff or any constable of the county, as the case may require.

(1725 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1726.  Power to Administer Oaths.--The controller or auditors shall have power to administer oaths and affirmations to all persons brought or appearing before them, whether accountants, witnesses or otherwise, and all persons swearing or affirming falsely on such examination shall be guilty of perjury.

19550130u1727s

Section 1727.  Refusal to Obey Subpoena or Submit to Examination.--A person shall be guilty of a misdemeanor for any of the following:

(1)  Refusing to appear or produce documents after being served a subpoena in accordance with this article.

(2)  After appearing before the controller or auditors for examination, refusing to take oath or affirmation.

(3)  After having been sworn or affirmed, refusing to answer questions of the controller or auditors touching the public accounts or the official conduct of any public officers.

(1727 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1728.  Witness Fees.--Witnesses attending before the controller or auditors 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 or auditor, shall be included in the costs assessed against such officer.

19550130u1729s

Section 1729.  Settlement of Accounts on Extraneous Proof.--If any person in possession of books, vouchers or papers relative to public accounts before the controller or auditors shall refuse to produce the same, or if any officer whose accounts are to be settled and adjusted by the controller or auditors shall refuse to attend or submit to examination, the auditors or 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.

19550130u1730s

Section 1730.  Filing Reports.--(a)  The reports of the controller or auditors shall be filed among the records of the court of common pleas of the county.

(b)  The amount of any balance or shortage, or of any expenditure of a kind, or made in a manner, prohibited or not authorized by statute, which causes a financial loss to the county shall be a surcharge against any officer against whom such balance or shortage shall appear, or who by vote, act or neglect, has permitted or approved such expenditure, but no elected or appointed official of a county shall be surcharged for any act, error or omission in excess of the actual financial loss sustained by the county, and any surcharge shall take into consideration as its basis the results of such act, error or omission and the results had the procedure been strictly according to law. The provisions hereof limiting the amount of any surcharge shall not apply to cases involving fraud or collusion on the part of officers, nor to any penalty enuring to the benefit or payable to the Commonwealth.

(c)  The amount of a balance and of any express surcharge found in a report as provided in subsection (b) shall, if no appeal is taken, or after an appeal has been finally determined in favor of the county or the Commonwealth, be entered by the prothonotary as a judgment against the officer. The county or the Commonwealth, as the case may be, may execute on a final judgment under this section against the property of the defaulting officer in accordance with law and rule of court. ((c) added Oct. 24, 2018, P.L.931, No.154)

(1730 amended Dec. 17, 1986, P.L.1683, No.196)

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Section 1731.  Appeals from Reports.--(a)  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.

(b)  The appeal shall be entered by the Commonwealth within four months, and by the county, the officer or taxpayers within sixty days after the filing of the report. No appeal by officers or taxpayers may be allowed, unless within the time of taking the appeal the appellant secures a bond in the sum of one thousand dollars ($1,000) with sufficient surety to prosecute the appeal and to pay the costs of appeal in case, if the appellant is a taxpayer, the appellant fails to obtain a final decision more favorable to the Commonwealth or county than that awarded by the auditors or in case, if the appellant is an officer, the appellant fails to obtain a final decision more favorable to the officer than that awarded by the auditors. Unless the bond is filed as required under this section, the court of common pleas, upon application, shall set aside the appeal.

(c)  Upon appeal to the court of common pleas, the controller or auditors shall be required to establish the validity of the surcharge and shall establish the loss sustained to the county. If the surcharge is upheld on appeal to the court of common pleas, the officer so surcharged shall immediately pay the costs and money due to the county, but only to the extent of actual loss.

(1731 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1732.  Form of Issue on Appeals.--The courts of common pleas shall direct the form in which the issues shall be entered in all appeals from the reports of the county controller or auditors. 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.

19550130u1733s

Section 1733.  Allowance of Attorney Fees.--

(a)  Upon final determination of an appeal taken under section 1731, attorney fees shall be awarded as follows:

(1)  If in the opinion of the court the final determination is more favorable to the officer involved than that awarded by the controller or auditors, the county shall pay reasonable attorney fees or, under clause (3), a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding.

(2)  In the case of an appeal taken by the Commonwealth, the county or taxpayers, if in the opinion of the court the final determination is more favorable to the Commonwealth or county than that awarded by the controller or auditors, the officer who is the subject of the surcharge proceeding shall pay reasonable attorney fees or, under clause (3), a portion of reasonable attorney fees incurred by the Commonwealth, county or taxpayers in connection with the surcharge proceeding.

(3)  If in the opinion of the court the final determination is in part more favorable to the Commonwealth or county and in part more favorable to the officer involved in the surcharge proceeding than that awarded by the controller or auditors, the court may order the Commonwealth or the county to pay a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding or it may order the officer who is the subject of the surcharge proceeding to pay a portion of reasonable attorney fees incurred by the Commonwealth, county or taxpayer in connection with the surcharge proceeding.

(b)  The attorney fees in case of appeals involving accounts other than those of county officers shall be allocated in the court's discretion.

(c)  In adjudications of the official actions of the auditors or controllers other than appeals as provided in section 1731, the court may award reasonable attorney fees to the prevailing party as may be just and equitable. Nothing in this section shall be construed as authorizing personal liability for attorney fees or costs.

(1733 amended Oct. 24, 2018, P.L.931, No.154)

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Section 1734.  Payment of Costs on Appeal.--(1734 repealed Apr. 28, 1978, P.L.202, No.53)

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Section 1735.  Appeals to the Superior or Supreme Court.--(1735 repealed Apr. 28, 1978, P.L.202, No.53)

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Section 1736.  Execution.--(1736 repealed Apr. 28, 1978, P.L.202, No.53)

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Section 1737.  Fines and Forfeited Recognizances.--(1737 repealed Apr. 28, 1978, P.L.202, No.53)

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Section 1738.  Repayment of Money Collected on Forfeited Recognizances.--(1738 repealed Apr. 28, 1978, P.L.202, No.53)

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Section 1739.  Exoneration of Clerk of Courts or County Commissioners.--(1739 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1750h

(c)  Disbursals of County Moneys

 

19550130u1750s

Section 1750.  Claims Against County.--The controller or the county commissioners in counties having no controller shall scrutinize, audit and decide on all bills, claims and demands whatsoever against the county, except such as are otherwise provided for in this subdivision. All persons having such claims shall first present the claims to the controller or to the county commissioners and, if required, make oath or affirmation before the controller or commissioners to the correctness of the claims. The controller or the commissioners, as the case may be, may 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. The controller or commissioners 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 either shall find that any such officer or agent is so interested, except as provided under section 1806, or that there has been any evasion, the controller or commissioners shall refuse to approve the claim.

(1750 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1751s

Section 1751.  Procedure for Approval.--(a)  In counties having a controller, the controller shall date, upon receipt, all bills, claims and demands which the controller approves, and shall forward the bills, claims or demands along with checks therefor to the county commissioners for their approval or, if already approved by the commissioners, for their signatures as provided in this section. If the county commissioners approve payment of a bill, claim or demand, at least two commissioners shall sign the check as properly drawn upon the county treasury. In such cases facsimiles of their signatures may be used. The bill, claim or demand shall be returned to the controller for filing in the controller's office and the check shall be forwarded to the county treasurer. The county treasurer shall sign the check as the treasurer's draft upon the county treasury, but the treasurer shall not sign any check not already signed, as herein provided, by the commissioners and the controller. Every check issued shall include reference to its corresponding bill, claim or demand as well as the number or numbers which may be put upon it by the county treasurer. If the county commissioners refuse to approve any bill, claim or demand, they shall return the same together with the check involved to the controller for filing in the controller's office.

(b)  In counties not having a controller, the county commissioners shall approve each transaction and the check shall be drawn by their chief clerk who shall keep files of the bills, claims or demands involved. At least two commissioners shall sign the checks either personally or by facsimile, and they shall be forwarded, together with a check register or similar description of the corresponding bill, claim or demand providing a clear description of the nature and purpose of the expenditure, to the county treasurer for the treasurer's signature.

(c)  In all cases the canceled checks or official bank record thereof, shall be filed in the office of the county treasurer, but the treasurer shall transmit, at such times as the controller shall establish, a list of all checks paid from the county treasury and not previously transmitted, along with appropriate identification. The county treasurer and the controller in those counties having a controller are authorized to use a facsimile signature on any check which they are required to sign. Nothing in this section shall preclude the receipt or transfer of funds to or from the county, or payment of a bill, claim or demand, by electronic fund transfer, provided that adequate and recognized fiscal and procedural controls, together with proper system security, are in place.

(1751 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1752s

Section 1752.  Claims Not Approved by Controller.--If, upon receipt, the controller does not approve a claim, bill or demand, the controller shall within fifteen days forward it to the county commissioners together with notice that the controller has disapproved the claim, bill or demand or is unable to approve the same and the reasons therefor. The county commissioners shall consider the claim, bill or demand and, if they consider that it should be paid by the county, they shall so notify the controller. If the controller thereafter continues to refuse approval no payment shall be made thereon by the county except pursuant to an order of court upon a proper issue thereto directing the controller to approve payment.

(1752 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1753s

Section 1753.  Reports to Commissioners.--At the request of the commissioners, the controller shall report to the commissioners monthly the amount of outstanding checks registered and the amount of money in the treasury or the amount of any particular unencumbered appropriation items involved.

(1753 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1754s

Section 1754.  Fees of Witnesses and Jurors.--Fees of jurors and witnesses shall be ascertained by the courts of the county entered upon the records thereof and duly certified by their respective clerks to the commissioners being first sworn to or affirmed before the controller or the chief clerk of the commissioners as the case may be.

(1754 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1760h

(d)  County Treasury and County Depositories

 

19550130u1760s

Section 1760.  Receipts and Accounts of Money Due County.--The county treasurer shall receive and receipt for all moneys due or accruing to the county. The treasurer shall keep proper accounts of all moneys received and disbursed. The treasurer's records shall be, at all times during office hours, open to the inspection of the controller and the commissioners, or any of the commissioners in counties having no controller. The treasurer shall issue receipts for all moneys received for the county, and shall transmit the duplicate or triplicate thereof daily to the controller, or to the county commissioners in counties having no controller. Said receipts shall be serially numbered, shall indicate the amount of money received, from whom, on what account and the date. The treasurer shall likewise keep daily records of all disbursals from the county treasury, and shall forward daily records thereof to the controller, or the commissioners as the case may be. The controller, or the chief clerk of the commissioners where there is no controller, shall have the right to review depository account information upon request from the county depository or depositories, without prejudice to the said depositories, of all moneys deposited in the name of the county by the treasurer. In counties having no controller, the treasurer shall render, at least quarterly and oftener, if required, a statement of all moneys received and disbursed since the treasurer's last statement, showing the balance remaining in the accounts and the names of the collectors having arrearages in taxes with the amounts thereof. The treasurer shall state the accounts at the end of each fiscal year, which statement shall be examined by the commissioners and delivered by them to the auditors for settlement.

(1760 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1761s

Section 1761.  Moneys Paid for the Redemption of Unseated Land Sold for Taxes.--(1760 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1762s

Section 1762.  Depositories.--(a)  The county commissioners together with the county treasurer shall, from time to time, designate, by resolution, a depository or depositories for all county funds to be deposited. Such depository or depositories shall be banks, banking institutions or trust companies, located in the Commonwealth.

(b)  (1)  Depositories so designated shall, upon receipt of notice of their selection as a depository of county funds, collateralize deposits of public funds 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," which authorizes financial institutions to pledge collateral in an account in the name of the county, or utilize a letter of credit from the Federal Home Loan Bank, to secure public deposits in excess of Federal Deposit Insurance Corporation insurance limits. The depository shall provide a monthly report within fifteen days after the end of each month to the commissioners in accordance with the reporting requirements in the act of August 6, 1971 (P.L.281, No.72), including the composition of the collateral and related market value.

(2)  Counties may elect to require that any depositories must pledge collateral in an account in the name of the county to collateralize deposits above the Federal Deposit Insurance Corporation limit. These accounts may be custodied with the depository's trust department or at a third-party financial institution. The arrangement with the depository may be governed by a written agreement, approved by the board of directors or loan committee of the depository, with approval reflected in the minutes of the board or committee, which are kept continuously as an official record of the depository and include the following if collateral is pledged instead of a Federal Home Loan Bank Letter of Credit:

(i)  Collateral shall be marked to market daily.

(ii)  Collateral shall be in investments as prescribed in the investment program provided by the board of investment or board of commissioners.

(iii)  If the financial institution serves as the custodian, the pledged collateral shall be held in a separate account, established under the act of August 6, 1971 (P.L.281, No.72), in the depository's trust department.

(iv)  The market value of the pledged collateral shall be at least one hundred and two per centum of the county deposits in excess of federally insured limits.

(v)  A monthly report shall be provided as specified in paragraph (1).

(3)  The depository shall not be required to secure payment of deposits and interest insured by the Federal Deposit Insurance Corporation.

(c)  The county treasurer shall, upon the designation of such depository or depositories, 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 of electronic funds transfer which have been specifically approved by the board of commissioners.

(d)  Neither county commissioners nor treasurer complying with the provisions of this article, nor their surety or sureties, shall be chargeable with losses of county funds caused by the failure or negligence of such depository or depositories.

(1762 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1763s

Section 1763.  Meeting; Number of Depositories.--(1763 repealed Feb. 10, 1956, P.L.1039, No.329)

19550130u1764s

Section 1764.  Designation and Qualification of Depositories.--(1764 repealed Feb. 10, 1956, P.L.1039, No.329)

19550130u1770h

(e)  County Taxation, Borrowing and Transfer of Funds

 

19550130u1770s

Section 1770.  Tax Levies.--(a)  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.

(a.1)  The tax levied in counties of the second class A 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 under section 2707, for the payment of the matters connected with parks and related matters under section 2507. 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. The rate of taxation for payment of interest and principal on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), 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 ($100) of assessed valuation of taxable property.

(a.2)  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. 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.

(b)  No tax for general county purposes in a county of the third, fourth, fifth, sixth, seventh or eighth class, exclusive of the requirements for the payment of rentals to any municipal authority, shall in any one year exceed the rate of twenty-five mills on every dollar of the adjusted valuation, unless the county commissioners by majority action shall, upon due cause shown by resolution, petition the court of common pleas, in which case the court may order a rate of not more than five mills additional to be levied: Provided, however, That the rate of taxation for payment of interest and principal on any indebtedness incurred under 53 Pa.C.S. Pt. VII Subpt. B or any prior or subsequent act governing the incurrence of indebtedness of the county shall be unlimited. Tax for payment of rentals to any municipal authority shall not exceed the rate of ten mills on every dollar of the adjusted valuation and shall be in addition to the twenty-five mill limitation for general county purposes. 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.

(c)  In a county of the fourth, fifth, sixth, seventh or eighth class:

(1)  The rate of taxation fixed for any occupation tax levied by a county shall not in any one year exceed twenty mills. The county commissioners may, by resolution, abolish the levy and collection of occupation taxes for county purposes.

(2)  The county commissioners may levy and collect an annual per capita tax on persons for county purposes.

(3)  Any county which shall become a county of the third class may collect for a period of four years after such status has been certified a per capita tax from any person not in any one year to exceed a total of five dollars ($5) for county purposes.

(d)  In a county of the third, fourth, fifth, sixth, seventh or eighth class:

(1)  No tax shall be levied and collected for county purposes on offices and posts of profits, or on professions, trades and occupations at the same time during which a per capita tax on persons is levied and collected for county purposes.

(2)  Any per capita taxes levied upon and collected from any person shall not in any one year exceed a total of five dollars ($5) for county and institution district purposes.

(3)  Any county may, by ordinance or resolution, exempt any person whose total income from all sources is less than the dollar amount per annum as provided in section 301.1(b) of the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," from any per capita tax levied under this act.

(1770 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1770.1s

Section 1770.1.  Additions and Revisions to Duplicates.--Whenever in any county there is any construction of a building or buildings not otherwise exempt as a dwelling after January first of any year, and such building is not included in the tax duplicate of the county, the authority responsible for assessments in the county shall, upon the request of the board of county commissioners, cause to be inspected and reassessed, subject to the right of appeal and adjustment provided by the act of Assembly under which assessments are made, all taxable property in the county to which major improvements have been made after January first, and to give notice of such reassessments in accordance with 53 Pa.C.S. § 8841(c) (relating to assessment roll and interim revisions) to the authority responsible for assessments, the county commissioners and the property owner. Such property shall then be added to the duplicate and shall be taxable for county purposes at the reassessed valuation for that proportionate part of the fiscal year of the county remaining after the property was improved. Any improvement made during the month shall be computed as having been made on the first of the month. A certified copy of the additions or revisions to the duplicate shall be furnished by the board of county commissioners to the proper tax collector for the county and, within ten days thereafter, the tax collector shall notify the owner of the property of the taxes due the county.

Whenever an assessment is made for a portion of a year as above provided, the same shall be added to the duplicate of the following or succeeding year unless the value of the improvements has already been included in said duplicate.

(1770.1 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1770.2s

Section 1770.2.  Authorization of Excise Tax.--(1770.2 repealed Apr. 20, 2016, P.L.134, No.18)

19550130u1770.2v

 

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.

19550130u1770.3s

Section 1770.3.  Appointment of Auxiliary Board of Assessment Appeals.--(1770.3 repealed Oct. 27, 2010, P.L.895, No.93)

 

Compiler's Note:  Section 7(2) of Act 93 of 2010 provided that all activities initiated under section 1770.3 shall continue and shall remain in full force and effect until revoked, vacated or modified under the Consolidated County Assessment Law (53 Pa.C.S. Ch.88).

19550130u1770.3v

 

Compiler's Note:  The June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (b), was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

19550130u1770.4s

Section 1770.4.  Authorization of Hotel Tax.--(a)  The county commissioners of any county of the third class having a second class A city located therein may impose a hotel tax not to exceed seven per centum of the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to transients. The tax shall be collected by the operator from the patron of the room or rooms and paid over to the county as herein provided. ((a) amended July 12, 2012, P.L.1186, No.143)

(b)  The county commissioners may by ordinance impose requirements for keeping of records, the filing of tax returns and the time and manner of collection and payment of tax. The county commissioners may also impose by ordinance penalties and interest for failure to comply with recordkeeping, filing, collection and payment requirements.

(c)  The treasurer of each county that imposes the tax authorized under this section shall collect the tax and deposit the revenues received from the tax in a special fund established for that purpose. The disposition of the revenues from the special fund shall be as follows: a minimum of forty per centum of all revenues received per annum shall be distributed to the TPA, which shall use them for the appropriate and reasonable operational, marketing and promotional expenses of the TPA. Other tax revenues received and amounting to not more than sixty per centum of total annual revenues shall be distributed to the county, which shall use them for reasonable expenses associated with collection and enforcement of the tax; for county-owned tourist and recreational facilities, sports facilities or visitor centers; for other tourism-related activities as determined by the county commissioners; or for other expenditures, debts or liabilities related to tourism or recreational facilities incurred by municipal authorities as determined by the county commissioners. ((c) amended July 12, 2012, P.L.1186, No.143)

(d)  ((d) deleted by amendment July 12, 2012, P.L.1186, No.143)

(e)  The tax year for a tax imposed under this section shall run concurrently with the calendar year.

(e.1)  An audited report on the income and expenditures incurred by a tourist promotion agency receiving any revenues from the tax authorized under this section shall be submitted annually by the tourist promotion agency to the county commissioners. ((e.1) added July 5, 2005, P.L.38, No.12)

(f)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Consideration."  Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature, or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for any temporary period.

"Hotel."  A hotel, motel, inn, guest house or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; or any place recognized as a hostelry. The term does not include any portion of a facility that is devoted to persons who have an established permanent residence or a college or university student residence hall.

"Occupancy."  The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operator."  An individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a hotel to the public for consideration.

"Patron."  A person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident."  A person who has occupied or has the right to occupancy of a room or rooms in a hotel as a patron or otherwise for a period exceeding thirty consecutive days. (Def. amended Feb. 18, 1998, P.L.156, No.23)

"Room."  A space in a hotel set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)."  An organization, agency or corporation designated to be such by the board of commissioners of the county in which the tax is imposed. The TPA shall be duly established, designated and recognized as the county's TPA in accordance with and pursuant to the act of July 4, 2008 (P.L.621, No.50), known as the "Tourism Promotion Act." (Def. amended July 12, 2012, P.L.1186, No.143)

"Transaction."  The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration is payable to the operator under an express or an implied contract.

"Transient."  An individual who obtains accommodation in a hotel by means of registering at the facility for the temporary occupancy of a room for the personal use of the individual by paying a fee to the operator.

(1770.4 added June 18, 1997, P.L.179, No.18)

 

19550130u1770.5s

Section 1770.5.  Authorization of Five Per Centum Hotel Tax.--(a)  The county commissioners of any county of the third class having a population under the 1990 Federal Decennial Census in excess of 237,000 residents, but less than 240,000 residents, may impose a hotel tax not to exceed five per centum of the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to transients. The tax shall be collected by the operator from the patron of the room or rooms and paid over to the county as herein provided.

(b)  The county commissioners may by ordinance impose requirements for keeping of records, the filing of tax returns and the time and manner of collection and payment of tax. The county commissioners may also impose by ordinance penalties and interest for failure to comply with recordkeeping, filing, collection and payment requirements.

(c)  The county commissioners of each county shall designate the entity or agency responsible to collect and to enforce the collection of the tax on their behalf. All revenues received from the tax shall be deposited into a special fund, which is to be established by the county's treasurer. The disposition of the revenues from the special fund attributable to the levy of the first two per centum of the tax shall be as follows:

(1)  twenty per centum of all revenues received per annum shall be distributed by the treasurer to a city of the third class in the county of the third class imposing the tax for the appropriate and reasonable marketing and promotional expenses of promoting tourism in the city of a third class and the costs associated with the renovation, rehabilitation, extension, furnishing, equipping, substantial repair or construction of a tourism-related facility located within the city of the third class, including for payment of the debt service on bonds issued for such projects;

(2)  ten per centum of all revenues received per annum shall be distributed by the treasurer to the county commissioners who may accept the funds which may be used for tourism and regional promotion purposes to be determined by the county commissioners, or, if the county commissioners elect not to accept the funds, the funds shall be distributed by the treasurer to the TPA for the appropriate and reasonable marketing and promotional expenses of the TPA in promoting tourism in the county of the third class imposing the tax, excluding promotion of a city of the third class receiving revenues under clause (1); and

(3)  seventy per centum of all revenue received per annum shall be distributed by the treasurer to qualified authorities located within the county of the third class imposing the tax for payment of the debt service on bonds issued for the construction of a county regional sports facility having a seating capacity of two and one-half thousand to fourteen thousand seats, which is owned, in whole or in part, or leased by the applicable authority, and which is located within the county of the third class imposing the tax. The following are qualified authorities for purposes of this clause:

(i)  an authority incorporated pursuant to the former act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945";

(ii)  an industrial or commercial development authority incorporated pursuant to the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law"; and

(iii)  a redevelopment authority incorporated pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law."

((3) amended Apr. 20, 2016, P.L.134, No.18)

(c.1)  The disposition of the revenues from the special fund attributable to the levy of the third per centum of the tax, if levied, shall be distributed at the discretion of the county commissioners and used solely for tourism and regional promotion purposes.

(c.2)  The disposition of the revenues from the special fund attributable to the levy of the remaining two per centum of the tax shall be distributed by the treasurer as follows:

(1)  fifty per centum shall be distributed to the TPA for the appropriate and reasonable marketing and promotional expenses for promoting tourism in the county imposing the tax; and

(2)  fifty per centum shall be distributed as follows:

(i)  Seventy-five per centum to an authority incorporated pursuant to the former "Municipality Authorities Act of 1945" located within the county of the third class currently imposing a tax for payment of the debt service on bonds issued for the construction of a county regional sports facility having a seating capacity of two and one-half thousand to fourteen thousand seats, which is owned, in whole or in part, or leased by the applicable authority, and which is located within the county of the third class imposing the tax. Such authority shall use the tax distribution identified in this section for the improvement, support, rehabilitation, revitalization, construction, fit-out and reconstruction of one or more tourism or tourism infrastructure-related facilities, including, but not limited to, the payment of debt service on bonds related thereto.

(ii)  Twenty-five per centum shall be distributed to the TPA for the appropriate and reasonable marketing and promotional expenses of promoting tourism in a city of the third class located within the county of the third class imposing the tax, and the same shall be used in accordance with a plan approved by the TPA.

((c.2) amended Apr. 20, 2016, P.L.134, No.18)

(d)  The treasurer of each county electing to impose the tax authorized under this section shall collect the tax from the entity or agency designated by the county commissioners to collect and to enforce the collection of the tax and shall deposit the revenues received from the tax in a special fund established for that purpose.

(e)  The tax year for a tax imposed under this section shall run concurrently with the calendar year.

(e.1)  An audited report on the income and expenditures incurred by a tourist promotion agency receiving any revenues from the tax authorized under this section shall be submitted annually by the tourist promotion agency to the county commissioners.

(f)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Consideration."  Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for any temporary period.

"Debt service on bonds."  Any cost related to the issuance, refinancing, refunding or payment or any other costs associated with the issuance and maintenance of bonds or notes by an authority or a city of the third class.

"Hotel."  A hotel, motel, inn, guest house or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; or any place recognized as a hostelry. The term does not include any portion of a facility that is devoted to persons who have an established permanent residence or a college or university student residence hall.

"Occupancy."  The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operator."  An individual, partnership, nonprofit or profit-making association or corporation, or other person or group of persons who maintains, operates, manages, owns, has custody of or otherwise possesses the right to rent or lease overnight accommodations in a hotel to the public for consideration.

"Patron."  A person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident."  A person who has occupied or has the right to occupancy of a room or rooms in a hotel as a patron or otherwise for a period exceeding thirty consecutive days.

"Room."  A space in a hotel set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)."  An organization, agency or corporation designated to be such by the board of commissioners of the county in which the tax is imposed. The TPA shall be duly established, designated and recognized as the county's TPA in accordance with and pursuant to the act of April 28, 1961 (P.L.111, No.50), known as the "Tourist Promotion Law."

"Transaction."  The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration is payable to the operator under an express or an implied contract.

"Transient."  An individual who obtains accommodation in a hotel by means of registering at the facility for the temporary occupancy of a room for the personal use of the individual by paying a fee to the operator.

(1770.5 amended Dec. 18, 2007, P.L.465, No.72)

19550130u1770.5v

 

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.

19550130u1770.6s

Section 1770.6.  Authorization of Hotel Tax.--(1770.6 repealed Apr. 20, 2016, P.L.134, No.18)

19550130u1770.7s

Section 1770.7.  Authorization of Five Per Centum Hotel Tax.--(a)  The county commissioners of any county of the fifth class having a population under the 2010 Federal Decennial Census in excess of 101,000 residents, but less than 102,000 residents, may impose a hotel tax not to exceed five per centum of the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to transients. The tax shall be collected by the operator from the patron of the room or rooms and paid over to the county as herein provided.

(b)  The provisions of subsection (b.1) notwithstanding, county commissioners may by ordinance impose requirements for keeping of records, the filing of tax returns and the time and manner of collection and payment of tax. The county commissioners may also impose by ordinance penalties and interest for failure to comply with recordkeeping, filing, collection and payment requirements.

(b.1)  Each operator of a hotel within a county that imposes the tax authorized under this section shall submit to an audit of hotel tax revenue. The audit shall be conducted by the county commissioners and shall consist, at a minimum, of determining the total amount of consideration received by the operator from transactions of renting a room or rooms to transients during the period being audited and the total amount of hotel tax revenue collected. The county commissioners or their duly authorized agents shall conduct at least one audit annually and shall bear the costs of the audit.

(c)  The treasurer of each county that imposes the tax authorized under this section shall collect the tax and deposit the revenues received from the tax in a special fund established for that purpose. Subject to the deduction of the administrative fee authorized by subsection (e.2), the disposition of the revenues from the TPA hotel tax fund shall be as follows:

(1)  Seventy-five per centum of all revenues received per annum shall be used by the county's recognized TPA for the promotion, advertising and marketing of tourism and special events and for administrative costs.

(2)  Twenty-five per centum of all revenues received per annum shall be distributed as follows:

(i)  Fifty per centum shall be used by the county commissioners for the purposes of economic development and historic preservation.

(ii)  Fifty per centum shall be used by the county commissioners for grants to municipalities that:

(A)  have a municipal police department employing at least two full-time police officers assigned to law enforcement duties who work a minimum of two hundred days per year; or

(B)  are a member of a regional police department that provides full-time police services to the municipality pursuant to an agreement or contract.

(iii)  Municipalities receiving grants under subclause (ii) must meet or have met the eligibility requirements under subclause (ii)(A) or (B) for a minimum of two years prior to receiving the grant.

(d)  ((d) deleted by amendment)

(d.1)  Grants under subsection (c)(2)(ii) shall be distributed to municipalities in proportion to the number of hotel rooms within the municipality as a percentage of the total number of hotel rooms in municipalities with police departments under subsection (c)(2)(ii) as compiled by the recognized TPA and certified by the county commissioners. Grants shall be used for police and law enforcement purposes. Any portion of a grant not used for police and law enforcement purposes shall be returned to the county for the purposes of subsection (c)(2)(i).

(e)  The tax year for a tax imposed under this section shall run concurrently with the calendar year.

(e.1)  An audited report on the income and expenditures incurred by a tourist promotion agency receiving any revenues from the tax authorized under this section shall be submitted annually by the tourist promotion agency to the county commissioners.

(e.2)  The county may deduct and retain an administrative fee from the taxes collected under this section. The administrative fee established by the county may not exceed in any tax year the lesser of:

(1)  four and one-half per centum of all taxes collected under this section; or

(2)  ninety-five thousand dollars ($95,000), which amount shall be adjusted biannually, beginning two years after the effective date of this subsection, by the percentage growth in the Consumer Price Index for All Urban Consumers.

(e.3)  Revenue collected from the fee imposed under subsection (e.2) shall be used for the following purposes:

(1)  Defraying the costs associated with the collection and administration of the tax.

(2)  Defraying the costs of the review required under subsection (b.1).

(f)  As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Consideration."  Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature, or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for any temporary period.

"Hotel."  A hotel, motel, inn, guest house or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; or any place recognized as a hostelry. The term does not include any portion of a facility that is devoted to persons who have an established permanent residence or a college or university student residence hall.

"Occupancy."  The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operator."  An individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a hotel to the public for consideration.

"Patron."  A person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident."  A person who has occupied or has the right to occupancy of a room or rooms in a hotel as a patron or otherwise for a period exceeding thirty consecutive days.

"Room."  A space in a hotel set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)."  An organization, agency or corporation designated to be such by the board of commissioners as of January 1, 2000, of the county in which the tax is imposed. The TPA shall be duly established, designated and recognized as the county's TPA in accordance with and pursuant to the act of July 4, 2008 (P.L.621, No.50), known as the "Tourism Promotion Act."

"Transaction."  The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration is payable to the operator under an express or an implied contract.

"Transient."  An individual who obtains accommodation in a hotel by means of registering at the facility for the temporary occupancy of a room for the personal use of the individual by paying a fee to the operator.

(1770.7 amended July 12, 2012, P.L.1182, No.142)

19550130u1770.8s

Section 1770.8.  Hotel Room Rental Tax in Certain Third Class Counties.--(a)  A county may, by ordinance, impose a tax which shall be known as the hotel room rental tax on the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to accommodate temporary residents. The tax shall be collected by the operator from the patron of the room and paid over to the county where the hotel is located as provided under this section.

(b)  The tax imposed under subsection (a) shall be equal to four per centum of the consideration received from each transaction of renting a room or rooms to accommodate temporary, not permanent, residents.

(c)  The tax shall be collected by the operator from the patron and paid over to the county where the hotel is located. The county executive of each county is hereby authorized to establish rules and regulations governing the collection of the tax, which collection shall not occur more often than monthly and not less than quarterly.

(d)  Money received under subsection (c) and interest accrued shall be distributed by the fiscal officer of each county as follows:

(1)  Each county shall within ten days of receipt transmit sixty-eight and three-quarters per centum of the money collected in that county to the regional tourist promotion agency which serves more than one county and which is designated by the governing body of the county to be eligible for grants from the Department of Community and Economic Development pursuant to the act of April 28, 1961 (P.L.111, No.50), known as the "Tourist Promotion Law."

(2)  Each county shall retain eighteen and three-quarters per centum of the money collected in that county for the further development of tourism facilities and for community development initiatives within that county that enhance regional tourism.

(3)  Each county shall retain twelve and one-half per centum of the money collected in that county for the further development of facilities and for marketing purposes within that county to enhance regional tourism.

(e)  The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Consideration."  Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for a temporary period.

"County."  Any county which is, on June 22, 2000, a county of the third class having a population under the 1990 Federal Decennial Census in excess of 290,000 residents but less than 295,000 residents or a county of the third class having a population under the 1990 Federal Decennial Census in excess of 245,000 residents but less than 250,000 residents.

"Hotel."  A hotel, motel, inn, guesthouse or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; or any place recognized as a hostelry. The term does not include any portion of a facility that is devoted to persons who have an established permanent residence or a college or university student residence hall or any private campground or any cabins, public campgrounds or other facilities located on State land.

"Joint planning commissions."  A commission established by ordinance or membership of two or more municipalities to encourage planning for future development and to coordinate planning with neighboring municipalities, counties and other government agencies in accordance with Article XI of the act of July 31, 1968 (P.L.805, No.247), known as the "Pennsylvania Municipalities Planning Code."

"Operator."  Any individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a building to the public for consideration.

"Patron."  Any person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident."  Any person who has occupied or has the right to occupy a room or rooms in a hotel as a patron or otherwise for a period exceeding thirty consecutive days.

"Room."  A space in a building set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one bed or other sleeping accommodations provided.

"Temporary resident."  Any person who has occupied or has the right to occupy a room or rooms in a hotel as a patron or otherwise for a period of time not exceeding thirty consecutive days.

"Transaction."  The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration emanates to the operator under an expressed or implied contract.

"Transient."  Any person who obtains an accommodation in any hotel for himself by means of registering at the facility for the temporary occupancy of a room for the personal use of that individual by paying to the operator of the facility a fee in consideration therefor.

(1770.8 added July 5, 2005, P.L.38, No.12)

19550130u1770.8v

 

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.

19550130u1770.9s

Section 1770.9.  Assessment of Signs and Sign Structures.--(1770.9 repealed Oct. 27, 2010, P.L.895, No.93)

 

Compiler's Note:  Section 7(2) of Act 93 of 2010 provided that all activities initiated under section 1770.9 shall continue and shall remain in full force and effect until revoked, vacated or modified under the Consolidated County Assessment Law (53 Pa.C.S. Ch.88).

19550130u1770.9v

 

Compiler's Note:  Section 1770.9 was added to the County Code by Act 142 of 2006. Section 6 of Act 142 provides that the section is to apply retroactively to real property assessments for taxes levied and collected for fiscal periods of political subdivisions beginning on or after January 1, 2005, and section 4 prohibits the amendment from being interpreted either as authorizing, ratifying, or affirming any assessment of signs or sign structures as real property, or as creating an implication that The General County Assessment Law, the act of May 22, 1933 (P.L.853, No.155), should not be applied uniformly.

19550130u1770.10s

Section 1770.10.  Hotel Room Rental Tax in Third through Eighth Class Counties.--(a)  A county may, by ordinance, impose a tax which shall be known as the hotel room rental tax on the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to accommodate transients. The tax shall be collected by the operator from the patron of the room and paid over to the county where the hotel is located as provided under this section.

(b)  The rate of tax imposed under this section shall not exceed five per centum.

(c)  The treasurer of each county electing to impose the tax authorized under this section shall collect the tax and deposit the revenues received from the tax in a special fund established for that purpose. Subsequent to the deduction for administrative costs established in subsection (i), the county shall distribute to the recognized tourist promotion agency all revenues received from the tax not later than sixty days after receipt of the tax revenues.

(d)  The revenues from the special fund shall be used by the recognized tourist promotion agency for any of the following purposes:

(1)  Marketing the area served by the agency as a leisure travel destination.

(2)  Marketing the area served by the agency as a business, convention or meeting travel destination.

(3)  Using all appropriate marketing tools to accomplish these purposes, including, but not limited to, advertising, publicity, publications, direct marketing, sales, technology and participation in industry trade shows that attract tourists or travelers to the area served by the agency.

(4)  Programs, expenditures or grants that are directly and substantially related to tourism or a business, convention or meeting travel destination within the county, augment and do not compete with private sector tourism or travel efforts and improve and expand the county as a destination market as deemed necessary by the recognized tourist promotion agency. The following shall apply to grants awarded under this paragraph:

(i)  Grants require a cash or in-kind local match of at least 25%.

(ii)  Grants may not be used for signage that promotes a specific private entity on the situs of that entity, except where the signage also carries the logo of a recognized tourist promotion agency.

(5)  Any other tourism or travel marketing or promotion program, expenditure or project that does not compete with private sector tourism or travel efforts as deemed necessary by the recognized tourist promotion agency.

(e)  Each taxable year for any tax imposed under this section shall run concurrently with the county's fiscal year.

(f)  An audited report or financial statement, as determined by the county in consultation with the recognized tourist promotion agency, on the income and expenditures incurred by a recognized tourist promotion agency receiving any revenues from the tax authorized under this section shall be submitted annually by the recognized tourist promotion agency to the county commissioners.

(g)  (1)  If a recognized tourist promotion agency fails to submit an annual audit report or financial statement required under subsection (f) within ninety days of the end of the recognized tourist promotion agency's fiscal year, the corresponding county may withhold tax revenues collected and deposited in a special fund under this section until the required annual audit report or financial statement is submitted to the county.

(2)  In the event the county does not take action under paragraph (1) within one hundred twenty days of the end of the recognized tourist promotion agency's fiscal year, the Secretary of Community and Economic Development may require the county to withhold tax revenues collected and deposited in a special fund under this section until the required annual audit report or financial statement is submitted to the county and the Department of Community and Economic Development.

(h)  Any board member, director, officer or employe of a recognized tourist promotion agency shall disclose to the recognized tourist promotion agency the nature of any conflict of interest or financial interest and recuse himself or herself from any action taken on behalf of the recognized tourist promotion agency which may result in a private pecuniary benefit to the individual, a member of the individual's immediate family or a business with which the individual or a member of the individual's immediate family is associated.

(i)  For the purposes of defraying the costs associated with the collection of the tax imposed under this section and otherwise performing its obligations under this section, the county may deduct and retain an administrative fee from the taxes collected under this section. The administrative fee shall be established by the county but shall not exceed four per centum of the taxes collected in any taxable year.

(j)  A penalty of one and one-half per centum per month shall be imposed upon the operator of a hotel for failure to timely collect and remit the tax authorized by this section. In addition to other remedies available for collection of debts, the county may file a lien upon the hotel in the name of the county and for the use of the county as provided by law.

(k)  The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Bed and breakfast" or "homestead."  A public accommodation consisting of a private residence, which contains ten or fewer bedrooms, used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room.

"Cabin."  A permanent structure with beds and running water that is located on a campground on State land or private property and is available to provide overnight lodging for consideration to persons seeking temporary accommodations. The term does not include a yurt or walled tent.

"Conflict of interest."  Use by a board member, director, officer or employe of a recognized tourist promotion agency of the authority of his or her office or employment or any confidential information received through his or her capacity in relation to a recognized tourist promotion agency for the private pecuniary benefit of himself or herself, a member of his or her immediate family or a business with which he or she or a member of his or her immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes a board member, director, officer or employe, a member of his or her immediate family or business with which he or she or a member of his or her immediate family is associated.

"Consideration."  Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for a temporary period.

"County."  Any county of the third through eighth class that was authorized to levy a hotel occupancy or room rental tax under the former section 1770.2 or 1770.6.

"Hotel."  A hotel, motel, inn, guesthouse, rooming house, bed and breakfast, homestead or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; any place recognized as a hostelry or any cabin. The term does not include any of the following:

(1)  A charitable institution.

(2)  A portion of a facility that is devoted to persons who have an established permanent residence.

(3)  A college or university student residence hall currently occupied by students enrolled in a degree program.

(4)  An educational or religious institution camp for children, including a camp registered under the act of November 10, 1959 (P.L.1400, No.497), entitled "An act providing for the annual registration of organized camps for children, youth and adults; defining the duties of the Department of Health of the Commonwealth of Pennsylvania; and prescribing penalties."

(5)  A hospital.

(6)  A nursing home.

(7)  Part of a campground that is not a cabin.

"Immediate family."  A spouse, parent, brother, sister or child.

"Marketing."  An action by a recognized tourism promotion agency that includes, but is not limited to, promoting and encouraging visitors to visit a specific county, counties or geographic region.

"Occupancy."  The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operator."  Any individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a building to the public for consideration.

"Patron."  Any person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident."  A person who has occupied or has the right to occupancy of a room or rooms in a hotel as a patron or otherwise for a period exceeding thirty consecutive days.

"Recognized tourist promotion agency."  The nonprofit corporation, organization, association or agency which is engaged in planning and promoting programs designed to stimulate and increase the volume of tourist, visitor and vacation business within a county and certified by the county as of the effective date of this subsection or under section 1770.11.

"Room."  A space in a building set aside for use and occupancy by patrons or otherwise, for consideration, having at least one bed or other sleeping accommodations provided.

"Transaction."  The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration emanates to the operator under an expressed or implied contract.

"Transient."  An individual who obtains accommodation in a hotel by means of registering at the facility for the temporary occupancy of a room for the personal use of the individual by paying a fee to the operator.

(1770.10 added Apr. 20, 2016, P.L.134, No.18)

19550130u1770.10v

 

Compiler's Note:  See section 4 of Act 18 of 2016 in the appendix to this act for special provisions relating to construction of law.

19550130u1770.11s

Section 1770.11.  Certification of Recognized Tourist Promotion Agencies.--(a)  A county may certify a nonprofit corporation, organization, association or agency to serve as the county's recognized tourist promotion agency. The county may not have more than one recognized tourist promotion agency.

(b)  (1)  A county must certify a recognized tourist promotion agency under subsection (a) by proper resolution of the governing body of the county, concurred in by resolution of the governing bodies of cities, boroughs, towns or townships within the county which have an aggregate of more than fifty per centum of the total population of the county as determined by the most recently completed Federal decennial census.

(2)  A recognized tourist promotion agency shall operate until that agency has dissolved as an entity, withdrawn its certification or has been decertified by the county under subsection (c).

(c)  (1)  Notwithstanding any other provision of law, a county may decertify a recognized tourist promotion agency by proper resolution of the governing body of a county, concurred in by resolution of the governing bodies of cities, boroughs, towns or townships within the county which have an aggregate of more than sixty-five per centum of the total population of the county as determined by the most recently completed Federal decennial census.

(2)  The county shall hold at least one public hearing on decertification no less than seven days before a meeting to adopt a resolution under this subsection.

(3)  This subsection shall apply to recognized tourist promotion agencies, regardless of the date on which they were recognized under the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act, or certified by the county under this section.

(1770.11 added Apr. 20, 2016, P.L.134, No.18)

19550130u1770.12s

Section 1770.12.  Hotel Room Rental in Second Class and Second Class A Counties.--

(a)  (1)  The county commissioners in each county of the second class are authorized to impose an excise tax at five per centum on the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to accommodate transients.

(2)  The county commissioners in each county of the second class A are authorized to impose an excise tax not to exceed five per centum on the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to accommodate transients.

(3)  The tax shall be collected by the operator from the patron of the room and paid over to the county as provided in this section.

(b)  The treasurer of each county of the second class electing to impose the tax authorized under this section is directed to collect the tax and to deposit the revenue received from the tax in a special fund. The revenues shall be distributed by the county commissioners as follows:

(1)  Except as set forth in clause (4), two-fifths of the revenue received by the county from the excise tax shall be distributed to a tourist promotion agency pursuant to section 2199.14 of the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code."

(2)  Except as set forth in clause (4), one-third of the tax collected by hotels within a municipality where a convention center or exhibition hall is located, less the cost of collecting the tax, shall, at the request of that municipality, be returned to that municipality for deposit in that municipality's special fund established solely for purposes of paying for promotional programs implemented by a nonprofit organization which are designed to stimulate and increase the volume of conventions and visitors within the municipality or as provided in clause (5), subject to the following requirements:

(i)  An audited report on the income and expenditures incurred by the municipality receiving funds from the excise tax on hotel room rentals shall be made annually to county.

(ii)  The members of the board of directors or other governing body of the nonprofit organization utilized by the municipality to provide the promotional programs shall be appointed by the governing body of the municipality.

(2.1)  Except as set forth in clause (4), a five per centum fee shall be paid to the county for collecting the tax.

(3)  Except as set forth in clause (4), all remaining revenue from the tax received by the county, after paying the amounts set forth in clauses (1), (2) and (2.1), shall be used for operational and maintenance expenditures of the convention center or exhibition hall as provided in subsection (d) and for regional tourist promotion activities.

(4)  Subject to clause (4.1), if bonds are issued by the public authority to provide permanent financing or refinancing of the expansion of and capital improvements to the convention center or exhibition hall, the revenue received from the tax and deposited in the special fund shall not be distributed as set forth in clauses (1) through (3) but shall be distributed by the county commissioners in the order of priority as follows:

(i)  First, to the payment of all amounts set forth in clause (2).

(ii)  Second:

(A)  to the trustee for the bonds in accordance with the provisions of the indenture pursuant to which the bonds are issued, to be used for the payment of debt service on the bonds; and

(B)  to the payment of all amounts set forth in clause (2.1):

(I)  in full; or

(II)  if the revenues are insufficient to make the payment in full, pro rata.

(iii)  Third, to the payment of all amounts set forth in clause (1).

(iv)  Fourth, as set forth in clause (3).

(4.1)  Clause (4) shall not apply to bonds issued subsequent to the permanent financing for purposes of completion or subsequent expansions or capital improvements.

(5)  If a convention center or exhibition hall discontinues operation in a municipality in which a convention center or exhibition hall is located, the municipality shall continue to collect and receive the tax, which shall be deposited by the municipality and used for the purposes as provided in clause (2).

(c)  The treasurer of each county of the second class A electing to impose the tax authorized under this section is directed to collect the tax and to deposit the revenue in a special fund established solely for purposes of travel and tourism promotion and advertising related to travel and tourism promotion. The treasurer is authorized to establish rules and regulations concerning the collection of the tax.

(d) (1)  In counties of the second class, expenditures from the fund established under subsection (b) shall be used for all purposes which a public authority may determine to be reasonably necessary to the support, operation and maintenance of a convention center or exhibition hall, including the following:

(i)  Advertising and publicizing tourist attractions in the area served by the recognized tourist promotion agency.

(ii)  Promoting and otherwise encouraging the use of the facilities in the area served by the recognized tourist promotion agency by the public as a whole.

(iii)  Promoting and attracting conventions, exhibitions and other functions to utilize facilities in the area served by the recognized tourist promotion agency.

(iv)  Precompletion advertising and publicizing of any convention center or exhibition hall.

(v)  Promoting and attracting conventions, exhibitions and other functions to utilize the convention center or exhibition hall.

(vi)  Promoting and otherwise encouraging the use of the premises by the public as a whole or any segment of the public.

(vii)  Operating, furnishing and otherwise maintaining and equipping the premises and realty appurtenant to the premises.

(viii)  Furnishing and equipping the building and grounds.

(2)  It is the intention of this subsection that the receipts from any tax imposed under this section after payment of the distributions under subsection (b)(1), (2), (2.1), (3) and (4) be used in the county to offset the entire operating deficit, if any, of any convention center or exhibition hall including equally, shares of any cooperating political subdivision or agency of government incurred pursuant to any agreement. The operating deficit shall be determined by the public authority which is the designated operating agency of the convention center or exhibition hall.

(e) (1)  In counties of the second class A, expenditures from the fund established under subsection (c) shall be annually appropriated by the county commissioners for tourist promotion activities, to be executed by the recognized tourist promotion agency for the following:

(i)  Marketing the area served by the recognized tourist promotion agency as a leisure travel destination.

(ii)  Marketing the area served by the recognized tourist promotion agency as a convention, business or meeting travel destination.

(iii)  Marketing the area served by the recognized tourist promotion agency to the public as a whole for use of its tourist and convention facilities.

(iv)  Using all appropriate marketing tools to accomplish these purposes, including advertising, publicity, publications, direct marketing, sales, technology and participation in industry trade shows that attract tourists or travelers to the area served by the recognized tourist promotion agency.

(v)  Programs, expenditures or grants that directly and substantially relate to tourism or a business, convention or meeting travel destination within a county of the second class A, that augment and do not compete with private sector tourism or travel efforts and that improve and expand a county of the second class A as a destination market as deemed necessary by the recognized tourist promotion agency. The following shall apply to grants awarded under this subclause:

(A)  Grants shall have a cash or in-kind local match of at least twenty-five per centum.

(B)  Grants may not be used for signage that promotes a specific private entity on the situs of the entity, except where the signage carries the logo of a recognized tourist promotion agency.

(vi)  Any other tourism or travel marketing or promotion program, expenditure or project that does not compete with private sector tourism or travel efforts as deemed necessary by the recognized tourist promotion agency.

(2)  For the purposes of defraying the costs associated with the collection of the tax imposed under this section and otherwise performing their obligations under this section, the county commissioners of a county of the second class A may deduct and retain an administrative fee from the taxes collected under this section. The administrative fee shall be established by the county of the second class A and shall not exceed four per centum of the taxes collected in any taxable year.

(3)  As determined by a county of the second class A in consultation with the recognized tourist promotion agency, an audited report or financial statement of the income and expenditures incurred by a recognized tourist promotion agency receiving revenue from the tax authorized under this section shall be submitted annually by the recognized tourist promotion agency to the county commissioners.

(4)  A penalty of one and one-half per centum per month shall be imposed upon the operator of a hotel in a county of the second class A for failure to timely collect and remit the tax authorized by this section. In addition to other remedies available for collection of debts, a county of the second class A may file a lien upon the hotel in the name of the county and for the use of the county as provided by law.

(f) (1)  The provisions of this section relating to counties of the second class shall remain in force from year to year. The following apply:

(i)  Revenue in excess of amounts needed to pay the distributions under subsection (b.1)(1), (2), (2.1), (3) and (4) and to offset operating deficits under subsections (b.1)(3) and (d) shall be determined by the public authority and may be accumulated.

(ii)  At the discretion of the cooperating political subdivisions and the public authority, any revenue may be used to:

(A)  provide part or all of an annual payment to be paid by a county or a political subdivision under an agreement with a public authority created under the act of July 29, 1953 (P.L.1034, No.270), known as the Public Auditorium Authorities Law, which has been designated as the operating agency for a convention center or exhibition hall; or

(B)  effect necessary expansion or further capital improvements.

(2)  The provisions of this section relating to counties of the second class A shall remain in force and effect for three years from February 14, 1986, and may be continued thereafter by ordinance or resolution of the county commissioners of the respective counties.

(g)  Each taxable year for a tax imposed under this section shall run concurrently with the calendar year.

(h)  The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Cabin."  A permanent structure with beds and running water that is located on a campground on State land or private property and is available to provide overnight lodging for consideration to persons seeking temporary accommodations. The term does not include a yurt or walled tent.

"Consideration."  Receipts, fees, charges, rentals, leases, cash, credits, property or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room in a hotel for a temporary period.

"Convention center or exhibition hall."  A building or series of buildings:

(1)  at least one of which contains a minimum of 75,000 gross square feet of exhibition space for shows and conventions;

(2)  which are not used for the retail sale of merchandise or part of any shopping center, mall or other retail center; and

(3)  a major function of which is to house meetings, exhibitions, shows, conventions, assemblies, convocations and similar gatherings. The term includes land appurtenant to the building or buildings.

"Cooperating political subdivision or agency of government." A city or public authority located in a county:

(1)  within the boundaries of which a convention center or exhibition hall is planned or constructed; and

(2)  which shares with the county duties, obligations or privileges with respect to that convention center.

"Hotel."  A hotel, motel, inn, guesthouse, rooming house, bed and breakfast, homestead or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; any place recognized as a hostelry or any cabin. The term does not include any of the following:

(1)  A charitable institution.

(2)  A portion of a facility that is devoted to persons who have an established permanent residence.

(3)  A college or university student residence hall currently occupied by students enrolled in a degree program.

(4)  An educational or religious institution camp for children, including a camp registered under the act of November 10, 1959 (P.L.1400, No.497), entitled "An act providing for the annual registration of organized camps for children, youth and adults; defining the duties of the Department of Health of the Commonwealth of Pennsylvania; and prescribing penalties."

(5)  A hospital.

(6)  A nursing home.

(7)  Part of a campground that is not a cabin.

"Municipality."  Notwithstanding 53 Pa.C.S. § 8401 (relating to definitions), a township or borough or a home rule municipality which was formerly a township or borough.

"Occupancy."  The use or possession or the right to the use or possession by any person other than a permanent resident of a room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operating deficit."  The excess of expenses over receipts from the operation and management of a convention center or exhibition hall.

"Operator."  Any individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons that maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a hotel to the public for consideration.

"Patron."  A person that pays the consideration for the occupancy of a room in a hotel.

"Permanent resident."  An individual who has occupied or has the right to occupancy of a room in a hotel as a patron or otherwise for a period exceeding thirty consecutive days.

"Recognized tourist promotion agency."  The nonprofit corporation, organization, association or agency which is engaged in planning and promoting programs designed to stimulate and increase the volume of tourist, visitor and vacation business within a county and certified by the county pursuant to the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

"Regional tourist promotion activities."  Services, activities, facilities and events, which result in a significant number of nonresidents visiting a county of the second class for recreational, cultural or educational purposes.

"Room."  A space in a hotel set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one bed or other sleeping accommodation.

"Substantial completion."  Construction which is sufficiently completed in accordance with contract documents and certified by the convention center authority's architect or engineer, as modified by change orders so that:

(1)  the main convention area can be used, occupied or operated for its intended use; and

(2)  at least ninety per centum of the work on the main convention or exhibition area is complete.

"Temporary."  A period of time not exceeding thirty consecutive days.

"Transaction."  The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration emanates to the operator under an express or an implied contract.

"Transient."  An individual who obtains accommodation in any hotel for himself by means of registering at the facility for the temporary occupancy of any room for the personal use of that individual by paying to the operator of the facility a fee in consideration for the accommodation.

(1770.12 added Apr. 20, 2016, P.L.134, No.18)

19550130u1770.12v

 

Compiler's Note:  See section 6 of Act 18 of 2016 in the appendix to this act for special provisions relating to continuation of prior law.

19550130u1771s

Section 1771.  Temporary Loans.--Whenever the funds of a county have been exhausted, the county commissioners may borrow money in anticipation of taxes to be collected for the current fiscal year in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), payable on a certain date, not exceeding the last day of the fiscal year in which the tax anticipation note is issued.

(1771 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1772s

Section 1772.  Transfer of Certain Moneys into General Fund of County.--The commissioners may transfer and cover into the general fund of the county 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.

19550130u1773s

Section 1773.  Supplemental Appropriations, Transfers of Funds and Appropriation Limits.--(a)  The commissioners may:

(1)  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.

(2)  Authorize the transfer of:

(i)  Any unencumbered balance of any appropriation item or any portion thereof.

(ii)  Within the same fund, any unencumbered balance or any portion thereof from one spending agency to another.

(3)  During the last fifteen days of a fiscal year, authorize the transfer of any unencumbered balance, or any portion thereof, from any county fund to any fund of the institution district, and to reappropriate that money to the institution district.

(b)  No work shall be hired to be done, no materials purchased, no contracts made and no order issued for the payment of any money by the county commissioners which will cause the sums appropriated to be exceeded.

(1773 added Oct. 24, 2018, P.L.931, No.154)

19550130u1774s

Section 1774.  Banks Authorized to Receive Taxes in Counties of the Second Class A.--The county commissioners together with the county treasurer and the county controller in second class A counties 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 of receiving and receipting for county taxes paid to the deputy county tax collector at the collector's place of business. The county tax collector shall not be held responsible for losses occasioned by the failure of any institution, for money received by it as a deputy. Each 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 money received by it as the deputy during the preceding month. Each 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. An institution shall not be allowed any compensation or commission for acting as a deputy other than expenses actually incurred in transmitting money and records of payments to the county tax collector.

Each institution, before entering upon the duties of receiving and receipting for taxes, shall post security in an amount as determined by the commissioners together with the treasurer and the county controller, to ensure the faithful performance of duties and the payment over of all taxes and money received.

(1774 added Oct. 24, 2018, P.L.931, No.154)

19550130u1780h

(f)  Budgets

 

19550130u1780s

Section 1780.  Fiscal Year and Preparation of Proposed Annual Budget.--(a)  The fiscal year of each county shall begin on the first day of January and end on the thirty-first day of December of each year.

(a.1)  The commissioners, at least ninety days prior to adopting the budget, shall begin the preparation of the proposed budget for the succeeding fiscal year. The budget may be prepared based upon information collected and transmitted by the controller, as under subsection (b), or by the commissioners, a finance department or a designated person employed, and qualified, by the commissioners.

(b)  At the request of the commissioners, but in no case less than sixty days prior to adoption of the budget by the commissioners, the controller shall prepare and transmit to the commissioners:

(1)  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. In counties where the controller is a participant in the development of the budget, the controller shall also include balances projected for the close of the current fiscal year.

(2)  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.

(c)  The information requested by the commissioners in accordance with subsection (a.1) or (b) shall be in form and detail as the commissioners direct upon the form or forms furnished, as under this subdivision, by the Department of Community and Economic Development. 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.

(1780 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1781s

Section 1781.  Preparation of Proposed Annual Budget.--(1781 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1782s

Section 1782.  Adoption of Budget; Publication of Proposed Budget and Notice of Final Action Date.--(a)  The proposed budget shall be prepared and adopted as follows:

(1)  The public shall be given notice by publication in one newspaper of general circulation at least twenty days before the date set for the adoption of the budget that the budget is available for public inspection. The notice shall contain the date set for the adoption of the budget and the manner in which the proposed budget has been made available for public inspection.

(2)  The budget shall be adopted on or before December 31.

(b)  If any revision of the proposed budget is made after it has been published, such that the estimated expenditures in the adopted budget would be increased more than ten per centum in the aggregate over the proposed budget as made available for public inspection, such revised budget shall not be adopted with any such increases therein, unless it be again made available for public inspection, and for protest of such increases, for a period of at least ten days after notice to that effect is published as hereinbefore provided.

(1782 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1782.1s

Section 1782.1.  Amending Budget; Notice.--During the month of January next following any municipal election the commissioners may amend the budget and the levy and tax rate to conform with its amended budget. The county shall provide public notice by publication in one newspaper of general circulation that an amended budget has been proposed and is available for public inspection for a period of ten days at a location specified in the notice. Any amended budget must be adopted by the county commissioners after the public inspection period and no later than the fifteenth day of February.

No such proposed amended budget shall be revised upward in excess of ten per centum in the aggregate.

(1782.1 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1782.2s

Section 1782.2.  Delivery of Tax Duplicates.--(a)  The commissioners shall prepare and deliver the duplicates of taxes assessed to the respective tax collectors together with their warrant for the collection of the same at least fifteen days prior to the date of the tax bill.

(b)  Notwithstanding the provisions of subsection (a), the commissioners shall have the option to make out and deliver the duplicates of taxes assessed to the respective tax collectors together with their warrant for collection of the same no later than the final date for a school district to make out and deliver the duplicates for school real estate taxes under section 682 of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949." The option authorized by this subsection may be exercised only if the county commissioners find that exercise of the option will result in cost savings compared to proceeding under the deadline imposed by subsection (a) and they adopt a resolution that refers to the finding.

(1782.2 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1782.3s

Section 1782.3.  Amending Budget, Levy and Tax Rate; Revising Tax Duplicates; Filing.--At any time prior to the time tax duplicates are sent by the county in any year, the commissioners of any county may amend the budget and the levy and tax rate and revise the tax duplicate to conform with its amended budget when such county shall receive unanticipated revenues which may be expended during such county's fiscal year where such unanticipated revenues may enable the commissioners of such county to reduce the levy and tax rate to conform with its amended budget.

(1782.3 amended Dec. 17, 2001, P.L.919, No.107)

19550130u1783s

Section 1783.  Annual Budget Appropriations and Tax Rate.--The budget shall reflect as nearly as possible the estimated revenues and expenditures for the year for which it is prepared. The commissioners shall, upon adopting the budget, adopt the appropriation measures required to put it into effect, and shall fix such rate of taxation upon the valuation of the property taxable for county purposes as will, together with all other estimated revenues of the county, excluding operating, capital and other reserve funds, raise a sufficient sum to meet the said expenditures.

(1783 amended June 29, 2002, P.L.677, No.103)

19550130u1784s

Section 1784.  Supplemental Appropriations; Transfers of Funds; Appropriation Limits.--(1784 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1784.1s

Section 1784.1.  Take Money and Property by Gift, Etc.--The commissioners may take by gift, grant, devise or bequest any money or property, real, personal or mixed, for the benefit of the county.

(1784.1 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1784.2s

Section 1784.2.  Capital Reserve Fund for Anticipated Capital Expenditures.--(a)  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.

(b)  The county commissioners may annually appropriate moneys from the general county funds, not to exceed ten per centum of the county operating 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 a manner consistent with the provisions of section 1706 relating to the investment of county funds generally. This subsection 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.

(1784.2 added June 29, 2002, P.L.677, No.103)

19550130u1784.3s

Section 1784.3.  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 twenty-five per centum 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;

(2.1)  to counterbalance potential budget deficits resulting from increases in anticipated costs of goods or services; 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 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 1706.

(1784.3 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1785s

Section 1785.  Committee to Prepare Uniform Forms.--(a)  The report forms specified in the foregoing sections of this article shall be prepared by a committee consisting of three representatives from the County Commissioners Association of Pennsylvania, three representatives from the Pennsylvania State Association of County Controllers, three representatives from the Pennsylvania State Association of County Auditors, one certified public accountant, one member of the Senate and one member of the House of Representatives of the General Assembly, who shall be members of the Local Government Commission, designated by the chairman of said commission, and the Secretary of Community and Economic Development or the secretary's agent who shall be a person trained in the field of municipal finance. ((a) amended Oct. 24, 2018, P.L.931, No.154)

(b)  Except for the certified public accountant, who shall be appointed by the Governor, such representatives shall be appointed by the president of each said organization. In the case of representatives of the county commissioners, one shall be appointed from a county of either the third or fourth class, one from a county of either the fifth or sixth class, and one from a county of either the seventh or eighth class. The president of each said organization shall supply to the Department of Community and Economic Development 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.

(c)  The committee shall meet at the call of the Secretary of Community and Economic Development or the secretary's agent, who shall serve as chairman of the committee. The Secretary of Community and Economic Development may call meetings of the committee, and shall do so at the request of the secretary of either of said associations, but in every case there shall be at least two weeks' notice to each member of the committee of any such meeting. ((c) amended Oct. 24, 2018, P.L.931, No.154)

(d)  In preparing the uniform forms for 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.

(e)  It shall be the duty of the Secretary of Community and Economic Development or the secretary's agent to see to it that the forms required by this section are prepared in cooperation with said committee. Should said committee for any reason fail to furnish such cooperation, the Secretary of Community and Economic Development or the secretary's agent shall complete the preparation of the forms. After their preparation, the secretary shall issue said forms and distribute them annually, as needed, to the commissioners, controller or auditors of each county. ((e) amended Oct. 24, 2018, P.L.931, No.154)

(f)  It shall be the duty of the Secretary of Community and Economic Development to include within the report forms specified in this article the changes necessitated by the provisions of this act in regard to property, powers, duties and obligations of institution districts transferred to counties and the committee established by this section shall not be responsible therefor.

(g)  It shall be the duty of the Secretary of Community and Economic Development to convene the committee to assist counties in developing appropriate accounting and fiscal practices in compliance with generally accepted accounting principles.

(1785 amended June 29, 2002, P.L677, No.103)

19550130u1790h

(g)  Sinking Fund Commission

 

19550130u1790s

Section 1790.  Membership.--In each county there may be a sinking fund commission, composed of the commissioners, the controller, or auditors in counties not having a controller, and treasurer.

(1790 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1791s

Section 1791.  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 such 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 interest of the several sinking funds, to sell any bonds held by it other than those of the county itself.

19550130u1792s

Section 1792.  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.

19550130u1793s

Section 1793.  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.

19550130u1794s

Section 1794.  Investment in New County Bonds.--(1794 repealed Dec. 13, 1982, P.L.1131, No.258)

19550130u1795s

Section 1795.  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.

(1795 amended Dec. 13, 1982, P.L.1131, No.258)

19550130u1800h

 

ARTICLE XVIII

CONTRACTS

 

19550130u1800s

Section 1800.  Contracting.--The commissioners may make contracts for lawful purposes and for the purposes of carrying into execution the provisions of this article and the laws of this Commonwealth.

(1800 added Oct. 24, 2018, P.L.931, No.154)

19550130u1801s

Section 1801.  Commissioners Sole Contractors for County Generally.--(a)  In counties of the third, fourth, fifth, sixth, seventh or eighth class, the commissioners shall contract for and purchase all services referred to in section 508 and personal property for county officers and agencies. All contracts and purchases not in excess of the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under subsection (b.1), shall be by note or memorandum, in writing, signed by the commissioners, or their designee. A copy of all notes and memorandums and all executed written contracts, or electronic copies of executed written contracts, shall be filed in the office of the controller, if any, and, if not, then with the chief clerk of the commissioners.

(b)  Except as otherwise provided in section 1802(h)(4), in the case of counties in the third, fourth, fifth, sixth, seventh or eighth class, written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for all contracts in excess of the base amount of ten thousand dollars ($10,000), subject to adjustment under subsection (b.1), 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 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 years.

(b.1)  Adjustments to the base amounts specified under subsections (a) and (b) 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 for purposes of subsections (a) and (b).

(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 for purposes of subsections (a) and (b).

(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 is required under subsection (a) and written or telephonic price quotations are required under subsection (b), respectively, 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 centum.

(c)  The commissioners shall, where possible, anticipate the needs of the various officers, agencies and operations of the county and endeavor to purchase in wholesale quantities, where practicable and where savings could be achieved thereby. The commissioners may make contracts and purchases for all purposes expressly or impliedly authorized by law.

(1801 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1801v

 

Compiler's Note:  Section 3 of Act 86 of 2011, which amended section 1801, provided that Act 86 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 3.

19550130u1802s

Section 1802.  Contract Procedures; Terms and Bonds; Advertising for Bids.--(a)  All contracts for services and personal property where the base amount thereof exceeds the sum of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), shall be written and shall, except as otherwise hereinafter specified, be made by advertising for bids.

(b)  Contracts or purchases in excess of the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), except those specified in subsection (h) 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 submitting a bid in conformity with the specifications approved by the board of commissioners for the contract or purchase, after due notice in one newspaper of general circulation, published or circulating in the county, at least two times at intervals of not less than three 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 successive weeks. The first advertisement shall be published not less than ten days prior to the date fixed for the opening of bids. 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.

(c)  All bids shall be received by the controller, or, in the case of a county of the third, fourth, fifth, sixth, seventh or eighth class, if there be no controller, then by the chief clerk of the commissioners, in sealed envelopes.

(1)  In the case of a county of the second class A, bids shall be opened publicly at a time and place to be designated in the advertisement for bids. All the figures shall be announced publicly by the chief clerk or the chief clerk's designee and referred to the appropriate departments for tabulation without the presence of the commissioners.

(2)  In the case of a county of the third, fourth, fifth, sixth, seventh or eighth class, bids shall be opened publicly at a time and place specified in the advertisement for bids, in the presence of the controller, or chief clerk as the case may be, by the commissioners or their designee. The controller, or the chief clerk as the case may be, shall keep a record of all such bids.

(d)  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, less 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.

(e)  The acceptance of bids by advertising required herein shall be made by the controller, in the case of a county of the second class A, or by the commissioners, in the case of a county of the third, fourth, fifth, sixth, seventh or eighth class, and shall only be made by public announcement at the meeting at which bids are opened, or at a subsequent meeting, the time and place of which shall be publicly announced when bids are so opened. If for any reason the award is not made at either of the above meetings, the same business may be transacted at any subsequent meeting, the time and place of which shall have been announced at the previous meeting held for such award. The contract shall be awarded, or all bids shall be rejected, within thirty 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 (f). All contracts shall be filed with the controller, or with the chief clerk as the case may be, immediately after their execution.

(f)  The commissioners may require, as a necessary condition of considering a bid, that any bids advertised be accompanied by a cashier's check or other irrevocable letter of credit in a reasonable amount drawn upon a bank authorized to do business in this Commonwealth or by a bond with corporate surety in a reasonable amount. In the event any bidder shall, upon award of the contract to the bidder, fail to comply with the requirements of subsection (g) as to security guaranteeing the performance of the contract, the security furnished under this subsection shall be forfeited to the county as liquidated damages.

(g)  Whenever a formal bid is required by this article, the successful bidder may 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 days after the contract has been awarded, unless the commissioners shall prescribe a shorter period. 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 2318 of this act. 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 such security within the time fixed, the previous awards shall be void. Deliveries, performances and guarantees may be required in all cases of expenditures, including the exceptions as under subsection (h).

(h)  The contracts or purchases made by the commissioners which shall not require advertising, bidding or price quotations, as hereinbefore provided, are as follows:

(1)  Those for maintenance, repairs or replacements for water, electric light, or other public works of the county where they do not constitute new additions, extensions or enlargements of existing facilities and equipment. Security may be required by the commissioners as in other cases for work done.

(2)  Those made for improvements, repairs and maintenance of any kind, made or provided by the county through its own employes. This 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 commissioners, which are patented and manufactured 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 tariff with the Pennsylvania Public Utility Commission, contracts made without advertising and bidding shall be made only after receiving written or telephonic price quotations in accordance with the procedures specified in section 1801(b) of this article.

(5)  Those involving 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 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.

(6.1)  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 or chore services provided through area agencies on aging.

(7)  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, council of government, entity created in accordance with 53 Pa.C.S. Ch. 23 Subch. A 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.

(7.1)  In the case of counties of the second class A, those involving the purchase of milk.

(8)  Those exclusively involving construction management services.

(9)  Those involving computer software.

(i)  Notwithstanding the provisions of this article to the contrary, the 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.

(j)  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).

(k)  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.

(1802 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1802v

 

Compiler's Note:  Section 3 of Act 86 of 2011, which amended subsecs. (a) and (b), provided that Act 86 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 3.

19550130u1803s

Section 1803.  Evasion of Advertising Requirements.--(a)  No commissioner or commissioners shall evade the provisions of section one thousand eight hundred two of this act, as to advertising for bids or purchasing or contracting for services and personal properties piece-meal, for the purpose of obtaining prices under the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), 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 1801(b.1). 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. Any commissioner who so votes in violation of this provision and who know that the transaction upon which they so vote 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 shall be, jointly and severally, subject to surcharge for any loss sustained. Wherever it shall appear that a commissioner may have voted in violation of this section, but the purchase or contract on which he so voted was not approved by the board of commissioners, this section shall be inapplicable.

(b)  Any commissioner who votes to unlawfully evade the provisions of section 1802 of this act 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. This penalty shall be in addition to any surcharge which may be assessed pursuant to subsection (a).

(1803 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1803v

 

Compiler's Note:  Section 3 of Act 86 of 2011, which amended section 1803, provided that Act 86 shall apply to contracts and purchases advertised on or after January 1 of the year following the effective date of section 3.

19550130u1804s

Section 1804.  Contracts for One Hundred Dollars ($100) to Seven Hundred Fifty Dollars ($750); Written Bids; Destruction of Files.--(1804 repealed Aug. 25, 1967, P.L.279, No.114)

19550130u1805s

Section 1805.  Sales of Personal Property and Surplus Farm Products.--(a)  No personal property and no surplus farm products of the county shall be disposed of by sale or otherwise, except upon resolution of the commissioners. When the commissioners approve a sale of such property or farm products, they shall estimate the sale value of the entire lot to be disposed of, and, if the estimate be less than two thousand dollars ($2,000), they shall require notice of the proposed sale to be posted, for at least ten days, in a prominent place in the court house, describing and itemizing the property to be sold, and directing that bids may be made thereon at the office of the chief clerk of the commissioners. Thereafter, the commissioners may sell such property in whole or in part for the best price or prices obtainable.

(b)  If the commissioners estimate the sale value of the personal property or of such surplus farm products to be sold at two thousand dollars ($2,000) or more, the entire lot shall be advertised for sale, once, in at least one newspaper of general circulation in the county, and sale of the property so advertised shall be made to the highest and best bidder. The bids shall not be opened until at least ten days after the said advertisement. The commissioners may sell any such property at auction, but the provisions as to notice contained in this section shall be likewise observed as to the holding of auction sales. The provisions of this section shall not be mandatory where county property is to be traded-in or exchanged for new personal property. The provisions of this section shall not apply to sale of personal property with real property as a single unit pursuant to section 2306.1.

(c)  A public auction of personal property may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase bid prices during the electronic auction. The record of the electronic auction shall be accessible as a public record under the provisions of the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law." The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by the commissioners. In the event that shipping costs are incurred, the shipping costs shall be paid by the high bidder. A county that has complied with the advertising requirements of this section may provide additional notice of the sale by bids or public auction in any manner deemed appropriate by the commissioners. The advertisement for electronic auction sales authorized in this subsection shall include the publicly accessible Internet website or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(d)  ((d) unconstitutional)

(1805 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1805v

 

Compiler's Note:  Section 1805(b), in part, and (d) and former subsection (c) was declared unconstitutional on March 14, 2013, by the Supreme Court of Pennsylvania in Pennsylvania State Association of Jury Commissioners v. Commonwealth, 64 A.3d 611 (Pa. 2013).

19550130u1806s

Section 1806.  County Officers Not to Be Interested in Contracts, Generally.--(a)  Except as provided in subsection (b), restrictions on the involvement of elected and appointed county officers in any county contract shall be as prescribed in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) and subject to the limitations and procedures under section 1802(k).

(b)  Notwithstanding subsection (a), the following shall apply:

(1)  It shall be unlawful for any architect or engineer, in the employ of any county of the second class A, and engaged in the preparation of plans, specifications or estimates, to bid or negotiate on any public work at any letting of work by the county, except that an architect or engineer who shall have prepared preliminary plans only shall not be prohibited from bidding or negotiating on the final contract for the work.

(2)  It shall be unlawful for the officers of any county of the second class A charged with the duty of letting any public work, to award a contract to an architect or engineer, in the employ of the county who is in any way interested in a contract for public work for the county or for any architect or engineer to receive any remuneration or gratuity from any person interested in the contract except under the terms and conditions as provided in section 1802(k).

(3)  Any person violating any of the provisions of paragraph (1) or (2) shall be guilty of a misdemeanor in office and, upon conviction, shall forfeit the office and be sentenced to pay a fine not exceeding five hundred dollars ($500), or to undergo imprisonment for not more than six months, or both.

(1806 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1807s

Section 1807.  Application of Contract Provisions.--The provisions of this article shall apply to all the contractual powers of the commissioners contained in this act, or other laws insofar as they are not inconsistent therewith, and the mention of powers of contract outside this article shall not be construed as being in disregard of the applicable provisions of this article in relation thereto.

(1807 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1807.1s

Section 1807.1.  Printing Contracts in Certain Counties.--In counties of the second class A, the commissioners may, by proper resolution, require that printing firms presenting bids for county printing shall establish consideration as responsible bidders by requiring:

(1)  That the printing firms shall file, with the chief clerk of the 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 the provisions of the agreement 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 commissioners, the matter shall be referred to the county salary board and the board's decision shall be conclusive.

(4)  The words "prevailing wage rate," as used in this section, shall be construed to mean at least the minimum wages which are received by employes of any printing firm or firms, in second class A 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 a 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.

(1807.1 added Oct. 24, 2018, P.L.931, No.154)

19550130u1807.2s

Section 1807.2.  Certain Contract Provisions Prohibited.--No political subdivision or authority in a county of the second class A 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.

(1807.2 added Oct. 24, 2018, P.L.931, No.154)

19550130u1901h

 

ARTICLE XIX

SPECIAL POWERS AND DUTIES OF COUNTIES

 

(a)  Appropriations for Military Purposes

((a) repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1901s

Section 1901.  Appropriation of Money or Land for National Guard Armories.--(1901 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1902s

Section 1902.  Appropriation for Maintenance of National Guard.--(1902 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1903s

Section 1903.  Appropriation to Rifle-Clubs in Time of War.--(1903 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1908h

 

(b)  Burial of Deceased Service Persons

and Surviving Spouses

((b) repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1908s

Section 1908.  Definitions.--(1908 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1909s

Section 1909.  Funeral Expenses of Deceased Service Persons.--(1909 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1910s

Section 1910.  Burial of Spouses of Deceased Service Persons.--(1910 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1911s

Section 1911.  Payment.--(1911 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1912s

Section 1912.  Notification of County Commissioners.--(1912 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1913s

Section 1913.  Markers for Graves; Headstones.--(1913 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1914s

Section 1914.  Burial Plots.--(1914 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1915s

Section 1915.  Care of Graves and Markers.--(1915 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1916s

Section 1916.  Proof of Service, Et Cetera.--(1916 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1921h

 

(c)  Memorial Observances

((c) repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1921s

Section 1921.  Appropriations to Veterans' Organizations for Expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day.--(1921 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1922s

Section 1922.  Flags to Decorate Graves.--(1922 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1923s

Section 1923.  Compilation of War Records; Director of Veterans' Affairs.--(1923 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1928h

(d)  County Histories

 

19550130u1928s

Section 1928.  County History.--The county commissioners, either independently or in connection with any other municipality 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.

(1928 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1929s

Section 1929.  Payment to Historical Societies.--The board of commissioners may pay, out of the county funds not otherwise appropriated, a sum of money to a county historical society, qualified under section 1930, to assist in paying the running expenses. Where a society is comprised of residents of more than one county, the commissioners of the respective counties may jointly pay the sum in such proportion as they shall agree.

No 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.

(1929 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1930s

Section 1930.  Qualification of Society.--A historical society eligible to receive county funds according to the provisions of section 1929 shall:

(1)  be a not-for-profit corporation, in good standing and registered according to the laws of this Commonwealth with the Pennsylvania Commission on Charitable Organizations;

(2)  have operated for two years prior to receiving an appropriation from a county; and

(3)  control and operate a museum or other facility related to the history of the county or this Commonwealth which is open to the public at least one hundred days per year.

(1930 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1931s

Section 1931.  Restoration and Preservation of Historic Sites.--The board of commissioners is hereby authorized to make appropriations out of county funds to any nonprofit corporation organized for the purpose of restoring and preserving historic sites which are within the county. For the purposes of this section, an eligible historic site shall be listed or eligible to be listed in the National Register of Historic Places or designated as historic by resolution of the commissioners.

(1931 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1935h

(e)  Animal and Plant Husbandry

 

19550130u1935s

Section 1935.  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.

19550130u1936s

Section 1936.  Cooperative Extension Work in Agriculture, Natural Resources, 4-H Youth, Families, Nutrition and Community Development.--The board of commissioners may make annual appropriations for Cooperative Extension work, in cooperation with The Pennsylvania State University, to support improved methods of agricultural production and management, economic development, family and youth programming and practical instruction and demonstrations, both in-person and online. The purpose of these activities is to help communities, businesses and people solve problems and improve their quality of life. Cooperative Extension shall provide counties access to The Pennsylvania State University's science-based information, expertise and education and shall continually work to expand access to its Statewide programs through technology channels. The money so appropriated shall be expended according to rules and regulations prescribed or approved by the board of commissioners to support Cooperative Extension's mission to provide educational opportunities to constituents, regardless of where the expertise is located. The board of commissioners may also, where practicable and desirable, provide offices in the county for headquarters for such cooperative work.

(1936 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1937s

Section 1937.  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 county commissioners are hereby authorized to make additional appropriations annually out of the current revenues of the county to any incorporated agricultural or horticultural society or association regardless of where the same is located within the Commonwealth.

(1937 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1938s

Section 1938.  Suppression of Animal and Plant Disease.--The board of commissioners is hereby authorized to make appropriations from county funds for the purpose of controlling and suppressing dangerous transmissible diseases of domestic animals 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 this 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.

(1938 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1939s

Section 1939.  County Fair Associations in Counties of the Third through Eighth Classes.--The county commissioners in counties of the third through eighth classes may appropriate, annually, out of current revenues, to any incorporated nonprofit agriculture association or any nonprofit county fair association located within the county, for the repair and maintenance of the real estate, buildings and structures within the county used, annually, by the association for county agriculture fairs and exhibitions, whether or not the real estate is owned by the county and leased to the association.

(1939 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1943h

(f)  Communications

 

19550130u1943s

Section 1943.  Appropriations for Radio Broadcasting Station.--The board of commissioners of any county may make an appropriation for the purpose of assisting any naval reserve unit or amateur radio league in maintaining, equipping and operating a short wave radio broadcasting station or cable television community access stations geared to public access, educational access or governmental access, which shall be available for public use in the event of emergency or disaster.

(1943 amended June 18, 1998, P.L.619, No.79)

19550130u1944s

Section 1944.  Appropriations for Police, Fire and other Public Safety Radio and Telecommunications Networks.--The board of commissioners of any county may make appropriations for the erection, operation and maintenance of a county police radio, fire and other public safety radio and telecommunications networks.

(1944 added Apr. 15, 1965, P.L.9, No.8)

19550130u1947h

(g)  Prevention and Control of Floods

 

19550130u1947s

Section 1947.  Prevention and Control of Floods.--(a)  The board of commissioners may borrow, appropriate and expend money, and may acquire by purchase or dedication or by the power of eminent domain 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 Jan. 26, 1972, P.L.12, No.4)

(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 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing). ((d) amended Oct. 24, 2018, P.L.931, No.154)

19550130u1948h

 

(g.1)  Disaster Emergency Aid to Municipalities in Counties of the Third through Eighth Class

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1948s

Section 1948.  Emergency Appropriation to Municipal Corporations.--(a)  The board of county commissioners of any third through eighth class county may appropriate money for the purpose of assisting municipal corporations within the county with any cleanup, maintenance, repair and improvements undertaken as a result of damage incurred or a dangerous condition caused by either a disaster emergency within the county declared by the Governor or a local emergency declared by the governing body of a municipal corporation within the county.

(b)  As used in this section:

"Disaster emergency" shall have the meaning ascribed to the term in 35 Pa.C.S. § 7102 (relating to definitions).

"Local emergency" shall have the meaning ascribed to the term in 35 Pa.C.S. § 7102 (relating to definitions).

(1948 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1951h

(h)  Aid to Fire Fighting Departments

and Companies

 

19550130u1951s

Section 1951.  Counties of Seventh and Eighth Classes; Appropriations to Borough Fire Departments and Volunteer Fire Companies.--The board of county commissioners of any county of the seventh or eighth class may make an appropriation annually to the fire department of any borough in the county or to any volunteer fire company located within a borough in said county which actually gives fire protection to approximately all parts of the county. All moneys appropriated to any such fire department or fire company shall be used for the purchase, maintenance and repair of fire fighting equipment. This section shall not authorize the appropriation of any money to any fire department or fire company which receives contributions or appropriations from any township in the county.

(1951 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1952s

Section 1952.  Establishment of Fire Training Schools.--The county commissioners of any county may appropriate annually funds to lawfully organized or incorporated county or regional firemen's associations to establish, equip, maintain and operate and may themselves 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 such county.

Whenever a firemen's association is comprised of residents 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.

(1952 amended Mar. 2, 1970, P.L.76, No.34)

19550130u1953h

 

(h.1)  Fire Marshal and Assistant Fire Marshals in Counties of the Third through Eighth Class

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1953s

Section 1953.  Appointment.--The county commissioners of any third through eighth class county 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.

(1953 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1955h

(i)  Utilities

 

19550130u1955s

Section 1955.  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 XVIII of this act.

(1955 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1956s

Section 1956.  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 relocate, 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.

19550130u1957s

Section 1957.  County May Assist Municipalities.--Upon the request of any political subdivision or subdivisions within a county, the county may assist a 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 Pennsylvania Public Utility Commission or before any court in any proceeding involving any controversy between any political subdivision in the county and a public utility company.

(1957 added Oct. 24, 2018, P.L.931, No.154)

19550130u1962h

 

(j)  Law Libraries

(Hdg. repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1962s

Section 1962.  Law Library Committee.--(1962 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1963s

Section 1963.  Appropriations.--(1963 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1964s

Section 1964.  Fines and Forfeitures Applied to Law Libraries.--(1964 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1965s

Section 1965.  President Judge May Appoint Librarian.--(1965 repealed Apr. 28, 1978, P.L.202, No.53)

19550130u1971h

(k)  Rewards and Bounties

 

19550130u1971s

Section 1971.  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 information leading to 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.

(1971 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1972s

Section 1972.  Bounties for Destruction of Rattlesnakes, Copperhead Snakes and Porcupines.--(1972 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1975h

(l)  Garbage and Refuse Disposal

 

19550130u1975s

Section 1975.  Municipal Waste Processing and Disposal in County Facilities.--(a)  The commissioners of any county shall have the power to operate or provide for the operation of municipal waste processing and disposal facilities, including municipal waste landfills, resource recovery facilities and recycling facilities, and to enter into agreements or contracts with any person, corporation or political subdivision for the disposal of municipal waste in the facilities constructed and maintained by the county, and to charge and receive fees for such service.

(b)  A county may acquire by gift, lease, purchase by current revenues, borrowing or incurring indebtedness or eminent domain real property within the county for the purpose of constructing any facilities under subsection (a) or other buildings necessary to operate the facilities. In every case where private property is taken 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.

(c)  As used in this section, the terms "municipal waste landfill," "recycling facility" and "resource recovery facility" shall have the same meanings as given to those terms in the act of July 28, 1988 (P.L.556, No.101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act."

(1975 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1980h

 

(m)  County and County Aided Institutions

((m) repealed Oct. 24, 2018, P.L.931, No.154)

 

19550130u1980s

Section 1980.  Board of Visitors for Charitable Reform and Penal Institutions.--(1980 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1985h

 

(n)  Appropriations to Industrial Development

Agencies

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1985s

Section 1985.  Appropriations to Industrial Development Agencies by Counties.--The board of commissioners of any county may appropriate, annually, such amounts as may be deemed necessary to any "industrial development organization" as defined in section 2301 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act," to assist such agencies in the financing of their operational costs for the purposes of making studies, surveys and investigations, compiling data and statistics and in the carrying out of planning and promotional programs.

(1985 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1986s

Section 1986.  Appropriations to Tourist Promotion Agencies.--(1986 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1990h

(o)  Surplus Foods and Food Stamp Program

((o) amended Dec. 1, 1965, P.L.978, No.358)

 

19550130u1990s

Section 1990.  Appropriations for Handling, Storage and Distribution of Surplus Foods.--The board of commissioners may appropriate from county funds, or in counties of the second class A and third class from county institution district funds, moneys for the handling, storage and distribution of surplus foods obtained either through a local, State or Federal agency.

(1990 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1991s

Section 1991.  Food Stamp Program.--(1991 repealed Oct. 24, 2018, P.L.931, No.154)

19550130u1995h

 

(p)  Historical Property and Museums

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1995s

Section 1995.  Acquisition, Repair and Maintenance of Historical Property.--The board of commissioners may acquire by purchase or by gift and repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest, which is listed or eligible to be listed in the National Register of Historic Places or designated as historic by resolution of the commissioners.

(1995 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1995.1s

Section 1995.1.  Contributions to Museums of Fine Art or Natural History.--The board of commissioners may appropriate from county funds money 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.

(1995.1 added Oct. 24, 2018, P.L.931, No.154)

19550130u1996h

 

(p.1)  Legal Aid Services

((p.1) added Oct. 24, 2018, P.L.931, No.154)

 

19550130u1996s

Section 1996.  Appropriations for Legal Aid Services.--The board of commissioners may appropriate money for payment to nonprofit legal aid associations or societies or county bar associations, that provide legal aid services for indigent persons in civil matters.

(1996 added Oct. 24, 2018, P.L.931, No.154)

19550130u1997h

 

(q)  Transportation and Traffic Control Devices

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1997s

Section 1997.  Improvement of Operation and Facilities.--The board of commissioners may enter into contracts and long range cooperative programs with Federal, State and local governmental agencies, public utilities or authorities for the improvement of transportation operations and facilities within and across county lines. The board of commissioners may independently or in cooperation with any other county or municipality appropriate moneys annually in furtherance of such transportation improvements and, in connection therewith, may also accept on behalf of the county gifts, grants and Federal and State loans.

(1997 amended Oct. 24, 2018, P.L.931, No.154)

19550130u1998h

(r)  Public Defenders

((r) repealed Dec. 2, 1968, P.L.1144, No.358)

 

19550130u1998s

Section 1998.  Funds for Traffic Control Devices.--The board of commissioners may contribute funds to any municipal corporation within the county for the erection and maintenance of any traffic signal, as defined in 67 Pa. Code § 212.1. (relating to definitions).

(1998 added Oct. 24, 2018, P.L.931, No.154)

19550130u1999h

 

(s)  Appropriations for Recreation and Historic and

Museum Projects of Municipal Corporations, Authorities and Nonprofit Organizations

(Hdg. amended Oct. 24, 2018, P.L.931, No.154)

 

19550130u1999s

Section 1999.  Appropriations for Recreation and Historic and Museum Projects.--(a)  The board of commissioners of any county may appropriate from county funds moneys for grants to assist municipal corporations and authorities within the county, as well as nonprofit organizations, in the purchase, acquisition, improvement, equipping or landscaping of lands, buildings and facilities, and, in the case of buildings and facilities, demolition of the same, for parks, recreation areas, open space projects and other such outdoor projects and for historic and museum projects.

(b)  As used in 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. § 5