Act of Aug. 9, 1955,P.L. 323, No. 130 Cl. 16 - COUNTY CODE, THE Statute Update Generated 2021-11-23 11:15:50 AMCOUNTY CODE, THEAct of Aug. 9, 1955, P.L. 323, No. 130Cl. 16AN 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) TABLE OF CONTENTS SectionsArticle I. Preliminary Provisions101-110 Article II. Names and Corporate Powers; Classification of Counties 201-211 (a) Division of the State into Counties; Corporate Powers 201-203(b) Classification210-211 Article III. Fixing and Relocating Lines and Boundaries301-306 Article IV. County Officers401-460 (a) General Provisions401-416(b) Official Bonds420-437(c) State Associations440-446(d) Removal of County Officers450(e) Conduct of Official Business460 Article V. County Commissioners and Chief Clerks 501-521 (a) Commissioners501-513(b) Chief Clerk of County Commissioners520-521 Article VI. Controller601-607 Article VII. Auditors701-704 Article VIII. Treasurer801-807 Article IX. County Solicitor901-904 Article X. Engineer1001-1002 Article XI. Board of Viewers (Repealed)1101-1106 Article XII. Sheriff and Coroner (Repealed)1201-1263 (a) Sheriff (Repealed)1201-1215(b) Coroner (Repealed)1231-1253(c) Provisions Relating to Sheriffs and Coroners (Repealed) 1260-1263 Article XII-A Sheriff1201-A-1215-A Article XII-B Coroner (a) Preliminary Provisions1201-B-1202-B(b) General Provisions1211-B-1236-B(c) Fees and Cost Recovery1251-B-1252-B Article XIII. Prothonotary, Clerk of Courts, Clerk of Orphans' Court, Register of Wills, Recorder of Deeds 1301-1316 Article XIV. District Attorney, Assistants and Detectives 1401-1441 (a) District Attorney1401-1409(b) Assistant and Acting District Attorneys, Stenographers and Clerks 1420-1426(c) County Detectives1440-1441 Article XV. Jury Commissioners (Repealed)1501-1505 Article XV.1. Salaries of County Officers (Repealed) 1550-1556 Article XV.2. Salaries of County Officers1560-1561 Article XVI. Fees of Salaried County Officers; Salary Boards 1601-1630 (a) Fees of Salaried County Officers1601-1610(b) Salary Boards 1620-1625(c) Payment of Solicitors Appointed by County Officers (Repealed) 1630 Article XVII. Fiscal Affairs1701-1795 (a) Fiscal Policy and Systems1701-1706(b) Accounts, Audits and Reports by Controller or Auditors 1720-1739(c) Disbursals of County Moneys1750-1754(d) County Treasury and County Depositories1760-1764(e) County Taxation, Borrowing and Transfer of Funds 1770-1772(f) Budgets1780-1785(g) Sinking Fund Commission1790-1795 Article XVIII. Contracts1801-1807 Article XIX. Special Powers and Duties of Counties 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 Histories1928-1931(e) Animal and Plant Husbandry1935-1939(f) Communications1943-1944(g) Prevention and Control of Floods1947(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) Utilities1955-1956(j) Law Libraries (Repealed)1962-1965(k) Rewards and Bounties1971-1972(l) Garbage and Refuse Disposal1975(m) County and County Aided Institutions (Repealed) 1980(n) Appropriations to Industrial Development Agencies 1985-1986(o) Surplus Foods and Food Stamp Program1990-1991(p) Historical Property and Museums 1995(p.1) Legal Aid Services1996(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 Agencies1999d(x) Crime Detection Laboratory and Police Training School in Counties of the Third Class 1999e(y) Parking Facilities1999f(z) Revenue Bonds for Industrial Development Projects 1999g(z.1) Grants to Nonprofit Art Corporations1999h(z.2) Commission on Women1999i(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 Article XIX-A. Military and Veterans Affairs (a) Appropriations for Military Purposes1901-A-1903-A(b) Interment of Deceased Servicepersons and Surviving Spouses 1908-A-1916-A(c) Memorial Observances 1921-A-1924-A Article XX. Planning, Zoning and Traffic2001-2039 (a) County and Regional Planning Commissions 2001-2011(b) County Zoning2020-2039 Article XXI. Public Health2101-2199.8 (a) General Provisions2101(b) County and Joint County Hospitals (Repealed)2110-2119(c) County Health Aid to Institutions and Political Subdivisions 2130-2133(d) Insect Control2150-2152(e) Care of Dependents and Children2160-2177(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 Health2185-2195.2(2) Abatement of Public Nuisances2196-2199.1(3) Penalties2199.2(h) General Hospitals2199.5-2199.8 Article XXII. Aeronautics and Transportation2201-2210 (a) Aeronautics2201-2210(b) Second Class A County Transit and Traffic Commission 2250-2251 Article XXIII. Grounds and Buildings2301-2399.73 (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 Accommodations2350(h) Monuments and Memorials2355-2367(i) Public Auditoriums, Public Libraries, Public Memorial Buildings and Monuments 2368-2370(j) Homes and Hospitals2374-2385(k) Morgues 2390-2393(l) Garbage and Refuse Disposal Plants and Incinerators 2396(m) Tax for Capital Costs Retirement2398(n) Third Class County Convention Center Authorities2399.1-2399.23(o) Third Class County Convention Center Authorities (Alternative Provision) 2399.51-2399.73 Article XXIV. Eminent Domain and Injury to Property (Repealed) 2401-2433 Article XXIV-A. Eminent Domain and Injury to Property 2401-A-2404-A Article XXV. Recreation Places2501-2517 Article XXVI. Bridges, Viaducts and Culverts2601-2676 (a) General Authority and Procedures for Providing Bridges 2601-2616(b) Special Authorities and Procedures2630-2639(c) Taking Over or Assisting with Township or Municipal Bridges 2650-2661(d) Provisions Relating to Contracts2670(e) Taxation and Borrowing2675-2676 Article XXVII. Roads2701-2787 (a) Authorization, Construction and Maintenance 2701-27451. County Roads, Establishment and Maintenance 2701-27142. System of Main Thoroughfares Adopted, Laid Out and Constructed by County and Becoming Borough and Township Roads 2720-27253. Roads, Tunnels, Subways and Underground Roads 2730-27344. General Provisions2740-2745(b) Vacation as County Roads2750(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 Roads2781-2787 Article XXVIII. Actions by and Against Counties (Repealed) 2801-2807 Article XXX. Southwestern Pennsylvania Regional Renaissance Initiative 3011-3081 (a) Preliminary Provisions3011-3013(b) Regional Growth Fund3021-3022(c) Regional Renaissance Authority3031-3039(d) Bonds and Funds of Authority3041-3044(e) Additional Sales and Use Taxes3051-3057(f) Increase in Hotel Tax3061-3064(g) Regional Destination Facilities Fund3071-3072(h) Conveyance of David L. Lawrence Convention Center 3081 Article XXXIX. Acts of Assembly Repealed3901-3903 The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: ARTICLE IPRELIMINARY PROVISIONS 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.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) 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).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)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) 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.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)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)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)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)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)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)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) Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.Section 109.1. Collection of Tax and Municipal Claims by Suit; Limitations.--(a) In addition to the remedies provided by law for the collection of tax and municipal claims, 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)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) ARTICLE IINAMES AND CORPORATE POWERSCLASSIFICATION OF COUNTIES (a) Division of the State into Counties;Corporate Powers Section 201. Enumeration of Counties.--The State shall be divided into the following sixty-seven named counties, as now established by law: Philadelphia, Bucks, Chester, Lancaster, York, Cumberland, Berks, Northampton, Bedford, Northumberland, Westmoreland, Washington, Fayette, Franklin, Montgomery, Dauphin, Luzerne, Huntingdon, Allegheny, Mifflin, Delaware, Lycoming, Somerset, Greene, Wayne, Adams, Centre, Beaver, Butler, Mercer, Crawford, Erie, Warren, Venango, Armstrong, Indiana, Jefferson, McKean, Clearfield, Potter, Tioga, Cambria, Bradford, Susquehanna, Schuylkill, Lehigh, Lebanon, Columbia, Union, Pike, Perry, Juniata, Monroe, Clarion, Clinton, Wyoming, Carbon, Elk, Blair, Sullivan, Forest, Lawrence, Fulton, Montour, Snyder, Cameron and Lackawanna.Section 202. General Powers.--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)Section 203. Vesting of Corporate Power.--The corporate power of each county shall be vested in a board of county commissioners. (b) Classification 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) 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.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.(d) Unless the board of commissioners of a county meeting the requisite county population levels in section 210 enacts an ordinance or adopts a resolution approving a change of classification prior to February 22, 2022, as a result of the delays in the 2020 Federal decennial census and the COVID-19 pandemic, the classification of all counties as of the effective date of this subsection shall remain unchanged until the 2030 census, at which time the procedures established in subsections (a), (b) and (c) shall apply. For the purposes of determining whether a county has decreased in population so as to recede in classification under subsection (b) following the 2030 decennial census, both the 2020 and 2030 decennial censuses shall be considered. ((d) added Oct. 1, 2021, P.L.408, No.74)(211 amended Oct. 24, 2018, P.L.931, No.154) 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. ARTICLE IIIFIXING AND RELOCATING LINES AND BOUNDARIES 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) 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.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) 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.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)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) 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.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)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) ARTICLE IVCOUNTY OFFICERS (a) General Provisions 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) 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.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)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) 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.Section 403.1. Compensation When Salary Not Fixed by Law.--(403.1 repealed Oct. 24, 2018, P.L.931, No.154)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)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)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)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)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)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) 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.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) Compiler's Note: The Department of Community Affairs, referred to in subsec. (b), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.Section 411. Penalty for Neglect or Refusal to Perform Duties.--If any county officer neglects or refuses to perform any duty imposed on 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)Section 412. Absconding Officers.--(412 repealed Oct. 24, 2018, P.L.931, No.154)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) 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.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)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)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)(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. Section 420. Official Bonds; Requirements.--(420 repealed Nov. 22, 2011, P.L.431, No.106)Section 421. General Conditions; Commissioners; Treasurer.--(421 repealed Nov. 22, 2011, P.L.431, No.106)Section 422. Obligees Suits on Bonds.--(422 repealed Nov. 22, 2011, P.L.431, No.106)Section 423. Approval, Substitution or Addition of Surety.--(423 repealed Nov. 22, 2011, P.L.431, No.106)Section 424. Single Bond for Combined Offices.--(424 repealed Nov. 22, 2011, P.L.431, No.106)Section 425. Custodians of Official Bonds.--(425 repealed Nov. 22, 2011, P.L.431, No.106)Section 426. Acknowledgment, Evidence.--(426 repealed Nov. 22, 2011, P.L.431, No.106)Section 427. Amounts of Official Bonds; Exclusive Provisions.--(427 repealed Nov. 22, 2011, P.L.431, No.106)Section 428. Premiums of Official Bonds.--(428 repealed Nov. 22, 2011, P.L.431, No.106)Section 429. Bonds of Deputies and Other Appointees of County Officers.--(429 repealed Nov. 22, 2011, P.L.431, No.106)Section 430. Determination of Bonds of Deputies and Other Appointees.--(430 repealed Nov. 22, 2011, P.L.431, No.106)Section 431. Insurance to Protect Against Robbery, Burglary and Larceny; Liability Insurance.--(431 repealed Nov. 22, 2011, P.L.431, No.106)Section 432. Bond of Register of Wills.--(432 repealed Nov. 22, 2011, P.L.431, No.106)Section 433. Form of Bond of Sheriff.--(433 repealed Nov. 22, 2011, P.L.431, No.106)Section 434. Amount of Bond of Sheriff and of Coroner.--(434 repealed Nov. 22, 2011, P.L.431, No.106)Section 435. Amount of Bond of County Commissioner.--(435 repealed Nov. 22, 2011, P.L.431, No.106)Section 436. Amount of Bond of Recorder of Deeds.--(436 repealed Nov. 22, 2011, P.L.431, No.106)Section 437. Amount of Bond of Controller.--(437 repealed Nov. 22, 2011, P.L.431, No.106) (c) State Associations 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)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)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)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)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)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)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) (d) Removal of County Officers Section 450. Removal of County Officers and Appointees.--(a) The county commissioners, the sheriffs, coroners, prothonotaries, registers of wills, recorders of deeds, treasurers, 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 be subject to removal at the pleasure of the appointing power, except as otherwise expressly provided by law, and they shall also be removed on conviction of misbehavior in office or of any infamous crime. (e) Conduct of Official Business Section 460. Meetings Open to Public.--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) ARTICLE VCOUNTY COMMISSIONERS AND CHIEF CLERKS (a) Commissioners 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.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)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)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)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.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.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)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)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)Section 510. Take Money and Property by Gift, Etc.--(510 repealed June 29, 2002, P.L.677, No.103)Section 511. Provide for Temporary Investments.--(511 repealed Dec. 13, 1982, P.L.1131, No.258)Section 512. Creation of Capital Reserve Fund for Anticipated Capital Expenditures.--(512 repealed June 29, 2002, P.L.677, No.103)Section 513. Operating Reserve Fund.--(513 repealed June 29, 2002, P.L.677, No.103) (b) Chief Clerk of County Commissioners Section 520. Chief Clerk.--The county commissioners shall appoint a chief clerk.Section 521. Duties and Powers of Chief Clerk.--(a) The chief clerk shall keep the books and accounts of the board of county commissioners, record and file their proceedings and papers, attest all orders and 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) ARTICLE VICONTROLLER 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)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)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)Section 604. Solicitor to the Controller.--(604 repealed Oct. 24, 2018, P.L.931, No.154)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)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)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) ARTICLE VIIAUDITORS 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)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)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)Section 704. Counsel.--(704 Repealed Oct. 24, 2018, P.L.931, No.154) ARTICLE VIIITREASURER 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. 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)Section 802. Bond in Favor of Commonwealth.--(802 repealed Nov. 22, 2011, P.L.431, No.106)Section 803. Removal from Office for Failure to Transmit Bond to Auditor General.--(803 repealed Nov. 22, 2011, P.L.431, No.106)Section 804. When Auditor General to Deliver Up Bond of Treasurer.--(804 repealed Nov. 22, 2011, P.L.431, No.106)Section 805. Misapplication of Funds Collected for Specific Purposes.--Whenever any moneys are collected by law in any county 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)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)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)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) ARTICLE IXCOUNTY SOLICITOR Section 901. Appointment; Qualifications.--The county commissioners shall appoint a county solicitor, who shall be an attorney-at-law admitted to practice in the courts of this Commonwealth 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)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)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)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) ARTICLE XENGINEER (Hdg. amended Nov. 26, 1968, P.L.1099, No.341) 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)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)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. ARTICLE XIBOARD OF VIEWERS(Art. XI repealed Apr. 28, 1978, P.L.202, No.53) Section 1101. Number of Members; Qualifications.--(1101 repealed Apr. 28, 1978, P.L.202, No.53)Section 1102. Qualifications.--(1102 repealed Apr. 28, 1978, P.L.202, No.53)Section 1103. Appointment of members; Vacancies; Rules and Regulations.--(1103 repealed Apr. 28, 1978 P.L.202, No.53)Section 1104. Term of Office; Removal.--(1104 repealed Apr. 28, 1978, P.L.202, No.53)Section 1105. Power to Administer Oaths.--(1105 repealed Apr. 28, 1978, P.L.202, No.53)Section 1106. Clerks and Stenographers.--(1106 repealed Apr. 28, 1978, P.L.202, No.53) ARTICLE XIISHERIFF AND CORONER(Art. XII repealed Oct. 24, 2018, P.L.931, No.154) (a) Sheriff Section 1201. Unfinished Business of Outgoing Sheriff.--(1201 repealed Oct. 24, 2018, P.L.931, No.154)Section 1202. Sheriff May Act by Deputy.--(1202 repealed Oct. 24, 2018, P.L.931, No.154)Section 1203. Chief Deputy; Compensation.--(1203 repealed Oct. 24, 2018, P.L.931, No.154)Section 1204. Real Estate Deputies in Counties of the Third and Fourth Classes.--(1204 repealed Oct. 24, 2018, P.L.931, No.154)Section 1205. Deputies and Clerks.--(1205 repealed Oct. 24, 2018, P.L.931, No.154)Section 1206. Deputy Sheriff's Qualifications.--(1206 repealed Oct. 24, 2018, P.L.931, No.154)Section 1207. False Statements in Deputy's Affidavit.--(1207 repealed Oct. 24, 2018, P.L.931, No.154)Section 1208. Filed Items, Public Records.--(1208 repealed Oct. 24, 2018, P.L.931, No.154)Section 1209. Public List of Applicants for Deputy Sheriff.--(1209 repealed Oct. 24, 2018, P.L.931, No.154)Section 1210. Private Services, Gifts and Payments, Contracts, Prohibited.--(1210 repealed Oct. 24, 2018, P.L.931, No.154)Section 1211. Penalties.--(1211 repealed Oct. 24, 2018, P.L.931, No.154)Section 1212. Construction.--(1212 repealed Oct. 24, 2018, P.L.931, No.154)Section 1213. Solicitor in Third, Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--(1213 repealed Oct. 24, 2018, P.L.931, No.154)Section 1214. Chief Deputy Coroner to Act as Coroner in Case of a Vacancy.--(1214 repealed Oct. 24, 2018, P.L.931, No.154)Section 1215. Sheriff to Keep Docket.--(1215 repealed Oct. 24, 2018, P.L.931, No.154) (b) Coroner((b) repealed Oct. 24, 2018, P.L.931, No.154) Section 1231. Deputies.--(1231 repealed Oct. 24, 2018, P.L.931, No.154)Section 1232. Duties with Respect to County Morgues.--(1232 repealed Oct. 24, 2018, P.L.931, No.154)Section 1233. Removal of Bodies to Morgue.--(1233 repealed Oct. 24, 2018, P.L.931, No.154)Section 1234. Ambulance.--(1234 repealed Oct. 24, 2018, P.L.931, No.154)Section 1235. Unclaimed Property of Deceased; Sales.--(1235 repealed Oct. 24, 2018, P.L.931, No.154)Section 1236. Private Morgue May be Used.--(1236 repealed Oct. 24, 2018, P.L.931, No.154)Section 1236.1. Requests for Examinations and Reports.--(1236.1 repealed Oct. 24, 2018, P.L.931, No.154)Section 1237. Coroner's Investigations.--(1237 repealed Oct. 24, 2018, P.L.931, No.154)Section 1238. Autopsy; Inquest; Records.--(1238 repealed Oct. 24, 2018, P.L.931, No.154)Section 1239. Sudden Deaths Defined.--(1239 repealed Oct. 24, 2018, P.L.931, No.154)Section 1240. Bodies not to be Moved.--(1240 repealed Oct. 24, 2018, P.L.931, No.154)Section 1241. Release of Coroner's Jurisdiction.--(1241 repealed Oct. 24, 2018, P.L.931, No.154)Section 1242. Cooperation with District Attorney.--(1242 repealed Oct. 24, 2018, P.L.931, No.154)Section 1243. Justices of the Peace not Affected.--(1243 repealed Oct. 24, 2018, P.L.931, No.154)Section 1244. Certificate of Cause of Death.--(1244 repealed Oct. 24, 2018, P.L.931, No.154)Section 1245. Power of Subpoena and Attachment.--(1245 repealed Oct. 24, 2018, P.L.931, No.154)Section 1245.1. Inquests; Juries.--(1245.1 repealed Oct. 24, 2018, P.L.931, No.154)Section 1246. Power to Administer Oaths.--(1246 repealed Oct. 24, 2018, P.L.931, No.154)Section 1247. Commitment to County Prison.--(1247 repealed Oct. 24, 2018, P.L.931, No.154)Section 1248. Inquests Not Public.--(1248 repealed Oct. 24, 2018, P.L.931, No.154)Section 1249. Chief Deputy Sheriff to Act as Sheriff in Case of Vacancy.--(1249 repealed Oct. 24, 2018, P.L.931, No.154)Section 1250. Vacancies; No Fees upon Commissions.--(1250 repealed Oct. 24, 2018, P.L.931, No.154)Section 1251. Official Records of Coroner.--(1251 repealed Oct. 24, 2018, P.L.931, No.154)Section 1252. Solicitor to Coroner.--(1252 repealed Oct. 24, 2018, P.L.931, No.154)Section 1253. Anatomical Gifts.--(1253 repealed Oct. 24, 2018, P.L.931, No.154) (c) Provisions Relating to Sheriffs and Coroners((c) repealed Oct. 24, 2018, P.L.931, No.154) Section 1260. Not to Exercise Office Until Commission Granted and Recorded; Penalty.--(1260 repealed Oct. 24, 2018, P.L.931, No.154)Section 1261. Recognizance of Sheriffs and Coroners.--(1261 repealed Oct. 2, 1959, P.L.1005, No.417)Section 1262. Sale of Real Estate Bound by Lien.--(1262 repealed Oct. 2, 1959, P.L.1005, No.417)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) ARTICLE XII-ASHERIFF(Art. XII-A added Oct. 24, 2018, P.L.931, No.154) 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)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)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)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)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)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)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)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)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)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)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)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)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)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)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) ARTICLE XII-BCORONER(Art. added Oct. 24, 2018, P.L.931, No.154) SUBARTICLE APRELIMINARY PROVISIONS(Subart. added Oct. 24, 2018, P.L.931, No.154) 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)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) SUBARTICLE BGENERAL PROVISIONS(Subart. added Oct. 24, 2018, P.L.931, No.154) 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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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)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) SUBARTICLE CFEES AND COST RECOVERY(Subart. added Oct. 24, 2018, P.L.931, No.154) 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)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) ARTICLE XIIIPROTHONOTARY, CLERK OF COURTS, CLERK OFORPHANS' COURT, REGISTER OF WILLS,RECORDER OF DEEDS(Hdg. amended Oct. 24, 2018, P.L.931, No.154) 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)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)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)Section 1304. Incompatible Offices.--(1304 repealed Apr. 28, 1978, P.L.202, No.53)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)Section 1306. Power of Prothonotaries, Clerks, Deputies and Assistants to Administer Oaths and Affirmations.--(1306 repealed Apr. 28, 1978, P.L.202, No.53)Section 1307. Second Deputy Prothonotary.--(1307 repealed Apr. 28, 1978, P.L.202, No.53)Section 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)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)Section 1309. Prothonotary to File and Keep Advance Copies of Law.--(1309 repealed Apr. 28, 1978, P.L.202, No.53)Section 1310. Assistant Clerks of Orphans' Court in Counties Having a Separate Orphans' Court.--(1310 repealed Apr. 28, 1978, P.L.202, No.53)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)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)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)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)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)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) ARTICLE XIVDISTRICT ATTORNEY, ASSISTANTSAND DETECTIVES (a) District Attorney 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 continually hold an active law license during the period when the individual is in 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. ((a) amended Nov. 17, 2021, P.L.440, No.88)(b) The following shall apply:(1) If a district attorney is disbarred, the office of district attorney shall be vacant and shall be filled as provided under section 1404 or, for a county of the second class, under section 1404 of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, or, for a county of the first class, under section 3 of the act of May 3, 1850 (P.L.654, No.385), entitled "An act providing for the election of district attorneys."(2) Notwithstanding any law applicable to any class or classes of county to the contrary, if a district attorney's law license is suspended, the office of district attorney shall not be vacant but the district attorney shall be suspended from the office until the law license of the district attorney is reinstated or the expiration of the term of the district attorney, whichever is sooner. The first assistant district attorney, if willing, qualified and able, shall act as the district attorney. If the first assistant district attorney is unwilling, unqualified or unable to serve, the judges of the court of common pleas shall appoint a competent person who satisfies the requirements of this section to act as district attorney.((b) added Nov. 17, 2021, P.L.440, No.88)(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) 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.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)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)Section 1404. Filling of Vacancies.--If any vacancy shall occur in the office of district attorney in a county of the second class A through eighth class, the judges of the court of common pleas shall, upon a showing that the first assistant district attorney satisfies the requirements of section 1401, appoint the first assistant district attorney to fill the office of district attorney and to discharge the duties of the district attorney until the first Monday in January following the next municipal election occurring not less than ninety days after the occurrence of the vacancy. If the first assistant district attorney is unwilling or unable to serve or does not satisfy the requirements of section 1401, the judges of the court of common pleas shall fill the vacancy by the appointment of a competent person who satisfies the requirements of section 1401 to fill the office until the first Monday in January following the next municipal election occurring not less than ninety days after the occurrence of the vacancy.(1404 amended Mar. 23, 2021, P.L.33, No.7) Compiler's Note: Section 2 of Act 7 of 2021 provided that the amendment of section 1404 shall apply to vacancies occurring on or after the effective date of section 2.Section 1405. Misconduct of District Attorney.--(a) If 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)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)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)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.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) (b) Assistant and Acting DistrictAttorneys, Stenographers and Clerks(Hdg. amended Oct. 24, 2018, P.L.931, No.154) 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)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)Section 1422. Special Assistants.--(1422 deleted by amendment June 18, 1998, P.L.515, No.72)Section 1423. Appointment of a Deputy for One Term of Court.--(1423 deleted by amendment June 18, 1998, P.L.515, No.72)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)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)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) (c) County Detectives 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)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) ARTICLE XVJURY COMMISSIONERS (Art. XV repealed Apr. 28, 1978, P.L.202, No.53) Section 1501. Jury Commissioners Eligible for Re-election.--(1501 repealed Apr. 28, 1978, P.L.202, No.53)Section 1502. Bipartisan Jury Commission Required.--(1502 repealed Apr. 28, 1978, P.L.202, No.53)Section 1503. Oath of Elected Jury Commissioners.--(1503 repealed Apr. 28, 1978, P.L.202, No.53)Section 1504. Filling of Vacancy.--(1504 repealed Apr. 28, 1978, P.L.202, No.53)Section 1505. Clerk; Office Facilities; Expenses.--(1505 repealed Apr. 28, 1978, P.L.202, No.53) ARTICLE XV.1SALARIES OF COUNTY OFFICERS(Art. repealed Oct. 24, 2018, P.L.931, No.154) Section 1550. Counties of the Third Class.--(1550 repealed Oct. 24, 2018, P.L.931, No.154)Section 1551. Counties of the Fourth Class.--(1551 repealed Oct. 24, 2018, P.L.931, No.154)Section 1552. Counties of the Fifth Class.--(1552 repealed Oct. 24, 2018, P.L.931, No.154)Section 1553. Counties of the Sixth Class.--(1553 repealed Oct. 24, 2018, P.L.931, No.154)Section 1554. Counties of the Seventh Class.--(1554 repealed Oct. 24, 2018, P.L.931, No.154)Section 1555. Counties of the Eighth Class.--(1555 repealed Oct. 24, 2018, P.L.931, No.154)Section 1556. Insurance and Other Employe Benefits.--(1556 repealed Oct. 24, 2018, P.L.931, No.154) ARTICLE XV.2SALARIES OF COUNTY OFFICERS(Art. XV.2 added Oct. 24, 2018, P.L.931, No.154) 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)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) ARTICLE XVIFEES OF SALARIED COUNTY OFFICERS; SALARYBOARDS(Hdg. amended Oct. 24, 2018, P.L.931, No.154) (a) Fees of Salaried County Officers 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)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)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)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.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)Section 1606. Salaries Payable from Fees.--(1606 repealed Jun. 27, 1974, P.L.401, No.138)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)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)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)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) (b) Salary Boards 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)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.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)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)Section 1624. Revisions of Salary Schedules.--(1624 repealed Oct. 24, 2018, P.L.931, No.154)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) (c) Payment of Solicitors Appointed by County Officers((c) repealed Oct. 24, 2018, P.L.931, No.154) Section 1630. Compensation of Solicitors Appointed by County Officers.--(1630 repealed Oct. 24, 2018, P.L.931, No.154) ARTICLE XVIIFISCAL AFFAIRS (a) Fiscal Policy and Systems 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. 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).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) 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).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)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)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)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)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) (b) Accounts, Audits and Reports by Controlleror Auditors 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)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)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)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)Section 1722.1. Audit of Accounts of Minor Judiciary.--(1722.1 repealed Oct. 24, 2018, P.L.931, No.154)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)Section 1724. Audit of Accounts of Commonwealth Moneys.--(1724 repealed Oct. 24, 2018, P.L.931, No.154)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)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)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.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)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.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.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)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)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.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)Section 1734. Payment of Costs on Appeal.--(1734 repealed Apr. 28, 1978, P.L.202, No.53)Section 1735. Appeals to the Superior or Supreme Court.--(1735 repealed Apr. 28, 1978, P.L.202, No.53)Section 1736. Execution.--(1736 repealed Apr. 28, 1978, P.L.202, No.53)Section 1737. Fines and Forfeited Recognizances.--(1737 repealed Apr. 28, 1978, P.L.202, No.53)Section 1738. Repayment of Money Collected on Forfeited Recognizances.--(1738 repealed Apr. 28, 1978, P.L.202, No.53)Section 1739. Exoneration of Clerk of Courts or County Commissioners.--(1739 repealed Apr. 28, 1978, P.L.202, No.53) (c) Disbursals of County Moneys 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)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)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)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)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) (d) County Treasury and County Depositories 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)Section 1761. Moneys Paid for the Redemption of Unseated Land Sold for Taxes.--(1760 repealed Oct. 24, 2018, P.L.931, No.154)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)Section 1763. Meeting; Number of Depositories.--(1763 repealed Feb. 10, 1956, P.L.1039, No.329)Section 1764. Designation and Qualification of Depositories.--(1764 repealed Feb. 10, 1956, P.L.1039, No.329) (e) County Taxation, Borrowing and Transfer of Funds 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)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)Section 1770.2. Authorization of Excise Tax.--(1770.2 repealed Apr. 20, 2016, P.L.134, No.18) Compiler's Note: The act of April 28, 1961 (P.L.111, No.5), known as the "Tourist Promotion Law," referred to in this section, was repealed by the act of July 4, 2008 (P.L.621, No.50), known as the Tourist Promotion Act.Section 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). 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.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) 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) Compiler's Note: The act of April 28, 1961 (P.L.111, No.5), known as the "Tourist Promotion Law," referred to in this section, was repealed by the act of July 4, 2008 (P.L.621, No.50), known as the Tourist Promotion Act.Section 1770.6. Authorization of Hotel Tax.--(1770.6 repealed Apr. 20, 2016, P.L.134, No.18)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)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) Compiler's Note: The act of April 28, 1961 (P.L.111, No.5), known as the "Tourist Promotion Law," referred to in this section, was repealed by the act of July 4, 2008 (P.L.621, No.50), known as the Tourist Promotion Act.Section 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). 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.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) 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.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)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) 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.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)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.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)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) (f) Budgets 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)Section 1781. Preparation of Proposed Annual Budget.--(1781 repealed Oct. 24, 2018, P.L.931, No.154)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)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)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)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)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)Section 1784. Supplemental Appropriations; Transfers of Funds; Appropriation Limits.--(1784 repealed Oct. 24, 2018, P.L.931, No.154)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)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)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)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) (g) Sinking Fund Commission 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)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.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.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.Section 1794. Investment in New County Bonds.--(1794 repealed Dec. 13, 1982, P.L.1131, No.258)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) ARTICLE XVIIICONTRACTS 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)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) 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.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) 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.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) 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.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)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) 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).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)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)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)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) ARTICLE XIXSPECIAL POWERS AND DUTIES OF COUNTIES (a) Appropriations for Military Purposes((a) repealed Oct. 24, 2018, P.L.931, No.154) Section 1901. Appropriation of Money or Land for National Guard Armories.--(1901 repealed Oct. 24, 2018, P.L.931, No.154)Section 1902. Appropriation for Maintenance of National Guard.--(1902 repealed Oct. 24, 2018, P.L.931, No.154)Section 1903. Appropriation to Rifle-Clubs in Time of War.--(1903 repealed Oct. 24, 2018, P.L.931, No.154) (b) Burial of Deceased Service Personsand Surviving Spouses((b) repealed Oct. 24, 2018, P.L.931, No.154) Section 1908. Definitions.--(1908 repealed Oct. 24, 2018, P.L.931, No.154)Section 1909. Funeral Expenses of Deceased Service Persons.--(1909 repealed Oct. 24, 2018, P.L.931, No.154)Section 1910. Burial of Spouses of Deceased Service Persons.--(1910 repealed Oct. 24, 2018, P.L.931, No.154)Section 1911. Payment.--(1911 repealed Oct. 24, 2018, P.L.931, No.154)Section 1912. Notification of County Commissioners.--(1912 repealed Oct. 24, 2018, P.L.931, No.154)Section 1913. Markers for Graves; Headstones.--(1913 repealed Oct. 24, 2018, P.L.931, No.154)Section 1914. Burial Plots.--(1914 repealed Oct. 24, 2018, P.L.931, No.154)Section 1915. Care of Graves and Markers.--(1915 repealed Oct. 24, 2018, P.L.931, No.154)Section 1916. Proof of Service, Et Cetera.--(1916 repealed Oct. 24, 2018, P.L.931, No.154) (c) Memorial Observances((c) repealed Oct. 24, 2018, P.L.931, No.154) 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)Section 1922. Flags to Decorate Graves.--(1922 repealed Oct. 24, 2018, P.L.931, No.154)Section 1923. Compilation of War Records; Director of Veterans' Affairs.--(1923 repealed Oct. 24, 2018, P.L.931, No.154) (d) County Histories 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)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)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)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) (e) Animal and Plant Husbandry 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.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)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)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)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) (f) Communications 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)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) (g) Prevention and Control of Floods 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) (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) 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) (h) Aid to Fire Fighting Departmentsand Companies 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)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) (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) 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) (i) Utilities 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)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.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) (j) Law Libraries(Hdg. repealed Oct. 24, 2018, P.L.931, No.154) Section 1962. Law Library Committee.--(1962 repealed Apr. 28, 1978, P.L.202, No.53)Section 1963. Appropriations.--(1963 repealed Apr. 28, 1978, P.L.202, No.53)Section 1964. Fines and Forfeitures Applied to Law Libraries.--(1964 repealed Apr. 28, 1978, P.L.202, No.53)Section 1965. President Judge May Appoint Librarian.--(1965 repealed Apr. 28, 1978, P.L.202, No.53) (k) Rewards and Bounties 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)Section 1972. Bounties for Destruction of Rattlesnakes, Copperhead Snakes and Porcupines.--(1972 repealed Oct. 24, 2018, P.L.931, No.154) (l) Garbage and Refuse Disposal 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) (m) County and County Aided Institutions((m) repealed Oct. 24, 2018, P.L.931, No.154) Section 1980. Board of Visitors for Charitable Reform and Penal Institutions.--(1980 repealed Oct. 24, 2018, P.L.931, No.154) (n) Appropriations to Industrial DevelopmentAgencies(Hdg. amended Oct. 24, 2018, P.L.931, No.154) 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)Section 1986. Appropriations to Tourist Promotion Agencies.--(1986 repealed Oct. 24, 2018, P.L.931, No.154) (o) Surplus Foods and Food Stamp Program((o) amended Dec. 1, 1965, P.L.978, No.358) 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)Section 1991. Food Stamp Program.--(1991 repealed Oct. 24, 2018, P.L.931, No.154) (p) Historical Property and Museums(Hdg. amended Oct. 24, 2018, P.L.931, No.154) 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)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) (p.1) Legal Aid Services((p.1) added Oct. 24, 2018, P.L.931, No.154) 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) (q) Transportation and Traffic Control Devices(Hdg. amended Oct. 24, 2018, P.L.931, No.154) 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) (r) Public Defenders((r) repealed Dec. 2, 1968, P.L.1144, No.358) 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) (s) Appropriations for Recreation and Historic andMuseum Projects of Municipal Corporations, Authorities and Nonprofit Organizations(Hdg. amended Oct. 24, 2018, P.L.931, No.154) 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. § 501(a)), as amended, or any successor provisions thereto, not operated for profit and organized to:(1) preserve or conserve open space, natural resources or natural habitats;(2) promote outdoor recreation and the acquisition and development of facilities related thereto; or (3) preserve sites of historical significance.(1999 amended Oct. 24, 2018, P.L.931, No.154) (t) Appropriations to Institutions of HigherLearning or to Nonprofit Educational Trusts in Counties of the Third through Eighth Class(Hdg. amended Oct. 24, 2018, P.L.931, No.154) Section 1999a. Appropriations to Institutions of Higher Learning or to Nonprofit Educational Trusts.--The board of commissioners of any county may appropriate from time to time moneys from county funds in such amounts as may be deemed necessary to any nonsectarian institution of higher learning within such county or to any nonprofit educational trust created for the purpose of constructing or maintaining facilities for Pennsylvania State System of Higher Education universities and State-related universities, including the Pennsylvania State University, Lincoln University, Temple University and the University of Pittsburgh, within such county to assist the institution or trust in the financing of the functions specified by the board of commissioners.(1999a amended Oct. 24, 2018, P.L.931, No.154) (u) Agreements with Federal Government forthe Promotion of Health or Welfare((u) added Jul. 29, 1965, P.L.258, No.150) Section 1999b. Federal Health and Welfare Programs.--Any county may, through the commissioners, enter into agreements with the Federal government, or with any city, borough, town, township, nonprofit corporation or association located or carrying on its functions within such county or serving the residents of such county and which city, borough, town, township, nonprofit corporation or association has or is about to contract with the Federal government or with any agency of State government whereby the Federal government will provide a portion of the funds necessary, payable either to the county or State government or directly to the city, borough, town, township, nonprofit corporation or association for any program not in conflict with an existing or hereafter established state program offered by the Federal government for the promotion of the health or welfare of its citizens and in the furtherance of said programs may comply with conditions, rules or regulations attached by the Federal or State governments.The county may accept gifts or grants of money, property or services from any source, public or private, and may appropriate such funds as may be necessary to carry out said programs.(1999b amended Oct. 24, 2018, P.L.931, No.154) (v) Appropriations for Reservoirs and Water Resources((v) added Oct. 21, 1965, P.L.644, No.318) Section 1999c. Appropriations for Reservoirs and Water Resources.--(a) The board of commissioners may borrow, appropriate and expend money for the construction, acquisition by purchase, lease or otherwise, operation and maintenance of dams, reservoirs, wells and other facilities for the utilization of surface, subsurface, and ground water resources and all related structures, appurtenances and equipment necessary for the use of said dams, reservoirs, wells and other facilities, and may acquire by purchase, lease, gift, or the exercise of power of eminent domain, sites for the same: Provided, That the board of commissioners shall obtain a permit from the Department of Environmental Protection whenever such permit is required by law: And provided further, That the board of commissioners shall not acquire by the exercise of power of eminent domain the property of a public utility subject to the jurisdiction of Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission.(b) The board of commissioners may enter into agreements for the regulation of withdrawals and diversions of waters from said dams, reservoirs, wells and other facilities, and the sale of the same, subject to approval of State, Federal or interstate agencies which may have primary jurisdiction over water resources. Dams, wells and reservoirs acquired by purchase, lease or otherwise, or constructed by the commissioners may be for the sole purpose of water supply or in conjunction with any other purposes, except the generation of electric energy.(c) The board of commissioners may enter into contracts or long-range cooperative programs with State, Federal, interstate and local government agencies or public utilities for the development and use of the county's water resources.(d) It shall be lawful for any county to execute such agreements and contracts as it may deem necessary or advisable with an authority organized by such county to provide, design, acquire, hold, construct, improve, own, lease, as lessor or lessee, maintain and operate dams, reservoirs, wells and other facilities for the utilization of surface, subsurface and ground water resources and all related structures, appurtenances and equipment necessary for the use of the same; also to grant, convey, lease, transfer, encumber, mortgage and pledge to such authority, its dams, reservoirs, wells and related facilities and any improvements and additions thereto; to assign and pledge to such authority rentals, rates and charges charged and collected by it for the use thereof and to assign to such authority its power to collect the same. No such agreement, contract, grant, conveyance, lease, assignment, encumbrance, mortgage or pledge shall be construed to prevent the affected county from thereafter using its tax revenues for the purpose of maintaining, repairing, altering, inspecting or improving such dams, reservoirs, wells and related facilities.(e) Any county may enter into an agreement and contract for the sale of water to any other municipality, authority or public utility at reasonable and uniform rates to be determined exclusively by it.(1999c amended Oct. 24, 2018, P.L.931, No.154) Compiler's Note: The Department of Environmental Resources, referred to in subsec. (a), was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection. (w) Tourist Promotion Agencies((w) added Oct. 21, 1965, P.L.646, No.319) Section 1999d. Tourist Promotion Agencies; Appropriations.--(a) The board of commissioners of any county may create or may join with other counties in the creation of a tourist promotion agency, as defined under the act of July 4, 2008 (P.L.621, No.50), known as the "Tourism Promotion Act," for the purpose of making studies, surveys and investigations and for planning and carrying out promotional programs and projects designed to stimulate and increase the volume of tourist, visitor and vacation business within such county or counties and may appropriate funds for such purposes.(b) The board of commissioners may appropriate annually such amount of money as may be deemed necessary to any tourist promotion agency, as defined under the "Tourism Promotion Act," to assist such agencies in carrying out tourism promotional activities.(1999d amended Oct. 24, 2018, P.L.931, No.154) (x) Crime Detection Laboratory and Police Training Schoolin Counties of the Third Class(Hdg. amended Oct. 24, 2018, P.L.931, No.154) Section 1999e. Crime Detection Laboratories and Police Training Schools.--The board of commissioners of any county of the third class may appropriate money and provide for establishing a crime detection laboratory and police training school for the use of any political subdivisions situated within such county, and the training of police employed by such political subdivisions.(1999e added Dec. 8, 1965, P.L.1054, No.402) (y) Parking Facilities((y) added Dec. 7, 1965, P.L.1048, No.396) Section 1999f. Parking Facilities.--The board of commissioners of any county may appropriate moneys from the county treasury for the purpose of purchasing, constructing, maintaining and operating as a county facility a motor vehicle parking facility, or may create a municipal authority and appropriate moneys to such authority for such purpose, and the county commissioners, or the municipal authority created for such purpose, may lease to any city, borough or township wherein the parking facility is or shall be constructed, or to a parking authority created by the city, borough or township, the land to be used for a parking facility, or a parking facility, for the use, benefit, health, safety and general welfare of the citizens of the Commonwealth.(1999f amended Oct. 24, 2018, P.L.931, No.154) (z) Revenue Bonds for Industrial Development Projects(Hdg. amended Oct. 24, 2018, P.L.931, No.154) Section 1999g. Issuance of Revenue Bonds for Industrial Development Projects.--The board of commissioners of any county is empowered to issue revenue bonds of the county pursuant to provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), to provide sufficient moneys for and toward the acquisition, construction, reconstruction, extension, equipping or improvement of an industrial development project or projects, consisting of any building or facility or combination or part thereof occupied or utilized by an industrial, manufacturing, or research and development enterprise now existing or hereafter acquired, including any or all buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, water rights, franchises, machinery, equipment, furnishings, landscaping, utilities, railroad spurs and sidings, wharfs, approaches and roadways necessary or desirable in connection therewith or incidental thereto, said bonds to be secured solely by the pledge of the whole or part of the fees, rents, tolls or charges derived from the ownership or operation of such facilities or for the use or services of the same.Said industrial development project or projects financed by the issuance of revenue bonds as in this section provided may be leased by the county in whole or in part to a lessee or lessees for a period of years equal in time to the period of maturity of the bonds so issued.Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.The board of commissioners is further empowered to sell, lease, lend, grant, convey, transfer or pay over to any authority created pursuant to the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law," with or without consideration, any project or any part or parts thereof, or any interest in real or personal property or any funds available for industrial development purposes, including the proceeds of revenue bonds hereafter issued pursuant hereto, for industrial development purposes, and to assign, transfer and set over to any such authority and contracts which may have been awarded for the construction of projects not begun or, if begun, not completed.The board of commissioners is further empowered to enter into any and all contracts or agreements with any such authority and/or with any tenant or proposed tenant of any industrial development project and to do any or all things necessary or proper to effectuate the public purpose of this section.(1999g amended Oct. 24, 2018, P.L.931, No.154) (z.1) Grants to Nonprofit Art Corporations((z.1) added Nov. 1, 1979, P.L.452, No.89) Section 1999h. Grants to Nonprofit Art Corporations.--The board of commissioners of any county is empowered to make grants annually, not exceeding an amount equal to one mill of the real estate tax to nonprofit art corporations for the conduct of their artistic and cultural activities. For the purposes of this section nonprofit art corporation shall mean a local arts council, commission or coordinating agency, or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.(1999h added Nov. 1, 1979, P.L.452, No.89)(z.2) Commission on Women((z.2) added June 25, 1999, P.L.181, No.25) Section 1999i. Commission on the Status of Women.--The board of commissioners in any county may establish a commission on the status of women.(1999i added June 25, 1999, P.L.182, No.25) (z.3) Civil Service in Countiesof the Second Class A((z.3) added Oct. 24, 2018, P.L.931, No.154) Section 1999j. Civil Service for Certain Employes.--The county commissioners in a county of the second class A are hereby authorized to establish by ordinance a merit system for the selection, tenure, promotion and discharge of employes involved in any work for which the county receives or is eligible to receive Federal or State grants-in-aid.(1999j added Oct. 24, 2018, P.L.931, No.154) (z.4) Insuring County Against Loss or Liability((z.4) added Oct. 24, 2018, P.L.931, No.154) Section 1999k. Insurance.--(a) The commissioners may provide for such insurance as they deem appropriate on the real and personal property of the county, including, but not limited to, all grounds, buildings and contents, vehicles and information technology.(b) In addition to any form of comprehensive, general or umbrella liability insurance, the commissioners may acquire insurance against any form of loss or liability, including crime, fire, natural disaster, errors and omissions of officers or employes, vehicle operation and use of information technology.(1999k added Oct. 24, 2018, P.L.931, No.154) (z.5) Lot and Block System in Countiesof the Second Class A((z.5) added Oct. 24, 2018, P.L.931, No.154) Section 1999l. Lot and Block System, Generally.--Any county of the second class A which, upon the effective date of this section, has adopted and maintains a lot and block system for the registration of land titles, for the accumulation of county tax liens and for the enumeration of the parcels of real estate for the assessment of real estate taxes in one or more political subdivisions of the county may continue to operate a lot and block system until such time as the commissioners deem appropriate.(1999l added Oct. 24, 2018, P.L.931, No.154)Section 1999m. Duties of County Officers and Employees under Lot and Block System.--(a) Where a lot and block system under section 1999l remains in effect, the portion of the system relating to the plats, plat books and the upkeep of the same shall remain in the custody of the deed registry office of the county. The portion of the system containing the files, cards, indexes and other records relating to the liening of county taxes shall remain in and be maintained by the office of the controller of the county.(b) (1) The district assessors appointed by the county board of assessment appeals, whose assessments are being made within the municipal subdivisions that have had the lot and block system completed therein, shall use the lot and block system descriptive numbers in their original books of assessment.(2) The board of assessment appeals shall, within municipal subdivisions covered by a lot and block system, correct any assessment where the lot and block system descriptive number is absent.(3) The recorder of deeds shall receive for recording any deed that refers to a specific parcel of real estate. If the deed does not bear the certification by the custodian of the lot and block system that the descriptive numbers incorporated in the description of the real estate described therein are correct, then, before transcribing any such deed lacking the certification, the recorder of deeds shall obtain the same from the custodian of the lot and block system.(4) The treasurer or tax collector of each city, borough, town, township or school district where the lot and block system has been completed under the order of court shall place upon each tax bill sent out, and upon each tax receipt issued upon payment, the lot and block system descriptive numbers.(5) The controller, in the case of the county, and the treasurer, tax collector or solicitor, as the case may be, in each city, borough, township or school district, within which the lot and block system has been completed, shall, at the time of filing liens for unpaid taxes with the prothonotary, set forth on such liens the individual lot and block system descriptive numbers, and the prothonotary shall not receive and file such liens unless the descriptive numbers are contained thereon.(6) For the purposes of the sale of real estate for delinquent taxes, either by the sheriff of the county or by the commissioners and treasurer of the county, or by the treasurer of any city, borough, town, township or school district, the lot and block system descriptive numbers are hereby declared to be sufficient description for the advertising preceding such sale, for the oral description read at such sale prior to receiving bids and for the purposes of the description to be inserted in any tax deed to be given to the purchaser at such sale.(1999m added Oct. 24, 2018, P.L.931, No.154) ARTICLE XIX-AMILITARY AND VETERANS AFFAIRS(Art. XIX-A added Oct. 24, 2018, P.L.931, No.154) (a) Appropriations for Military Purposes((a) added Oct. 24, 2018, P.L.931, No.154) Section 1901-A. Appropriation of money or land for National Guard Armories.(a) Conveyance of land.--The board of commissioners of a county may convey land to the Commonwealth to assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard. The board of commissioners may acquire land for this purpose in a lawful manner.(b) Board.--The board of commissioners may also furnish water, light or fuel, free of cost to the Commonwealth, for use in an armory of the National Guard and may do all things necessary to accomplish this purpose.(1901-A added Oct. 24, 2018, P.L.931, No.154)Section 1902-A. Appropriation for maintenance of National Guard.(a) Support and maintenance.--The board of commissioners of a county may make appropriations for the support, maintenance, discipline and training of one or more units of the National Guard. If units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization.(b) Requirements.--All money appropriated shall be paid to the order of the commanding officer of the company, battalion, regiment or similar organization only when it shall be certified to the commissioners by the Adjutant General that the unit or units have satisfactorily passed the annual inspection provided by law. The money appropriated shall be used and expended solely and exclusively for the support, maintenance, discipline and training of the company, battalion, regiment or similar organization, and the commanding officer shall account by proper vouchers to the county each year for the expenditure of the money appropriated. No appropriation shall be made for a subsequent year until the expenditure of the previous year is duly and satisfactorily accounted for.(c) Inspection.--Accounts of expenditures shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the auditors or the controller, as the case may be, in the manner provided by law for the audit of accounts of county money.(1902-A added Oct. 24, 2018, P.L.931, No.154)Section 1903-A. Appropriation to rifle clubs in time of war.(a) Appropriation.--At any time a state of war exists, the board of commissioners of a county may appropriate money to civilian rifle clubs, duly chartered by the National Rifle Association of America, for the maintenance and rental of rifle ranges, the employment of competent instructors and necessary employees and for the equipment and uniforms for the members of clubs who volunteer for special military duty in their respective counties or answer a call of the Governor.(b) Restriction.--No money shall be appropriated to a club unless practice on a rifle range by the members of the club is with a United States military rifle or arms approved by the Adjutant General.(1903-A added Oct. 24, 2018, P.L.931, No.154) (b) Interment of Deceased Servicepersonsand Surviving Spouses(Subdiv. added Oct. 24, 2018, P.L.931, No.154) Section 1908-A. Definitions.As used in this subdivision, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:"Deceased serviceperson." The term includes:(1) A deceased person who, at the time of death, was serving, whether or not in a combat zone, in the Army, Navy, Air Force, Marine Corps, Coast Guard or a women's organization officially connected to those forces, during a war or armed conflict in which the United States has been, is now or shall be engaged, or who, at the time of death, was serving in a zone where a campaign or state or condition of war or armed conflict then existed, in which the United States was, is or shall be a participant. The existence of a campaign or state or condition of war or armed conflict, and the participation of the United States in the conflict as well as the fact that the deceased person served in a zone where a campaign or state or condition of war or armed conflict existed shall, in each case, be established by the records of the Department of Defense of the Federal Government.(2) A deceased person who had served at any time during the person's life and whose separation from service was honorable, whether by discharge or otherwise, or who, at the time of death, was continuing in service after the cessation of the war, armed conflict, campaign or state or condition of war during or in which the person served.(3) A deceased person who was in active service in the militia of the Commonwealth under a proclamation issued by the Governor during the Civil War and who was not duly mustered into the service of the United States but was honorably discharged or relieved from service."Legal residence." An actual residence, coupled with intention that it shall be permanent, or a residence presently fixed with no definite intention of changing it or of returning to a former residence at some future period. Legal residence is to be determined by abode of a person and the person's intention to abandon a former domicile and establish a new one. The legal residence of a deceased serviceperson shall be prima facia in the county where the person resided at the time of death.(1908-A added Oct. 24, 2018, P.L.931, No.154)Section 1909-A. Funeral expenses of deceased servicepersons.(a) Contributions.--Each county shall contribute at least $75 towards the funeral expenses of each deceased serviceperson in the cases provided in subsection (b) where, in each case, application for the contribution is made within one year after the date of the deceased serviceperson's death. In the case of a deceased serviceperson who died while in service, application may be made at any time. All contributions made under this section shall be uniform as to eligible deceased servicepersons within the same calendar year.(b) Payments.--Payments shall be made under the following circumstances:(1) Where the deceased serviceperson, at the time of death, had a legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county. Every deceased serviceperson having a legal residence in this Commonwealth at the time of death shall be entitled to the benefits of this section, regardless of where the person may have died or where the person may be interred, and the liability shall be on the county where the deceased serviceperson shall have had legal residence at the time of death.(2) Where the deceased serviceperson died and was interred in the county but, at the time of death, did not have legal residence within this Commonwealth, if the board of commissioners of the county where the person died are notified in writing by an organization of veterans that the body is unclaimed by relatives or friends and, upon investigation, shall find such conditions to exist.(1909-A added Oct. 24, 2018, P.L.931, No.154)Section 1910-A. Interment of spouses of deceased servicepersons.Upon due application and proof, the county shall contribute at least $75 towards the funeral expenses of a spouse of a deceased serviceperson who, at the time of death, had a legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county. The county shall not contribute money toward the funeral expenses of a spouse of a deceased serviceperson who had remarried after the death of the deceased serviceperson. In each case, application for the contribution shall be made within one year after the date of the death of the spouse. All contributions made under this section shall be uniform as to eligible spouses within the same calendar year.(1910-A added Oct. 24, 2018, P.L.931, No.154)Section 1911-A. Payment.(a) Funeral expenses.--The county shall make a payment in the amount authorized or required under section 1909-A or 1910-A for each deceased serviceperson or spouse of a deceased serviceperson in accordance with the provisions of this subdivision, to be paid out of the funds of the county, and payments shall be made payable to the applicant or applicants if the application shows that the funeral expenses have been paid. Otherwise, payments shall be made to the funeral director performing the services, with notice to the applicant.(b) Personal representative.--Application for contributions shall be made by the personal representative of a deceased serviceperson or a deceased serviceperson's spouse. If no qualified personal representative is available, the application then may be made by the next-of-kin, an individual or a veterans' organization, who or which assumes responsibility for the cost of burial. The facts contained in the application shall be sustained by affidavit. A person who knowingly files an application under this section which is false in any material manner shall be guilty of a misdemeanor in accordance with 18 Pa.C.S. § 4903 (relating to false swearing).(c) Application.--The application shall be on forms prescribed by the Department of Military and Veterans Affairs and shall verify whether the funeral expenses have been paid. The application shall be attached to a certified copy of the death certificate and an affidavit prepared by the funeral director who had charge of the interment, which certifies that the funeral director did render the service.(1911-A added Oct. 24, 2018, P.L.931, No.154)Section 1912-A. Flag holders for graves.(a) Flag holders.--The commissioners of each county shall, from time to time as they consider expedient, procure appropriate flag holders for the graves of deceased servicepersons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces and whose separation from service was honorable, whether by discharge or otherwise. Such flag holders shall be of bronze, aluminum or a suitable weather-resistant substitute material.(b) Requirement for flag holders.--The commissioners of each county shall place a flag holder upon the grave of each deceased serviceperson and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces whose separation from service was honorable, whether by discharge or otherwise who at the time of death:(1) had legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county; or(2) did not have a legal residence within this Commonwealth.(c) Design of flag holders.--If a deceased serviceperson was a veteran of a war or campaign for which the Federal Government issued discharge buttons, the flag holders designated for their graves shall include a facsimile of the discharge button. If a deceased serviceperson was a veteran of the Korean Conflict, the markers designated for their graves shall include a circular emblem with the words "Korea, U.S., 1950-1953" in the border and shall incorporate the insignia of the Army, Navy, Marine Corps, Air Force or Coast Guard, as appropriate, in the form approved by the State Veterans' Commission.(d) Memorial certificate.--In the case of a county of the second class A, in lieu of placing a flag holder on the grave, if the next-of-kin of a veteran so requests, a memorial certificate may be issued to the next-of-kin of a deceased serviceperson who, at the time of death, had legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county. The memorial certificate shall indicate the deceased serviceperson's name and designate the war or campaign in which the deceased serviceperson served.(1912-A added Oct. 24, 2018, P.L.931, No.154)Section 1913-A. Memorial benefit.(a) Memorial.--The county commissioners shall provide, directly or reimbursement toward the expense of, a memorial designated in subsection (b) on the graves of deceased servicepersons who, at the time of death, had legal residence in the county as well as on the graves of all other deceased servicepersons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces and whose separation from service was honorable, whether by discharge or otherwise.(b) Specifications.--The commissioners shall provide a concrete or granite base for a headstone provided by the Federal Government, or if lettering only on an existing memorial is desired by the family, the county commissioners shall provide the lettering.(c) Commissioner requirements.--In the event the body of any deceased serviceperson either cannot or will not be returned to the United States, it shall be the duty of the county commissioners to provide a memorial benefit in the family plot of the deceased serviceperson. If lettering of an existing memorial is desired by the family, the inscription shall include:(1) the name, rank and organization of the deceased serviceperson;(2) the name of the country, location or manner in which the person lost his or her life; and(3) the cemetery or other interment site where the deceased serviceperson has been interred, if any.(d) Expense for benefit.--The expense for a benefit provided under this section shall be paid for by the county in which the deceased serviceperson had legal residence at the time of death, whether or not the person died in the county and whether or not the person was interred in the county. The expense shall not exceed the actual cost of providing the concrete or granite base or lettering. The county commissioners of each county shall pay from the treasury to the party or parties furnishing the benefit.(e) Legal disputes.--In cases of dispute concerning the legal residence of a deceased serviceperson, the county in which a deceased serviceperson is interred shall perform the duties required under this section. No payment shall be made unless the application is approved by the county commissioners before the commencement of the project.(f) Offense.--Any person who intentionally or recklessly destroys, mutilates, removes or defaces a grave marker, headstone or flag holder commits an offense under 18 Pa.C.S. § 3903 (relating to grading of theft offenses).(1913-A added Oct. 24, 2018, P.L.931, No.154)Section 1914-A. Burial plots.The county commissioners of each county are authorized to purchase plots of ground in each cemetery or other interment site for the interment of deceased servicepersons whose bodies are entitled to be interred under this subarticle. Costs under this section shall be paid by the county commissioners from the county treasury. The purchase price of plots of ground shall not be charged against or allotted as part of the cost of interment of deceased servicepersons who may be interred in any of the plots under this subarticle.(1914-A added Oct. 24, 2018, P.L.931, No.154)Section 1915-A. Care of graves and headstones.The county commissioners of each county may ensure that the graves and headstones of all deceased servicepersons and all other veterans who are buried in the county receive proper and fitting care and may employ all necessary assistants to carry out the provisions of this section. The expense of the care of the graves and headstones may be paid for by the county where the graves are located, except where suitable care is otherwise provided. Money appropriated may be expended directly by the county commissioners or paid over to the person, firm, association or corporation owning or controlling a cemetery or other interment site in the county where a grave is situated. The sum paid for a grave each year shall not exceed the charge for the annual care and maintenance of like graves in the same cemetery or, if no fixed charge is established in that cemetery, shall not exceed the sum charged in other cemeteries in the same county for like service.(1915-A added Oct. 24, 2018, P.L.931, No.154)Section 1916-A. Determining eligibility for interment benefits.(a) Proof required.--In each case where application is made for a contribution toward the funeral expenses of a deceased serviceperson or the surviving spouse of a deceased serviceperson or for a memorial benefit under section 1913-A, the county commissioners shall, before expending any money, require proof of the following:(1) The service of the deceased serviceperson which entitles that person or the surviving spouse to the benefits under this subarticle. Proof shall be made by the production of an honorable discharge or other official record showing service during a war in which the United States is or was engaged, or by the records of the United States Department of Defense, or by copies filed in the Department of Military and Veterans Affairs showing the existence of a campaign or state or condition of war, the participation of the United States and the service of the deceased serviceperson in a zone where a campaign or state or condition of war existed.(2) The death of the deceased serviceperson.(3) In addition to paragraphs (1) and (2), in the case of the interment of the surviving spouse of a deceased serviceperson, the death of the surviving spouse and the fact that the spouse was married to the deceased serviceperson at the time of the serviceperson's death and that the spouse has not since remarried.(4) Except in cases where persons not having a legal residence within this Commonwealth are entitled to any of the benefits under this subarticle, the legal residence within the county of the deceased serviceperson or of the surviving spouse of a deceased serviceperson, as the case may be.(b) Documentation required.--Death shall, in all cases, be proven by a death certificate, if procurable, or else by one of the following:(1) Affidavit of one or more persons personally acquainted with the deceased and the fact of the person's death.(2) Proof of the record of death kept by the attending physician.(3) Proof of the record of interment kept by the funeral director.(4) Records of the church burial association or cemetery company maintaining the graveyard, burial ground, cemetery or other interment site in which the deceased serviceperson was interred.(c) Satisfaction of proof.--If proof required by this subarticle has been furnished to the county commissioners, no further proof of the same facts shall be required in order to obtain any other benefit under this subarticle.(1916-A added Oct. 24, 2018, P.L.931, No.154) (c) Memorial Observances((c) added Oct. 24, 2018, P.L.931, No.154) Section 1921-A. Appropriations to veterans' organizations for expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day.(a) Appropriations.--The board of commissioners may make appropriations to aid in defraying the expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day to each camp, post, detachment or organization in the county of the following:(1) The United Spanish War Veterans.(2) The American Legion.(3) The Veterans of Foreign Wars.(4) The Veterans of World War I of the USA, Inc.(5) The American War Veterans of World War II (AMVETS).(6) The Society of the Twenty-eighth Division, AEF, Incorporated.(7) Italian American War Veterans of the United States, Incorporated.(8) The Marine Corps League.(9) Each naval association.(10) The Grand Army of the Republic.(11) The Disabled American Veterans.(12) The American Gold Star Mothers.(13) The Sons of Union Veterans of the Civil War, the Daughters of Union Veterans of the Civil War or, in the absence of orders, a duly constituted organization that decorates graves of Union Veterans of the Civil War.(14) Any other nationally chartered veterans' organization or other veterans' organization recognized by the county.(b) Payments.--Payments under this section shall be made to defray actual expenses only. Before any payment is made, the organization receiving the payment shall submit verified accounts of their expenditures.(1921-A added Oct. 24, 2018, P.L.931, No.154)Section 1922-A. Flags to decorate graves.(a) Memorial Day flags.--It shall be the duty of the county commissioners of each county to provide flags on each Memorial Day with which to decorate the graves of all deceased servicepersons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces, whose separation from service was honorable, whether by discharge or otherwise, and who are interred within the county. The flags to be used shall be standard size, colorfast and American-made and shall be purchased at the expense of the county from money in the county treasury.(b) Veterans' organizations.--Counties may coordinate with local veterans' organizations to ensure that cemeteries are decorated in compliance with the provisions of this section. Flags required under this section shall be furnished to the various veterans' organizations in numbers required for their respective communities.(c) Appropriations.--Money expended by each county under this section shall be in addition to money appropriated by counties for Memorial Day purposes.(d) Maintenance.--(1) Annually, the authorities in charge of each cemetery are authorized to remove flags as follows:(i) A cemetery may remove flags when flags become unsightly or weatherworn any time on or after the first working day after Veterans' Day. Prior to Veterans' Day, a cemetery may request replacement flags from the county which may be used by the cemetery to replace weatherworn flags, if such replacement flags are available.(ii) Notwithstanding subparagraph (i), a cemetery may remove flags as a part of the cemetery's normal course of maintenance not before the first working day after Independence Day, but prior to Veterans' Day provided that the cemetery makes the flags available to family members, veterans' organizations or other community organizations for the purpose of decorating graves in recognition of Veterans' Day.(2) A cemetery may remove flag holders for annual storage upon the authorized removal of flags.(e) Removal of flags by family members.--A family member of a person whose grave is decorated with a flag by the county for the purpose of Memorial Day may take and keep the flag after the first working day after Veterans' Day.(f) Offense.--Except as otherwise provided in this section, a person, other than a family member removing the flag from a deceased relative's grave, who removes or causes the removal of flags prior to the first working day after Independence Day shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of $300 and, upon failure to pay a fine, to undergo imprisonment not to exceed 90 days.(g) Exception.--A cemetery or an owner, employee, agent or contractor of a cemetery who removes or causes the removal of a flag, grave marker, headstone, flag holder or other memorial in good faith in the course of maintenance, repair or mitigation of damage shall not be subject to subsection (f) or section 1913-A(f).(1922-A added Oct. 24, 2018, P.L.931, No.154)Section 1923-A. Compilation of war records.(a) Records required.--The county commissioners of each county are authorized and directed, at the expense of the county, to compile a record of the interment sites within the county of deceased servicepersons and all other veterans. Records, so far as practicable, shall indicate the name of each deceased serviceperson, the service in which the person was engaged, the number of the regiment, company or command, the rank and period of service, the name and location of the cemetery or other place in which the person's body is interred, the location of the grave in a cemetery or other place and the character of headstone or other marker, if any, at the grave. The record shall be known as the Veterans' Grave Registration Record of ............................. County, and shall be a public record, open to inspection during business hours.(b) Record blanks.--The county commissioners of each county shall ensure that record blanks are prepared, according to forms prescribed by the Department of Military and Veterans Affairs, whereby the information required for the record may be transmitted to the commissioners upon request.(c) Certificate required.--Every person, firm, association or corporation, including a municipal corporation, owning or controlling a cemetery or interment site in this Commonwealth which inters bodies of deceased servicepersons shall file with the county director of veterans' affairs of the county in which the cemetery is located a certificate, on the record blanks provided by the county commissioners, of the facts required for the record if the facts are within the knowledge of the person, firm, association or corporation or a designated agent.(d) Offense.--The county commissioners of each county shall ensure that record blanks are distributed to a person, firm, association or corporation, as they deem advisable, with the request that the information required under this section be transmitted to the county. A person, firm, association or corporation, except municipal corporations, that refuses or neglects to fill out and transmit to the county commissioners the blanks or forms within six months after receipt of the blanks or forms is guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of $100.(e) Location of interment sites.--For the purpose of locating the interment sites of persons who have served in the armed forces of the United States during a war or armed conflict in which the United States was engaged, any veterans' organization listed in section 1921-A(a) or otherwise recognized by the county is authorized, without expense to the county, to collect the required data and prepare and file with the county commissioners certificates embodying the information required under this section.(f) Written notice.--Notwithstanding any provision to the contrary, any organization that accepts remains under section 506.2 of the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953, which allows certain veterans' service organizations to claim the remains of certain deceased veterans, shall give written notice of the location and manner of the final disposition of the remains to the county director of veterans' affairs of the county in which the final disposition of the remains is made.(1923-A added Oct. 24, 2018, P.L.931, No.154)Section 1924-A. Director of veterans' affairs.(a) Appointment.--The county commissioners of a county shall appoint an eligible person under 51 Pa.C.S. § 1731(a) (relating to accreditation) to serve as the director of veterans' affairs, who shall receive compensation as fixed by the salary board.(b) Responsibility of director.--It shall also be the duty of the director of veterans' affairs to:(1) Assist all veterans and their families in securing rights relating to their person, property and care of family under any of the laws of the United States and this Commonwealth.(2) Assist the county commissioners in administering the provisions of this subdivision which relate to the interment of deceased servicepersons and their surviving spouses and to furnishing flagholders and placing headstones on their graves. (3) Compile and maintain war records and records of interment sites of deceased servicepersons in accordance with the provisions of this subdivision.(4) Perform other duties provided by statute, including, but not limited to, the duties required under 51 Pa.C.S. § 1731(c).(c) Compensation.--For services performed under subsection (b), the director of veterans' affairs shall be entitled to expenses incurred and additional compensation. Both expenses and compensation shall be subject to the approval of the salary board.(1924-A added Oct. 24, 2018, P.L.931, No.154) ARTICLE XXPLANNING, ZONING AND TRAFFIC (a) County and Regional Planning Commissions Section 2001. Creation and Powers of County Planning Commissions.--(2001 repealed Jul. 31, 1968, P.L.805, No.247)Section 2002. Submission of Resolutions for Certain Improvements; Reports.--(2002 repealed Jul. 31, 1968, P.L.805, No.247)Section 2003. Appearance in Proceedings.--(2003 repealed Jul. 31, 1968, P.L.805, No.247)Section 2004. Plans of Subdivisions; Jurisdiction; Scope of Subdivisions; Regulations; Procedure; Penalties.--(2004 repealed Jul. 31, 1968, P.L.805, No.247)Section 2005. Maps of County.--(2005 repealed Jul. 31, 1968, P.L.805, No.247)Section 2006. Recommendations to County Commissioners and Others.--(2006 repealed Jul. 31, 1968, P.L.805, No.247)Section 2007. Cooperation Between Commission and Political Subdivisions.--(2007 repealed Jul. 31, 1968, P.L.805, No.247)Section 2008. Local Authorities to Submit Plans to County Planning Commission.--(2008 repealed Jul. 31, 1968, P.L.805, No.247)Section 2009. Creation of Regional Planning Commission.--(2009 repealed Jul. 31, 1968, P.L.805, No.247)Section 2010. Regional Planning Commission to Make Master Plan.--(2010 repealed Jul. 31, 1968, P.L.805, No.247)Section 2011. Delegated Powers of Regional Planning Commission.--(2011 repealed Jul. 31, 1968, P.L.805, No.247) (b) County Zoning Section 2020. Grant of Power.--(2020 repealed Jul. 31, 1968, P.L.805, No.247)Section 2021. Zoning Commission.--(2021 repealed Jul. 31, 1968, P.L.805, No.247)Section 2022. Assistance from State Agencies; Personnel.--(2022 repealed Jul. 31, 1968, P.L.805, No.247)Section 2023. Preparation of Zoning Plan.--(2023 repealed Jul. 31, 1968, P.L.805, No.247)Section 2024. Zoning Ordinance.--(2024 repealed Jul. 31, 1968, P.L.805, No.247)Section 2025. Method of Procedure.--(2025 repealed Jul. 31, 1968, P.L.805, No.247)Section 2026. Purposes of Zoning Regulations.--(2026 repealed Jul. 31, 1968, P.L.805, No.247)Section 2027. Amendments.--(2027 repealed Jul. 31, 1968, P.L.805, No.247)Section 2028. Cooperation Between Counties.--(2028 repealed Jul. 31, 1968, P.L.805, No.247)Section 2029. The Board of Adjustment.--(2029 repealed Jul. 31, 1968, P.L.805, No.247)Section 2030. Appeals to the Board of Adjustment.--(2030 repealed Jul. 31, 1968, P.L.805, No.247)Section 2031. Court Review.--(2031 repealed Jul. 31, 1968, P.L.805, No.247)Section 2032. Violations; Enforcement and Remedies.--(2032 repealed Jul. 31, 1968, P.L.805, No.247)Section 2033. Nonconforming Uses.--(2033 repealed Jul. 31, 1968, P.L.805, No.247)Section 2034. List of Nonconforming Uses.--(2034 repealed Jul. 31, 1968, P.L.805, No.247)Section 2035. Filing.--(2035 repealed Jul. 31, 1968, P.L.805, No.247)Section 2036. Finances.--(2036 repealed Jul. 31, 1968, P.L.805, No.247)Section 2037. Conflict With Other Laws.--(2037 repealed Jul. 31, 1968, P.L.805, No.247)Section 2038. Subdivision Not to Apply to Certain Buildings of Public Utility Corporations.--(2038 repealed Jul. 31, 1968, P.L.805, No.247)Section 2039. Definitions.--(2039 repealed Jul. 31, 1968, P.L.805, No.247) ARTICLE XXIPUBLIC HEALTH (a) General Provisions Section 2101. Health Work.--The commissioners may provide and annually appropriate from any moneys in the county treasury not otherwise appropriated such sum or sums as they deem necessary for the protection of the health, cleanliness, convenience, comfort and safety of the people of the county.(2101 amended Oct. 24, 2018, P.L.931, No.154) (b) County and Joint County Hospitals((b) repealed Oct. 24, 2018, P.L.931, No.154) Section 2110. Expenses of Maintenance, Care and Treatment.--(2110 repealed Oct. 24, 2018, P.L.931, No.154)Section 2111. Administration of County and Joint County Hospitals.--(2111 repealed Oct. 24, 2018, P.L.931, No.154)Section 2112. Removal of Contagious Cases to Hospital.--(2112 repealed Oct. 24, 2018, P.L.931, No.154)Section 2113. Advisory Board for County Hospital for Tuberculosis.--(2113 repealed Oct. 24, 2018, P.L.931, No.154)Section 2114. Employes' Salaries in County Hospital for Tuberculosis.--(2114 repealed Oct. 24, 2018, P.L.931, No.154)Section 2115. Management.--(2115 repealed Oct. 24, 2018, P.L.931, No.154)Section 2116. Use of Hospital.--(2116 repealed Oct. 24, 2018, P.L.931, No.154)Section 2117. Patients from Other Counties; Donations.--(2117 repealed Oct. 24, 2018, P.L.931, No.154)Section 2118. Appropriations; Tax Levy.--(2118 repealed Oct. 24, 2018, P.L.931, No.154)Section 2119. Hospitals for Tuberculosis Established Under Other Laws.--(2119 repealed Oct. 24, 2018, P.L.931, No.154) (c) County Health Aid to Institutionsand Political Subdivisions Section 2130. Appropriations to Hospitals, Health Clinics and Homes.--The commissioners may make appropriations to support a hospital or health clinic or comparable facility, which is engaged in charitable work and extends treatment and medical attention to residents of the county, and may also appropriate moneys for the support of any home or place of detention of dependent, delinquent and neglected children located within the county.(2130 amended Oct. 24, 2018, P.L.931, No.154)Section 2131. Appropriation to Society Maintaining Tuberculosis Sanitarium for Indigent.--(2131 repealed Oct. 24, 2018, P.L.931, No.154)Section 2132. Aid to Municipal Corporations for Sewage Purposes.--The commissioners may make appropriations to aid municipal corporations in the construction or maintenance of sewers or waste water treatment facilities if the project has received all necessary approvals or permits from the Department of Environmental Protection.(2132 amended Oct. 24, 2018, P.L.931, No.154)Section 2133. Aid to Municipal Corporations for Water Systems.--The commissioners may make appropriations to aid municipal corporations in the construction or maintenance of public water systems if the project has first received all necessary approvals or permits from the Department of Environmental Protection.(2133 added Oct. 24, 2018, P.L.931, No.154) (d) Insect Control Section 2150. Elimination and Abatement of Larvae Breeding Places; Liens.--(a) ((a) deleted by amendment)(b) The county commissioners of counties of the third through eighth class shall have power to eliminate breeding places of mosquitoes on private or public property within the county. The commissioners may provide for all acts, including entry upon private or public property, to carry out all plans which, in their opinion and judgment through consultation with public health or veterinary officials, are deemed to be necessary for the preservation of human or animal health by the elimination of breeding places of mosquitoes, or which will tend to exterminate disease-carrying mosquitoes within the county.(c) Any water, in which mosquito larvae breed, is hereby declared a public nuisance and subject to abatement as such. Whenever any such breeding place exists on any lands in the county, other than meadow or marsh lands subject to the ebb and flow of the tide, which breeding place should, in the opinion of the commissioners, be abated they shall, in writing, order the owner or owners of such lands to abate the same within a reasonable period, and in a manner, to be specified in such order. If, at the expiration of such period, such order has not been complied with, or if the owner or owners of such lands cannot be ascertained or found, the commissioners shall, at once, abate said nuisance and may assess all or part of the cost of such abatement against the lands on which such breeding place exists. They may file municipal liens for said assessments within the time and in the manner provided by law, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens.(2150 amended Oct. 24, 2018, P.L.931, No.154)Section 2151. Not to Affect Public Water Supply.--No order of abatement shall authorize, nor shall the county commissioners employ, any method of extermination which shall in any way affect waters used and useful in the supply of water to the public, whether by a municipality or a water supply company. Man-made pools which allow mosquito propagation are subject to be targeted first, and strategies shall be supported that minimize environmental impact.(2151 amended Oct. 24, 2018, P.L.931, No.154)Section 2152. Appropriations.--The county commissioners may appropriate the amount of money necessary for the purpose of carrying out the provisions of this subdivision. In no year shall the amount, so appropriated, exceed one-fourth of one mill on each dollar of the assessed value of taxable real estate in the county. The sums, so appropriated, or so much thereof as may be required, shall be paid out, from time to time, by the county treasurer on the orders of the county commissioners.(a) ((a) deleted by amendment)(b) ((b) deleted by amendment)(2152 amended Oct. 24, 2018, P.L.931, No.154) (e) Care of Dependents and Children((e) added Sep. 19, 1961, P.L.1495, No.638) Section 2160. Definitions.--As used in this subdivision, unless the context otherwise indicates:"Institution district" means a county institution district managed by the commissioners of the county."Dependent" means an indigent person requiring public care, including maintenance, medical care, clothing and incidentals, because of physical or mental health needs or disability."Institution" means a hospital, health care clinic or comparable facility."Public charge" means a person who is unable to maintain himself and who requires and receives aid from the Commonwealth or from any political subdivision thereof.(2160 amended Oct. 24, 2018, P.L.931, No.154)Section 2161. County Institution Districts Abolished.--All county institution districts in counties of the fourth, fifth, sixth, seventh and eighth classes are hereby abolished. The property, real and personal, of each such existing county institution district on the effective date of these amendments is hereby transferred to and vested in the county wherein the institution district is located. All indebtedness of any institution district, whether current or bonded, incurred in the acquisition of any of such property, and in erecting improvements thereon, shall become the debt and obligation of such county and shall be paid by it. All the powers and duties of the institution districts, in connection with administering their affairs, are hereby transferred to the counties in which such institution districts are located.(2161 amended Jul. 31, 1963, P.L.372, No.200)Section 2162. Records.--The commissioners of each county of the fourth, fifth, sixth, seventh and eighth class shall keep records of the work necessitated by this subdivision as prescribed by the Department of Human Services, and shall from time to time, make such reports to such department as it shall require.(2162 amended Oct. 24, 2018, P.L.931, No.154)Section 2163. Powers and Duties.--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall have the power and their duty shall be:(1) To erect, equip, maintain, repair, alter and add to institutions for the care of dependents. Any plan for the erection or substantial alteration of an institution must be approved as to suitability by the Department of Human Services.(2) To pay the necessary expenses of land and buildings for the care of dependents and farms.(2163 amended Oct. 24, 2018, P.L.931, No.154)Section 2164. Further Powers and Duties.--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall have the power and it shall be their duty, with funds of the county, according to rules, regulations and standards established by the Department of Human Services:(1) To care for any dependent in the county, who is not otherwise cared for.(2) To contract with other counties or any individual, association, corporation or other entity for the care of any dependent.(3) To contract with any association in Pennsylvania organized to provide a home or employment for persons with disabilities.(4) To pay the cost or part of the cost imposed by law upon county institution districts for patients with mental health needs or intellectual disability.(5) To take any other action authorized by law.(6) To contract with any individual, association, corporation, institution or governmental agency for the purpose of providing foster home care for persons over eighteen years of age. If, in the discretion of the county commissioners, such foster home care is advisable, the county commissioners may expend funds for such foster home care in addition to any funds paid by the Commonwealth or any individual, association, corporation, institution or governmental agency to or for such persons over eighteen years of age.(7) To require that any person cared for in an institution as defined herein shall pay for the cost of his care to the extent of his available resources.(8) To provide or to contract with any individual, corporation, institution or governmental agency to provide care and services designed to help dependents remain in or return to community living, outside county institutions.(2164 amended Oct. 24, 2018, P.L.931, No.154)Section 2165. Care of Persons Referred by Department of Human Services.--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall have power to care for any dependent or other indigent person in the county who is referred to them by the Department of Human Services or by a local board under its supervision.(2165 amended Oct. 24, 2018, P.L.931, No.154)Section 2166. Provision for Burial of Dependents and Other Persons.--Except as otherwise provided by law, the county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall provide for the burial of any person who dies in the county unless his body is claimed by a relative by blood or marriage, or by a friend, or by his fraternal or veterans' organization, or by a charitable organization, or by the Anatomical Board of the State of Pennsylvania, and is buried at the expense of such relative, friend or organization. No such burial shall cost more than three hundred dollars ($300).(2166 amended Dec. 22, 1965, P.L.1162, No.456)Section 2167. Treatment of Persons in Danger of Hydrophobia.--(2167 repealed Oct. 24, 2018, P.L.931, No.154)Section 2168. Powers and Duties of County Commissioners as to Children.--The county commissioners of any county of the fourth, fifth, sixth, seventh or eighth class shall have the power and for the purpose of protecting and promoting the welfare of children and youth, it shall be their duty to provide those child welfare services designed to keep children in their own homes, prevent neglect, abuse and exploitation, help overcome problems that result in dependency, neglect or delinquency, to provide in foster family homes and child caring institutions adequate substitute care for any child in need of such care and upon the request of the court, to provide such services and care for children and youth who have been adjudicated dependent, neglected or delinquent.(2168 amended Oct. 24, 2018, P.L.931, No.154)Section 2169. Contributions for Medical Care.--The commissioners of each county of the fourth, fifth, sixth, seventh or eighth class shall have the power to make annual appropriations from the funds of the county for the support of any public institution operated, or to any nonprofit corporation organized, to give medical care to the dependents and children of the county.(2169 amended Oct. 24, 2018, P.L.931, No.154)Section 2170. Inspections by Department of Human Services.--The institutions and books, accounts and records of each county pertaining to its powers and duties authorized by this subdivision shall, at all times, be open to the inspection of the Department of Human Services and its agents.(2170 amended Oct. 24, 2018, P.L.931, No.154)Section 2171. Reports of Persons Applying for Treatment of Disease.--Each county of the fourth, fifth, sixth, seventh and eighth class shall make a record of all of the personal and statistical particulars relative to the inmates in their institutions, as directed by the Department of Health, for statistical purposes, and thereafter such record shall be by them made for all future inmates at the time of their admission. In case of dependents admitted or committed for medical treatment of disease, the physician in charge shall specify for entry in the record the nature of the disease and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual dependent himself, if it is practicable to do so, and when they cannot be so obtained, they shall be secured in as complete a manner as possible from the relatives, friends or other persons acquainted with the facts.(2171 amended Jul. 31, 1963, P.L.372, No.200)Section 2172. Rules and Regulations.--The county commissioners of each county of the fourth, fifth, sixth, seventh and eighth class shall have power to make such rules and regulations, not inconsistent with this act and not inconsistent with the rules and regulations of the Department of Human Services, as may be deemed proper, convenient and necessary for the government of its institutions and to properly care for dependents.(2172 amended Oct. 24, 2018, P.L.931, No.154)Section 2173. Providing Certain Services Without Charge Prohibited.--Notwithstanding any other provisions of law, no county commissioners shall provide without charge any items of care or service which an individual is entitled to receive as assistance under the act of June 13, 1967 (P.L.31, No.21), known as the "Human Services Code," but this section shall not be construed to preclude county commissioners from providing additional forms of assistance not inconsistent with the Human Services Code or the regulations of the Department of Human Services.(2173 amended Oct. 24, 2018, P.L.931, No.154)Section 2174. Payments by County Commissioners for Assistance.--The county commissioners shall pay monthly to the Department of Human Services, as such county commissioners payment for assistance, the amount expended by the department during the preceding month as assistance on behalf of patients receiving public nursing home care in a county medical institution, and on behalf of children in foster family homes and child-caring institutions, plus the cost of administering such assistance, minus the amount of Federal funds properly received or to be received by the Department of Human Services on account of such expenditures increased or reduced, as the case may be, by any amount by which the sum paid for any previous month differed from the amount which should have been paid for such previous month and by the proportionate share of refunds of such assistance as provided in the act of June 13, 1967 (P.L.31, No.21), known as the "Human Services Code." The Department of Human Services shall certify to the county commissioners the amount to be paid by them to the department.(2174 amended Oct. 24, 2018, P.L.931, No.154)Section 2174.1. Limitation of Authority Respecting Public Assistance Recipients.--The county commissioners shall not exercise supervision or control over the finances or services other than medical or remedial care provided as assistance to or on behalf of dependents who are recipients of assistance under the "Public Assistance Law."(2174.1 added Sep. 19, 1961, P.L.1495, No.638)Section 2175. Settlement.--(2175 repealed Oct. 24, 2018, P.L.931, No.154)Section 2176. Removal to County of Settlement.--(2176 repealed Oct. 24, 2018, P.L.931, No.154)Section 2177. Liability for Costs.--(2177 repealed Oct. 24, 2018, P.L.931, No.154) (f) Training for County Health, Welfareand Probation Personnel((f) added Aug. 9, 1963, P.L.626, No.334) Section 2180. Attendance at Training Courses and Conferences.--The commissioners of any county may approve attendance at county expense by county health, human services or probation personnel at appropriate training courses or at state or national conferences in the health, welfare or correctional fields. Each person attending a training course or conference shall submit an itemized account of expenses related to the event according to the provisions of section 446.(2180 amended Oct. 24, 2018, P.L.931, No.154) (g) Boards of Health in Counties of the Third Class(1) Board of Health((g) added Nov. 18, 1968, P.L.1058, No.323) Section 2185. Board of Health Jurisdiction Incompatibility.--(2185 repealed Oct. 24, 2018, P.L.931, No.154)Section 2186. Qualifications; Term; Removal.--(2186 repealed Oct. 24, 2018, P.L.931, No.154)Section 2187. Oath of Office; Organization; Secretary.--(2187 repealed Oct. 24, 2018, P.L.931, No.154)Section 2188. Duties of Secretary.--(2188 repealed Oct. 24, 2018, P.L.931, No.154)Section 2189. Health Officer; Qualifications; Oath and Bond.--(2189 repealed Oct. 24, 2018, P.L.931, No.154)Section 2190. Duties of Health Officer.--(2190 repealed Oct. 24, 2018, P.L.931, No.154)Section 2191. Duties of Board of Health.--(2191 repealed Oct. 24, 2018, P.L.931, No.154)Section 2192. Powers of Board of Health.--(2192 repealed Oct. 24, 2018, P.L.931, No.154)Section 2193. Effect of Rules and Regulations.--(2193 repealed Oct. 24, 2018, P.L.931, No.154)Section 2193.1. Prohibition of Political Activity.--(2193.1 repealed Oct. 24, 2018, P.L.931, No.154)Section 2193.2. Prohibition of Assessments.--(2193.2 repealed Oct. 24, 2018, P.L.931, No.154)Section 2194. Fees and Penalties.--(2194 repealed Oct. 24, 2018, P.L.931, No.154)Section 2195. Proceedings of Board to be Public.--(2195 repealed Oct. 24, 2018, P.L.931, No.154)Section 2195.1. Employes of Boards of Health.--(2195.1 repealed Oct. 24, 2018, P.L.931, No.154)Section 2195.2. Program Controls.--(2195.2 repealed Oct. 24, 2018, P.L.931, No.154) (2) Abatement of Public Nuisances Section 2196. Definition.--(2196 repealed Oct. 24, 2018, P.L.931, No.154)Section 2197. Procedure for the Abatement of Public Nuisances.--(2197 repealed Oct. 24, 2018, P.L.931, No.154)Section 2198. Contents of Notice.--(2198 repealed Oct. 24, 2018, P.L.931, No.154)Section 2199. Hearing; Disposition.--(2199 repealed Oct. 24, 2018, P.L.931, No.154)Section 2199.1. Abatement of Public Nuisances by Board of Health or County.--(2199.1 repealed Oct. 24, 2018, P.L.931, No.154) (3) Penalties Section 2199.2. Penalties.--(2199.2 repealed Oct. 24, 2018, P.L.931, No.154) (h) General Hospitals((h) added May 22, 1972, P.L.305, No.81) Section 2199.5. Establishment; Creation of Municipal Authorities.--The board of commissioners of any county may acquire, hold, construct, improve, maintain and operate, own and lease, either in the capacity of lessor or lessee, general hospitals within the county for the use, benefit, health, comfort, safety and general welfare of the people of the Commonwealth and appropriate moneys from the county treasury for such purposes, or may create a municipal authority pursuant to the Municipality Authorities Act of 1945 and appropriate moneys to such authority for any of such purposes.(2199.5 added May 22, 1972, P.L.305, No.81)Section 2199.6. Expenses.--All expenses incident to the maintenance and operation of any hospital owned or leased to the county, or otherwise established under section 2199.5, including any lease rentals payable by the county to a municipal authority shall be paid by the county out of county funds.(2199.6 amended Oct. 24, 2018, P.L.931, No.154)Section 2199.7. Administration of Hospitals.--Any hospitals owned by or leased to the county may be operated by and under the authority of the county commissioners of the county in the same manner that other county buildings and institutions are operated or may be subleased to the governing body of any general hospital within the county for operation by such governing body.(2199.7 amended Oct. 24, 2018, P.L.931, No.154)Section 2199.8. Use of Hospital.--Every hospital owned by or leased to the county shall be used for the benefit of all inhabitants resident within the county in which the hospital is located, and all such persons shall be entitled to occupance, nursing, care, treatment and maintenance according to the rules and regulations prescribed by the county commissioners. The county commissioners may exclude from the use of the hospital any person who willfully violates any rule or regulation adopted for the hospital by said county commissioners. The county commissioners may charge and collect from persons admitted to the hospital or persons legally responsible for their maintenance, reasonable compensation for the care, treatment and maintenance of such persons.(2199.8 amended Oct. 24, 2018, P.L.931, No.154) ARTICLE XXIIAERONAUTICS AND TRANSPORTATION(Hdg. amended Oct. 24, 2018, P.L.931, No.154) (a) Aeronautics(Hdg. added Oct. 24, 2018, P.L.931, No.154) Section 2201. Authority to Establish Airports.--Subject to the provisions of 74 Pa.C.S. (relating to transportation), a county may establish, construct and provide for airports in accordance with the provisions of this article. For purposes of this article, the term "airports" shall be defined as provided in 74 Pa.C.S. § 5102 (relating to definitions).(2201 amended Oct. 24, 2018, P.L.931, No.154)Section 2202. Counties May Hold or Acquire Lands for Aeronautical Purposes.--(a) Any county may use for the purpose of any airport any land within the county and owned by the county when the county commissioners determine such land necessary for such purposes.(b) Any county may appropriate for the purposes of any airport, any lands purchased by it at any tax sale and not redeemed within the period of redemption, if any, provided by law.(c) Any county may acquire by gift, lease, purchase or condemnation proceedings, any land lying within its territorial limits or the territorial limits of any adjoining county which, in the judgment of the county commissioners, may be necessary and desirable for the purpose of establishing and maintaining airports or of enlarging them, but no such land shall be so acquired in any adjoining county without the assent of the county commissioners thereof.(2202 amended Oct. 24, 2018, P.L.931, No.154)Section 2203. Condemnation Proceedings; Title.--(a) The proceedings for the condemnation of lands under the provisions of this article and for the assessment of damages for property taken, injured or destroyed shall be conducted in the same manner as now provided by law for the condemnation of land or buildings for county purposes in the county in which the land is situated.(b) The title acquired by virtue or any such condemnation may be a title in fee simple or any lesser estate, including an easement for aviation or any other purpose.(2203 amended Oct. 24, 2018, P.L.931, No.154)Section 2204. Agreements for Airport Facilities.--Any county acquiring land for any airport purposes may enter into agreements in the form of a lease, permit, license, concession or otherwise, for the use of all or a part of the land, for adequate consideration, after due public notice to any person desiring to use the same for the purposes of taking off or landing an airplane, or for other aviation purposes, or for any nonaviation purpose, on such terms and subject to such conditions and regulations as may be provided. In counties of the second class A, agreements for nonaviation purposes shall be for terms of less than fifty years and shall only involve land designated in the county's airport master plan as not needed for airport purposes within the term of the lease. Any county may enter into a contract in the form of a lease providing for the use of airport land or any part thereof by the Government of the United States for air mail delivery or other aviation purposes upon nominal rental or without consideration.(2204 amended Oct. 24, 2018, P.L.931, No.154)Section 2205. Joint Operation; Leasing.--Any county acquiring land for any airport purpose may operate and maintain such facilities jointly with any municipal corporation or other political subdivision, upon such terms and conditions as may be agreed upon between the authorities thereof and the county commissioners, and such joint facilities may be operated and leased, as hereinbefore provided, upon the joint action of the authorities involved and the county commissioners.(2205 amended Oct. 24, 2018, P.L.931, No.154)Section 2206. Engineering and Construction; Appropriations.--Any county acquiring any land for any airport purposes may, by resolution of the board of commissioners, appropriate such funds as are necessary for the engineering design, surveys and construction of such facilities, either wholly by themselves or in cooperation with State, Federal or other public agencies supplying a portion of the necessary funds for said work.(2206 amended Oct. 24, 2018, P.L.931, No.154)Section 2207. Contracts for Construction and Repairs.--In establishing, maintaining and operating airport facilities where construction and repair of roadways, runways, buildings and facilities, or the purchase thereof, are deemed necessary within or for use within the limits of land acquired for such purpose, there shall be no necessity for submission thereof to any court or grand jury of any county, but contracts therefor shall be entered into as provided for in Article XVIII, and in the case of joint establishment, operation and maintenance with any other political subdivision, contracts relating thereto shall be entered into as provided for the general business of any of such participating political subdivisions.(2207 amended Oct. 24, 2018, P.L.931, No.154)Section 2208. Validation of Contracts.--Any contracts executed prior to July 28, 1953, in the case of counties of the second class A, and August 9, 1955, for counties of the third through eighth class, for construction and repair of roadways, runways, buildings and facilities or the purchase thereof within or for use within the limits of land acquired for the establishment and operation of airdromes or landing fields, without first having obtained the approval of the court of quarter sessions or grand jury of any county and entered into as provided for the general business of the county or other political subdivisions jointly interested, are hereby ratified, confirmed, approved and declared lawful contracts.(2208 amended Oct. 24, 2018, P.L.931, No.154)Section 2209. Appropriating Money to Assist Political Subdivisions and Municipality Authorities for Airports in Certain Counties.--The county commissioners of any county may appropriate moneys to assist any municipal corporation or other political subdivision, or municipality airport authority, within such county or within any adjacent county to acquire, establish, operate and maintain any and all airport facilities.(2209 amended Oct. 24, 2018, P.L.931, No.154)Section 2209.1. Issuance of Revenue Bonds for Airport Facilities in Certain Counties.--(a) In addition to present methods of financing the same, the county commissioners of counties of the second class A may issue revenue bonds, pursuant to provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), to provide sufficient money for and toward the acquisition, construction, reconstruction, extension or improvement of airport facilities, including, but not limited to, airports, terminals, hangars, parking areas and all other facilities either necessary thereto or appropriate therefor, with said bonds to be secured solely by the pledge of the whole or part of the fees, rents, tolls or charges derived from the ownership or operation of the facilities or for the use or service of the same.(b) Airport facilities financed by the issuance of revenue bonds as provided under this section may be leased by the county, in whole or in part, to a lessee or lessees for a period of years equal in time to the period of maturity of the bonds so issued.(c) Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.(d) Nothing in this section shall be construed as modifying or restricting the power of any county of the third through eighth class to incur debt for the acquisition, construction, reconstruction, extension or improvement of airport facilities, including, but not limited to, airports, terminals, hangars, parking areas and all other facilities either necessary thereto or appropriate therefor, to the extent such power exists on the effective date of this subsection.(2209.1 added Oct. 24, 2018, P.L.931, No.154)Section 2210. Municipal Approval Required.--No Federal or State money from the Aviation Restricted Revenue Account in the Motor License Fund or any other State money may be expended for airport operations or airport development in any county of the second class A having a population in excess of 675,000 persons without the approval of the municipality or municipalities wherein such airport is situated.(2210 added June 18, 1998 P.L.619, No.79) (b) Second Class A County Transitand Traffic Commission((b) added Oct. 24, 2018, P.L.931, No.154) Section 2250. Creation of county transit and traffic commission.(a) Establishment.--The commissioners of a county of the second class A may establish a county transit and traffic commission under this subdivision.(b) Existing commission.--A county transit and traffic commission existing on the effective date of this section may continue to exist under this subdivision.(c) Composition.--The county transit and traffic commission shall be composed of nine members in accordance with the following:(1) Each of the nine members shall be residents of the county in accordance with the following:(i) Not more than four of the members shall be residents of cities in the county.(ii) Not more than two of the members shall be regular employees of a publicly financed body.(2) Members shall be individuals experienced in at least one of the following:(i) Engineering.(ii) Commerce.(iii) Finance.(iv) Law.(v) Transportation.(vi) Traffic matters.(3) Each member shall be appointed by the county commissioners.(4) If there is an existing board on the effective date of this section which has duties substantially similar to those of the commission established under this section, new members shall be appointed upon the expiration of the terms of the existing members.(d) Terms, quorums and vacancies.--(1) Each member shall serve for a term of six years.(2) Five members shall constitute a quorum.(3) An appointment to fill a vacancy shall be only for the unexpired term of the vacancy.(e) Organization.--The commission members may make rules and regulations for the commission's organization and procedure consistent with the resolutions of the county commissioners and the laws of this Commonwealth.(f) Compensation and expenses.--(1) Members shall serve without compensation.(2) The county commissioners may provide for the following expenses, at the county commissioners' discretion, by resolution and appropriation:(i) Employment of a technical staff or other individuals as necessary.(ii) Necessary expenses of the commission.(2250 added Oct. 24, 2018, P.L.931, No.154)Section 2251. Duties of county transit and traffic commission.(a) Duties.--The duties of the county transit and traffic commission shall be:(1) To investigate transit, traffic and parking conditions in the county, including the volume and characteristics of the movement of public carriers, such as street railways, trains, buses and other motor vehicles, throughout the county, with a view of determining advisable means for obtaining adequate, rapid and safe transportation.(2) To consider fully the coordination of existing transportation services.(3) To investigate and study safety measures for persons and vehicles on highways, streets and thoroughfares in the county.(4) To advise with officials of political subdivisions in the county about the transit, traffic and parking problems.(b) Report.--All minutes, reports and recommendations made by the commission shall be a matter of public record. Periodically, but not less than once a year, the commission shall file with the county commissioners a report, which shall include the results of investigations made by the commission and any recommendations the commission may have to offer.(c) Referral to commission.--The county commissioners shall refer any plan, proposal or resolution affecting public transportation and the safety of the public on public transportation facilities and on highways, bridges and tunnels in the county to the county transit and traffic commission for consideration and recommendation. The county transit and traffic commission shall report to the county commissioners on the plan, proposal or resolution within a reasonable period of time.(d) County planning commission.--(1) In lieu of the creation of a county transit and traffic commission in the county where a county planning commission has been established, the county commissioners may, by resolution, confer and impose on the county planning commission the additional powers and duties of serving as the county transit and traffic commission, with all the powers and duties conferred by this subdivision upon the county transit and traffic commission. Upon the passage of such resolution by the county commissioners, the terms of office of the existing county transit and traffic commissioners shall terminate, and they shall deliver all books, papers, records, furnishings and supplies pertaining to their office to the county planning commission.(2) The passage of the resolution by the county commissioners under paragraph (1) shall not impair nor affect any act done, or right accruing, accrued or acquired, or liability, duty or obligation incurred, prior to the time the resolution takes effect.(2251 added Oct. 24, 2018, P.L.931, No.154) ARTICLE XXIIIGROUNDS AND BUILDINGS (a) General Provisions Section 2301. Title to Real Estate Vested in County.--The title to all real property acquired by or for the use of the county, shall be vested in the county for the use of the people thereof and for no other use, except as hereinafter provided.(2301 amended Oct. 24, 2018, P.L.931, No.154)Section 2301.1. Days and Hours of Courthouse and Offices.--The commissioners shall determine when the county courthouse and all county offices located elsewhere shall be open.(2301.1 amended Oct. 24, 2018, P.L.931, No.154)Section 2302. Exemption from Taxation and Attachment.-- Except as provided under section 2306(a.1) or other law, all property of the county, real or personal, shall be exempt from taxation and from levy and sale by virtue of execution or of any other process.(2302 amended Oct. 24, 2018, P.L.931, No.154)Section 2302.1. Payments in Lieu of Taxes.--Where real property of the county is not presently being used for the purposes for which it was acquired, the county may make payments in lieu of taxes for such property to political subdivisions in which the property is located.(2302.1 amended Oct. 24, 2018, P.L.931, No.154)Section 2303. Insuring Buildings and Contents.--(2303 repealed Oct. 24, 2018, P.L.931, No.154)Section 2304. Credit of County Available for Grounds and Buildings.--In the acquisition, construction or alteration of land and buildings for county purposes, the commissioners may issue bonds as provided by law.(2304 amended Oct. 24, 2018, P.L.931, No.154) (b) Acquisition, Use, Leasing and Disposingof Real Property for County Section 2305. Acquiring and Using Real Property; Exceptions.--(a) The commissioners may acquire real property by purchase for not more than the fair market value, gift, devise or eminent domain. The commissioners may acquire, improve and maintain such real property at the county seat or in such other places as they deem necessary for the purposes of a county courthouse, prison and such other facilities necessary for county purposes. The fair market value of real property in the case of a purchase valued in excess of ten thousand dollars ($10,000) shall be determined by the commissioners in consultation with two of the following: the county assessor, licensed real estate brokers, or licensed real estate appraisers doing business within the county.(b) The commissioners may also use any real property at the county seat or elsewhere, as authorized by law, owned by the county, and deemed suitable by them for the purposes aforesaid, except such property as is bound by contract to another public use.(c) The commissioners may provide for the grading, filling, draining, gardening and otherwise improving and maintaining of all lands for county buildings, either by contract or by county employes, as they deem proper.(d) To the extent that any of the matters provided for herein are otherwise specifically provided for by law, with regard to any particular acquisitions of real property by counties, either by tax sales or by other purchases, this section shall not apply to such matters.(2305 amended Oct. 24, 2018, P.L.931, No.154)Section 2305.1. Acquiring and Developing Industrial Areas.--(a) The commissioners may purchase, take by gift or devise real property within the county including Federal surplus real property, for the purpose of developing the same for industrial use under a local, regional or county plan and to expend funds to bring utilities within such county industrial area and to develop such area for industrial sites.(b) A county may sell, or lease for a term not to exceed ninety-nine years, to any industrial development organization, with or without consideration, any lands, easements or rights in land, together with any improvements, buildings or structures therein or thereon now owned by the county or hereafter acquired by it for the purpose of establishing or enlarging any commercial, industrial or manufacturing enterprise or research and development center within the county. In addition, the following shall apply:(1) The industrial development organization shall be designated in the manner provided by Chapter 23 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act."(2) The county may make with such industrial development organization any and all agreements for the industrial development of such lands, easements or rights in lands.(3) Any instrument of sale, lease or other agreement made pursuant to this subsection may contain provisions regulating the uses of lands, buildings and structures for trade, industry, manufacture, research, residence, recreation, water supply, public activities or other purposes.(2305.1 amended Oct. 24, 2018, P.L.931, No.154)Section 2306. Authority to Sell or Lease Real Property.--(a) The commissioners may sell any estate in real property for not less than the fair market value. If the commissioners know or have reason to believe that the property to be sold contains oil, gas, coal, stone, timber or other mineral or forest products of commercial value, such knowledge or belief shall be advertised together with the description of the land in at least one newspaper of general circulation in the county. In the case that the fair market value of the real property is estimated to be in excess of ten thousand dollars ($10,000), the fair market value shall be determined by the commissioners in consultation with two of the following: the county assessor, certified broker-appraisers or certified real estate appraisers doing business within the county.(a.1) The commissioners may lease any estate in real property owned by the county or such real property for which the county is the lessee. In the case of any lease of county property hereunder, such property, with any and all improvements or additions thereon or thereto, shall, in the hands of the lessee, be subject to taxation by such county and any other political subdivision therein, in the same manner as other real estate located in the county. Such taxes shall be levied and assessed against and paid by the lessee.(b) The provisions of subsection (a) shall not be mandatory where county real property is to be sold to any of the following:(1) A political subdivision, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the county.(2) A municipal authority pursuant to 53 Pa.C.S. Ch. 56 (relating to municipal authorities).(3) A nonprofit corporation or limited partnership in which a nonprofit corporation is a general partner and managing agent engaged in community industrial, commercial or affordable housing development or reuse for its exclusive use for industrial, commercial or affordable housing development. This exemption shall not apply to property owned and operated by a county or subcontracted or operated on the behalf of a county in order to conduct existing government functions.(4) A person for the exclusive use of the property in an industrial development program.(5) A nonprofit corporation organized as a public library for its exclusive use as a library.(6) A nonprofit medical service corporation for its exclusive use as a site for a medical service facility.(7) A nonprofit housing corporation.(8) The Federal Government.(9) The Commonwealth.(10) An authority pursuant to the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law."(11) A redevelopment authority pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law."(12) A public utility.(13) A nonprofit organization providing community service or development activities.(14) A nonprofit corporation established for the preservation of historical, architectural or aesthetic sites or artifacts.(15) A nonprofit association or nonprofit corporation organized to acquire and maintain real property for the preservation, conservation and stewardship of open space.(16) A council of government, consortium, cooperative or other similar entity created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).When the real property is to be sold or leased to a qualified entity under this subsection, the commissioners may elect to accept such nominal consideration for such sale as the commissioners deem appropriate. Real property sold pursuant to this subsection to any entity under this subsection, other than a city, borough, town, township, institution district, school district, municipal authority pursuant to 53 Pa.C.S. Ch. 56 located within the county, the Federal Government or the Commonwealth shall be subject to the condition that when the property is not used for the purposes of the entity the property shall revert to the county.(c) This section shall not apply to leases or sales of county property or other property which are otherwise specifically provided for by law.(d) The commissioners shall provide for the transfer of any interest in real property under this section by deed, or by written lease, under the seal of the county, as applicable.(2306 amended Oct. 24, 2018, P.L.931, No.154)Section 2306.1. Authority to Sell Certain Real Property and Personal Property as a Single Unit.--Notwithstanding any other provisions of law, whenever the commissioners determine that the continued ownership and operation of an institution for the care of dependents is economically unfeasible, the commissioners may sell the real property belonging to the county and being used for such purposes, together with all of the contents of personal property used in connection with and incidental to the operation of the institution, as a single unit. Any such sale of real property and personal property as a single unit shall be deemed a sale of real property only and need only comply with the provisions of this act relating to the sale of real property.(2306.1 amended Oct. 24, 2018, P.L.931, No.154)Section 2307. Conveyance and Lease of Real Estate.--(2307 repealed Oct. 24, 2018, P.L.931, No.154)Section 2308. Conveyances to General State Authority.--(2308 repealed Oct. 24, 2018, P.L.931, No.154)Section 2309. Leasing from General State Authority.--(2309 repealed Oct. 24, 2018, P.L.931, No.154)Section 2310. Acquisition of Lands for Conveyance to General State Authority.--(2310 repealed Oct. 24, 2018, P.L.931, No.154)Section 2311. Disposing of County Property for Other Uses; Demolition.--(a) Whenever the commissioners find that an existing county building is no longer suitable for its original purpose, or where the county has acquired or received an interest in real property which the commissioners find is not suitable for the use of the county, the commissioners may do any of the following:(1) Devote the real property to another public purpose.(2) Convey by sale or gift the real property to a public or charitable institution.(3) Convey by sale or gift the real property to a political subdivision within the county.(4) Demolish or relocate the building.(b) For the purposes of this section, the commissioners may convey, on behalf of the county, any interest in real property to one or more parties authorized by this section in single or concurrent ownership.(c) Notwithstanding the provisions of Article XVIII, the county may convey personal property together with an interest in real property for the purposes of this section.(d) Nothing in this section shall supersede the procedures or limitations on the disposition of county property imposed by law.(2311 amended Oct. 24, 2018, P.L.931, No.154) (c) Acquisition, Construction or Alterationof County Buildings Section 2315. Authority and Procedure for Acquiring, Constructing or Altering County Buildings.--(a) The commissioners may purchase or take by gift any building at the county seat or elsewhere as authorized by law deemed suitable and proper by them for use as a county building.(b) The commissioners may provide for the construction or alteration, including enlargement of any county building. Whenever the commissioners undertake any such construction or alteration, they shall cause to be prepared plans and specifications therefor. The commissioners shall secure bids and provide for the formation of contracts necessary for the construction or alteration according to the provisions of this act.(c) ((c) deleted by amendment)(2315 amended Oct. 24, 2018, P.L.931, No.154)Section 2316. Right to Build on Public Squares.--Whenever the courthouse or other building of the county is located upon a public square or common in the city, borough or town then being the county seat, and a new building is authorized and required to be erected, in place of such courthouse or other building, the commissioners may erect such new building upon any other of the public squares or commons of said city, borough or town, or upon any part thereof.(2316 amended Oct. 24, 2018, P.L.931, No.154)Section 2317. Separate Bids for Plumbing, Heating, Ventilating, Air Conditioning, Electrical Work, Elevators and Escalators.--(a) In the preparation of specifications for the erection, construction and alteration of any public building, when the entire cost of such work shall exceed the base amount established under the provisions of section 1801, the architect, engineer or other person preparing such specifications shall prepare the following separate specifications: (1) plumbing, (2) heating, ventilating and air conditioning, (3) electrical work, (4) elevators and escalators, and (5) one complete set of specifications for all work not otherwise specified. The commissioners shall receive separate bids upon each of the said branches of work and award the contract for the same to the lowest responsible bidder for each of said branches, including the balance of the work not otherwise specified.(b) Notwithstanding the separate specification provisions of subsection (a), an authority organized under the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law," which is engaged to erect, construct or alter a public purpose facility for a county of the second class A may elect to use an alternative contracting procedure as follows:(1) The authority may, in its sole discretion, elect to use an alternative contracting procedure for a project involving selected public purpose facilities. If the authority elects to utilize an alternative contracting procedure, its board shall adopt a resolution that the use of an alternative contracting procedure is the most efficient, economical and timely method to proceed with a project. Upon adoption of a resolution, the authority shall request written proposals from proposers for a project involving selected public purpose facilities under an alternative contracting method. In its request for proposals, the authority shall include such terms, conditions and requirements which it deems necessary to protect the authority and the interests of the public.(2) In reviewing and evaluating the proposals for a project involving selected public purpose facilities, the authority shall, in addition to compliance with the terms, conditions and requirements set forth in the request for proposals, consider the following criteria:(i) The cost of the project.(ii) Experience of the proposer.(iii) Adherence to the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act."(iv) Adherence to prevailing wage laws and other work force standards.(v) Commitment to enter into voluntary contracts with disadvantaged business enterprises. After due consideration of proposals under the criteria described in this paragraph, the authority may, in its discretion, upon recommendation of its designee or project end user, select a proposal and award a contract to a responsible proposer under an alternative contracting procedure. The award of a contract for the project need not be awarded to the lowest priced proposer.(3) Any contract awarded under this subsection shall be exempt from the act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act, or from any subsequent enactment or reenactment of substantially similar separate bid specification requirements.(4) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Alternative contracting procedure" shall mean a procedure under which a proposer would be responsible for all aspects or phases necessary to achieve the development of a parcel of property. Such aspects or phases of development may include, but not necessarily be limited to, the planning, design, finance, construction and management of property."Design/build contract" shall mean a construction contract in which the contractor is responsible for both the design and construction of any public structure, building or other public improvement of any kind to any public real property."Project" or "project involving a selected public purpose facility" shall mean the demolition, modification and construction of a building or group of buildings with related facilities formerly owned by a county and previously used as a jail or office facility."Project end user" shall mean the governmental body or entity that will use the selected public purpose facility under a contract or lease with the authority."Proposer" shall mean a firm, organization or company or a combination of firms, organizations or companies acting as a partnership, joint venture, consortium or similar joint relationship with sufficient knowledge, expertise and experience in design/build contracts.(2317 amended Oct. 24, 2018, P.L.931, No.154) Compiler's Note: Section 3 of Act 86 of 2011, which amended section 2317, 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.Section 2318. Contract Performance Security and Payment Bonds.--(a) Unless covered under the bonding requirements of the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," for construction contracts awarded for amounts between twenty-five thousand dollars ($25,000) and one hundred thousand dollars ($100,000), the successful bidder shall furnish a bond guaranteeing performance of the contract, in an amount as determined by the commissioners at the time of advertising for bids which shall be not less than ten per centum nor more than one hundred per centum of the amount of the contract, within thirty days after the contract is awarded. When a construction contract is awarded in excess of one hundred thousand dollars ($100,000), the following bonds shall be delivered to the county and shall be binding on the parties upon the execution of the contract:(1) A performance bond, executed by a surety company authorized to do business in this Commonwealth and made payable to the county, in an amount as determined by the commissioners at the time of advertising for bids which shall be not less than fifty per centum nor more than one hundred per centum of the price specified in the contract and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract.(2) A payment bond, executed by a surety company authorized to do business in this Commonwealth and made payable to the county, in an amount equal to one hundred per centum of the price specified in the contract and conditioned upon the prompt payment for all materials furnished or labor supplied or performed in the prosecution of the work. Labor or materials include public utility services and reasonable rentals of equipment for the periods when the equipment is actually used at the site.(b) A performance bond shall be solely for the protection of the county. A payment bond shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded or to any of its subcontractors in the prosecution of the work provided for in the contract, whether or not the labor or materials constitute a component part of the construction.(c) Nothing in this section shall be construed to limit the authority of the commissioners to require a performance bond, payment bond or other security in addition to those bonds or in circumstances other than specified in subsection (a).(d) Actions on payment bonds shall be pursuant to the following:(1) Subject to clause (2), any claimant who has performed labor or furnished material in the prosecution of the work provided for in any contract for which a payment bond has been given under subsection (a) and who has not been paid in full before the expiration of ninety days after the day on which the claimant performed the last of the labor or furnished the last of the materials for which it claims payments may bring an action on the payment bond in its own name, in assumpsit, to recover any amount due it for the labor or material and may prosecute the action to final judgment and have execution on the judgment.(2) Any claimant who has a direct contractual relationship with any subcontractor of the prime contractor who gave the payment bond but has no contractual relationship, express or implied, with the prime contractor may bring an action on the payment bond only if it has given written notice to the contractor within ninety days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which it claims payment, stating with substantial accuracy the amount and the name of the person for whom the work was performed or to whom the material was furnished.(3) Notice shall be served by registered mail in an envelope addressed to the contractor at any place where its office is regularly maintained for the transaction of business or served in any manner in which legal process may be served in the manner provided by law for the service of a summons except that the service need not be made by a public officer.(e) The dollar thresholds set forth in subsection (a) shall be adjusted annually to reflect the annual percentage change in the Composite Construction Cost Index of the United States Department of Commerce occurring in the one-year period ending on December 31 of each year.(Previous 2318 deleted by amendment and current 2318 added Dec. 22, 2000, P.L.1019, No.142) Compiler's Note: Section 10 of Act 385 of 1967 provided that Act 130 is repealed insofar as it is inconsistent with Act 385.Section 2319. Compliance with Workers' Compensation Law.--(a) All contracts executed by the commissioners, which involve the construction or doing of any work involving the employment of labor, shall contain a provision that the contractor shall accept, in so far as the work covered by any such contract is concerned, the provisions of the act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act," and that the contractor will insure his liability thereunder or file with the commissioners a certificate of exemption from insurance from the Department of Labor and Industry of the Commonwealth.(b) The commissioners, before signing on behalf of the county any contract requiring in its performance the employment of labor, shall require proof that the said contractor with whom the contract is made shall have accepted the Workers' Compensation Act and any reenactments, supplements or amendments thereto, and proof that the contractor has complied with the provisions of subsection (a).(c) Any contract executed in violation of the provisions of this section shall be null and void.(2319 amended Oct. 24, 2018, P.L.931, No.154)Section 2320. Restrictions on Letting Contracts to Architects and Engineers.--(2320 deleted by amendment Dec. 22, 2000, P.L.1019, No.142) (d) Policing, Administration and PublicOrder of Grounds and Buildings Section 2325. Buildings and Grounds to be Kept in Order and Repair.--Except as otherwise provided by law, the commissioners shall keep and maintain the public buildings of the county in suitable and convenient order and repair and shall keep the grounds about county buildings in proper condition and appearance.(2325 amended Oct. 24, 2018, P.L.931, No.154)Section 2326. Security and Grounds Employees.--(a) The commissioners may appoint one or more security officers to guard and protect the county buildings and to enforce the provisions of this act and other related laws. The officers shall have power to arrest on view any person violating the same.(b) The commissioners may employ such persons as may be necessary to provide for maintenance and repair of all county buildings and grounds.(2326 amended Oct. 24, 2018, P.L.931, No.154)Section 2327. Display of Municipal Flags on County Buildings Authorized.--It shall be lawful to display the flag of any county, city, borough or other municipality in the Commonwealth or the official POW/MIA flag on the public buildings or grounds of any county.(2327 amended July 10, 1990, P.L.379, No.89)Section 2328. Special Provisions Relating to County Jails, Prisons, Workhouses and Detention Houses.--(2328 deleted by amendment Dec. 22, 2000, P.L.1019, No.142) Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 2328 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(d) (relating to equality of rights based on sex)..Section 2329. Disorderly Conduct in and About Court Houses and Jails Prohibited.--(2329 repealed Oct. 24, 2018, P.L.931, No.154) (e) Special Provisions for Temporary CountyBuildings and for Rooms in County Buildings Section 2335. Temporary Court House.--(2335 repealed Apr. 28, 1978, P.L.202, No.53)Section 2336. Separate Rooms for Women Jurors.--(2336 repealed Apr. 28, 1978, P.L.202, No.53)Section 2337. Room or Building for Juvenile Offenders Waiting Trial.--The commissioners of each county of the third through eighth class shall provide, furnish and heat, within the county, a separate room or rooms, or a suitable building, to be used exclusively for the confinement of any and all alleged or adjudicated delinquent children or dependent children as defined in 42 Pa.C.S. § 6302 (relating to definitions) who may be in custody awaiting trial or hearing in the courts of the county, and provide for the maintenance and care of such children while in custody.(2337 amended Oct. 24, 2018, P.L.931, No.154)Section 2338. Rooms for Justices and Judges.--(2338 repealed Apr. 28, 1978, P.L.202, No.53)Section 2339. Furnishing Rooms for Meetings of Veterans and Other Organizations.--The commissioners may, in their discretion, upon application therefor, furnish meeting accommodations to any veterans, veterans auxiliary or other civic organization.(2339 amended Oct. 24, 2018, P.L.931, No.154) (e.1) Special Provisions for Temporary County Buildingsand for Rooms in County Buildings in Counties of theSecond Class A((e.1) added Oct. 24, 2018, P.L.931, No.154) Section 2339.1. Scope of subdivision.This subdivision shall apply to counties of the second class A.(2339.1 added Oct. 24, 2018, P.L.931, No.154)Section 2339.2. Room or building for juvenile offenders waiting trial.The commissioners shall provide, furnish and heat within the county a separate room or rooms or a suitable building to be used exclusively for the confinement of alleged or adjudicated delinquent children or dependent children as defined in 42 Pa.C.S. § 6302 (relating to definitions) who are in custody awaiting trial or hearing in the courts of the county and provide for the maintenance and care of the children while in custody.(2339.2 added Oct. 24, 2018, P.L.931, No.154)Section 2339.3. Management of houses for detention of juveniles and appointment of board and ex officio members.The management of houses for the detention and reception of juveniles awaiting trial, hearing or judicial investigation under the laws of this Commonwealth shall be in a board of managers consisting of three county commissioners, the county controller and six private citizens, three to be appointed by the president judge of the court of common pleas and three to be appointed by the chairperson of the board of county commissioners. The commissioners and the controller may appoint persons to act as their designees for the purpose of attending meetings of the board, and the designees shall have the right to vote at the meetings. The private citizen members of the board shall not be officers or employees of the county. The members of the board or boards of managers existing in the county shall remain as members of the board or boards of managers created in this subdivision until the expiration of the terms to which they were respectively appointed. Annually thereafter, the members or their successors shall be appointed for a term of three years. Vacancies occurring in the membership of the board shall be filled for the unexpired term by the chairperson of the board of county commissioners or the president judge of the court of common pleas, depending upon who originally appointed the board member. The members of the board shall serve without compensation.(2339.3 added Oct. 24, 2018, P.L.931, No.154)Section 2339.4. Appointment and compensation of employees.The board of managers may appoint a superintendent and additional staff members as may be necessary, whose salaries shall be paid by the county. The number and compensation of the employees shall be fixed by the salary board of the county.(2339.4 added Oct. 24, 2018, P.L.931, No.154)Section 2339.5. Annual report and expenses.The board of managers shall annually report to the county commissioners, on or before the first day of November, the amount of money required for the maintenance of the house or houses of detention. The county commissioners shall make an annual appropriation to the board of managers for the payment of the expenses of administering the house or houses of detention. Expenses incurred in the performance of duties by the board of managers shall be itemized and presented with vouchers to the county commissioners for payment, and a semiannual expense report shall be made to the county commissioners. All expenses in connection with the management and administration of the house of detention shall be paid by the county in the manner provided by law for the payment of county obligations.(2339.5 added Oct. 24, 2018, P.L.931, No.154)Section 2339.6. Appropriation and bond issues.The county commissioners shall have power and authority, for the purpose of housing juveniles, to appropriate money from the public funds or to issue bonds in the manner provided by law for the purchase of lands or erecting, constructing and equipping a building or buildings.(2339.6 added Oct. 24, 2018, P.L.931, No.154) (f) Improvement of Streets Along CountyBuildings; Street Lighting Section 2345. Joining with Municipalities in Improving Certain Streets and Highways.--(a) The commissioners may join with the governing body of a municipal corporation in the grading, regrading, paving, repaving and improvement of so much of the streets and highways as are in, upon or alongside of the grounds of a county building.(b) The commissioners may enter into contract with a municipality to pay a fair proportion of the expense of grading, regrading, paving, repaving and improvement of said streets and highways, and may appropriate from the county treasury sufficient funds for this purpose. They may act with any committee or committees appointed by municipalities to establish grades, determine the kind and quality of paving materials to be used, and ratify the contracts entered into by said municipalities in the course of said improvements.(c) The selection of grades, paving materials and proportion of expenses to be paid by the county shall be specified by any contract formulated under this section.(2345 amended Oct. 24, 2018, P.L.931, No.154)Section 2346. Ornamental Illumination.--(a) The commissioners may appropriate funds to support the installation, maintenance or repair of ornamental illumination of any section of a street that abuts the courthouse or other county building in the county seat.(b) The appropriation by the county commissioners of a county for such purpose shall not exceed the amount that shall be assessed for such ornamental illumination upon owners of an equivalent frontage of property abutting upon said street, measured by the foot front rule.(2346 amended Oct. 24, 2018, P.L.931, No.154) (g) Public Accommodations(Hdg. amended Oct. 24, 2018, P.L.931, No.154) Section 2350. Appropriations for Public Accommodations.--(a) The commissioners may appropriate money to assist any municipality to construct and maintain public restrooms and related facilities.(b) The commissioners may provide, or cooperate with a municipality or municipal authority, to equip and maintain in the courthouse rest or waiting rooms for the public.(c) Any part of any ground acquired by any county for the purposes of a courthouse or other county building or facility may be leased by such county to any municipality being the county seat of such county, for the purpose of the construction thereon of a public comfort station by such municipality.(2350 amended Oct. 24, 2018, P.L.931, No.154) (h) Monuments and Memorials Section 2355. Monuments, Memorials and Memorial Halls to War Veterans.--The commissioners may appropriate money for, and provide for, the erection of monuments, memorials or memorial halls, commemorating or honoring the services of any person who has served in the armed forces of the United States or in any auxiliary organization officially connected with a division of the armed forces of the United States.(2355 amended Oct. 24, 2018, P.L.931, No.154)Section 2356. Assistance to Private or Municipal Agencies.--The commissioners may appropriate money to assist any individual, private corporation or municipal corporation in the erection of any monument, memorial or memorial hall authorized under section 2355.(2356 amended Oct. 24, 2018, P.L.931, No.154)Section 2357. Erection or Completion of Monuments and Memorials on Petition to Court.--(2357 repealed Oct. 24, 2018, P.L.931, No.154)Section 2358. Election on Memorial Hall Purchase or Condemnation of Site.--(2358 repealed Oct. 24, 2018, P.L.931, No.154)Section 2359. Existing Building May Be Used.--The commissioners may acquire by any lawful means, any real property which can be altered and improved so as to be made suitable for a memorial hall.(2359 amended Oct. 24, 2018, P.L.931, No.154)Section 2360. Donations.--For the purpose of aiding in the acquisition of real property and erection and construction of a memorial hall, voluntary donations and contributions may be accepted by the commissioners from individuals, associations and organizations.(2360 amended Oct. 24, 2018, P.L.931, No.154)Section 2361. Maintenance of Hall.--Any county memorial hall shall be and remain the property of and shall be maintained at the expense of the county.(2361 amended Oct. 24, 2018, P.L.931, No.154)Section 2362. Plan of Hall; Special Rooms to be Provided.--(2361 repealed Oct. 24, 2018, P.L.931, No.154)Section 2363. Board of Control.--(a) In any county where the commissioners have established a memorial hall, the commissioners shall establish a board of control of the memorial hall and shall establish the powers and duties of that board to provide for the operation and maintenance of the memorial hall. The commissioners shall provide for the members of the board of control to be selected by the veterans organizations which operate in, and have been recognized by, the county.(b) Any board of control established prior to the effective date of this section shall persist according to the provisions of law that applied at the time that the board was established until such time as the commissioners take an action under subsection (a).(2363 amended Oct. 24, 2018, P.L.931, No.154)Section 2364. Flagstaff to be Erected; Display of Flag.--A flagstaff shall be erected upon any county memorial hall, from which the flag of the United States shall be displayed from sunrise to sunset on each and every day of the year.(2364 amended Oct. 24, 2018, P.L.931, No.154)Section 2365. Acquisition of Additional Land; Equipment, Furnishings, Etc.--In any county in which there is a memorial hall in honor of the soldiers, sailors or marines from such county, the commissioners may acquire additional land adjoining the memorial hall to enhance and preserve the beauty and character of the memorial hall or equip, furnish, decorate and make additions to the memorial hall, or both.(2365 amended Oct. 24, 2018, P.L.931, No.154)Section 2366. Tax Levy; Increase or Indebtedness.--The commissioners may provide the funds with which to pay for the ground purchased or condemned, and the erection thereon of a memorial hall, or the acquiring of additional land, or for the enlarging, equipping, furnishing and decorating of said memorial hall, by the levying and collecting of a tax upon the taxable persons and property within said county, and by increasing the indebtedness of said county according to the provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).(2366 amended Oct. 24, 2018, P.L.931, No.154)Section 2367. Preservation, Maintenance, Repair and Completion of Public Monuments.--The commissioners may preserve, maintain and repair any public monument or memorial hall in the county, other than in cemeteries, including the enclosed public ground surrounding the monument, and appropriate moneys for such purposes. In any case where any public monument referred to in this section has been partially completed, either in construction or payment, the commissioners may appropriate money for the purpose of such completion.(2367 amended Oct. 24, 2018, P.L.931, No.154) (i) Public Auditoriums, Public Libraries,Public Memorial Buildings and Monuments Section 2368. Acquiring of Property.--Counties shall have power to acquire property according to the provisions of this article for the purpose of erecting public auditoriums, public libraries, public memorial buildings and monuments.(a) ((a) deleted by amendment)(b) ((b) deleted by amendment)(2368 amended Oct. 24, 2018, P.L.931, No.154)Section 2369. Rental of Auditoriums.--Any revenue derived from rental of a public auditorium shall first be devoted to the maintenance of the auditorium, and any remaining annual balance accruing therefrom shall be deposited in the general fund of the county.(2369 amended Oct. 24, 2018, P.L.931, No.154)Section 2370. Consent of City or Borough.--(2370 deleted by amendment Dec. 22, 2000, P.L.1019, No.142) (j) Homes and Hospitals Section 2374. Donations to Orphans' or Childrens' Homes.--The commissioners may receive real or personal property, that may be given or granted to the county by any lawful means for the use and purpose of providing a home within the county for the keeping and care of indigent orphans and children dependent upon the public of such county for support.(2374 amended Oct. 24, 2018, P.L.931, No.154)Section 2375. Management and Control of Orphans' Home.--Any such orphans' home shall be under the management and control of the board of commissioners of the county, and they are hereby authorized to appoint a superintendent, and such assistants as may be necessary, to properly conduct the affairs of such home.Section 2376. Admission to Home.--Indigent orphans and children shall be admitted to any such home on order of the board of commissioners.Section 2377. Maintenance of Childrens' Homes.--When any property has been given or granted to any such county for a childrens' home and a home is duly established, the county may thereafter appropriate from the county funds moneys for the support and maintenance of such orphans and children, and for the payment of the salary of the superintendent and his assistants.Section 2378. Contagious Disease Hospitals or Units.--(2378 repealed Oct. 24, 2018, P.L.931, No.154)Section 2379. Plans and Specifications; Approval; Construction.--(2379 repealed Oct. 24, 2018, P.L.931, No.154)Section 2380. County Agreements for Joint Contagious Disease Hospitals, Buildings, Wings and Units.--(2380 repealed Oct. 24, 2018, P.L.931, No.154)Section 2381. County Hospital for Tuberculosis.--(2381 repealed Oct. 24, 2018, P.L.931, No.154)Section 2382. Power to Acquire Site.--(2382 repealed Oct. 24, 2018, P.L.931, No.154)Section 2383. Site and Plans Approval.--(2383 repealed Oct. 24, 2018, P.L.931, No.154)Section 2384. Construction and Equipment.--(2384 repealed Oct. 24, 2018, P.L.931, No.154)Section 2385. Increase of Indebtedness.--(2385 repealed Oct. 24, 2018, P.L.931, No.154) (k) Morgues Section 2390. Authority to Provide; Approval.--The county commissioners of each county may buy or lease land and construct and maintain thereon, at the expense of the county, a morgue for the reception of all deceased persons under the care and custody of the coroner.(2390 amended Oct. 24, 2018, P.L.931, No.154)Section 2391. Rules and Regulations; Employes.--(2391 repealed Oct. 24, 2018, P.L.931, No.154)Section 2392. Ambulance.--(2392 repealed Oct. 24, 2018, P.L.931, No.154)Section 2393. Private Morgues.--(2393 repealed Oct. 24, 2018, P.L.931, No.154) (l) Garbage and Refuse DisposalPlants and Incinerators Section 2396. Land and Buildings for Garbage and Refuse Disposal.--(2396 repealed Oct. 24, 2018, P.L.931, No.154)(m) Tax for Capital Costs Retirement((m) added June 25, 1999, P.L.182, No.25) Section 2398. Authorization of Vehicle Rental Tax by Counties of the First Class.--(a) Notwithstanding any provision of this act or any law to the contrary, each county of the first class is hereby authorized to impose an excise tax on the rental of a rental vehicle in that county. If the county is coterminous with a city of the first class, imposition of the tax in that county, if any, shall be by that city. The tax may be imposed on any person renting a rental vehicle at a rate of up to two per centum of the purchase price of the rental. For purposes of this section, the situs of the rental of the vehicle is the place where the renter takes possession of the rental vehicle.(b) All of the proceeds of the vehicle rental tax shall be dedicated solely to the payment of the costs of capital projects, which costs may include, without limitation, lease payments or service agreements with authorities for capital projects and debt service on bonds issued for capital projects. The Commonwealth does hereby pledge to and agree with any person, firm or corporation subscribing to or acquiring bonds issued by the county, city or an authority to finance a capital project for which the tax was dedicated that the Commonwealth itself will not repeal this authorization or reduce the rate of tax authorized under this section until all such bonds, together with the interest thereon, have been paid or provision for such payment shall have been made, nor shall a county or city of the first class imposing such tax and dedicating such tax as provided in this section be permitted to repeal such tax or to reduce the rate of such tax or to revoke such dedication until all of such bonds, together with interest thereon, shall have been paid or provision for such payment shall have been made. Payments by a county or a city of the first class under any lease or service agreement as hereinabove described shall not constitute debt of the Commonwealth or of a county or city of the first class.(c) The vehicle rental tax shall be collected by each vehicle rental company in the county or city imposing the tax. The tax shall be collected at the time the rental vehicle is rented by that vehicle rental company and shall be remitted by the vehicle rental company to the county or city that imposed the tax in accordance with rules and regulations established by the county or city or the tax collection agencies of that county or city for collection and remittance of the tax. Any person required to collect or pay over any tax authorized by this section and who fails to collect or pay over any such tax shall be liable for the full amount of such tax, including any interest or penalties which may be imposed by a county or city of the first class.(d) The county or city and its tax collection agencies are authorized to promulgate and enforce rules and regulations not inconsistent with the provisions of this section relating to any matter or thing pertaining to the collection, administration and enforcement of the provisions of this section.(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Rental vehicle" shall mean a private passenger motor vehicle designed to transport fifteen or fewer passengers or a truck, trailer or semitrailer used in the transportation of property other than commercial freight, that is rented without a driver, is part of a fleet of five or more rental vehicles that are used for that purpose and owned or leased by the same person or entity and is rented for a period of twenty-nine or fewer consecutive days."Vehicle rental company" shall mean any business entity engaged in the business of renting motor vehicles in this Commonwealth.(2398 added June 25, 1999, P.L.182, No.25) (n) Third Class County Convention Center Authorities((n) added Nov. 3, 1999, P.L.461, No.42) Compiler's Note: Section 5 of Act 42 of 1999, which added Subdivision (n), provided that the General Assembly declares that intention of the addition of Article XXIII, Subdivision (n) of Act 130 is to consolidate and clarify existing law. The addition of the subdivision shall not be construed to change existing law. Section 2399.1. Short Title.--This subdivision shall be known and may be cited as the "Third Class County Convention Center Authority Act."(2399.1 added Nov. 3, 1999, P.L.461, No.42)Section 2399.2. Findings, Declaration of Policy and Scope.--(a) It is hereby determined and declared as a matter of legislative finding:(1) That the health, safety and general welfare of the people of this Commonwealth are directly dependent upon the continual encouragement, development, growth and expansion of business, industry, commerce and tourism within this Commonwealth.(2) That unemployment, the spread of indigency and the heavy burden of public assistance and unemployment compensation can be avoided by the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in this Commonwealth.(3) That development of convention centers is appropriate within the redevelopment assistance eligible area of a third class county and that the attraction of business to this Commonwealth as a result of such development is an important factor in the continual encouragement, promotion, attraction, stimulation, development, growth and expansion of business, industry, commerce and tourism within the county seat, the surrounding counties and this Commonwealth as a whole.(4) That the purpose of a convention center should be the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in the county seat, the surrounding counties and this Commonwealth as a whole.(5) That the development of a convention center will provide benefits to the hotel industry throughout the entire area of the county where the center is developed.(6) That the development of a convention center will also provide benefits to the restaurant and entertainment industries throughout the entire county where the center is located, to all other businesses and individuals benefited by the attraction of major conventions and tourists, to other individual businesses whose livelihood is dependent on major conventions and tourists and to the general public.(7) That the need for and promotion of the type of facility which will provide significant benefits to the general public will require the expenditure of public money and that it is therefore appropriate to authorize a county to impose and collect a tax applicable within the entire territorial limits of the county to facilitate the development of a convention facility and the promotion of tourism within the county.(8) That, to promote the development of convention centers within this Commonwealth, it is necessary to provide additional and flexible means of developing, constructing, designing, managing, financing and operating convention centers.(9) That an important aspect of the development of convention centers should be the removal and redevelopment of blighted areas.(b) It is hereby declared to be the policy of the Commonwealth to promote the health, safety, employment, business opportunities and general welfare of the people of this Commonwealth by providing for the creation of third class county convention center authorities which shall exist and operate as public instrumentalities of the Commonwealth for the public purpose of promoting, attracting, stimulating, developing and expanding business, industry, commerce and tourism in this Commonwealth. This purpose is hereby declared to be a public purpose supporting the enactment of all provisions of this subdivision for which public money may be spent and taxes may be imposed.(c) (1) This subdivision shall not apply to a county which has an existing convention center owned by, leased by or operated by an existing authority or the Commonwealth which covers an area of more than forty thousand square feet.(2) This subdivision shall not apply to a county which is served, together with one or more other counties, by a joint planning commission.(3) No provision of this subdivision other than section 2399.23 shall apply to an existing authority.(2399.2 added Nov. 3, 1999, P.L.461, No.42)Section 2399.3. Definitions.--The following words and phrases when used in this subdivision shall have the meanings given to them in this section unless the context clearly indicates otherwise or unless there is a specific definition in another section:"Authority" or "Third Class County Convention Center Authority" shall mean an agency and public instrumentality of the Commonwealth and a body politic and corporate created pursuant to this subdivision."Board" shall mean the governing body of an authority."Bonds" shall mean notes, bonds, refunding notes and bonds, interim certificates, debentures and other evidence of indebtedness or obligations which an authority is authorized to issue pursuant to this subdivision."Construct," "to construct" or "construction" shall mean the acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center, or part thereof, and activities substantially related to the acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center, or part thereof."Convention center" shall mean any land, improvement, structure, building, or part thereof, or property interest therein, whether owned by or leased by or to or otherwise acquired by an authority, appropriate for any of the following: large public assemblies, the holding of conventions, conferences, trade exhibitions and other business, social, cultural, scientific and public interest events, and all facilities, furniture, fixtures and equipment necessary or incident thereto, including meeting rooms, dining rooms, kitchens, ballrooms, reception areas, registration and prefunction areas, truck loading areas, including access thereto, accessways, common areas, lobbies, offices and areas appurtenant to any of the preceding, together referred to as the main convention area, and also including other buildings, structures or facilities for use in conjunction with the foregoing, including, but not limited to, provision for off-street parking, retail areas and other improvements related to the center owned by or leased by or to an authority for the purpose of producing revenues to assist in defraying the costs or expenses of the convention center."Cost of a project" shall mean all or any part of the cost of construction, acquisition, alteration, enlargement, furnishing, fixturing and equipping, reconstruction and rehabilitation of a convention center project, including, without limitation, the cost of all lands, structures, real or personal property, rights, rights-of-way, roads, franchises, easements and interests acquired or used for or in connection with a project, the cost of demolishing or removing buildings or structures on land so acquired, including the cost of acquiring lands to which the buildings or structures may be moved or located, the cost of all utility lines, structures or equipment, the charges, interest prior to, during and for a period of six months after completion of construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other capital cost or expense as may be necessary or incident to the construction, development and acquisition of the project, the financing of construction, development and acquisition and the placing of the project in operation, including, without limitation, a proper allowance for contingencies and the provision of reasonable initial working capital for operating the project."County" shall mean a county of the third class or a county which was a county of the third class at the time the county took action to create an authority under this subdivision. (Def. amended Oct. 24, 2018, P.L.931, No.154)"Existing authority" shall mean an authority incorporated by a county of the third class prior to November 1, 1994, pursuant to the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," for the principal purpose of owning or operating a convention center."Federal agency" or "Federal Government" shall mean the United States, the President of the United States and any department or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States."Obligee of the authority" or "obligee" shall mean a bondholder or a trustee for a bondholder when a party to a contract with an authority."Project" shall mean a site, building, structure, equipment, furnishing and other facilities or undertaking in respect of a convention center which an authority is authorized to acquire, construct, improve, install, maintain or operate under the provisions of this subdivision."Redevelopment assistance eligible area" shall mean an area determined by the Department of Community and Economic Development to be eligible as a site for a facility receiving a grant under the Redevelopment Assistance Capital Program of the Commonwealth."State public body" shall mean the Commonwealth and its executive, administrative and independent agencies, departments, officers, boards, authorities, commissions and instrumentalities."Substantial completion" shall mean construction that 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 the main convention area can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least ninety per centum of the work on the main convention area is completed.(2399.3 added Nov. 3, 1999, P.L. 461, No.42)Section 2399.4. Authority Creation.--The governing bodies of a third class county and the political subdivision constituting the county seat or the county acting alone may create a body corporate and politic to be named the ......... County Convention Center Authority to be created as a public authority and government instrumentality to have continuing succession until its existence shall be terminated by law. If the convention center to be constructed by an authority created under this subdivision shall be located within the jurisdictional limits of the county seat of the county, the authority shall be a joint authority of the county and the county seat. If the convention center shall be located outside the jurisdictional limits of the county seat of the county, the authority may be created solely by the county. The exercise by the authority of the powers conferred by this subdivision is hereby declared to be and shall for all purposes be deemed and held to be the performance of an essential public function.(2399.4 added Nov. 3, 1999, P.L.461, No.42)Section 2399.5. Purposes and Powers; General.--(a) An authority created under this subdivision shall be a public body, corporate and politic, exercising public powers of the Commonwealth as an agency and instrumentality and shall be for the purpose, without limitation, by itself or by agreement in cooperation with others, of acquiring, holding, developing, designing, constructing, improving, maintaining, managing, operating, financing, furnishing, fixturing, equipping, repairing, leasing or subleasing, either in the capacity of lessor or lessee or sublessor or sublessee, and owning a convention center, or parts thereof.(b) The authority is granted all powers necessary or convenient for the carrying out of the purposes in subsection (a), including, without limiting the generality of the foregoing, the following rights and powers:(1) To have continuing succession.(2) To sue and be sued, implead and be impleaded, complain and defend in all courts.(3) To adopt, use and alter at will a corporate seal.(4) To acquire by gift or otherwise, purchase, hold, receive, lease, sublease and use a license, franchise or property, real, personal or mixed, tangible or intangible, or any interest therein, including a convention center, or parts thereof.(5) To sell, transfer or dispose of property or an interest therein with adequate and fair consideration.(6) To acquire, hold, develop, design, construct, improve, maintain, manage, operate, furnish, fixture, equip, repair, own, lease or sublease a convention center, or parts thereof, and to make, enter into and award contracts with any person, association, partnership or corporation for the development, design, financing, construction, improvement, maintenance, operation, management, furnishing, fixturing, equipping and repairing of a convention center, or parts thereof.(7) To make bylaws for the management and regulation of its affairs and issue rules, regulations and policies in connection with the performance of its functions and duties.(8) To appoint officers, agents, employes and servants, to prescribe their duties and to fix their compensation.(9) To fix, alter, charge and collect rentals, admissions, license fees and other charges.(10) To borrow money for the purpose of paying the costs of a project and to evidence the same; make and issue negotiable bonds of the authority; secure payment of the bonds, or any part thereof, by pledge or deed of trust of all or any of its revenues (including any hotel room rental tax), rentals, receipts and contract rights; make such agreements with the purchasers or holders of the bonds or with other obligees of the authority in connection with the bonds, whether issued or to be issued, as the authority shall deem advisable, which agreements shall constitute contracts with the holders or purchasers; obtain such credit enhancement or liquidity facilities in connection with the bonds as the authority shall determine to be advantageous; and, in general, provide for the security of the bonds and the rights of the bondholders.(11) To make, enter into and award contracts of every name and nature and to execute all instruments necessary or convenient for the carrying out of its business.(12) To borrow money and accept grants and to enter into contracts, leases, subleases, licenses or other transactions with any Federal agency, State public body, political subdivision, person, association, partnership or corporation.(13) To pledge, hypothecate or otherwise encumber its property, real, personal or mixed, tangible or intangible, and its revenues or receipts, including, but not limited to, any interest the authority may have in a lease or sublease of a convention center, or parts thereof.(14) To procure such insurance containing such coverages, including, without limitation, insurance covering the timely payment in full of principal of and interest on bonds of the authority, in such amounts, from such insurers, as the authority may determine to be necessary or desirable for its purposes.(15) To invest its money.(16) To cooperate with any Federal agency, State public body or political subdivision.(17) To invest funds held in reserve or sinking funds or funds not required for immediate disbursements as authorized by section 2399.13(d).(18) To appoint all officers, agents and employes required for the performance of its duties and fix and determine their qualifications, duties and compensation and retain or employ other agents or consultants, including, but not limited to, architects, auditors, engineers, private legal counsel and private consultants, on a contract basis or otherwise for rendering professional or technical services and advice.(19) To enroll its employes in an existing retirement system of the State, county, city or other governmental entity.(20) To appoint and fix the compensation of chief counsel and such assistant counsel to provide it with legal assistance, and the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.(21) To maintain an office in the county seat.(22) To appoint an executive director who shall be the chief executive officer of the authority, who shall devote his full time during business hours to the duties of his office and who shall receive compensation as the board shall determine.(23) To do all acts and things necessary or convenient for the promotion of its purposes and the general welfare of the authority and to carry out the powers granted to it by this subdivision or by any other act.(c) (1) The authority shall have no power to pledge the credit or taxing powers of a State public body, a political subdivision or the county, nor shall its obligations be deemed obligations of any State public body, a political subdivision or the county, nor shall any State public body, a political subdivision or the county be liable for the payment of principal or interest on such obligations.(2) The authority shall have no power of eminent domain.(d) The authority shall develop and implement an affirmative action plan to assure that all persons are accorded equality of opportunity in employment and contracting by the authority, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers.(2399.5 added Nov. 3, 1999, P.L.461, No.42)Section 2399.6. Capital and Operating Budgets.--(a) At least ninety days before the commencing of the ensuing fiscal year of the authority, the board shall cause to be prepared and submitted to it a recommended capital budget. The capital budget shall show in detail the capital expenditures to be made or incurred in the next fiscal year which are to be financed from funds subject to control or appropriation by the board. For each separate purpose, project, facility or other property, there shall be shown the amount and the source of the money that has been spent, encumbered or is intended to be spent or encumbered during the fiscal year. No later than the date of the adoption of the annual operating budget, the board shall by a majority vote of its members adopt a capital budget.(b) At least ninety days before the commencing of the ensuing fiscal year of the authority, the board shall cause to be prepared and submitted to it a recommended operating budget. The operating budget shall be prepared with the aid of the governing bodies of the county and county seat. In the event that the operating budget is not in form and detail satisfactory to the governing body, they may require that the operating budget be redrafted and resubmitted, and the governing body shall not be considered to be in receipt of the operating budget or any amendments unless the form and detail is to the governing body's satisfaction. The operating budget should set forth the estimated receipts and revenues of the authority during the next fiscal year. The board shall, at least thirty days before the end of the fiscal year, adopt by a majority vote of its members an operating budget for the next fiscal year.(2399.6 added Nov. 3, 1999, P.L.461, No.42)Section 2399.7. Purposes and Powers; Bonds.--(a) The bonds of an authority created under this subdivision and authorized to be issued shall be authorized by resolution of the board of the authority and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate or rates as shall be determined by the board as necessary to issue and sell the authorized bonds, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration, exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities in the revenues or receipts of the authority as the resolution or resolutions may provide. The bonds shall be signed by or shall bear the facsimile signatures of such officers as the authority shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the authority, and all bonds shall be authenticated by an authenticating agent, fiscal agent or trustee, all as may be prescribed in such resolution or resolutions. The bonds may be issued and delivered notwithstanding that one or more of the officers signing the bonds or the treasurer whose facsimile signature shall be upon the coupon shall have ceased to be such officer or officers at the time when the bonds shall actually be delivered.(b) The bonds may be sold at public sale or private negotiated sale for such price or prices and at such rate of interest as the authority shall determine. Pending the preparation of the definitive bonds, interim receipts may be issued to the purchaser or purchasers of the bonds and may contain such terms and conditions as the authority may determine.(c) The bonds shall have the qualities of negotiable instruments under 13 Pa.C.S. (relating to commercial code).(d) The net proceeds of the issue of bonds or notes may be used to pay the costs of the project or to reimburse costs initially paid by a State public body, the county, another political subdivision, an agency, an organization or a person.(e) (1) Subject to the provisions of the outstanding bonds, notes or other obligations and subject to the provisions of this subdivision, the authority shall have the right and power to refund outstanding debt, in whole or in part, at any time and shall have the right and power to refund outstanding notes with bonds or bonds with notes.(2) As used in this subsection, the term "refund" and its variations means the issuance and sale of obligations the proceeds of which are used or are to be used for the payment or redemption of outstanding obligations upon or prior to maturity.(2399.7 added Nov. 3, 1999, P.L.461, No.42)Section 2399.8. Provisions of Bonds, Trusts, Indentures and Mortgages.--In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds and obligations, the authority, in addition to its other powers, shall have the power to:(1) Pledge all or part of its gross or net revenues to which its right then exists or may thereafter come into existence.(2) Mortgage all or part of its real or personal property then owned or thereafter acquired.(3) Covenant against pledging all or part of its revenues or against mortgaging all or part of its real or personal property to which its right or title exists or may thereafter come into existence or against permitting or suffering a lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of its real property; and to covenant as to what other or additional debts or obligations may be incurred by it.(4) Covenant as to the bonds to be issued and as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds; to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest; and to redeem the bonds and to covenant for and provide the terms and conditions for their redemption.(5) Covenant as to the amount and the use and disposition of revenues to be raised each year or other period of time by the authority; to create or to authorize the creation of special funds for debt service or other purposes; and to covenant as to the use and disposition of the moneys held in such funds.(6) Prescribe the procedure, if any, by which the terms of a contract with bondholders may be amended or abrogated, the amount of bonds, the holders of which must consent thereto and the manner in which consent may be given.(7) Covenant as to the use of its real or personal property; to warrant its title; and to covenant as to the maintenance and replacement of its real and personal property, the insurance to be carried on the property and the use and disposition of insurance moneys.(8) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation; and to covenant and prescribe in the event of default as to terms and conditions upon which its bonds or obligations shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.(9) Vest in a trustee or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee the right in the event of a default by the authority to take possession and use, operate and manage any real property and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with the trustee; to provide for the powers and duties of a trustee and to limit the trustee's liabilities; and to provide the terms and conditions upon which the trustee or the holders of bonds or any proportion of them may enforce covenants or rights securing or relating to the bonds.(10) Obtain letters of credit and bond insurance.(11) Exercise all or any part or combination of the powers granted in this section; to make covenants other than and in addition to the covenants expressly authorized in this section and to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of the authority, as will tend to accomplish the purposes of this subdivision by making the bonds more marketable notwithstanding that such covenants, acts or things may not be specifically enumerated in this section.(2399.8 added Nov. 3, 1999, P.L.461, No.42)Section 2399.9. Remedies of Obligee of Authority.--An obligee of the authority shall have the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:(1) By mandamus, suit, action or proceeding at law or in equity, to compel the authority and its members, officers, agents or employes to perform each and every term, provision and covenant contained in any bond or contract of the authority with or for the benefit of the obligee and to require the carrying out of any or all such covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this subdivision.(2) By proceeding in equity, to obtain an injunction against any acts or things which may be unlawful or the violation of any of the rights of the obligee.(2399.9 added Nov. 3, 1999, P.L.461, No.42)Section 2399.10. Additional Remedies Conferrable by Authority.--(a) The authority shall have power by its resolution, trust, indenture or mortgage to confer upon any obligees holding or representing a specified percentage of bonds the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action or proceeding in a court of competent jurisdiction:(1) to obtain the appointment of a receiver of any real property or leasehold interest of the authority and of the rents and profits therefrom. If a receiver be appointed, he may enter and take possession of the real property or any leasehold interest, operate the same and collect and receive all revenues or other income thereafter arising therefrom and shall keep the money in a separate account and apply the same in accordance with the obligations of the authority as the court shall direct; or(2) to require the authority and its members to account as if it and they were the trustees of an express trust.(b) Nothing in this subdivision shall authorize a receiver appointed pursuant to this subdivision for the purpose of operating and maintaining any facilities of the authority to sell, assign, mortgage or otherwise dispose of any of the assets of whatever kind or character belonging to the authority. It is the intention of this subdivision to limit the powers of the receiver to the operation and maintenance of the facilities of the authority as the court shall direct, and no holder or holders of bonds of the authority nor any trustee or other obligee shall ever have the right in any suit, action or proceeding, at law or in equity, to compel a receiver, nor shall any receiver ever be authorized or court be empowered to direct the receiver, to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the authority.(2399.10 added Nov. 3, 1999, P.L.461, No.42)Section 2399.11. Governing Board.--(a) The power of the authority shall be exercised by a governing board composed of the following members:(1) The governing body of the county seat in which the convention center is located shall appoint three members. The term of office of these members shall be four years. The terms of the first three members appointed shall be allocated between them for a two-year, three-year and four-year term, respectively.(2) The governing body of the county in which the convention center is located shall appoint three members. The term of office of these members shall be four years. The terms of the first three members appointed shall be allocated between them for a two-year, three-year and four-year term, respectively.(3) The two governing bodies shall alternate in the appointment of the seventh board member. The governing body of the county shall make the first appointment of the seventh board member, whose term shall be for four years.((4) deleted by amendment)((a) amended Nov. 30, 2004, P.L.1661, No.209)(b) Except as otherwise provided, members shall serve a four-year term from the date of their appointment and until their successors have been appointed and qualified. If a vacancy shall occur by means of the death, disqualification, resignation or removal of a member, subject to the provisions of subsection (a), the appointing authority shall appoint a successor to fill the unexpired term.(c) Subject to such aggregate per annum limitation and other rules and regulations as the board shall determine, a member shall receive one hundred dollars ($100) per board meeting.(d) The members of the board shall select from among themselves a chairman and such other officers as the board may determine. Except as otherwise provided, all actions of the board shall be taken by a vote of at least four members of the board, which shall constitute a majority of the board, unless the bylaws of the authority shall provide for a majority vote by a present quorum in the absence of a full board. The board shall have full authority to manage the properties and business of the authority and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the authority may be conducted and the powers granted to it may be exercised and embodied. Notwithstanding any other law, court decision, precedent or practice to the contrary, no actions by or on behalf of the board shall be taken by an officer of the board except upon the approval of the board. As used in this subsection, the term "actions by or on behalf of the board" means any action whatsoever of the board, including, but not limited to, the hiring, appointment, removal, transfer, promotion or demotion of any officers and employes, the retention, use or remuneration of advisors, counsel, auditors, architects, engineers or consultants, the initiation of legal action, the making of contracts, leases, agreements, bonds, notes or covenants, the approval of requisitions, purchase orders, investments and reinvestments and the adoption, amendment, revision or rescission of rules and regulations, orders or other directives.(e) Members of the board shall not be liable personally on the bonds or other obligations of the authority, and the rights of creditors shall be solely against the authority. The authority, itself or by contract, shall defend board members, and the authority shall indemnify and hold harmless board members, whether currently serving as a member of the authority or not, against and from any and all personal liabilities, actions, causes of action and claims made against them for whatever actions they perform within the scope of their duties as board members.(2399.11 added Nov. 3, 1999, P.L.461, No.42)Section 2399.12. Sovereign Immunity.--It is hereby declared to be the intent of the General Assembly that the authority created pursuant to this subdivision and its officers, officials and employes shall enjoy sovereign and official immunity, as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) and remain immune from suit except as provided by and subject to the provisions of 42 Pa.C.S. §§ 8501 (relating to definitions) through 8528 (relating to limitations on damages). Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.(2399.12 added Nov. 3, 1999, P.L.461, No.42)Section 2399.13. Moneys of Authority.--(a) All moneys of the authority, from whatever source derived, shall be paid to the treasurer of the authority.(b) The board shall invest authority funds consistent with sound business practice.(c) The board shall provide for an investment program subject to restrictions contained in this subdivision and in any other applicable statute and in rules or regulations adopted by the board.(d) Authorized types of investments for authority funds shall be:(1) Direct obligations of or obligations guaranteed by the United States.(2) A bond, debenture, note, participation certificate or other similar obligation issued by any one or combination of the following agencies: Government National Mortgage Corporation, Federal Land Banks, Federal Home Loan Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Tennessee Valley Authority, United States Postal Service, Farmers Home Administration, Student Loan Marketing Association and Export-Import Bank of the United States.(3) A bond, debenture, note, participation certificate or other similar obligation issued by the Federal National Mortgage Corporation to the extent such obligations are guaranteed by the Government National Mortgage Corporation or issued by another Federal agency and backed by the full faith and credit of the United States.(4) Deposits in interest-bearing time or demand deposits or certificates of deposit fully insured by the Federal Deposit Insurance Corporation or its successors or the Federal Savings and Loan Insurance Corporation or its successors or fully secured by any of the obligations described above to the extent not so insured.(5) Repurchase agreements relating to, or investment agreements secured by or providing for the acquisition of and, if applicable, resale of, obligations described in clauses (1) through (4) or obligations of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association with:(i) banks or trust companies, which may include a banking entity or depository;(ii) brokers or broker-dealers registered under the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. §§ 78a-78jj) acceptable to the authority; or(iii) insurance companies rated A+ or better by Best's and having a net capital and surplus of at least twenty-five million dollars ($25,000,000) or certificates of deposit with banks or trust companies fully secured as to principal and accrued interest by obligations described in clauses (1) through (4) deposited with or subject to the control of the authority.(6) Money market deposit accounts of banks or trust companies having a net capital and surplus of at least twenty-five million dollars ($25,000,000), which may include a banking entity or depository.(7) The description of authorized investments as set forth in clauses (5) and (6) shall be met only if the agreements referenced therein provide for the repayment of the principal amount invested at an amount not less than that so invested. Whenever security is required as set forth in clauses (4) through (6), the security shall be deposited with the treasurer of the authority or be held by a trustee or agent satisfactory to the authority. Moneys of the authority shall be paid out on the warrant or other order of the chairman of the authority or of such other person or persons as the authority may authorize to execute warrants or orders.(e) An authority created under this subdivision shall file an annual report with the Department of Community and Economic Development and with the county and political subdivision constituting the county seat, which shall make provisions for the accounting of revenues and expenses. The authority shall have its books, accounts and records audited annually in accordance with generally accepted auditing standards by an independent auditor who shall be a certified public accountant, and a copy of his audit report shall be attached to and be made a part of the annual report. A concise financial statement shall be published annually in a newspaper of general circulation in the county where the authority is located.(f) The Attorney General, Auditor General, Secretary of the Budget and the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and the minority chairman of the Appropriations Committee of the House of Representatives shall have the right to examine the books, accounts and records of the authority.(2399.13 added Nov. 3, 1999, P.L.461, No.42)Section 2399.14. Transfer of Existing Facilities or Funds; Making of Annual Grants and Lease Payments to Authority.--(a) A State public body or political subdivision may and is hereby authorized to sell, lease or sublease from or to, lend, grant, convey or otherwise transfer or pay over to the authority, with or without consideration, a convention center, or parts thereof, or an interest in property, real, personal or mixed, tangible or intangible, or any funds available, needed or obligated for development, acquisition, design, maintenance, management, operation, financing, leasing or subleasing, construction or improvement purposes, including the proceeds of bonds previously or hereafter issued for construction or improvement of a convention center, or parts thereof. Property, funds or a convention center, or parts thereof, received by the authority may be used for any lawful purpose of the authority. Nothing in this subdivision nor in any other law shall be deemed to make an authority or person a State-supported or State-aided institution under any law of this Commonwealth.(b) The governing bodies of the county and county seat may and are hereby authorized to make grants from current revenues to the authority and to assist in defraying the costs of management, operation, maintenance, financing and debt service of a convention center, or parts thereof, and to enter into long-term agreements providing for the payment of the same and to enter into long-term leases or subleases as lessee or sublessee of all or part of a convention center, provided that obligations of the county and county seat to make grants, lease or sublease payments to an authority shall not, even if based on debt obligations of an authority, constitute debts of the county and county seat within the meaning of any constitutional or statutory provision and shall be payable only to the extent that current revenues of the county and county seat are available. The county and county seat may issue general obligation bonds for the purpose of obtaining funds for local contributions pertaining to convention centers, or parts thereof.(c) The Commonwealth may contribute to the capital costs of constructing a convention center by the issuance of Commonwealth bonds and notes pursuant to Article XVI-B of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code," or pursuant to Chapter 3 of the act of February 9, 1999 (P.L.1, No.1), known as the "Capital Facilities Debt Enabling Act." A convention center project undertaken by the authority is hereby deemed to be a redevelopment assistance project for which capital funds of the Commonwealth may be expended pursuant to the provisions of the act of May 20, 1949 (P.L.1633, No.493), known as the "Housing and Redevelopment Assistance Law," and, notwithstanding any provisions of the "Housing and Redevelopment Assistance Law," the Department of Community and Economic Development is hereby authorized to make capital grants directly to the authority in furtherance of this subdivision.(2399.14 added Nov. 3, 1999, P.L.461, No.42)Section 2399.15. Award of Contracts.--(a) All construction, reconstruction, repairs or work of any nature made by the authority where the entire cost, value or amount of the construction, reconstruction, repairs or work, including labor and materials, shall exceed ten thousand dollars ($10,000), except construction, reconstruction, repairs or work done by employes of the authority or by labor supplied under agreement with any Federal agency, State public body or political subdivision, with supplies and materials purchased as hereinafter provided, shall be done only under contract or contracts to be entered into by the authority with the lowest responsible bidder upon proper terms after due public notice has been given asking for competitive bids as hereinafter provided, but the authority shall have the right to reject any or all bids or select a single item from any bid. No contract shall be entered into for construction or improvement or repair of any project or portion thereof unless the contractor shall provide sufficient surety or sureties approved by the authority and in an amount fixed by the authority for the performance of the contract. All contracts shall provide among other things that the person or corporation entering into the contract with the authority will pay for all materials furnished and services rendered for the performance of the contract and that a person or corporation furnishing materials or rendering services may maintain an action to recover for the same against the obligor in the undertaking as though the person or corporation was named therein provided the action is brought within one year after the time the cause of action accrued. Nothing in this section shall be construed to limit the power of the authority to construct, repair or improve a project or portion thereof or any addition, betterment or extension thereto directly by the officers and employes of the authority. The authority shall award the construction of a convention center according to the provisions of the act of May 1, 1913 (P.L.155, No.104), entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings," and shall be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth procurement code). Nothing in this section or any other law of this Commonwealth shall require the authority to competitively bid architectural design, engineering or other professional services required by the authority.(b) All supplies and materials costing ten thousand dollars ($10,000) or more to be acquired directly by the authority shall be purchased only after due advertisement as hereinafter provided. The authority shall accept the lowest bid or bids from a responsible bidder, kind, quality and material being equal, but the authority shall have the right to reject any or all bids or select a single item from a bid. The provisions as to bidding shall not apply to the purchase of unique supplies and materials or supplies and materials which cannot be obtained in the open market.(c) Nothing in this section or in any other law of this Commonwealth shall preclude the board with the approval of five members from negotiating contracts for management, operation, concession services, licensing or leasing of a convention center, or any part thereof. The authority shall not award a contract to a manager, operator, concessionaire, licensee, lessee or lessor that exceeds three years in duration unless five members of the board approve the awarding of a contract for a greater period of time.(d) The authority, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers shall not be subject to county or county seat laws, ordinances, rules or regulations relating to limits or preferences with regard to employment, contracting or procurement in the construction and operation of the convention center.(e) The authority shall be subject to the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act," the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act," and 62 Pa.C.S. Ch. 37 Subch. B (relating to motor vehicles).(f) As used in this section, the terms "advertisement" or "public notice" mean a notice published at least ten days before the award of a contract in a newspaper of general circulation published in the county, provided that the notice may be waived where the authority determines an emergency exists and supplies and materials must be immediately purchased by the authority.(2399.15 added Nov. 3, 1999, P.L.461, No.42)Section 2399.16. Interests of Public Officers, Public Employes and Party Officers.--(a) (1) No party officer, public officer, public official or public employe shall be employed as a management-level authority employe.(2) No person convicted of an infamous crime shall be employed as a management-level employe by the authority.(b) The provisions of the act of July 19, 1957 (P.L.1017, No.451), known as the "State Adverse Interest Act," and 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) are hereby made specifically applicable to board members, officers and employes of the authority. For the purposes of application of these acts, employes of the authority shall be regarded as public employes of the Commonwealth, and officers or board members of the authority shall be regarded as public officials of the Commonwealth, whether or not they receive compensation. The authority shall also be subject to the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, and 65 Pa.C.S. Ch. 7 (relating to open meetings).(c) Notwithstanding the provisions of subsection (b), the following prohibitions shall apply to the authority created by this subdivision:(1) No management-level employe or other employe of the authority shall use his position with the authority or confidential information received through his position with the authority to obtain financial gain other than compensation provided by law for himself, a member of his immediate family or a business with which he is associated.(2) No person shall offer or give to a management-level employe or other employe of the board or a member of his immediate family or a business with which he is associated, and no management-level employe or other employe of the board shall solicit or accept, anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on an understanding that the vote, official action or judgment of the management-level employe or other employe of the board would be influenced thereby.(3) No management-level employe or other employe of the board or a member of his immediate family or a business in which the person or a member of the person's immediate family is a director, officer, owner or holder of stock exceeding five per centum of the equity at fair market value of the business shall enter into a contract valued at five hundred dollars ($500) or more to provide goods or services to the authority unless the contract has been awarded to the lowest responsible bidder through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded.(4) No former management-level employe or other former employe of the board shall represent a person, with or without compensation, on any matter before the authority with which he has been associated for one year after he leaves the authority.(5) An individual who is a State, county seat or county public officer or public official or a party officer, a member of the immediate family of such an individual or a business with which such an individual or immediate family member is associated shall not have a financial interest in a contract valued at five hundred dollars ($500) or more to provide goods or services to the authority either during the time the person holds the office or for two years after the person terminates the office unless the contract is executed pursuant to the provisions of clause (3). For purposes of this clause, the term "financial interest" shall not include employment by, association with or ownership of a business association unless the public officer, public official, party officer or immediate family member owns shares of stock in the corporation in an amount in excess of five per centum of the total issue of the stock of the corporation or has an ownership interest in a noncorporate business association in an amount in excess of five per centum of the total ownership of the noncorporate business association.(6) No management-level employe or other employe of the board nor an advisor or consultant to the county seat, the county or the State, having recommended to the authority which he serves either the making of a contract relating to a convention center authority or a course of action of which the making of such a contract is an express or implied part, shall, at any time thereafter, have an adverse interest in the contract.(7) No management-level employe or other employe of the authority, the county seat, the county or the State shall influence or attempt to influence the making of or supervise or in any manner deal with a contract with the authority in which he has an adverse interest.(8) No management-level employe or other employe shall have an adverse interest in a contract with the authority.(9) No person having an adverse interest in a contract with the authority shall become a management-level employe or other employe of the authority until the adverse interest shall have been wholly divested.(10) No management-level employe or other employe of the authority, the county seat, the county or the State, except in the performance of his duties as an employe, shall for remuneration, directly or indirectly, represent a person upon a matter pending before the authority.(d) (1) A person who violates this section shall have his employment by the authority immediately terminated by the appropriate person having the power to terminate and shall be liable to the authority to reimburse the authority for all compensation received by him from the authority while employed in violation of subsection (a).(2) A person who violates subsection (c)(1) or (2) commits a felony and shall be sentenced to pay a fine of not more than ten thousand dollars ($10,000) or to imprisonment for not more than five years, or both.(3) A person who violates subsection (c)(3) through (10) commits a misdemeanor and shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or to imprisonment for not more than one year, or both.(4) A person who obtains financial gain from violating subsection (c), in addition to any other penalty provided by law, shall pay into the accounts of the authority a sum of money equal to three times the financial gain resulting from the violation.(5) A person who violates subsection (c) shall be barred for a period of five years from engaging in any business or contract with the authority, the county seat, the county, the State and all political subdivisions.(6) An employe of the county seat, county, State or any political subdivision or a public officer or public official who violates subsection (c) shall automatically forfeit the office or employment he may then hold.(7) The penalties and sanctions provided by this section shall supersede any similar penalties and sanctions provided by the act of October 4, 1978 (P.L.883, No.170), known as the "Public Official and Employee Ethics Law," and the "State Adverse Interest Act."(e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Business" shall mean a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust or any legal entity organized for profit or as a not-for-profit corporation or organization."Business with which he is associated" shall mean a business in which the person or a member of the person's immediate family is a director, officer, owner, employe or holder of stock."Immediate family" shall mean a parent, spouse, child, brother, sister or like relative-in-law."Infamous crime" shall mean a violation and conviction for an offense which would disqualify an individual from holding public office pursuant to section 6 of Article II of the Constitution of Pennsylvania or a conviction for a violation of this section, 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions) or Ch. 47 (relating to bribery and corrupt influence), 49 (relating to falsification and intimidation), 51 (relating to obstructing governmental operations) or 53 (relating to abuse of office) or any other violation of the laws of this Commonwealth for which an individual has been convicted within the preceding ten years and which is classified as a felony, and similar violations of the laws of another state or the Federal Government."Management-level authority employe" shall mean the chairman and members of the board of the authority, counsel employed by the authority, the executive director of the authority and any authority employe with discretionary powers which may affect the outcome of the authority's decision in relation to a private corporation or business or any employe who by virtue of his job function could influence the outcome of the decision."Party officer" shall mean the following members or officers of a political party:(1) a member of a national committee;(2) a chairman, vice chairman, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee;(3) a city chairman or vice chairman or counsel, secretary or treasurer of a city committee; or(4) a county chairman or vice chairman or counsel, secretary or treasurer of a county committee."Person" shall mean a business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons."Public employe" shall mean an individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonministerial nature with regard to:(1) contracting or procurement;(2) administering or monitoring grants or subsidies;(3) planning or zoning;(4) inspecting, licensing, regulating or auditing any person; or(5) any other activity where the official action has an economic impact of greater than a de minimis nature on the interest of any person.A public employe shall not include individuals who are employed by the State or a political subdivision in teaching, as distinguished from administrative duties."Public officer" shall mean a person elected to any public office of the Commonwealth or a political subdivision."Public official" shall mean an elected or appointed official in the executive, legislative or judicial branch of the State or a political subdivision, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense or to otherwise exercise the power of the State or a political subdivision. The term shall not include an appointed official who receives no compensation other than reimbursement for actual expenses.(2399.16 added Nov. 3, 1999, P.L.461, No.42) Compiler's Note: The act of 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.Section 2399.17. Acquisition of Lands.--The authority shall have the power to acquire by purchase either the fee or such right, title, interest or easement or any combination thereof in such lands within the county or county seat as the authority may deem necessary for the purpose mentioned in this subdivision, except that a convention center constructed pursuant to the terms of this subdivision must be located in a redevelopment assistance eligible area.(2399.17 added Nov. 3, 1999, P.L.461, No.42)Section 2399.18. Use and Operation of Convention Center.--The use and operation of the convention center, and all parts thereof, and the operation of the business of the authority shall be subject to the rules and regulations from time to time adopted by the authority, provided, however, that the authority shall not be authorized to do anything which will impair the security of the obligees of the authority or violate any agreements with them or for their benefit or violate any contracts, leases or other agreements awarded, made or entered into by the authority.(2399.18 added Nov. 3, 1999, P.L.461, No.42)Section 2399.19. Limitation of Powers.--(a) The Commonwealth does hereby pledge to and agree with any person, the county, county seat, political subdivision or Federal agency subscribing to or acquiring the bonds to be issued by the authority for the construction or improvement of a convention center, or parts thereof, that the Commonwealth will not limit or alter the rights hereby vested in the authority in any manner inconsistent with the obligations to the bondholders until all bonds at any time issued, together with the interest, are fully paid and discharged. The Commonwealth does further pledge to and agree with any Federal agency that in the event that the Federal agency shall construct or contribute funds for the construction or improvement of a convention center, or parts thereof, that the Commonwealth will not alter or limit the rights and powers of the authority in any manner which would be inconsistent with the due performance of any agreements between the authority and the Federal agency.(b) The Commonwealth does hereby pledge to and agree with any person who as owner leases or subleases a convention center, or parts thereof, to or from an authority created pursuant to this subdivision that the Commonwealth will not limit or alter the rights and powers hereby vested in the authority or otherwise created by this subdivision in any manner which impairs the obligations of the authority until all obligations of the authority under the lease or sublease are fully met and discharged.(2399.19 added Nov. 3, 1999, P.L.461, No.42)Section 2399.20. Exemption from Taxation.--The effectuation of the authorized purposes of authorities created under this subdivision shall and will be in all respects for the benefit of the people of this Commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and since authorities, as public instrumentalities of the Commonwealth, will be performing essential governmental functions in effectuating these purposes, the authorities shall not be required to pay any taxes or assessments upon a convention center, or parts thereof, or property acquired or used or permitted to be used by them for these purposes; and the bonds issued by any authority, their transfer and the income from the bonds, including any profits made on the sale of the bonds, shall at all times be free from State and local taxation within this Commonwealth. This exemption shall not extend to gift, estate, succession or inheritance taxes or any other taxes not levied directly on the bonds, their transfer or the income from or the realization of profits on the sale of the bonds.(2399.20 added Nov. 3, 1999, P.L.461, No.42)Section 2399.21. Lease by Authorities.--A convention center, or part thereof, established under this subdivision may be leased or subleased by the authority to and from the county or county seat, and the county or county seat is hereby empowered to enter into leases, subleases, or both, for this purpose. A lease or sublease may be made for a specified or unlimited time and on any terms and conditions which may be approved by the county or county seat and which may be agreed to by the authority in conformity with its contracts with the holders of any bonds.(2399.21 added Nov. 3, 1999, P.L.461, No.42)Section 2399.22. Cooperation.--(a) For the purpose of aiding and cooperating with the authority and in the planning, acquisition, clearance, relocation, development, design, construction, rehabilitation, leasing, subleasing, alteration, expansion, financing, improvement, management or operation of a convention center, or parts thereof, any State public body or political subdivision or the county or county seat may, upon such terms, with or without consideration, as it may determine:(1) Dedicate, sell, convey, lease or otherwise transfer property or any interest therein, real, personal or mixed, tangible or intangible, to the authority.(2) Cause parking, recreational or community facilities or any other works, which it is otherwise empowered to undertake, to be furnished in or adjacent to any area selected for a convention center, or parts thereof.(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered so to do.(4) Enter into agreements, extending over any period, with the authority or with the Federal Government respecting action to be taken by a State public body pursuant to the powers granted by this section.(5) Do any and all things necessary or convenient to aid and cooperate in the development, acquisition, design, construction, improvement, maintenance, management, operation, furnishing, fixturing, equipping, repairing, financing, owning, leasing and subleasing of a convention center, or parts thereof.(6) In connection with public improvements made by a State public body, political subdivision, county or the county seat, in exercising the powers herein granted, a State public body or political subdivision or the county or county seat may incur the entire expense.(7) The Secretary of General Services is authorized, with the approval of the Governor and Attorney General, to execute and deliver, on behalf of the Commonwealth, conveyances, deeds and leases authorized under this subdivision.(b) In connection with a convention center, or parts thereof, the county or county seat may contract with the authority or the Federal Government with respect to sums which the authority or the Federal Government may agree to pay during any year or period of years to the county or county seat for the improvements, services and facilities to be provided by it for the benefit of the authority, convention center, or parts thereof, or the persons occupying the area. However, the absence of a contract for these payments shall in no way relieve the county or county seat from the duty to furnish for the benefit of the authority, convention center, or parts thereof, or the persons occupying the area, customary improvements and such services and facilities as the county or county seat usually furnishes without a service fee.(c) The county, county seat or State may by written agreement designate the authority as its agent within the authority's field of operation to perform any specified activity or to administer any specified program which the State, county or county seat is authorized by law to do. However, any such activities or programs shall be in furtherance of the public purposes specified in this subdivision. These activities may include, without being limited to, development, acquisition, design, construction, improvement, maintenance, leasing, management or operation of a convention center, or parts thereof.(d) The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.(2399.22 added Nov. 3, 1999, P.L.461, No.42)Section 2399.23. Hotel Room Rental Tax.--(a) The county in which the convention center is located is hereby authorized to impose an excise tax on the consideration received by each operator of a hotel within the market area 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 pursuant to subsection (e) and shall be known as the Hotel Room Rental Tax.(b) The rate of tax imposed under this section by the county in which the convention center is located shall not exceed five per centum.(c) Eighty per centum of revenues to be received from taxes imposed pursuant to this section shall be annually deposited in the special fund required under subsection (d) for the use of the authority for convention center purposes. Twenty per centum of the revenues to be received from taxes imposed pursuant to this section shall be deposited within thirty days of collection in the tourist promotion agency fund required under subsection (d) until disbursed as provided below.(d) The treasurer of each county electing to impose the tax authorized under this section is hereby directed to collect the tax and:(1) to deposit eighty per centum of the revenues received from the tax in special funds established for purposes set forth in this section; and(2) to deposit twenty per centum of the revenues received by the tax in the tourist promotion agency fund until disbursed pursuant to subsection (g).Interest on moneys deposited in the funds shall accrue proportionately to the respective funds as provided in this section. The treasurer is hereby authorized to establish rules and regulations concerning the collection of the tax, which collection shall occur not more often than monthly nor less often than quarterly.(e) Expenditures from the fund established pursuant to subsection (d) for the authority shall be used by the authority for the following purposes:(1) Projected annual debt service or lease payments of the convention center authority.(2) Costs associated with financing, constructing, improving, maintaining, furnishing, fixturing and equipping the convention center.(3) Costs associated with the development of the convention center, including, but not limited to, design, engineering and feasibility costs.(4) Costs associated with the operation and management of the convention center.(5) Costs associated with promoting, marketing and otherwise encouraging use of the convention center.(6) General purposes of the convention center.(f) If and to the extent that the authority pledges its share of the proceeds of the tax authorized by this section as security for the payment of bonds issued by the authority for convention center purposes, the Commonwealth does hereby pledge to and agree with any person, firm or corporation subscribing to or acquiring bonds to be issued by the authority for convention center purposes that the Commonwealth itself will not, nor will it authorize a county to, reduce the rate of tax imposed for convention center purposes until all bonds so secured by the pledge of the authority, together with interest, are fully met and discharged.(g) Provided that no event of default has occurred and is continuing with respect to any bonds, notes or other indebtedness of an authority incurred to finance the construction of a convention center, revenues received from the tax deposited to the tourist promotion agency fund required under subsection (d) shall be disbursed by each county to the tourist promotion agency within ten days of receipt thereof, provided that the county shall have no obligation to invest any funds deposited to the tourist promotion agency fund.(h) Each tax year for any tax imposed hereunder shall run concurrently with the county's fiscal year.(h.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. ((h.1) added July 5, 2005, P.L.38, No.12)(i) The tax levied under this section shall expire when all bonds issued by a county under this subdivision have been fully met and discharged.(j) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Consideration" shall mean 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."Convention center" shall mean any land, improvement, structure, building, or part thereof, or property interest therein, whether owned by or leased by or to or otherwise acquired by an existing authority, appropriate for any of the following: large public assemblies, the holding of conventions, conferences, trade exhibitions and other business, social, cultural, scientific and public interest events, and all facilities, furniture, fixtures and equipment necessary or incident thereto, including meeting rooms, dining rooms, kitchens, ballrooms, reception areas, registration and prefunction areas, truck loading areas, including access thereto, accessways, common areas, lobbies, offices and areas appurtenant to any of the preceding, together referred to as the main convention area, and also including other buildings, structures or facilities for use in conjunction with the foregoing, including, but not limited to, provision for off-street parking, retail areas and other improvements related to the center owned by or leased by or to an existing authority for the purpose of producing revenues to assist in defraying the costs or expenses of the convention center."Hotel" shall mean a hotel, motel, inn, guesthouse or other building located within the market area which holds itself out by any means, including advertising, license, registration with an innkeeper's 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. The term includes a place which advertises to the public at large or a segment of the public that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large. The term also includes a place recognized as a hostelry, provided that portions of a facility which are devoted to persons who have established permanent residence shall not be included in this definition. The term does not include a bed and breakfast homestead or inn as defined in the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law."Market area" shall mean:(1) With respect to a county in which there is more than one city of the third class, the entire county.(2) With respect to a county in which there is only one city of the third class, one of the following:(i) That city and the area within the county which is not more than fifteen miles from the site of the convention center.(ii) That city and the area within the county which, as determined by the board of commissioners of the county imposing the tax, derives a material benefit from the existence of the convention center within the county. The owner of a hotel affected by a determination by the board under this subclause may challenge the determination by filing a petition in the court of common pleas in the judicial district where the determination was made."Occupancy" shall mean the use or possession or the right to the use or possession by a 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."Operator" shall mean 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 hotel to the public for consideration."Patron" shall mean any person who pays the consideration for the occupancy of a room or rooms in a hotel."Permanent resident" shall mean 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" shall mean 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 accommodations provided therein."Temporary" shall mean a period of time not exceeding thirty consecutive days."Tourist promotion agency" shall mean the agency designated by the governing body of a county or county seat in which the convention center is located 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.""Transaction" shall mean 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" shall mean an individual 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.(2399.23 added Nov. 3, 1999, P.L.461, No.42) 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. (o) Third Class County Convention Center Authorities(Alternative Provision)((o) added October 18, 2000, P.L.541, No.73) Section 2399.51. Short Title.--This subdivision shall be known and may be cited as the "Third Class County Convention Center Authority Act (Alternative Provision)."(2399.51 added October 18, 2000, P.L.541, No.73)Section 2399.52. Findings, Declaration of Policy and Scope.--(a) It is hereby determined and declared as a matter of legislative finding:(1) That the health, safety and general welfare of the people of this Commonwealth are directly dependent upon the continual encouragement, development, growth and expansion of business, industry, commerce and tourism within this Commonwealth.(2) That unemployment, the spread of indigence and the heavy burden of public assistance and unemployment compensation can be avoided by the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in this Commonwealth.(3) That development of convention centers is appropriate within a third class county and that the attraction of business to this Commonwealth as a result of such development is an important factor in the continual encouragement, promotion, attraction, stimulation, development, growth and expansion of business, industry, commerce and tourism within the county seat, the surrounding counties and this Commonwealth as a whole.(4) That the purpose of a convention center should be the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in the county seat, the surrounding counties and this Commonwealth as a whole.(5) That the development of a convention center will provide benefits to the hotel industry throughout the entire area of the county where the center is developed.(6) That the development of a convention center will also provide benefits to the restaurant and entertainment industries throughout the entire county where the center is located, to all other businesses and individuals benefited by the attraction of major conventions and tourists, to other individual businesses whose livelihood is dependent on major conventions and tourists and to the general public.(7) That the need for and promotion of the type of facility which will provide significant benefits to the general public will require the expenditure of public money and that it is therefore appropriate to authorize a county to impose and collect a tax applicable within the entire territorial limits of the county to facilitate the development of a convention facility and the promotion of tourism within the county.(8) That, to promote the development of convention centers within this Commonwealth, it is necessary to provide additional and flexible means of developing, constructing, designing, managing, financing and operating convention centers.(9) That an important aspect of the development of convention centers should be the removal and redevelopment of blighted areas.(b) It is hereby declared to be the policy of the Commonwealth to promote the health, safety, employment, business opportunities and general welfare of the people of this Commonwealth by providing for the creation of third class county convention center authorities which shall exist and operate as public instrumentalities of the Commonwealth for the public purpose of promoting, attracting, stimulating, developing and expanding business, industry, commerce and tourism in this Commonwealth. This purpose is hereby declared to be a public purpose supporting the enactment of all provisions of this subdivision for which public money may be spent and taxes may be imposed.(c) (1) This subdivision shall apply to counties of the third class.(2) This subdivision shall not apply to:(i) a county which has created (either individually or jointly with its county seat) a third class county convention center authority pursuant to the provisions of subdivision (n) of this act or the act of December 27, 1994 (P.L.1375, No.162), known as the "Third Class County Convention Center Authority Act," prior to January 1, 2000.(ii) A county which is served, together with one or more other counties, by a joint planning commission.(d) (1) A county which has created (either individually or jointly with its county seat) a third class county convention center authority pursuant to subdivision (n) of this act after January 1, 2000, may opt to have such authority treated as having been organized under the provisions of this subdivision. Such option shall be exercised by the adoption of a resolution by the governing body of the county to that effect. The exercise of such option may not be revoked.(2) If an authority is treated as having been organized under this subdivision pursuant to the provisions of clause (1), the following transitional provisions shall apply to the authority, the county, the county seat (if applicable), State public bodies and political subdivisions and the acts thereof:(i) the authority shall be treated for all purposes as having been organized under the authority of this subdivision;(ii) all acts of the authority shall be treated for all purposes as having been taken pursuant to the authority granted under this subdivision, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision;(iii) all acts of the county and (if applicable) the county seat in organizing the authority shall be treated for all purposes as having been taken pursuant to the authority granted under this subdivision regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision;(iv) all acts of the county taken or purported to be taken under the authority of subdivision (n) of this act, including, but not limited to, the enactment of a hotel room rental tax, shall be treated as having been taken pursuant to the authority granted under this subdivision, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision; and(v) all acts of any State public body or any political subdivision taken or purported to be taken with respect to the authority under the authority of subdivision (n) of this act, including, but not limited to, the transfer of existing convention center facilities to the authority and the funding of a convention center project as a redevelopment assistance project by the Commonwealth, shall be treated as having been taken pursuant to the authority granted under this subdivision, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision.(3) If an authority is treated as having been organized under this subdivision pursuant to the provisions of clause (1), all acts taken or purported to be taken by the county, the county seat, the authority and State public body or any political subdivision under the authority of subdivision (n) of this act are hereby ratified and affirmed in their entirety, regardless of whether such acts shall have been taken prior to or after the enactment of this subdivision.(4) If an authority is treated as having been organized under this subdivision pursuant to the provisions of clause (1), the members of the board of the authority shall continue in office and shall be treated as if they had been appointed under this subdivision.(2399.52 added October 18, 2000, P.L.541, No.73)Section 2399.53. Definitions.--The following words and phrases when used in this subdivision shall have the meanings given to them in this section unless the context clearly indicates otherwise or unless there is a specific definition in another section:"Authority" or "Third Class County Convention Center Authority" shall mean an agency and public instrumentality of the Commonwealth and a body politic and corporate created pursuant to this subdivision."Board" shall mean the governing body of an authority."Bonds" shall mean notes, bonds, refunding notes and bonds, interim certificates, debentures and other evidence of indebtedness or obligations which the authority is authorized to issue."Construct," "to construct" or "construction" shall mean the acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center, or part thereof, and activities substantially related to the acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center, or part thereof."Convention center" or "convention center facility" shall mean any land, improvement, structure, building, or part thereof, or property interest therein, whether owned by or leased by or to or otherwise acquired by an authority, appropriate for any of the following: large public assemblies, the holding of conventions, conferences, trade exhibitions and other business, social, cultural, scientific, sports, recreational, artistic and public interest events, performances and exhibitions, and all facilities, furniture, fixtures and equipment necessary or incident thereto, including hotels, meeting rooms, dining rooms, kitchens, ballrooms, reception areas, registration and prefunction areas, locker rooms, practice areas and equipment, training areas and equipment, truck loading areas, including access thereto, accessways, including, but not limited to, tunnels, overhead walkways, escalators, elevators and other connections to nearby or adjoining buildings or facilities, regardless of whether such buildings or facilities constitute convention center facilities or are owned or controlled by the authority, common areas, lobbies, offices and areas appurtenant to any of the preceding, and also including other land, buildings, structures or facilities for use or planned for use in conjunction with the foregoing, including, but not limited to, landscaping, buffer areas, off-street parking, retail areas and other improvements related to a convention center facility owned by or leased by or to an authority, regardless of whether such improvements are for the purpose of producing revenues to assist in defraying the costs or expenses of such convention center facility. (Def. amended Nov. 29, 2004, P.L.1275, No.155)"Cost of a project" shall mean all or any part of the cost of construction, acquisition, alteration, enlargement, furnishing, fixturing and equipping, reconstruction and rehabilitation of a convention center project, including, without limitation, the cost of all lands, structures, real or personal property, rights, rights-of-way, roads, franchises, easements and interests acquired or used for or in connection with a project, the cost of demolishing or removing buildings or structures on land so acquired, including the cost of acquiring lands to which the buildings or structures may be moved or located, the cost of all utility lines, structures or equipment, the charges, interest prior to, during and after completion of construction and acquisition, provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements, cost of architectural, engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and revenues, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other capital cost or expense as may be necessary or incident to the construction, development and acquisition of the project, the financing of construction, development and acquisition and the placing of the project in operation, including, without limitation, a proper allowance for contingencies and the provision of reasonable initial working capital for operating the project."County" shall mean a county of the third class or a county which was a county of the third class at the time the county took action to create an authority under this subdivision. (Def. amended Oct. 24, 2018, P.L.931, No.154)"Federal agency" or "Federal Government" shall mean the United States, the President of the United States and any department or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States."Obligee of the authority" or "obligee" shall mean a bondholder or a trustee for a bondholder when a party to a contract with the authority."Political subdivision" shall mean any governmental body other than a State public body or a Federal agency. The term includes, but is not limited to, any county, city, borough, township, school district, municipal authority, transit authority, parking authority or other authority of any type."Project" shall mean a site, building, structure, equipment, furnishing and other facilities or undertaking in respect of a convention center facility which the authority is authorized to acquire, construct, improve, install, maintain or operate under the provisions of this subdivision."State public body" shall mean the Commonwealth and its executive, administrative and independent agencies, departments, officers, boards, authorities, commissions and instrumentalities."Substantial completion" shall mean construction that 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 any project being constructed by the convention center authority can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least ninety per centum of the work on the project area is completed.(2399.53 added October 18, 2000, P.L.541, No.73)Section 2399.54. Authority Creation.--(a) The governing bodies of a third class county and the political subdivision constituting the county seat or the county acting alone may create a body corporate and politic to be named the ....... County Convention Center Authority to be created as a public authority and government instrumentality to have continuing succession until its existence shall be terminated by law. If any part of the convention center facilities constructed by an authority created under this subdivision shall be located within the jurisdictional limits of the county seat of the county, the authority shall be a joint authority of the county and the county seat. If the convention center facilities of an authority shall be located entirely outside the jurisdictional limits of the county seat of the county, the authority may be created solely by the county. The exercise by the authority of the powers conferred by this subdivision is hereby declared to be and shall for all purposes be deemed and held to be the performance of an essential public function.(b) An authority shall be created by an ordinance (or equivalent enactment) adopted by the county or, in the case of a joint authority, ordinances (or equivalent enactments) adopted by the county and the county seat providing that an authority is thereby created under this subdivision and specifying the articles of incorporation of the authority. The articles of incorporation shall be filed by the county with the Secretary of the Commonwealth, who shall issue a certificate of incorporation to the authority. The authority shall be deemed to come into existence on the later of the following dates:(1) the date on which the ordinance is enacted (or, in the case of a joint authority, on the date that the second ordinance is enacted); or(2) such later date as may be specified in the articles of incorporation.(c) Articles of incorporation of an authority may only be amended in the manner specified above for the adoption of articles of incorporation and may not:(1) impair the rights or security of any creditors of the authority or any party contracting with the authority; or(2) be inconsistent with the provisions of this subdivision.(2399.54 added October 18, 2000, P.L.541, No.73)Section 2399.55. Purposes and Powers Generally.--(a) An authority created under this subdivision shall be a public body, corporate and politic, exercising public powers of the Commonwealth as an agency and instrumentality and shall be for the purpose, without limitation, by itself or by agreement in cooperation with others, of acquiring, holding, developing, designing, constructing, improving, maintaining, managing, operating, financing, furnishing, fixturing, equipping, repairing, leasing or subleasing, either in the capacity of lessor or lessee or sublessor or sublessee, and owning convention center facilities, or parts thereof. Such convention center facilities need not comprise a single, integrated complex but may be located at one or more locations within the county and may function independently of one another.(b) The authority is granted all powers necessary or convenient for the carrying out of the purposes in subsection (a), including, without limiting the generality of the foregoing, the following rights and powers:(1) To have continuing succession.(2) To sue and be sued, implead and be impleaded, complain and defend in all courts.(3) To adopt, use and alter at will a corporate seal.(4) To acquire by gift or otherwise, purchase, hold, receive, lease, sublease and use a license, franchise or property, real, personal or mixed, tangible or intangible, or any interest therein, including convention center facilities, or parts thereof, and to assume any obligations associated therewith, including leases, concession agreements, indebtedness and other contractual obligations which the authority deems necessary to accomplish the purpose of this subdivision.(5) To sell, transfer or dispose of property or an interest therein with adequate and fair consideration.(6) To acquire, hold, develop, design, construct, improve, maintain, manage, operate, furnish, fixture, equip, repair, own, lease or sublease convention center facilities, or parts thereof, and to make, enter into and award contracts with any person, association, partnership or corporation for the development, design, financing, construction, improvement, maintenance, operation, management, furnishing, fixturing, equipping and repair of convention center facilities, or parts thereof.(7) To make bylaws for the management and regulation of its affairs and issue rules, regulations and policies in connection with the performance of its functions and duties.(8) To appoint officers, agents, employes and servants, to prescribe their duties and to fix their compensation.(9) To fix, alter, charge and collect rentals, admissions, license fees and other charges.(10) To borrow money for the purpose of paying the costs of a project and to evidence the same; make and issue negotiable bonds of the authority; secure payment of the bonds, or any part thereof, by pledge or deed of trust of all or any of its revenues (including any hotel room rental tax), rentals, receipts and contract rights; make such agreements with the purchasers or holders of the bonds or with other obligees of the authority in connection with the bonds, whether issued or to be issued, as the authority shall deem advisable, which agreements shall constitute contracts with the holders or purchasers; obtain such credit enhancement or liquidity facilities in connection with the bonds as the authority shall determine to be advantageous; and, in general, provide for the security of the bonds and the rights of the bondholders.(11) To make, enter into and award contracts of every name and nature and to execute all instruments necessary or convenient for the carrying out of its business.(12) To borrow money and accept grants and to enter into contracts, leases, subleases, licenses or other transactions with any Federal agency, State public body, political subdivision, person, association, partnership or corporation.(13) To pledge, hypothecate or otherwise encumber its property, real, personal or mixed, tangible or intangible, and its revenues or receipts, including, but not limited to, any interest the authority may have in a lease or sublease of convention center facilities, or parts thereof.(14) To procure such insurance containing such coverages, including, without limitation, insurance covering the timely payment in full of principal of and interest on bonds of the authority, in such amounts, from such insurers, as the authority may determine to be necessary or desirable for its purposes.(15) To invest its money.(16) To cooperate with any Federal agency, State public body or political subdivision.(17) To invest funds held in reserve or sinking funds or funds not required for immediate disbursements as authorized by section 2399.63(d).(18) To appoint all officers, agents and employes required for the performance of its duties and compensation and retain or employ other agents or consultants, including, but not limited to, architects, auditors, engineers, private legal counsel and private consultants, on a contract basis or otherwise for rendering professional or technical services and advice.(19) To enroll its employes in an existing retirement system of the State, county, city or other governmental entity.(20) To appoint and fix the compensation of chief counsel and such assistant counsel to provide it with legal assistance, and the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.(21) To maintain an office in the county seat.(22) To appoint an executive director who shall be the chief executive officer of the authority, who shall devote his full time during business hours to the duties of his office and who shall receive compensation as the board shall determine.(23) To make grants to the county in accordance with the provisions of subsection (e).(24) To do all acts and things necessary or convenient for the promotion of its purposes and the general welfare of the authority and to carry out the powers granted to it by this subdivision or any other act.(c) (1) The authority shall have no power to pledge the credit or taxing powers of a State public body, a political subdivision or the county, nor shall its obligations be deemed obligations of any State public body, a political subdivision or the county, nor shall any State public body, a political subdivision or the county be liable for the payment of principal or interest on such obligations.(2) The authority shall have no power of eminent domain.(d) The authority shall develop and implement an affirmative action plan to assure that all persons are accorded equality of opportunity in employment and contracting by the authority, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers.(e) (1) The authority shall have the power to make grants to the county for the financial support of regional assets located within the county. Any such grants shall be included in the capital budget adopted by the authority pursuant to section 2399.56(a) and may only be made if the authority finds, by resolution adopted by a majority vote of its members, that the making of such grants shall not adversely affect the short-term or long-term capital, operational and/or financial needs of the authority, or otherwise impair the ability of the authority to meet any contractual or legal obligations of the authority, including obligations owed to holders of bonds issued by the authority. Grants made under the authority of this clause:(i) shall not obligate funds of the authority beyond a single fiscal year of the authority;(ii) shall be payable to the county in a single lump sum or in installments during the fiscal year in question, as determined by the authority in its discretion; and(iii) may be rescinded or reduced by the authority if the authority, prior to payment of the grant, determines in its discretion that the then current and/or projected financial needs of the authority require reduction or rescission of the grant.(2) Grants received by the county from the authority under the provisions of clause (1) shall be deposited in a segregated account identified as the regional asset fund. The regional asset fund shall be used by the county solely for the purpose of making grants of financial support to regional assets located within the county in accordance with and subject to the limitations of this subsection. Funds deposited in the regional asset fund shall be invested only in those types of investments in which a county of the third class may invest general funds of the county under applicable law. Earnings on such investments shall become a part of the regional asset fund and may not be used for purposes other than those permitted under this subsection. The county shall not be required to disburse all of the funds in the regional asset fund during a particular fiscal year but may instead accumulate funds within the regional asset fund if the county, in its discretion, determines that the accumulation of such funds, in whole or in part, is appropriate for the effective and efficient long-term funding of regional assets.(3) The county shall have the authority to make grants of financial support for regional assets from the regional asset fund established under clause (2). Grants made by the county from the regional asset fund shall be subject to all of the following terms, conditions and limitations:(i) grants may only be made to:(A) political subdivisions located within the county; and(B) organizations which have been determined by the Internal Revenue Service to be organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) or any successor provision of law;(ii) grants may only be made for the purpose of supporting a specific regional asset located within the county and which is owned by the grantee or for which the grantee has operational and financial responsibility;(iii) grants may only be made pursuant to written grant agreements and executed by authorized officers of the county and the grantee, specifying the terms and conditions of the grant;(iv) the grant agreement shall describe with specificity the purpose for which the grant is being made;(v) the grant agreement shall set forth such other terms and conditions as the county, in its discretion, may prescribe, including requirements with respect to matching funds, continued financial support of the grantee for the regional asset with respect to which the grant is being made, and so forth; and(vi) no grant may obligate funds from the regional asset fund beyond a single twelve-month period.(4) For purposes of this subsection, the term "regional asset" means a civic, recreational, sports or cultural facility (including, but not limited to, zoos, museums and performing arts facilities), function or activity which is owned or provided by a political subdivision or section 501(c)(3) of the Internal Revenue Code of 1986 organization, or with respect to which a political subdivision or section 501(c)(3) of the Internal Revenue Code of 1986 organization has operational and financial responsibility. Notwithstanding the foregoing, the following shall not be considered regional assets:(i) any health care facility;(ii) any institution which predominantly provides elementary, secondary or higher education or other training;(iii) any Federal or State parks;(iv) any airports or public transportation systems or facilities;(v) any libraries;(vi) any paid or volunteer public safety organizations and facilities;(vii) any authority created under this subdivision, and any facilities owned or operated by such an authority; or(viii) any asset which fails to serve a significant number of persons who are not residents of the city, borough or township within which the asset is located.(5) The county shall have the authority to prescribe reasonable rules, regulations and procedures for:(i) the administration of the regional asset fund and the segregated account in which the regional asset fund is deposited;(ii) the making of grants from the regional asset fund; and(iii) the administration of grants made from the regional asset funds.(f) Net revenues received from the sale of rights for the naming or designation of any convention center facility, or portion thereof, shall be allocated in the following manner:(1) Fifty per centum of such revenues shall be distributed to the county for deposit in a segregated account identified as the regional asset fund, to be utilized as provided in subsection (e)(3).(2) Fifty per centum of such revenues shall be retained by the convention center authority established under this subdivision.(g) Subsection (f) shall not apply to a sale of rights occurring prior to the enactment of this subdivision. Revenues from the sale of naming rights for items of a de minimis nature, including, but not limited to, the sale of plaques, individualized bricks or furniture, shall not be subject to allocation under this section.(2399.55 added October 18, 2000, P.L.541, No.73)Section 2399.56. Capital and Operating Budgets.--(a) At least ninety days before the commencing of the ensuing fiscal year of the authority, the board shall cause to be prepared and submitted to it a recommended capital budget. The capital budget shall show in detail the capital expenditures to be made or incurred in the next fiscal year which are to be financed from funds subject to control or appropriation by the board. For each separate purpose, project, facility or other property, there shall be shown the amount and the source of the money that has been spent, encumbered or is intended to be spent or encumbered during the fiscal year. No later than the date of the adoption of the annual operating budget, the board shall by a majority vote of its members adopt a capital budget.(b) At least ninety days before the commencing of the ensuing fiscal year of the authority, the board shall cause to be prepared and submitted to it a recommended operating budget. The operating budget shall be prepared with the aid of the governing bodies of the county and county seat. In the event that the operating budget is not in form and detail satisfactory to the governing body, they may require that the operating budget be redrafted and resubmitted, and the governing body shall not be considered to be in receipt of the operating budget or any amendments unless the form and detail is to the governing body's satisfaction. The operating budget should set forth the estimated receipts and revenues of the authority during the next fiscal year. The board shall, at least thirty days before the end of the fiscal year, adopt by a majority vote of its members an operating budget for the next fiscal year.(2399.56 added October 18, 2000, P.L.541, No.73)Section 2399.57. Purposes and Powers; Bonds.--(a) The bonds of an authority created under this subdivision and authorized to be issued shall be authorized by resolution of the board of the authority and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty years from their respective dates, bear interest at such rate or rates as shall be determined by the board as necessary to issue and sell the authorized bonds, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration, exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption and be entitled to such priorities in the revenues or receipts of the authority as the resolution or resolutions may provide. The bonds shall be signed by or shall bear the facsimile signatures of such officers as the authority shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the authority, and all bonds shall be authenticated by an authenticating agent, fiscal agent or trustee, all as may be prescribed in such resolution or resolutions. The bonds may be issued and delivered notwithstanding that one or more of the officers signing the bonds or the treasurer whose facsimile signature shall be upon the coupon shall have ceased to be such officer or officers at the time when the bonds shall actually be delivered.(b) The bonds may be sold at public sale or private negotiated sale for such price or prices and at such rate of interest as the authority shall determine. Pending the preparation of the definitive bonds, interim receipts may be issued to the purchaser or purchasers of the bonds and may contain such terms and conditions as the authority may determine.(c) The bonds shall have the qualities of negotiable instruments under 13 Pa.C.S. (relating to commercial code).(d) The net proceeds of the issue of bonds or notes may be used to pay the costs of a project or to reimburse costs initially paid by a State public body, the county, another political subdivision, an agency, an organization or a person.(e) (1) Subject to the provisions of the outstanding bonds, notes or other obligations and subject to the provisions of this subdivision, the authority shall have the right and power to refund outstanding debt, in whole or in part, at any time and shall have the right and power to refund outstanding notes with bonds or bonds with notes.(2) As used in this subsection, the term "refund" and its variations means the issuance and sale of obligations the proceeds of which are used or are to be used for the payment or redemption of outstanding obligations upon or prior to maturity.(2399.57 added October 18, 2000, P.L.541, No.73)Section 2399.58. Provisions of Bonds, Trusts, Indentures and Mortgages.--In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds and obligations, the authority, in addition to its other powers, shall have the power to:(1) Pledge all or part of its gross or net revenues to which its right then exists or may thereafter come into existence.(2) Mortgage all or part of its real or personal property then owned or thereafter acquired.(3) Covenant against pledging all or part of its revenues or against mortgaging all or part of its real or personal property to which its right or title exists or may thereafter come into existence or against permitting or suffering a lien on such revenues or property; to covenant with respect to limitations on its right to sell, lease or otherwise dispose of its real property; and to covenant as to what other or additional debts or obligations may be incurred by it.(4) Covenant as to the bonds to be issued and as to the issuance of the bonds, in escrow or otherwise, and as to the use and disposition of the proceeds; to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest; and to redeem the bonds and to covenant for and provide the terms and conditions for their redemption.(5) Covenant as to the amount and the use and disposition of revenues to be raised each year or other period of time by the authority; to create or to authorize the creation of special funds for debt service or other purposes; and to covenant as to the use and disposition of the moneys held in such funds.(6) Prescribe the procedure, if any, by which the terms of a contract with bondholders may be amended or abrogated, the amount of bonds, the holders of which must consent thereto and the manner in which consent may be given.(7) Covenant as to the use of its real or personal property; to warrant its title; and to covenant as to the maintenance and replacement of its real and personal property, the insurance to be carried on the property and the use and disposition of insurance moneys.(8) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation; and to covenant and prescribe in the event of default as to terms and conditions upon which its bonds or obligations shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.(9) Vest in a trustee or the holders of bonds or any proportion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee the right in the event of a default by the authority to take possession and use, operate and manage any real property and to collect the rents and revenues arising therefrom and to dispose of such moneys in accordance with the agreement of the authority with the trustee; to provide for the powers and duties of a trustee and to limit the trustee's liabilities; and to provide the terms and conditions upon which the trustee or the holders of bonds or any proportion of them may enforce covenants or rights securing or relating to the bonds.(10) Obtain letters of credit and bond insurance.(11) Exercise all or any part or combination of the powers granted in this section; to make covenants other than and in addition to the covenants expressly authorized in this section and to make such covenants and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of the authority, as will tend to accomplish the purposes of this subdivision by making the bonds more marketable notwithstanding that such covenants, acts or things may not be specifically enumerated in this section.(2399.58 added October 18, 2000, P.L.541, No.73)Section 2399.59. Remedies of Obligee of Authority.--An obligee of the authority shall have the right, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee:(1) By mandamus, suit, action or proceeding at law or in equity, to compel the authority and its members, officers, agents or employes to perform each and every term, provision and covenant contained in any bond or contract of the authority with or for the benefit of the obligee and to require the carrying out of any or all such covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this subdivision.(2) By proceeding in equity, to obtain an injunction against any acts or things which may be unlawful or the violation of any of the rights of the obligee.(2399.59 added October 18, 2000, P.L.541, No.73)Section 2399.60. Additional Remedies Conferrable by Authority.--(a) The authority shall have power by its resolution, trust, indenture or mortgage to confer upon any obligees holding or representing a specified percentage of bonds the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in the resolution or instrument, by suit, action or proceeding in a court of competent jurisdiction:(1) to obtain the appointment of a receiver of any real property or leasehold interest of the authority and of the rents and profits therefrom. If a receiver be appointed, he may enter and take possession of the real property or any leasehold interest, operate the same and collect and receive all revenues or other income thereafter arising therefrom and shall keep the money in a separate account and apply the same in accordance with the obligations of the authority as the court shall direct; or(2) to require the authority and its members to account as if it and they were the trustees of an express trust.(b) Nothing in this subdivision shall authorize a receiver appointed pursuant to this subdivision for the purpose of operating and maintaining any facilities of the authority to sell, assign, mortgage or otherwise dispose of any of the assets of whatever kind or character belonging to the authority. It is the intention of this subdivision to limit the powers of the receiver to the operation and maintenance of the facilities of the authority as the court shall direct, and no holder or holders of bonds of the authority nor any trustee or other obligee shall ever have the right in any suit, action or proceeding, at law or in equity, to compel a receiver, nor shall any receiver ever be authorized or court be empowered to direct the receiver, to sell, assign, mortgage or otherwise dispose of any assets of whatever kind or character belonging to the authority.(2399.60 added October 18, 2000, P.L.541, No.73)Section 2399.61. Governing Board.--(a) The power of the authority shall be exercised by a governing board composed of eleven members appointed as follows:(1) The mayor or, if there is no mayor, the governing body of the municipality in which the convention center facilities are located shall appoint two members. The term of office of these members shall be four years. The terms of the first two members appointed shall be allocated between them for a two-year and four-year term, respectively. In all cases, the beginning of the term shall be deemed January 1 of the year of appointment, subject to subsection (b).(2) The county council or, if there is no county council, the governing body of the county in which the convention center facilities are located shall appoint seven members. The term of office of these members shall be four years. The terms of the first seven members appointed shall be allocated among them as follows: one one-year term, two two-year terms, two three-year terms and two four-year terms. In all cases, the beginning of the term shall be deemed January 1 of the year of appointment, subject to subsection (b).(3) Two members shall be appointed by the Governor with the advice and consent of a majority of the members of the Senate.(4) (Deleted by amendment).(b) Except as otherwise provided, members shall serve a four-year term from the date of their appointment and until their successors have been appointed and qualified. If a vacancy shall occur by means of the death, disqualification, resignation or removal of a member, subject to the provisions of subsection (a), the appointing authority shall appoint a successor to fill the unexpired term.(c) The members of the board shall not be compensated for their service on the board or for any other position in which they may serve the authority. The authority may reimburse members for reasonable and necessary out-of-pocket expenses incurred by members in carrying out the business of the authority.(d) (1) The members of the board shall select from among themselves a chairman and such other officers as the board may determine. Except as otherwise provided, all actions of the board shall be taken by a vote of at least six members of the board, which shall constitute a majority of the board, unless the bylaws of the authority shall provide for a majority vote by a present quorum of not less than six members in the absence of a full board. The board shall have full authority to manage the properties and business of the authority and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the authority may be conducted and the powers granted to it may be exercised and embodied. Notwithstanding any other law, court decision, precedent or practice to the contrary, no actions by or on behalf of the board shall be taken by an officer of the board or the authority except upon the approval or prior authorization of the board. As used in this subsection, the term "actions by or on behalf of the board" means any action whatsoever of the board, including, but not limited to, the hiring, appointment, removal, transfer, promotion or demotion of any officers and employes, the retention, use or remuneration of advisors, counsel, auditors, architects, engineers or consultants, the initiation of legal action, the making of contracts, leases, agreements, bonds, notes or covenants, the approval of requisitions, purchase orders, investments and reinvestments, and the adoption, amendment, revision or rescission of rules and regulations, orders or other directives.(2) The board shall appoint an executive director, who shall act as the chief executive officer of the authority. The executive director shall not be a member of the board. Notwithstanding the provisions of clause (1), the board may, by bylaw or by resolution, delegate to the executive director the authority and power to carry out the day-to-day operations of the authority and to exercise those powers which are normal, customary and necessary to perform the duties of a chief executive officer.(3) The board may appoint such assistant and other officers, including assistant secretaries and assistant treasurers, as the board determines to be appropriate to carry out the business of the authority. Assistant secretaries and assistant treasurers may be members of the board.(4) The board may appoint one or more deputy executive directors who, to the extent authorized by the board, may exercise the duties and powers of the executive director in the executive director's absence or incapacity or in the event of a vacancy in the office of executive director.(e) Members of the board shall not be liable personally on the bonds or other obligations of the authority, and the rights of creditors shall be solely against the authority. The authority, itself or by contract, shall defend board members, and the authority shall indemnify and hold harmless board members, whether or not currently serving as a member of the authority, against and from any and all personal liabilities, actions, causes of action and claims made against them for whatever actions they perform within the scope of their duties as board members.(2399.61 amended June 27, 2013, P.L.148, No.27) Compiler's Note: See sections 2 and 3 of Act 27 of 2013 in the appendix to this act for special provisions relating to applicability to members appointed under section 2399.61.Section 2399.62. Sovereign Immunity.--It is hereby declared to be the intent of the General Assembly that an authority created pursuant to this subdivision and its officers, officials and employes shall enjoy sovereign and official immunity, as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) and remain immune from suit except as provided by and subject to the provisions of 42 Pa.C.S. §§ 8501 (relating to definitions) through 8528 (relating to limitations on damages). Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.(2399.62 added October 18, 2000, P.L.541, No.73)Section 2399.63. Moneys of Authority.--(a) All moneys of the authority, from whatever source derived, shall be paid to the treasurer of the authority or such other officer or officers of the authority as the authority may designate.(b) The board shall invest authority funds consistent with sound business practice.(c) The board shall provide for an investment program subject to restrictions contained in this subdivision, in any other applicable statute and in rules and regulations adopted by the board.(d) Authorized types of investments for authority funds shall be:(1) Direct obligations of or obligations guaranteed by the United States.(2) A bond, debenture, note, participation certificate or other similar obligation issued by any one or combination of the following agencies: Government National Mortgage Corporation, Federal Land Banks, Federal Home Loan Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Tennessee Valley Authority, United States Postal Service, Farmers Home Administration, Student Loan Marketing Association and Export-Import Bank of the United States.(3) A bond, debenture, note, participation certificate or other similar obligation issued by the Federal National Mortgage Corporation to the extent such obligations are guaranteed by the Government National Mortgage Corporation or issued by another Federal agency and backed by the full faith and credit of the United States.(4) Deposits in interest-bearing time or demand deposits or certificates of deposit fully insured by the Federal Deposit Insurance Corporation or its successors or the Federal Savings and Loan Insurance Corporation or its successors or fully secured by any of the obligations described above to the extent not so insured.(5) Repurchase agreements relating to, or investment agreements secured by or providing for the acquisition of and, if applicable, resale of, obligations described in clauses (1) through (4) or obligations of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association with:(i) banks or trust companies, which may include a banking entity or depository;(ii) brokers or broker-dealers registered under the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. §§ 78a-78jj) acceptable to the authority; or(iii) insurance companies rated A+ or better by Best's and having a net capital and surplus of at least twenty-five million dollars ($25,000,000) or certificates of deposit with banks or trust companies fully secured as to principal and accrued interest by obligations described in clauses (1) through (4) deposited with or subject to the control of the authority.(6) Money market deposit accounts of banks or trust companies having a net capital and surplus of at least twenty-five million dollars ($25,000,000), which may include a banking entity or depository.(7) The description of authorized investments as set forth in clauses (5) and (6) shall be met only if the agreements referenced therein provide for the repayment of the principal amount invested at an amount not less than that so invested. Whenever security is required as set forth in clauses (4) through (6), the security shall be deposited with the treasurer of the authority or be held by a trustee or agent satisfactory to the authority. Moneys of the authority shall be paid out on the warrant or other order of the chairman of the authority or of such other person or persons as the authority may authorize to execute warrants or orders.(e) (1) An authority created under this subdivision shall file an annual report with the Department of Community and Economic Development and with the county and political subdivision constituting the county seat, which shall make provisions for the accounting of revenues and expenses. The authority shall have its books, accounts and records audited annually in accordance with generally accepted auditing standards by an independent auditor who shall be a certified public accountant, and a copy of his audit report shall be attached to and be made a part of the annual report. A concise financial statement shall be published annually in a newspaper of general circulation in the county where the authority is located.(2) An authority created under this subdivision shall, upon request by the county or the political subdivision constituting the county seat, file a report with the requesting entity listing the names of authority employes and the amount of compensation received by each employe, the names of authority independent contractors and the amount of remuneration received by such individuals and the names of any providers of professional services and the value of such contracts for professional services.(f) The Attorney General, Auditor General, Secretary of the Budget and the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and the minority chairman of the Appropriations Committee of the House of Representatives shall have the right to examine the books, accounts and records of the authority.(2399.63 added October 18, 2000, P.L.541, No.73)Section 2399.64. Transfer of Existing Facilities or Funds; Making of Annual Grants and Lease Payments to Authority.--(a) A State public body or political subdivision may and is hereby authorized to sell, lease or sublease from or to, lend, grant, convey or otherwise transfer or pay over to the authority, with or without consideration, convention center facilities, or parts thereof, or an interest in property, real, personal or mixed, tangible or intangible, or any funds available, needed or obligated for development, acquisition, design, maintenance, management, operation, financing, leasing or subleasing, construction or improvement purposes, including the proceeds of bonds previously or hereafter issued for construction or improvement of a convention center, or parts thereof. Property, funds or convention center facilities, or parts thereof, received by the authority may be used for any lawful purpose of the authority. Nothing in this subdivision nor in any other law shall be deemed to make an authority or person a State-supported or State-aided institution under any law of this Commonwealth.(b) The governing bodies of the county and county seat may and are hereby authorized to make grants from current revenues to the authority and to assist in defraying the costs of management, operation, maintenance, financing and debt service of convention center facilities, or parts thereof, and to enter into long-term agreements providing for the payment of the same and to enter into long-term leases or subleases as lessee or sublessee of all or part of convention center facilities, provided that obligations of the county and county seat to make grants, lease or sublease payments to an authority shall not, even if based on debt obligations of an authority, constitute debts of the county and county seat within the meaning of any constitutional or statutory provision and shall be payable only to the extent that current revenues of the county and county seat are available. The county and county seat may issue general obligation bonds for the purpose of obtaining funds for local contributions pertaining to convention center facilities, or parts thereof.(c) The Commonwealth may contribute to the capital costs of constructing a convention center facility by the issuance of Commonwealth bonds and notes pursuant to Chapter 3 of the act of February 9, 1999 (P.L.1, No.1), known as the "Capital Facilities Debt Enabling Act." A convention center project undertaken by the authority is hereby deemed to be a redevelopment assistance project for which capital funds of the Commonwealth may be expended pursuant to the provisions of the act of May 20, 1949 (P.L.1633, No.493), known as the "Housing and Redevelopment Assistance Law," and, notwithstanding any provisions of the "Housing and Redevelopment Assistance Law," the Department of Community and Economic Development is hereby authorized to make capital grants directly to the authority in furtherance of this subdivision.(2399.64 added October 18, 2000, P.L.541, No.73)Section 2399.65. Award of Contracts.--(a) All construction, reconstruction, repairs or work of any nature made by the authority where the entire cost, value or amount of the construction, reconstruction, repairs or work, including labor and materials, shall exceed ten thousand dollars ($10,000), except construction, reconstruction, repairs or work done by employes of the authority or by labor supplied under agreement with any Federal agency, State public body or political subdivision, with supplies and materials purchased as hereinafter provided, shall be done only under contract or contracts to be entered into by the authority with the lowest responsible bidder upon proper terms after due public notice has been given asking for competitive bids as hereinafter provided, but the authority shall have the right to reject any or all bids or select a single item from any bid. No contract shall be entered into for construction or improvement or repair of any project or portion thereof unless the contractor shall provide sufficient surety or sureties approved by the authority and in an amount fixed by the authority for the performance of the contract. All contracts shall provide among other things that the person or corporation entering into the contract with the authority will pay for all materials furnished and services rendered for the performance of the contract and that a person or corporation furnishing materials or rendering services may maintain an action to recover for the same against the obligor in the undertaking as though the person or corporation was named therein provided the action is brought within one year after the time the cause of action accrued. Nothing in this section shall be construed to limit the power of the authority to construct, repair or improve a project or portion thereof or any addition, betterment or extension thereto directly by the officers and employes of the authority. The authority shall award the construction of a convention center according to the provisions of the act of May 1, 1913 (P.L.155, No.104), entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings," and shall be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth procurement code). Nothing in this section or any other law of this Commonwealth shall require the authority to competitively bid architectural design, engineering or other professional services required by the authority.(b) All supplies and materials costing ten thousand dollars ($10,000) or more to be acquired directly by the authority shall be purchased only after due advertisement as hereinafter provided. The authority shall accept the lowest bid or bids from a responsible bidder, kind, quality and material being equal, but the authority shall have the right to reject any or all bids or select a single item from a bid. The provisions as to bidding shall not apply to the purchase of unique supplies and materials or supplies and materials which cannot be obtained in the open market.(c) Nothing in this section or in any other law of this Commonwealth shall preclude the board, with the approval of six members, from negotiating contracts for management, operation, concession services, licensing or leasing of convention center facilities, or any part thereof. The authority shall not award a contract to a manager, operator, concessionaire, licensee, lessee or lessor that exceeds three years in duration unless six members of the board approve the awarding of a contract for a greater period of time.(d) The authority, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers shall not be subject to county or county seat laws, ordinances, rules or regulations relating to limits or preferences with regard to employment, contracting or procurement in the construction and operation of convention center facilities.(e) The authority shall be subject to the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act," the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act," and 62 Pa.C.S. Ch. 37 Subch. B (relating to motor vehicles).(f) As used in this section, the terms "advertisement" or "public notice" mean a notice published at least ten days before the award of a contract in a newspaper of general circulation published in the county, provided that the notice may be waived where the authority determines an emergency exists and supplies and materials must be immediately purchased by the authority.(2399.65 added October 18, 2000, P.L.541, No.73)Section 2399.66. Interests of Public Officers, Public Employes and Party Officers.--(a) (1) No party officer, public officer, public official or public employe shall be employed as a management-level authority employe.(2) No person convicted of an infamous crime shall be employed as a management-level employe by the authority.(b) The provisions of the act of July 19, 1957 (P.L.1017, No.451), known as the "State Adverse Interest Act," and 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) are hereby made specifically applicable to board members, officers and employes of the authority. For the purposes of application of these acts, employes of the authority shall be regarded as public employes of the Commonwealth, and officers or board members of the authority shall be regarded as public officials of the Commonwealth, whether or not they receive compensation. The authority shall also be subject to the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, and to 65 Pa.C.S. Ch. 7 (relating to open meetings).(c) Notwithstanding the provisions of subsection (b), the following prohibitions shall apply to the authority created by this subdivision:(1) No management-level employe or other employe of the authority shall use his position with the authority or confidential information received through his position with the authority to obtain financial gain other than compensation provided by law for himself, a member of his immediate family or a business with which he is associated.(2) No person shall offer or give to a management-level employe or other employe of the board or a member of his immediate family or a business with which he is associated, and no management-level employe or other employe of the board shall solicit or accept, anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on an understanding that the vote, official action or judgment of the management-level employe or other employe of the board would be influenced thereby.(3) No management-level employe or other employe of the board or a member of his immediate family or a business in which the person or a member of the person's immediate family is a director, officer, owner or holder of stock exceeding five per centum of the equity at fair market value of the business shall enter into a contract valued at five hundred dollars ($500) or more to provide goods or services to the authority unless the contract has been awarded to the lowest responsible bidder through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded.(4) No former management-level employe or other former employe of the board shall represent a person, with or without compensation, on any matter before the authority with which he has been associated for one year after he leaves the authority.(5) An individual who is a State, county seat or public officer or public official or party officer, a member of the immediate family of such an individual or a business with which such an individual or immediate family member is associated shall not have a financial interest in a contract valued at five hundred dollars ($500) or more to provide goods or services to the authority either during the time the person holds the office or for two years after the person terminates the office unless the contract is executed pursuant to the provisions of clause (3). For purposes of this clause, the term "financial interest" shall not include employment by, association with or ownership of a business association unless the public officer, public official, party officer or immediate family member owns shares of stock in the corporation or has an ownership interest in a noncorporate business association in an amount in excess of five per centum of the total ownership of the noncorporate business association.(6) No management-level employe or other employe of the board nor an advisor or consultant to the county seat, the county or the State, having recommended to the authority which he serves either the making of a contract relating to a convention center authority or a course of action of which the making of such a contract is an express or implied part, shall, at any time thereafter, have an adverse interest in the contract.(7) No management-level employe or other employe of the authority, the county seat, the county or the State shall influence or attempt to influence the making of or supervise or in any manner deal with a contract with the authority in which he has an adverse interest.(8) No management-level employe or other employe shall have an adverse interest in a contract with an authority.(9) No person having an adverse interest in a contract with the authority shall become a management-level employe or other employe of the authority until the adverse interest shall have been wholly divested.(10) No management-level employe or other employe of the authority, the county seat, the county or the State, except in the performance of his duties as an employe, shall for remuneration, directly or indirectly, represent a person upon a matter pending before the authority.(d) (1) A person who violates this section shall have his employment by the authority immediately terminated by the appropriate person having the power to terminate and shall be liable to the authority to reimburse the authority for all compensation received by him from the authority while employed in violation of subsection (a).(2) A person who violates subsection (c)(1) or (2) commits a felony and shall be sentenced to pay a fine of not more than ten thousand dollars ($10,000) or to imprisonment for not more than five years, or both.(3) A person who violates subsection (c)(3) through (10) commits a misdemeanor and shall be sentenced to pay a fine of not more than one thousand dollars ($1,000) or to imprisonment for not more than one year, or both.(4) A person who obtains financial gain from violating subsection (c), in addition to any other penalty provided by law, shall pay into the accounts of the authority a sum of money equal to three times the financial gain resulting from the violation.(5) A person who violates subsection (c) shall be barred for a period of five years from engaging in any business or contract with the authority, the county seat, the county, the State and all political subdivisions.(6) An employe of the county seat, county, State or any political subdivision or a public officer or public official who violates subsection (c) shall automatically forfeit the office or employment he may then hold.(7) The penalties and sanctions provided by this section shall supersede any similar penalties and sanctions provided by 65 Pa.C.S. Ch. 11 and the "State Adverse Interest Act."(e) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Business" shall mean a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust or any legal entity organized for profit or as a not-for-profit corporation or organization."Business with which he is associated" shall mean a business in which the person or a member of the person's immediate family is a director, officer, owner, employe or holder of stock."Immediate family" shall mean a parent, spouse, child, brother, sister or like relative-in-law."Infamous crime" shall mean a violation and conviction for an offense which would disqualify an individual from holding public office pursuant to section 6 of Article II of the Constitution of Pennsylvania or a conviction for a violation of this section, 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions) or Ch. 47 (relating to bribery and corrupt influence), 49 (relating to falsification and intimidation), 51 (relating to obstructing governmental operations) or 53 (relating to abuse of office) or any other violation of the laws of this Commonwealth for which an individual has been convicted within the preceding ten years and which is classified as a felony, and similar violations of the laws of another state or the Federal Government."Management-level authority employe" shall mean the chairman and members of the board of the authority, counsel employed by the authority, the executive director of the authority and any authority employe with discretionary powers which may affect the outcome of the authority's decision in relation to a private corporation or business or any employe who by virtue of his job function could influence the outcome of the decision."Party officer" shall mean the following members or officers of a political party:(1) a member of a national committee;(2) a chairman, vice chairman, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee;(3) a city chairman or vice chairman or counsel, secretary or treasurer of a city committee; or(4) a county chairman or vice chairman or counsel, secretary or treasurer of a county committee."Person" shall mean a business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons."Public employe" shall mean an individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonministerial nature with regard to:(1) contracting or procurement;(2) administering or monitoring grants or subsidies;(3) planning or zoning;(4) inspecting, licensing, regulating or auditing any person; or(5) any other activity where the official action has an economic impact of greater than a de minimis nature on the interest of any person.A public employe shall not include individuals who are independent contractors or persons who are employed by the State or a political subdivision in teaching, as distinguished from administrative duties."Public officer" shall mean a person elected to any public office of the Commonwealth or a political subdivision."Public official" shall mean an elected or appointed official in the executive, legislative or judicial branch of the State or a political subdivision, provided that it shall not include members of advisory boards that have no authority to expend public funds other than reimbursement for personal expense or to otherwise exercise the power of the State or a political subdivision. The term shall not include an appointed official who receives no compensation other than reimbursement for actual expenses.(2399.66 added October 18, 2000, P.L.541, No.73) Compiler's Note: The act of 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.Section 2399.67. Use and Operation of Convention Center Facilities.--The use and operation of convention center facilities, and all parts thereof, and the operation of the business of the authority shall be subject to the rules and regulations from time to time adopted by the authority, provided, however, that the authority shall not be authorized to do anything which will impair the security of the obligees of the authority or violate any agreements with them or for their benefit or violate any contracts, leases or other agreements awarded, made or entered into by the authority.(2399.67 added October 18, 2000, P.L.541, No.73)Section 2399.68. Limitation of Powers.--(a) The Commonwealth does hereby pledge to and agree with any person, the county, county seat, political subdivision or Federal agency subscribing to or acquiring the bonds to be issued by the authority for the construction or improvement of a convention center facility, or parts thereof, that the Commonwealth will not limit or alter the rights hereby vested in the authority in any manner inconsistent with the obligations to the bondholders until all bonds at any time issued, together with the interest, are fully paid and discharged. The Commonwealth does further pledge to and agree with any Federal agency that in the event that the Federal agency shall construct or contribute funds for the construction or improvement of a convention center facility, or parts thereof, that the Commonwealth will not alter or limit the rights and powers of the authority in any manner which would be inconsistent with the due performance of any agreements between the authority and the Federal agency.(b) The Commonwealth does hereby pledge to and agree with any person who as owner leases or subleases a convention center facility, or parts thereof, to or from an authority created pursuant to this subdivision that the Commonwealth will not limit or alter the rights and powers hereby vested in the authority or otherwise created by this subdivision in any manner which impairs the obligations of the authority until all obligations of the authority under the lease or sublease are fully met and discharged.(2399.68 added October 18, 2000, P.L.541, No.73)Section 2399.69. Exemption from Taxation.--The effectuation of the authorized purposes of authorities created under this subdivision shall and will be in all respects for the benefit of the people of this Commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and since authorities, as public instrumentalities of the Commonwealth, will be performing essential governmental functions in effectuating these purposes, the authorities shall not be required to pay any taxes or assessments upon a convention center facility, or parts thereof, or property acquired or used or permitted to be used by them for these purposes; and the bonds issued by any authority, their transfer and the income from the bonds, including any profits made on the sale of the bonds, shall at all times be free from State and local taxation within this Commonwealth. This exemption shall not extend to gift, estate, succession or inheritance taxes or any other taxes not levied directly on the bonds, their transfer or the income from or the realization of profits on the sale of the bonds.(2399.69 added October 18, 2000, P.L.541, No.73)Section 2399.70. Lease by Authorities.--A convention center facility, or part thereof, may be leased or subleased by the authority to and from the county or county seat, and the county or county seat is hereby empowered to enter into leases, subleases, or both, for this purpose. A lease or sublease may be made for a specified or unlimited time and on any terms and conditions which may be approved by the county or county seat and which may be agreed to by the authority in conformity with its contracts with the holders of any bonds.(2399.70 added October 18, 2000, P.L.541, No.73)Section 2399.71. Cooperation.--(a) For the purpose of aiding and cooperating with the authority and in the planning, acquisition, clearance, relocation, development, design, construction, rehabilitation, leasing, subleasing, alteration, expansion, financing, improvement, management or operation of a convention center facility, or parts thereof, any State public body or political subdivision or the county or county seat may, upon such terms, with or without consideration, as it may determine:(1) Dedicate, sell, convey, lease or otherwise transfer property or any interest therein, real, personal or mixed, tangible or intangible, to the authority.(2) Cause parking, recreational or community facilities or any other works, which it is otherwise empowered to undertake, to be furnished in or adjacent to any area selected for a convention center facility, or parts thereof.(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered so to do.(4) Enter into agreements, extending over any period, with the authority or with the Federal Government respecting action to be taken by a State public body pursuant to the powers granted by this section.(5) Do any and all things necessary or convenient to aid and cooperate in the development, acquisition, design, construction, improvement, maintenance, management, operation, furnishing, fixturing, equipping, repairing, financing, owning, leasing and subleasing of a convention center facility, or parts thereof.(6) In connection with public improvements made by a State public body, political subdivision, county or the county seat, in exercising the powers herein granted, a State public body or political subdivision or the county or county seat may incur the entire expense.(7) The Secretary of General Services is authorized, with the approval of the Governor and Attorney General, to execute and deliver, on behalf of the Commonwealth, conveyances, deeds and leases authorized under this subdivision.(b) In connection with a convention center facility, or parts thereof, the county or county seat may contract with the authority or the Federal Government with respect to sums which the authority or the Federal Government may agree to pay during any year or period of years to the county or county seat for the improvements, services and facilities to be provided by it for the benefit of the authority, convention center facility, or parts thereof, or the persons occupying the area. However, the absence of a contract for these payments shall in no way relieve the county or county seat from the duty to furnish for the benefit of the authority, convention center facility, or parts thereof, or the persons occupying the area, customary improvements and such services and facilities as the county or county seat usually furnishes without a service fee.(c) The county, county seat or State may by written agreement designate the authority as its agent within the authority's field of operation to perform any specified activity or to administer any specified program which the State, county or county seat is authorized by law to do. However, any such activities or programs shall be in furtherance of the public purposes specified in this subdivision. These activities may include, without being limited to, development, acquisition, design, construction, improvement, maintenance, leasing, management or operation of a convention center facility, or parts thereof.(d) The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.(2399.71 added October 18, 2000, P.L.541, No.73)Section 2399.72. Hotel Room Rental Tax.--(a) The county in which the authority's convention center facilities are located or are to be located is hereby authorized to impose an excise tax on the consideration received by each operator of a hotel within the market area 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 and shall be known as the Hotel Room Rental Tax.(b) The rate of tax imposed under this section by the county in which the authority's convention center facilities are located shall not exceed seven per centum. ((b) amended Oct. 8, 2012, P.L.1191, No.145)(c) Subject to the deduction of the administrative fee authorized by subsection (i), the revenues shall be distributed as follows:(1) The revenues from the special funds required under subsection (d) attributable to the levy of the first five per centum of the tax shall be distributed as follows:(i) Eighty per centum shall be deposited within two working days in the special fund required under subsection (d) for the use of the authority for authority purposes.(ii) Twenty per centum shall be deposited within two working days in the tourist promotion agency fund required under subsection (d) until disbursed as provided in subsection (g).(2) The revenues from the special fund attributable to the levy of the remaining two per centum of the tax shall be deposited in the tourist promotion agency fund required under subsection (d) until disbursed pursuant to subsection (g).((c) amended Oct. 8, 2012, P.L.1191, No.145)(d) The treasurer of each county electing to impose the tax authorized under this section is hereby directed to collect the tax and subject to the deduction of the administrative fee authorized by subsection (i):(1) to deposit eighty per centum of the revenues attributable to the levy of the first five per centum of the tax in a special fund established for the purposes set forth in this section;(2) to deposit twenty per centum of the revenues attributable to the levy of the first five per centum of the tax in the tourist promotion agency fund until disbursed pursuant to subsection (g); and(3) to deposit the revenues attributable to the levy of the remaining two per centum of the tax in the tourist promotion agency fund until disbursed pursuant to subsection (g).Interest on moneys deposited in the funds shall accrue proportionately to the respective funds as provided in this section. The treasurer is hereby authorized to establish rules and regulations concerning the collection of the tax, which collection shall occur not more often than monthly nor less often than quarterly.((d) amended Oct. 8, 2012, P.L.1191, No.145)(e) The authority shall have the right to draw upon the special fund established pursuant to subsection (d) for the authority. Expenditures from the special fund shall be used by the authority for the following purposes:(1) Projected annual debt service or lease payments of the convention center authority.(2) Costs associated with financing, constructing, expanding, improving, maintaining, furnishing, fixturing and equipping convention center facilities.(3) Costs associated with the development of convention center facilities, including, but not limited to, design, engineering and feasibility costs.(4) Costs associated with the operation and management of convention center facilities.(5) Costs associated with promoting, marketing and otherwise encouraging use of the convention center facilities.(6) General purposes of the authority.(7) Grants authorized under section 2399.55(e).(f) If and to the extent that the authority pledges its share of the proceeds of the tax authorized by this section as security for the payment of bonds issued by the authority for convention center purposes:(1) the Commonwealth does hereby pledge to and agree with any person, firm or corporation subscribing to or acquiring bonds to be issued by the authority for convention center purposes that the Commonwealth itself will not, nor will it authorize a county to, reduce the rate of tax imposed for convention center purposes until all bonds so secured by the pledge of the authority, together with interest, are fully met and discharged; and(2) the county may not reduce the rate of tax imposed for convention center purposes until all bonds so secured by the pledge of the authority, together with interest, are fully met and discharged.(g) Revenues received from the tax deposited into the tourist promotion agency fund required under subsection (d) shall be disbursed by each county to the tourist promotion agency within ten days of receipt thereof.(h) Each tax year for any tax imposed hereunder shall run concurrently with the county's fiscal year.(h.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. ((h.1) added July 5, 2005, P.L.38, No.12)(h.2) Notwithstanding any provision of law to the contrary, in counties of the third class having a population under the 1990 Federal Decennial Census in excess of 415,000 residents but less than 500,000 residents, a penalty of one and one-half per centum per month shall be imposed for failure to timely remit the tax authorized by this section. In addition to other remedies available for collection of debts, the county may also file a lien upon the hotel in the name of and for the use of the county as provided by law for municipal claims. ((h.2) added July 5, 2005, P.L.38, No.12)(i) For purposes of defraying the costs of collecting the tax imposed hereunder and otherwise performing its obligations under this subdivision, the county is hereby authorized to deduct and retain an administrative fee from the taxes collected hereunder. Such administrative fee shall be established by the county but shall not exceed in any tax year the lesser of:(1) two per centum of all taxes collected hereunder; or(2) forty thousand dollars ($40,000), which amount shall be adjusted biannually, beginning two years after the date of enactment, by the percentage growth in the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor.(j) The county shall have the authority to prescribe such rules and regulations as the county determines are appropriate to administer the provisions of this subsection.(k) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:"Consideration" shall mean 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."Convention center" or "convention center facility" shall mean any land, improvement, structure, building, or part thereof, or property interest therein, whether owned by or leased by or to or otherwise acquired by an authority, appropriate for any of the following: large public assemblies, the holding of conventions, conferences, trade exhibitions and other business, social, cultural, scientific, sports, recreational, artistic and public interest events, performances and exhibitions, and all facilities, furniture, fixtures and equipment necessary or incident thereto, including hotels, meeting rooms, dining rooms, kitchens, ballrooms, reception areas, registration and prefunction areas, locker rooms, practice areas and equipment, training areas and equipment, truck loading areas, including access thereto, accessways, including, but not limited to, tunnels, overhead walkways, escalators, elevators and other connections to nearby or adjoining buildings or facilities, regardless of whether such buildings or facilities constitute convention center facilities or are owned or controlled by the authority, common areas, lobbies, offices and areas appurtenant to any of the preceding, and also including other land, buildings, structures or facilities for use or planned for use in conjunction with the foregoing, including, but not limited to, landscaping, buffer areas, off-street parking, retail areas and other improvements related to a convention center facility owned by or leased by or to an authority, regardless of whether such improvements are for the purpose of producing revenues to assist in defraying the costs or expenses of such convention center facility.(Def. amended Nov. 29, 2004, P.L.1275, No.155)"Hotel" shall mean a hotel, motel, inn, guesthouse or other building or complex of buildings located within the market area which holds itself out by any means, including advertising, license, registration with an innkeeper's 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. The term includes a place which advertises to the public at large or a segment of the public that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large. The term also includes a place recognized as a hostelry, provided that portions of a facility which are devoted to persons who have established permanent residence shall not be included in this definition. The term does not include a bed and breakfast homestead or inn as defined in the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law."Market area" shall mean:(1) With respect to a county in which there is more than one city of the third class, the entire county.(2) With respect to a county in which there is only one city of the third class, one of the following, as selected by the governing body of the county:(i) That city and the area within the county which is not more than fifteen miles from the city limits of the county seat.(ii) That city and the area within the county which, as determined by the governing body of the county imposing the tax, derives a material benefit from the existence of the convention center within the county. The owner of a hotel affected by a determination by the governing body under this subparagraph may challenge the determination by filing a petition in the court of common pleas in the judicial district where the determination was made."Occupancy" shall mean the use or possession or the right to the use or possession by a 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."Operator" shall mean 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 hotel to the public for consideration."Patron" shall mean any person who pays the consideration for the occupancy of a room or rooms in a hotel."Permanent resident" shall mean 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" shall mean 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 accommodations provided therein."Temporary" shall mean a period of time not exceeding thirty consecutive days."Tourist promotion agency" shall mean the agency designated by the governing body of a county or county seat in which the convention center facilities are located to be eligible for grants from the Department of Community and Economic Development pursuant to the act of July 4, 2008 (P.L.621, No.50), known as the "Tourism Promotion Act." (Def. amended Oct. 8, 2012, P.L.1191, No.145)"Transaction" shall mean 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" shall mean an individual 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."Treasurer" shall mean the elected treasurer of the county or, if there is no elected treasurer of the county, such other official or agent of the county as may be designated by the county to collect and account for the tax authorized by this section.(2399.72 added October 18, 2000, P.L.541, No.73)Section 2399.73. Construction.--Nothing in this subdivision shall be construed to limit any action taken under subdivision (n).(2399.73 added Oct. 18, 2000, P.L.541, No.73) ARTICLE XXIVEMINENT DOMAIN AND INJURY TO PROPERTY(Art. XXIV repealed Oct. 24, 2018, P.L.931, No.154) Section 2401. Eminent Domain; County May Enter Upon Land; Etc.--(2401 repealed Oct. 24, 2018, P.L.931, No.154)Section 2402. Certain Property Not to be Taken by Eminent Domain.--(2402 repealed Oct. 24, 2018, P.L.931, No.154)Section 2403. Right to Entry to Make Preliminary Surveys.--(2403 repealed Oct. 24, 2018, P.L.931, No.154)Section 2404. Right of Damages.--(2404 repealed Oct. 24, 2018, P.L.931, No.154)Section 2405. Agreement of Damages.--(2405 repealed Oct. 24, 2018, P.L.931, No.154)Section 2406. County to Furnish Bond When Immediate Possession Is Desired; Notice.--(2406 repealed Oct. 24, 2018, P.L.931, No.154)Section 2407. Writ of Habere Facias Possessionem to Issue.--(2407 repealed Oct. 24, 2018, P.L.931, No.154)Section 2408. Appointment of Viewers.--(2408 repealed Oct. 24, 2018, P.L.931, No.154)Section 2409. Time of Appointment of Viewers; Cost.--(2409 repealed Oct. 24, 2018, P.L.931, No.154)Section 2410. Petition for Appointment of Viewers to Specify Liens on Property.--(2410 repealed Oct. 24, 2018, P.L.931, No.154)Section 2411. Testimony and Evidence Concerning Liens.--(2411 repealed Oct. 24, 2018, P.L.931, No.154)Section 2412. Procedure; Rights and Liabilities Where Liens Exist.--(2412 repealed Oct. 24, 2018, P.L.931, No.154)Section 2413. Proceedings by and Before Viewers.--(2413 repealed Oct. 24, 2018, P.L.931, No.154)Section 2414. Notice of Meeting.--(2414 repealed Oct. 24, 2018, P.L.931, No.154)Section 2415. Plans of Properties Condemned to be Furnished to Viewers.--(2415 repealed Oct. 24, 2018, P.L.931, No.154)Section 2416. Report to Court.--(2416 repealed Oct. 24, 2018, P.L.931, No.154)Section 2417. Certain Testimony Authorized.--(2417 repealed Oct. 24, 2018, P.L.931, No.154)Section 2418. Value of Property.--(2418 repealed Oct. 24, 2018, P.L.931, No.154)Section 2419. Unlawful Assessments.--(2419 repealed Oct. 24, 2018, P.L.931, No.154)Section 2420. Vacation of Road When No Property is Taken.--(2420 repealed Oct. 24, 2018, P.L.931, No.154)Section 2421. Procedure When Building is on Line of Proposed Road.--(2421 repealed Oct. 24, 2018, P.L.931, No.154)Section 2422. Time Limit for Report of Viewers.--(2422 repealed Oct. 24, 2018, P.L.931, No.154)Section 2423. Exceptions to Report.--(2423 repealed Jun. 3, 1971, P.L.118, No.6)Section 2424. Demand for Jury Trial.--(2424 repealed Jun. 3, 1971, P.L.118, No.6)Section 2425. Payment of Damages and Costs; Interest on Awards.--(2425 repealed Oct. 24, 2018, P.L.931, No.154)Section 2426. Collection of Awards.--(2426 repealed Oct. 24, 2018, P.L.931, No.154)Section 2427. Title to Vest upon Payment of Award.--(2427 repealed Oct. 24, 2018, P.L.931, No.154)Section 2428. Money to be Paid Into Court in Case of Adverse Claims.--(2428 repealed Oct. 24, 2018, P.L.931, No.154)Section 2429. Appeals by Adverse Claimants.--(2429 repealed Oct. 24, 2018, P.L.931, No.154)Section 2430. Payment into Court When Award is Refused or When Parties Cannot be Found.--(2430 repealed Oct. 24, 2018, P.L.931, No.154)Section 2431. Notice to Vacate; Ejectment.--(2431 repealed Oct. 24, 2018, P.L.931, No.154)Section 2432. Appropriations of Right of Way or Easement.--(2432 repealed Oct. 24, 2018, P.L.931, No.154)Section 2433. Discontinuance of Proceedings by County.--(2433 repealed Oct. 24, 2018, P.L.931, No.154) ARTICLE XXIV-AEMINENT DOMAIN AND INJURY TO PROPERTY(Art. XXIV-A added Oct. 24, 2018, P.L.931, No.154) Section 2401-A. Exercise of eminent domain.A county may enter upon, appropriate, injure or destroy private lands, property or material, or lands previously granted or dedicated to public use that are no longer used for the purpose for which the lands were granted, according to the proceedings set forth in 26 Pa.C.S. (relating to eminent domain), for any purpose conferred upon the county by law.(2401-A added Oct. 24, 2018, P.L.931, No.154)Section 2402-A. Restrictions as to certain property.(a) Prohibition.--Except as provided in subsection (b), no land or property used for a cemetery, burying ground or place of public worship may be taken or appropriated by virtue of a power contained in this article.(b) Exception for certain counties.--The prohibition in subsection (a) shall not apply in the case of a county of the second class A where the land or property is taken or appropriated according to the provisions of the act of May 12, 1887 (P.L.96, No.47), entitled "A supplement to an act, entitled 'An act supplementary to an act relative to burial grounds and cemeteries situated in incorporated boroughs,' approved the nineteenth day of May, one thousand eight hundred and seventy-four, changing the title of said act, and authorizing the court to make orders and decrees required by the act, and to enforce the same by process, approved the thirteenth day of May, eighteen hundred and seventy-six, further empowering courts to direct removal of remains in boroughs, cities, and towns from burial grounds where interments have ceased or have become so neglected as to become a public nuisance, or such remains interfere with the improvements, extensions, and interests of such cities, boroughs, or towns."(c) Restrictions as to railroad property.--In the case of counties of the third through eighth classes, the right-of-way of a railroad company shall not be acquired or occupied without the consent of the company owning or operating or in possession of the property.(2402-A added Oct. 24, 2018, P.L.931, No.154)Section 2403-A. Declaration of intention.A county shall declare its intention to acquire, enter upon, take, use and appropriate any private property or land for any of the purposes authorized by this article through a duly enacted ordinance.(2403-A added Oct. 24, 2018, P.L.931, No.154)Section 2404-A. Application of 26 Pa.C.S.Eminent domain proceedings must conform to the provisions of 26 Pa.C.S. (relating to eminent domain), including payment of damages and costs.(2404-A added Oct. 24, 2018, P.L.931, No.154) ARTICLE XXVRECREATION PLACES Section 2501. Acquisition of Land and Buildings for Recreation Places.--(a) The county commissioners may designate and set apart for use as recreation places or for the enlarging or extending of recreation places, any lands or buildings owned by such county and not dedicated or devoted to other public use.(b) The county commissioners may also acquire lands or buildings, by gift or purchase, or may lease lands for use as, or the extension or enlargement of, recreation places.(b.1) The county commissioners may, in accordance with the provisions of this act and 26 Pa.C.S. (relating to eminent domain):(1) In counties of the third through eighth class, acquire private property by the power of eminent domain for use as, or the extension or enlargement of, recreation places.(2) In counties of the second class A, acquire private property for the purpose of establishing, making, enlarging, extending, operating and maintaining public parks and multiuse recreational trails within the limits of the county.(c) The power to acquire lands or buildings, by gift or purchase, shall not extend beyond the limits of the particular county, except upon the consent of the adjoining county and municipal corporation which would be affected thereby.(d) A county may exercise the powers granted in this article jointly with any political subdivision.(2501 amended Oct. 24, 2018, P.L.931, No.154)Section 2502. Construction, Equipment and Maintenance; General Powers.--The county commissioners of any county may build, alter, extend, enlarge, manage, supervise, equip, ornament, operate and maintain recreation places, and may vest their authority to do so in any existing body or board, or in a park board, recreation board or fair board, any of which may be established by the county commissioners for any or all of the aforesaid purposes, functions and places as the county commissioners may determine. For the purpose of carrying out the provisions of this article, the county commissioners, or any body or board vested with their authority, may employ play leaders, recreation directors, supervisors, superintendents or any other officers or employes, as they deem proper. The number and salary thereof to the extent that such salary is paid from the funds of the county shall be determined by the salary board. All such recreation places shall be kept in good order and repair.(2502 amended Oct. 24, 2018, P.L.931, No.154)Section 2503. Fair, Park and Recreation Boards.--The county commissioners may establish a fair board, park board or recreation board, which shall possess all the powers and be subject to all the responsibilities of the county commissioners in the management, supervision, operation and maintenance of such recreation places. Any board shall consist of a minimum of five persons and a maximum of nine persons. The members of such boards shall be appointed by the commissioners for a term to extend no longer than five years and the terms of the members shall be staggered in such a manner that at least one expires annually. Members of such board shall serve without pay. Vacancies in such board occurring otherwise than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments.(2503 amended Oct. 24, 2018, P.L.931, No.154)Section 2504. Officers of Board.--The members of a fair board, park board or recreation board shall elect their own chairman and secretary and select all other necessary officers, to serve for a period of one year, and may, with the consent and approval of the county commissioners, employ such persons as may be needed, as provided by this article. Such boards shall have power to adopt rules and regulations for the conduct of all business within their jurisdiction.(2504 amended Oct. 24, 2018, P.L.931, No.154)Section 2505. Joint Action.--(2505 repealed Oct. 24, 2018, P.L.931, No.154)Section 2506. Indebtedness.--The county commissioners may issue bonds, in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), for the purpose of acquiring lands or buildings for recreation places and for the construction, extension, enlargement, alteration or equipment thereof.(2506 amended Oct. 24, 2018, P.L.931, No.154)Section 2507. Payment of Expenses; Taxation; Annual Fairs; State Contributions.--(a) All expenses incurred in the operation of recreation places, established as herein provided, shall be payable from the treasury of the county. The county commissioners may annually appropriate and cause to be raised by taxation funds for any or all of the purposes authorized in this article, including debt service upon bond issues authorized herein. In counties of the second class A, the amount of the tax may not exceed two mills on the dollar of the assessed valuation of taxable property in the county.(b) The county commissioners or the fair board, if there be one, may provide for and hold an annual fair or agricultural exhibition on county fairgrounds, and may accept aid or contributions from the Commonwealth under any act for the payment of premiums at any such fair or exhibition.(2507 amended Oct. 24, 2018, P.L.931, No.154)Section 2508. Park Buildings.--The county commissioners shall have exclusive power to lease all houses, cottages and buildings within the park limits which may be let without prejudice to the interest and purposes of the park, and to collect the rents and other considerations, including license fees provided therefor.(2508 amended Oct. 24, 2018, P.L.931, No.154)Section 2509. Use of Receipts.--All rents, license charges and fees, all fines, proceeds of sales, and profits of whatsoever kind, to be collected, received, or realized from recreation places and buildings in any county, shall be paid into the county treasury. Moneys or property given or bequeathed to the county commissioners upon specified trusts shall be received and receipted for by the county treasurer and held and applied according to the trusts specified.(2509 amended Oct. 24, 2018, P.L.931, No.154)Section 2510. Damages; Forfeiture of Leases; Penalties.--(a) Any person violating any rules and regulations adopted for recreation places shall be liable to the full extent of any damage by him of her committed, in trespass or other action, and any tenant or licensed party who shall violate any rules and regulations, or consent to or permit the same to be violated on the premises, shall forfeit the lease or license and shall be liable to be forthwith removed by a vote of the county commissioners. Every lease and license shall contain a clause making it cause of forfeiture for the lessee or party licensed to violate or permit or suffer any violation of any such rules and regulations.(b) In counties of the second class A, the violation of any rules or regulations of the county commissioners for the government of public parks shall constitute a summary offense.(2510 amended Oct. 24, 2018, P.L.931, No.154)Section 2511. Employes; Police.--(a) For the purpose of performing all necessary duties relating to the establishing, making, enlarging, extending and maintaining public parks, buildings and other county-owned properties and for enforcing the rules and regulations ordained or resolved by the county commissioners or by any body or board of control where no penalty or fine is involved, the county commissioners of the county are hereby authorized to employ or appoint and equip proper persons, in such numbers and at such compensation as may be authorized by the salary board, to do all necessary and proper work connected therewith, including police or guard duty.(b) The board of commissioners of any county of the third class that is contiguous to a county of the second class may, by ordinance, create or disband a county park police force within the county. When such a county park police force is created in accordance herewith, the county commissioners shall have power to employ the number of officers as may be fixed by the salary board of the county. The compensation of the county park police officers shall be paid by the county.(2511 amended Oct. 24, 2018, P.L.931, No.154)Section 2512. Duty of Police.--(a) It shall be the duty of the police, county park police or guards appointed to duty in any recreation places, buildings and other county-owned properties, without warrant, forthwith to arrest any offender against the rules and regulations, ordained or resolved by the county commissioners, that they may detect in the commission of such offense, and to take the person so arrested forthwith before a magisterial district judge having competent jurisdiction. ((a) amended Oct. 24, 2018, P.L.931, No.154)(b) In the ordinance creating a county park police force, the county commissioners shall designate a primary jurisdictional area upon which the county park police officers shall have jurisdiction and which shall include only property owned, leased or controlled by the county, by a county municipal authority, county redevelopment authority, county industrial development authority or agency, or county airport authority, or by a community college of which the county is a local sponsor, whether such property is within or outside the territorial limits of the county. A county road, street or highway shall not be designated or considered as a primary jurisdictional area unless it is located within the boundaries of a geographical area otherwise designated by ordinance as a primary jurisdictional area pursuant to this section.(c) County park police shall have the power and their duty shall be:(1) to enforce good order and protect the grounds and buildings within a primary jurisdictional area;(2) to exclude all disorderly persons from the grounds and buildings within a primary jurisdictional area;(3) to exercise the same powers as are now or may hereafter be exercised under authority of law or ordinance by the police of the municipalities wherein the primary jurisdictional area is located, including, but not limited to, those powers conferred pursuant to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal police jurisdiction);(4) to prevent crime, investigate criminal acts, apprehend, arrest and charge criminal offenders and issue summary citations for acts committed on the grounds and in the buildings of the primary jurisdictional area and carry the offender before the proper authority and prefer charges against the offender under the laws of this Commonwealth. Except when acting pursuant to 42 Pa.C.S. Ch. 89 Subch. D, county park police shall exercise these powers and perform these duties only on the grounds of the primary jurisdictional area;(5) to order off the grounds and out of the buildings within the primary jurisdictional area all vagrants, loafers, trespassers and persons under the influence of liquor and, if necessary, remove them by force and, in case of resistance, carry such offenders before the proper authority; and(6) to arrest any person who damages, mutilates or destroys the trees, plants, shrubbery, turf, grass plots, benches, buildings and structures or commits any other offense on the grounds and in the buildings within the primary jurisdictional area and carry the offender before the proper authority and prefer charges against the offender under the laws of this Commonwealth.(d) The county commissioners shall designate, from the county park police officers, the chief and such other ranks or classifications of officers as desired by the county commissioners.(2512 amended Nov. 29, 2004, P.L.1275, No.155) Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.Section 2513. Property Held in Trust.--(a) Where the owner or owners of any real property, with or without improvements thereon, adapted to the use or purpose of public agriculture fairs or exhibits are willing to convey or devise said real property to the county wherein located, to be held in trust for the citizens and inhabitants of the county, the county commissioners may take title thereto and hold such real property in trust for the benefit of the citizens and inhabitants of the county.(b) The county commissioners may receive and accept contributions in buildings or materials for additional improvements on the real property conveyed or devised and held in trust.(c) The county commissioners may lease real property acquired under this section to any incorporated agriculture association willing and financially able to manage the premises, on condition that the premises will be used annually for agriculture fairs and exhibitions without any liability on the part of the county and with no expense to the county. Upon failure of any lessee to comply with terms of any lease, the county shall retake possession of the leased property.(d) If, for a period of five years, no public use of the real property as contemplated by the grant or gift to the county is made, it may be sold on petition to the court of common pleas as provided by this act for the sale of county real property.(2513 amended Oct. 24, 2018, P.L.931, No.154)Section 2514. Contributions for Additional Improvements.--(2514 repealed Oct. 24, 2018, P.L.931, No.154)Section 2515. Leases for Agricultural Fairs.--(2515 repealed Oct. 24, 2018, P.L.931, No.154)Section 2516. Power of Sale.--(2516 repealed Oct. 24, 2018, P.L.931, No.154)Section 2517. Appropriations to Political Subdivisions for Recreation Places.--The board of commissioners, in counties of the third through eighth class, may appropriate moneys from the county treasury to aid municipal corporations in the purchase, construction, operation and maintenance of recreation places.(2517 amended Oct. 24, 2018, P.L.931, No.154) ARTICLE XXVIBRIDGES, VIADUCTS AND CULVERTS (a) General Authority and Procedures forProviding Bridges Section 2601. Authority to Provide Bridges, Viaducts and Culverts; Definitions; Application of Article.--(a) The commissioners of any county may locate, lay out, open, construct, reconstruct, widen, straighten, extend, otherwise alter, replace, remove and in all other respects provide for bridges and viaducts over streams and other topographical impediments to public traffic, as parts or adjuncts of the roads within the county for vehicles and pedestrians or for pedestrians only, and culverts within the county or partly within and partly without the county, in accordance with this article. The provisions of this article shall apply equally to all necessary approaches, abutments, slopes, walls, embankments, fills, piers and other things pertaining to bridges, viaducts and culverts as to the bridges, viaducts and culverts themselves.(b) As used in this article "streams" include streams, rivers, creeks, ponds, lakes and all other such natural waters; "road" includes roads, streets, highways, lanes, alleys and all other such public thoroughfares; and "bridge" shall for the purpose of convenience include the bridges, provided for in this article, and also the viaducts and culverts and all things pertaining to such bridges, viaducts and culverts wherever such meanings may reasonably be intended.(c) The provisions of this article shall not apply to any matters relating to such county bridges, viaducts or culverts to the extent they are covered by the provisions of the State Highway Law, or of any other law vesting in the Secretary or Department of Transportation and the various counties of the Commonwealth, rights, powers and duties. The terms of the foregoing limitation shall apply as well in the case of the Public Utility Law and the Public Utility Commission.(d) No county of the third through eighth class shall, in the exercise of any authority or duty conferred in this article, enter upon any road or property of any city or borough of, or adjacent to the county, or act in derogation of the lawful authority of any such political subdivision, except with the proper consent of such political subdivision.(e) No bridge provided for by this article shall obstruct any canal or railroad, and nothing in this article shall be deemed to release any railroad or other public utility from the requirements of existing law.(2601 amended Oct. 24, 2018, P.L.931, No.154)Section 2602. Maintenance and Repairs.--Every county bridge provided for by this article shall be maintained and kept in repair by the county or counties involved, except as may be otherwise provided by agreements between or among such county or counties and other political subdivisions or other persons as to the costs of such maintenance and repairs.Section 2603. Acquisition of Real Property.--In the exercise of the authority hereinbefore granted by this article, the county commissioners may purchase in accordance with the provisions of this act, take by gift, or acquire by the power of eminent domain, real property of all kinds whether devoted to a private or a public use in the manner provided by law.Section 2604. Plans and Surveys for Bridges and Viaducts.--Whenever the commissioners resolve to provide a bridge or viaduct, pursuant to this article, they shall cause to be prepared plans and surveys showing the location of the proposed structure, its approaches and the property or rights of property affected thereby, together with any roads in any municipal corporation proposed to be used in connection therewith.(2604 amended Oct. 24, 2018, P.L.931, No.154)Section 2605. Hearing and Decree.--(2605 repealed May 1, 1981, P.L.25, No.11)Section 2606. Designs and Specifications; Approval.--(2606 repealed May 1, 1981, P.L.25, No.11)Section 2607. Approval of State or Federal Agencies; Change in Location.--(a) Where a proposed bridge crosses any navigable stream or other public water or the property or right of way of any railroad or other public utility, and by reason thereof the approval of any State or Federal officer, board or body is required as to the location and construction of such bridge or its approaches, the county shall have authority to construct the bridge in the other location and in such other manner as may be necessary to comply with the conditions prescribed by the officer, board or body in granting such approval, if the county commissioners are of the opinion, and so decide, that the bridge as thus changed is necessary for the convenience of the traveling public and will accommodate substantially the same traveling public as the bridge would have done if it had been constructed at the location and in the manner originally provided.(b) ((b) repealed May 1, 1981, P.L.25, No.11)(c) ((c) repealed May 1, 1981, P.L.25, No.11)Section 2608. Materials Taken From Adjoining Lands.--(2608 deleted by amendment Dec. 22, 2000, P.L.1019, No.142)Section 2609. Inspection and Approval.--(2609 repealed May 1, 1981, P.L.25, No.11)Section 2610. Payment Upon Approval; Disapprovals.--(2610 repealed May 1, 1981, P.L.25, No.11)Section 2611. Authorization to Contract with Municipality for Sharing of Certain Costs.--When any bridge is proposed to be located in any municipality, the county may enter into an agreement with such municipality providing that the municipality shall bear a portion of the cost of the location, laying out, opening, construction and maintenance of such bridge or that the municipality shall provide or maintain the approach thereto within the municipality or bear the costs of property damages of said approach. Every agreement shall be entered into in writing and at least one executed copy thereof shall be furnished to each party thereto. Every such bridge shall be a county bridge and the duty of maintaining the same, except as otherwise herein provided, shall devolve upon the county. The expense thereof shall be provided out of any county funds authorized for use in the maintenance of county bridges.(2611 amended Oct. 24, 2018, P.L.931, No.154)Section 2612. Bridges on Boundary Between Two Counties.--(a) Whenever any bridge provided for by this article is on the boundary line between two counties or within one-fourth of a mile therefrom and necessary for the accommodation of the inhabitants of both counties, the commissioners of such counties shall act jointly in the exercise of all powers conferred upon them and in the performance of all duties imposed upon them. Except in a county of the second class A, whenever a petition of residents or taxpayers is required, such petition shall be made by the required number of petitioners in each county in relation to a boundary bridge under this section to the county commissioners of their county. Whenever any other petitions are required, such petitions shall be made to the county commissioners in each of such counties. Each of the boards of county commissioners shall act on such petitions and shall communicate its approval or disapproval to the other board.(b) ((b) deleted by amendment May 1, 1981, P.L.25, No.11)(b.1) If one of the counties is a county of the second class A, and whenever the appointment of viewers or inspectors is required, the court of each county shall appoint a full number of viewers or inspectors and order a view in the manner and with like powers, duties and procedure provided for in the case of public roads. The total number thereof shall act together in the view or inspection and shall make a joint report and recommendations to each court. Exceptions to the report of viewers may be filed in and appeals therefrom made to the courts of either county, in which case the courts of the two counties sitting together shall hear and determine the same. Whenever publication of notice is required, the publications shall be made in each county. The approval of both boards of commissioners and of both courts shall be necessary in order to authorize any action requiring such approval.(c) Whenever publication of notice is required, such publication shall be made in each county. The approval of both boards of commissioners shall be necessary in order to authorize any action requiring such approval.(d) Whenever the procedure provided in Article XXIV of this act is to be followed, such procedure shall be carried out only in and by the county in which the lands, other property or materials entered upon, taken or damaged are located and the damages shall be paid by such county only.(e) Any such bridge shall be a joint county bridge. All costs and expenses pertaining to such bridge and the maintenance thereof shall be borne by the two counties, jointly, in such proportions as shall be agreed upon, from time to time, by the commissioners thereof.(f) For the purposes of this section, "joint county bridge" shall include a bridge over the boundary line between two counties constructed or proposed to be constructed as part of the laying out, alteration or vacation of roads intended to form a continuous highway from one county to another.(2612 amended Oct. 24, 2018, P.L.931, No.154)Section 2613. Joint County Bridges on Line of Highway.--(a) ((a) repealed May 1, 1981, P.L.25, No.11)(b) ((b) repealed May 1, 1981, P.L.25, No.11)(c) Any such bridge when authorized shall be erected, constructed, maintained and kept in repair in the manner hereinbefore provided for bridges erected on the line of adjoining counties.Section 2614. County Commissioners May Purchase Bridges Already Erected.--Whenever, in accordance with the provisions of this article, a county is authorized to erect a bridge and instead of building a new bridge the county commissioners can purchase any bridge already erected at a reasonable cost, they may make such purchase.(2614 amended May 1, 1981, P.L.25, No.11)Section 2615. Rebuilding Privately Owned Bridge.--The commissioners of any county may take charge of or rebuild any bridge suitable for public traffic within the county and abandoned by the owners thereof.(2615 amended May 1, 1981, P.L.25, No.11)Section 2616. Acceptance of Bridge Donated to County.--(a) The commissioners of any county may accept, take charge of and enter upon the records as a county bridge, any bridge within the county which has been built at the expense of private persons or by public subscriptions, and has been opened to free public travel, used by the public and become necessary and convenient for the use of the public, upon notice in writing of the persons who built it or of the subscribers to the original subscription on which the money was raised to build the same, or the heirs or assigns of such persons or subscribers, or of a duly authorized board of trustees representing such persons or subscribers, that they desire to give the bridge to the county in which it is located. Where the bridge crosses the boundary line between two counties, the person or the person's heirs or the assignees, subscribers or trustees representing the person shall give notice in writing to the county commissioners of each county of the intention to donate the bridge to the counties jointly.(b) ((b) deleted by amendment May 1, 1981, P.L.25, No.11)(c) All costs shall be paid out of the treasury of the county. The commissioners may require the owner of said bridge to file, together with their notice, a bond sufficient to secure payment of the costs.(2616 amended Oct. 24, 2018, P.L.931, No.154) (b) Special Authorities and Procedures Section 2630. Widening, Straightening, Altering or Changing Course of Unnavigable Streams for Protection of County Bridges and Highways.--Whenever in the construction, repair or maintenance of any county bridge or highway, it becomes necessary for the safety of said bridge or highway or economically advisable to widen, straighten, alter, protect or change the course of any unnavigable stream, it shall be lawful for the county to enter upon abutting or adjacent land, and to widen, straighten, alter, protect or change the course of such stream for such purposes, and, in connection with such entry, to take, injure and destroy any necessary land or property in the manner and subject to the restrictions and procedure provided by law.Section 2631. Providing and Maintaining Dykes, Banks, Causeways and Sluiceways for Protection of Bridges and Highways.--Any county, for the purpose of protecting any county bridge, the abutments thereof and approaches thereto, and any public highway adjacent to the same from the incursions of the tide floods or waters of any stream, and to prolong the life of any structure, may provide and maintain dykes, banks, causeways and sluiceways over or across any unnavigable stream, and may secure a right of way for the proper ingress thereto and egress therefrom. In connection with the exercise of such authority, the county may take, injure and destroy any necessary land or property in the manner and subject to the restrictions and procedure provided by law. No change in an existing stream channel under the provisions of this subdivision shall be undertaken until it has been approved by the Department of Environmental Protection.(2631 amended Dec. 22, 2000, P.L.1019, No.142)Section 2632. Lighting of County Bridges.--Whenever considered necessary for the safety and convenience of the traveling public, the county commissioners may provide any county bridge with lights of any kind and character that they shall deem suitable, and may contract with any individual or with any municipal or private corporation for the purpose of supplying the necessary light.Section 2633. Temporary Substitutes for Bridges.--When any county bridge is destroyed or rendered impassable, the commissioners may provide at the expense of the county, ferries or other temporary ways as a substitute for such destroyed or impassable bridge, until such bridge has been rebuilt or rendered fit for public travel. Where the bridge was maintained at the joint expense of two adjoining counties, the establishment and maintenance of such ferry or temporary way shall be by joint discretionary action of the boards of commissioners of both counties, and the expense thereof shall be borne by said counties in the same proportions as the maintenance of the bridge was borne before it was destroyed or rendered impassable.(2633 amended Oct. 24, 2018, P.L.931, No.154)Section 2634. Closing, Vacating, Abandoning and Removing County Bridges.--Whenever it appears to the commissioners that any county bridge including but not limiting to any destroyed or partially destroyed bridge has, from any cause, become burdensome and is no longer necessary for the accommodation of public travel, they may close, vacate, abandon and remove such bridge.(2634 amended Oct. 24, 2018, P.L.931, No.154)Section 2635. Contracts for Special Use of Bridge.--The commissioners may enter into a contract or lease with any street railway, telegraph or telephone company or other public utility, their successors or assigns, desiring to use a county bridge and its approaches for other than ordinary public foot or vehicular traffic for the concurrent use of such portion of said public bridge and approaches as will not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon, and may charge tolls or rentals for such special use. No such contract or lease shall be entered into for a longer period than twenty years nor shall any such contract or lease be entered into unless approved by the Public Utility Commission or become effective except in accordance with the provisions of the Public Utility Law.(2635 amended Oct. 24, 2018, P.L.931, No.154)Section 2636. Contracts with Railroad Companies for Use, Purchase, Removal, Replacing or Exchange of County Bridge.--(a) Any railroad company whose tracks or other facilities are located upon any county bridge may contract and agree with the commissioners of the county for the use, purchase, removal, replacing or exchange of such bridge, or for the compensation to be paid to the county by the company for the use and occupancy of the bridge or parts thereof.(b) All moneys due and all obligations incurred by said companies under any such contract may be collected and enforced in the same manner as debts of like amount are recovered and similar obligations enforced in the Commonwealth.(2636 amended Oct. 24, 2018, P.L.931, No.154)Section 2637. Repair of Bridges, Viaducts and Subways When Liability for Such Repairs is in Doubt.--(2637 deleted by amendment Dec. 22, 2000, P.L.1019, No.142)Section 2638. Contributions Towards Work.--(2638 deleted by amendment Dec. 22, 2000, P.L.1019, No.142)Section 2639. Collection of Costs of Repairs; Return of Contributions.--(2639 deleted by amendment Dec. 22, 2000, P.L.1019, No.142) (c) Taking Over or Assisting with Towsnhipor Municipal Bridges Section 2650. Procedure for Taking Over Bridge by County; Aid to Political Subdivisions in Construction and Maintenance of Bridge.--(a) Whenever the construction of any new bridge, or of any bridge to replace any existing bridge, over a stream, or over or under a railroad, and forming part of any road in any city, borough, town or township, or between any two or more municipal corporations is necessary, and requires more expense than it is reasonable that the municipal corporations, individually or jointly, should bear, and if it shall appear to the commissioners that such bridge is necessary, the bridge may, at the discretion of the commissioners, be entered on record as a county bridge. Such bridge shall thereupon be erected, maintained and kept in repair in the same manner as other county bridges constructed under the provisions of subdivision (a) of this article.(b) If the commissioners refuse to have such bridge entered on record as a county bridge, the county may pay the entire cost or any part of the cost of constructing such bridge including damages. Such bridge shall thereupon be a municipal bridge to be maintained and kept in repair by such municipal corporation. The county commissioners may, at their discretion, furnish the municipal corporation the whole or any part of the money necessary to maintain such municipal bridge.(b.1) The commissioners shall keep a record of all proceedings under this section.(c) In addition to the provisions of Articles XVIII and XXIII of this act relating to contracting for services and personal property, whenever the county commissioners propose to build or repair a bridge upon the line between the two adjoining counties, required advertising shall be done in each county, and a copy of the plans and specifications shall be kept in the commissioner's office of each county.(2650 amended Oct. 24, 2018, P.L.931, No.154)Section 2651. Change in Location of Bridge and Roads.--In counties of the third through eighth class, when such bridge is to take the place of an existing bridge, the viewers may change the location thereof so that it may be located and built in the most suitable place, or at the least expense, or in the best manner, and, in the case of the change of location of such bridge, they shall also report what change in the course or bed of the road to be connected therewith will be necessary, and shall also report the vacation of the old or existing bridge, and the vacation of such portion of the road connecting therewith as they may deem proper.(2651 amended Oct. 24, 2018, P.L.931, No.154)Section 2652. Construction of Embankments and Causeways as County Improvements in Certain Counties.--In counties of the third through eighth class, where a stream over which it may be necessary to build a bridge crosses a public road, and the building of such bridge requires the construction of an embankment or causeway leading to either end of such bridge, the erection of which embankment or causeway requires more expense than it is reasonable that one or more adjoining townships should bear, the bridge may, in the discretion of the county commissioners, be entered on record as a county improvement and constructed as county bridges are constructed.(2652 amended Oct. 24, 2018, P.L.931, No.154)Section 2653. Contract for Parts of Municipal Bridges Where County Might Have Built Bridge.--(a) Where a municipal corporation is authorized to construct a bridge or viaduct over a stream or other place over which the county is authorized to build bridges and such municipal corporation is authorized to contract with the county and with railroads, street railways and other companies or parties interested for the building and maintenance of such bridge or viaduct and for the payment of any damages caused by the location or building thereof, the county commissioners may contract with such municipal corporation for that part or portion of the bridge which crosses any of the places hereinbefore mentioned, including the abutments and piers thereof. Such part shall thereafter be maintained as a county bridge.(b) In lieu of the contract above provided for, the county commissioners may contract for any part or portion of the whole structure equal to or greater than the part or portion which the county might have built.(c) The contracts provided for in this section may stipulate that the county shall pay a certain portion of the whole contract price or cost of the work, including damages, or may stipulate that the county shall construct or pay for the construction of a certain part of the work, and may otherwise provide for the payment of the damages. The amount to be paid by the county shall be paid directly to the contractor as may be provided by the contract. The agreements may also provide for the maintenance of the viaducts and bridges after their erection.(2653 amended Oct. 24, 2018, P.L.931, No.154)Section 2653.1. Contribution Where County Might Not Have Built Bridge in Certain Counties.--When a bridge or viaduct is built by a municipality and does not cross any place over which the county is authorized to construct a bridge but crosses merely railroad or railroads and private property, the commissioners of counties of the second class A may contract to pay an amount of money, not exceeding thirty per centum of the entire cost of the proposed bridge or viaduct. The bridge or viaduct shall thereafter be maintained as a municipal structure, and the county shall not be liable for any part of the cost of maintenance or repair thereof.(2653.1 added Oct. 24, 2018, P.L.931, No.154)Section 2654. Joining With Municipality in Another County in Building or Rebuilding Bridge.--When any bridge or proposed bridge is on the dividing line between two counties which is also the dividing line between one county and a municipality in the other county and such municipality has authority to build or rebuild such bridge or to join with any county therein, said county may join with said municipality in the other county in building or rebuilding such bridge. The cost of such bridge shall be paid in such proportions as shall be agreed upon by the county and municipality so joining.(2654 amended Dec. 22, 2000, P.L.1019, No.142)Section 2655. Aiding Municipality in Constructing Bridge Over Ravine or Valley.--Whenever different parts of any municipality or any two municipalities are separated by an intervening valley or ravine, and the commissioners of the county in which such municipality or municipalities are located shall decide it necessary that a public bridge, to connect the territories thus separated, be constructed, the county may contract with the municipality or municipalities for the laying out and construction of the bridge by such municipality or municipalities, and may pay to the municipality or municipalities such portion of the cost thereof as the county commissioners shall deem reasonable.(2655 amended Oct. 24, 2018, P.L.931, No.154)Section 2656. Entry of Municipal Bridge on Record as County Bridge.--Whenever a public bridge has been built or maintained by one or more municipal corporations, and it shall afterwards appear to the commissioners that the care, maintenance and responsibility of said bridge is greater than it is reasonable that the said municipal corporations should bear, the commissioners may enter such bridge upon record as a county bridge, and it shall thereafter be a county bridge in the same manner as if it had originally been so entered on record, if the proper local authorities having the maintenance, supervision and control of such bridge shall tender the same to the said county free and without charge.(2656 amended Oct. 24, 2018, P.L.931, No.154)Section 2657. Acquisition of Toll Bridges by Purchase or Condemnation.--(2657 deleted by amendment Dec. 22, 2000, P.L.1019, No.142)Section 2658. Contracts with Municipalities for Purchase or Condemnation of Toll Bridges.--(2658 deleted by amendment Dec. 22, 2000, P.L.1019, No.142)Section 2659. Leasing of Toll Bridges or of Right to Use Same.--(2659 deleted by amendment Dec. 22, 2000, P.L.1019, No.142)Section 2660. Operation of Joint County Toll Bridges by Counties.--(2660 deleted by amendment Dec. 22, 2000, P.L.1019, No.142)Section 2661. Management, Maintenance and Policing of Joint County Toll Bridges; Turning Over to Department of Highways.--(2661 deleted by amendment Dec. 22, 2000, P.L.1019, No.142) (d) Provisions Relating to Contracts Section 2670. Building or Repair of Bridges.--(2670 repealed Oct. 24, 2018, P.L.931, No.154) (e) Taxation and Borrowing Section 2675. Appropriations and Tax Levy.--Any county in the exercise of any of the powers, authorities and duties, provided in this article, may appropriate and pay out of the general county funds all moneys necessary for said purposes, and may levy, assess and collect taxes for the purposes aforesaid on all real and personal property within the county, and taxable for county purposes, in addition to all other taxes.Section 2676. Incurring of Indebtedness; Taxation for Debt Service.--Any county constructing a bridge or making any other capital improvement or major repairs, in relation to the matters provided for in this article, may, pursuant to a resolution adopted for that purpose by the county commissioners of such county, incur indebtedness and borrow money therefor. Any such county may levy and collect on all taxable property in such county, in addition to all other taxes, for the purposes of servicing such indebtedness.(2676 amended Dec. 22, 2000, P.L.1019, No.142) ARTICLE XXVIIROADS (a) Authorization, Construction and Maintenance 1. County Roads, Establishment and Maintenance. Section 2701. Definitions.--The words defined in section 2601 shall be construed to have like meanings when used in this article.(2701 amended Oct. 24, 2018, P.L.931, No.154)Section 2702. Establishing County Roads.--(a) For the purpose of providing public roads, specially constructed, improved and maintained, the county commissioners may:(1) Lay and open any road.(2) Take possession of and exercise control over any existing municipal road or part thereof, or any road decreed by a court to be a county road.(3) Build and maintain roads as county roads within the county limits.(4) Straighten, widen, extend and alter any county road or part thereof laid out, opened or acquired and vacate so much thereof as may become unnecessary and useless.(b) Any road taken over or improved shall thereupon become a county road and be subject to the control and supervision of the county commissioners. It shall be the duty of the county to keep and maintain county roads established under this act and all other county roads in repair, the expense thereof to be paid by the county in the manner hereinafter provided.(2702 amended Oct. 24, 2018, P.L.931, No.154)Section 2703. Acquisition of Rights of Way of Abandoned Railroads.--(a) The county commissioners may take over any abandoned rights of way or bridge of a railroad company or any part thereof for the purpose of relocating any existing or locating a new county road, and they may purchase such abandoned right of way or bridge or such part thereof, as may be necessary for the relocating or locating of said county road, from the owner thereof.(b) Whenever an abandoned right of way or bridge of a railroad company or any part thereof is purchased under the provisions of this section, a county road shall be laid out and located thereon and shall thereafter be constructed, improved and maintained in accordance with law. Any bridge so taken over shall become a county bridge and shall be maintained, rebuilt and repaired accordingly.(2703 amended Oct. 24, 2018, P.L.931, No.154)Section 2704. Joint Action by Counties.--The provisions of this article may also be exercised jointly by adjoining counties as to roads extending along and adjacent to county lines and from one adjoining county into another.The procedure and jurisdiction in each county in such cases shall be the same as to any portion of such road lying within its limits, except that the petition, plans and surveys of such road shall describe and exhibit every portion of such road within the limits of such county and every portion thereof extending along the line of or into an adjoining county. The portions of the road lying within limits of each county shall be treated in all proceedings as one continuous road.(2704 amended Oct. 24, 2018, P.L.931, No.154)Section 2705. To Be County Road as Soon as so Decreed.--(2705 repealed Oct. 24, 2018, P.L.931, No.154)Section 2706. Maintenance and Repair of County Roads.--The commissioners shall have prepared plans and estimates, as often as required, for the repair and maintenance of all roads which the county is required by law to maintain and repair. Maintenance and repair may be undertaken by contract or through the use of county personnel, supplies and equipment. Any county may also lease any of its equipment to any political subdivision within the county, upon such terms and conditions as may be agreed upon.(2706 amended Oct. 24, 2018, P.L.931, No.154)Section 2707. Annual Tax.--The commissioners may levy, assess and collect annual taxes upon all real and personal property within said county taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the locating, opening, building, improving, widening, straightening, extending, maintaining, repairing or vacating of roads or parts thereof, and for the taking and use of land as may be necessary in constructing and maintaining proper slopes, embankments, fills, culverts, embankment approaches and termini for roads, tunnels, subways and underground roads. The moneys so raised shall not be expended for any other purposes other than those for which the tax was levied, except for the maintenance, repair, construction and reconstruction of any county bridge or bridges whether or not located on a county road or roads. The taxes shall be at the following rates and retained, respectively, for the following purposes:(1) Not more than two mills on the dollar for any purpose set forth in subdivision (a) 1 of this article.(2) Not more than two mills on the dollar for any purpose set forth in subdivision (a) 2 of this article.(3) Not more than two mills on the dollar for any purpose set forth in subdivision (a) 3 of this article.(2707 amended Oct. 24, 2018, P.L.931, No.154)Section 2708. Borrowing Money; Bond Issue and Tax Levy.--The county commissioners may borrow money and secure any indebtedness created by them for the purposes authorized under this article, in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).(2708 amended Oct. 24, 2018, P.L.931, No.154)Section 2709. Changing Part of Road Upon Agreement.--Whenever the board of commissioners deem it advisable to construct or alter any part of any road under their supervision and can agree with the property owners affected by such change as to damages, they may, upon payment of the damages agreed upon, construct or alter such part of such public road as contemplated in such agreement without the formality of a view. The old location of the road shall be vacated in accordance with this act.(2709 amended Oct. 24, 2018, P.L.931, No.154)Section 2710. Assessment of Benefits.--Whenever, in any county, any road or highway shall be originally located, laid out or constructed or relocated, opened, straightened, widened, extended or altered, or any part thereof vacated, the viewers appointed to assess damages in accordance with 26 Pa.C.S. (relating to eminent domain), after having determined the amount of damages sustained, shall assess the whole or such part of such damages as may be represented by benefits upon the properties abutting on and benefited by the improvements. The remaining part of such damages, if any, not so assessed against the abutting properties, shall be paid by the county. The total assessments for benefits shall in no case exceed the total damages awarded and agreed upon.(2710 amended Oct. 24, 2018, P.L.931, No.154)Section 2711. Interest on Benefits Assessed.--All assessments for benefits shall bear interest at the expiration of thirty days after they have been finally determined and fixed and shall be payable to the treasurer of the county.Section 2712. Liens for Benefits Assessed.--All liens for the assessment of benefits pursuant to the provisions of the two preceding sections shall be filed, revived and collected in accordance with law.No appeal taken shall prevent the filing of liens by any county for any assessment made by virtue of the viewers' report, but upon the final determination of the issue the court may make such order as to any lien filed that shall appear right and proper.Section 2713. Sidewalks Along County Roads.--Whenever considered necessary for the safety and accommodation of the public, the county commissioners may locate, construct and maintain sidewalks along county roads. The cost of the construction and maintenance of said sidewalks shall be paid by the county.Section 2714. Lights Along County Roads.--Whenever considered necessary for the safety and convenience of the traveling public, the county commissioners may supply and equip any county road or parts thereof with lights of such kind as they shall deem necessary. The commissioners may for this purpose contract with any individual or with any municipal or private corporation. The cost of the construction may and the cost of maintenance of the said lights shall be paid by the county. 2. System of Main Thoroughfares Adopted, LaidOut and Constructed by County and BecomingBorough and Township Roads. Section 2720. Adoption of System of Main Thoroughfares.--The county commissioners may, in the manner provided by this subdivision (a) 2, cause to be laid out, surveyed and adopted a system of main thoroughfares which said board shall adjudge the proper roads to be established and specially constructed and improved. In adopting such system, the commissioners shall consider the population and needs of all parts of the county and make an equitable distribution of the roads to be specially constructed, located and improved by the said county. They shall cause a plan or plans to be made showing the system of proposed roads, the relation of the proposed roads to existing public roads which connect therewith or are to be supplied thereby, the names of abutting property owners, and also roads which already have been improved by the county. Upon approval of the plan or plans by the commissioners, they shall cause the approval to be engrossed upon the plans and certified by at least two commissioners. The plans shall be filed for public inspection in the office of the commissioners and recorded in the office of the recorder of deeds in a book to be provided for the purpose.No part of the proposed roads of said system shall be an easement upon private property or in any manner interfere with the use thereof until established as a public road by the action of the court of quarter sessions.Section 2721. Improvement of Municipal Roads.--Whenever such system of main thoroughfares had been adopted or when the adoption thereof is contemplated within two years after the commencement of such improvement, the commissioners may take exclusive control of and improve any road or section thereof located either wholly or in part in any municipal corporation, whether existing by their authority or laid out in whole or in part by virtue of this act or otherwise. For that purpose, they may originally locate, lay out, establish in whole or in part relocate, straighten, widen, extend, alter and open roads, and construct and improve the same, and vacate so much of any roads as may be thereby rendered unnecessary and useless. Any road as established or altered, constructed and improved, under the provisions of this section, shall, by ordinance enacted by each municipal corporation through which such road shall pass, become municipal roads, and the duty of maintaining and keeping the same in repair shall devolve upon each respective municipal corporation through or into which the same extends.(2721 amended Oct. 24, 2018, P.L.931, No.154)Section 2722. Plan of System to Be Followed; Variations.--After such plans have been adopted and recorded pursuant to law, all applications under the preceding section shall be restricted and shall relate only to the establishing, opening, construction and improvement of the proposed roads of said system or parts thereof and the vacation of roads supplied by the portion opened and improved. The commissioners may relocate, straighten, widen, extend, alter and open, construct and improve, the proposed roads as laid out, surveyed, marked and shown upon the plans of said system, or to originally locate, lay out and establish, construct and improve roads which substantially supply said system or parts thereof which, although not parts of said system, are deemed by the court to be main thoroughfares of sufficient importance to be improved by the county and to be added to said plan, and in such case to vacate so much of the roads of the system and of roads already established as may be rendered unnecessary by the changes or by an entirely new location.(2722 amended Oct. 24, 2018, P.L.931, No.154)Section 2723. Improvement of Roads Not Part of System on Contribution From Parties Interested.--The commissioners may also originally locate, lay out and establish in whole or in part, relocate, straighten, widen, extend, alter and open, construct and improve roads not parts of said system nor deemed main thoroughfares, upon parties interested therein paying or securing to be paid such proportion of the cost of the original construction and improvement as the commissioners may deem just, which shall not be less than one-fourth of the cost in any case.(2723 amended Oct. 24, 2018, P.L.931, No.154)Section 2724. Annual Tax.--(2724 repealed Oct. 24, 2018, P.L.931, No.154)Section 2725. Borrowing Money and Bond Issue.--(2725 repealed Oct. 24, 2018, P.L.931, No.154) 3. Roads, Tunnels, Subways and Underground Roads. Section 2730. Purchase, Location, Construction, Operation and Maintenance Authorized.--Whenever the county commissioners shall deem it expedient, they may cause to be purchased, located, constructed, operated and maintained roads, tunnels, subways or underground roads anywhere within the county, either wholly or partly within the boundaries of any municipal corporation. Any road, tunnel, subway or underground road, purchased or constructed under the provisions of subdivision (a) 3 of this article, shall forever thereafter be a county road, tunnel, subway or underground road, and the duty of maintaining and keeping the same in repair shall devolve upon the county. The expense thereof shall be paid by the county as hereinafter provided.(2730 amended Oct. 24, 2018, P.L.931, No.154)Section 2731. Contracts or Lease for Special Use of Improvements.--The commissioners may make a contract or lease with any street railway or transportation company, its successors and assigns, for the concurrent use of such a portion of said road, tunnel or subway or underground road, as shall not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon.(2731 amended Oct. 24, 2018, P.L.931, No.154)Section 2732. Taking Street or Other Property of Municipal Corporation.--Should the commissioners of any county deem it necessary or advisable to enter upon or appropriate any road or property of any municipal corporation in the county, or take any other action affecting the property rights or authority of such municipal corporation, for the purpose of constructing or maintaining a road, tunnel, subway or underground road, or in connection with the improvement of any of them, which has been or is about to be purchased by the county or otherwise, the consent thereto of such municipal corporation by ordinance shall be obtained before the actual entering in or upon or the appropriation of such road or property. After such entry and appropriation, the county shall be liable and charged with the supervision, control and maintenance of said roads and properties, or so much thereof as is taken and used for the purpose of constructing and maintaining such road, tunnel, subway or underground road, or in connection with the improvement of any of them, purchased or to be purchased as aforesaid.(2732 amended Oct. 24, 2018, P.L.931, No.154)Section 2733. Annual Tax Levy.--(2733 repealed Oct. 24, 2018, P.L.931, No.154)Section 2734. Borrowing Money and Bond Issue.--(2734 repealed Oct. 24, 2018, P.L.931, No.154) 4. General Provisions. Section 2740. Procedure to Obtain Approval of Quarter Sessions.--(2740 repealed Oct. 24, 2018, P.L.931, No.154)Section 2741. Right of Eminent Domain.--(2741 repealed Oct. 24, 2018, P.L.931, No.154)Section 2742. Contracts for Improvements.--(2742 repealed Oct. 24, 2018, P.L.931, No.154)Section 2743. Procedure Where Property is Left Without Outlet by Reason of Vacating of Part of Old Road.--(2743 repealed Oct. 24, 2018, P.L.931, No.154)Section 2744. Parties Making Application for New Road to Notify Local Road Authorities.--(2744 repealed Oct. 24, 2018, P.L.931, No.154)Section 2745. Unlawful to Raise Road Above Ordinary Grade Over Drain or Culvert.--(2745 repealed Oct. 24, 2018, P.L.931, No.154) (b) Vacation as County Roads Section 2750. Vacation as County Roads.--Upon petition of the county commissioners, the court of common pleas may vacate as a county road any portions of any abandoned or condemned road, or any portions of any road purchased by the county, or of any road, the permanent location or improvement whereof has been ordered or made under this or former acts relating to county roads. All portions of such roads so vacated shall become and be roads of the municipal corporation through which they pass. Written notice of the contents of said petition and the time when the same will be presented to the court shall be given by the county commissioners to the governing body of the municipal corporation through which said road passes, at least ten days before the date of presenting the same. At the time said petition is presented, the court may fix a time for hearing in open court, or may refer the matter to an examiner to take testimony and report his findings to the court at such time as the court shall direct. At any hearing in open court or before an examiner appointed by the court, all parties in interest may appear and be heard. After such hearing, the court, if it shall find that the conditions prescribed by this act have been complied with, may grant the request of the petitioners and make a decree accordingly or make such order in the premises as it deems right and just. No order of vacation shall be made until the municipal corporation affected shall have consented thereto by an ordinance or resolution certified to the court.(2750 amended Oct. 24, 2018, P.L.931, No.154) (c) Continuous Highways from One County to Another Section 2753. Laying Out; Altering; Vacating.--Roads forming or intended to form a continuous highway from one county to another, which cross a river, creek or rivulet forming a boundary line between said counties, may be laid out or altered or vacated in the manner provided in the case of other roads.(2753 amended Oct. 24, 2018, P.L.931, No.154) (d) County Aid to Municipalities and Townships Section 2756. Municipal Streets Connecting Two Ends of County Road.--When a city or borough intervenes between two ends of a county road, and the municipal corporation has failed to properly improve the municipal streets constituting the shortest and most reasonable route through the municipal corporation that will connect the two ends of such county road, the board of commissioners may contract with the governing body of the municipal corporation to improve the shortest and most reasonable route connecting the two ends of such highway.(2756 amended Oct. 24, 2018, P.L.931, No.154)Section 2757. Municipal Streets as Terminus of County Road.--(a) When a county road terminates at the corporate limits of a city or borough in the same or in another county and connects with a municipal street which the municipal corporation has failed to properly improve, and the commissioners of the county in which the municipal corporation is located deem the improvement of such municipal street necessary in order to make such county road easily accessible to residents or to the traveling public, the county commissioners may contract with the governing body of the municipal corporation to improve municipal streets, including, where necessary, streets connecting a county road with the business districts of the municipal corporation or with a system of improved streets therein or which connect the said road with another county road terminating at the limits of the municipal corporation.(b) If several municipal corporations are contiguous to each other and at the corporate limits of any one of them a county road terminates and one or more have failed to properly improve any municipal street therein, and the county commissioners deem the improvement of such street necessary in order to make such county road easily accessible to residents or to the traveling public, the board of commissioners may enter into a similar contract with any of the municipal governing bodies.(2757 amended Oct. 24, 2018, P.L.931, No.154)Section 2758. Improvements.--The board of commissioners may widen, repave or otherwise improve said municipal streets whenever the same is necessary to accomplish any of the purposes of sections 2756 and 2757 of this act. Whenever such improvement is made to a municipal street, the county may pay the total cost of such improvement, or the cost may be divided between or among the municipal corporations and the county.(2758 amended Oct. 24, 2018, P.L.931, No.154)Section 2759. Maintenance.--Before any municipal street is so improved, the board of commissioners and the governing body of the municipal corporation shall agree upon the maintenance of such street. Such agreement may provide that such street shall be kept and maintained in good repair by the municipal corporation, in which case, upon the completion of said improvement, all further liability and responsibility of the county shall terminate, or it may provide that it shall be kept and maintained in good repair by the county and the share of the municipal corporation shall be paid annually to the county.(2759 amended Oct. 24, 2018, P.L.931, No.154)Section 2760. Contracts With Municipal Corporations.--(a) The board of commissioners may contract with the governing bodies of municipal corporations, separately or jointly, providing that the commissioners shall construct an improved road in a similar manner as a county road. The expense or cost of said construction shall be borne jointly by the municipal corporations and the county in such ratio or proportions as may be agreed on in said contract or contracts, irrespective of whether the municipal corporation intervenes between two ends of the county road or not, or whether it is the terminus of a county road, State highway or township road.(b) Payment for the construction of roads under this section shall be made by the county, which shall be reimbursed by the municipal corporation in such sums as agreed upon in said contract or contracts.(c) Any road jointly constructed under this section shall be repaired and maintained at the expense of the county, but nothing shall prevent the governing body of a municipal corporation from entering into a contract or contracts with the county for the maintenance of said improved road under such terms and conditions as may be mutually satisfactory.(2760 amended Oct. 24, 2018, P.L.931, No.154)Section 2761. Payment.--(2761 repealed Oct. 24, 2018, P.L.931, No.154)Section 2762. Repair and Maintenance.--(2762 repealed Oct. 24, 2018, P.L.931, No.154)Section 2763. Where Center Line of Highway is Boundary Between City or Borough and Township.--(a) Whenever the center line of any road constitutes the dividing line between any city or borough and a township located in the same county, the board of county commissioners and the commissioners or supervisors of such township may enter into a contract with the city or borough providing for the grading, curbing and macadamizing or paving of the roadway of said road. The cost thereof shall be borne one-half by the city or borough and one-half by the county and township, in equal portions.(b) Alterations or improvements under this section shall be constructed and subsequent repairs shall be made, under the supervision of the city or borough, in compliance with applicable laws and in further compliance with plans and specifications to be agreed upon in writing between the city or borough and the board of commissioners of the county and the governing body of the township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.(2763 amended Oct. 24, 2018, P.L.931, No.154)Section 2764. Alteration or Improvement.--(2764 repealed Oct. 24, 2018, P.L.931, No.154)Section 2765. Where Center Line of Road is Boundary Between City or Borough and Township in Adjoining County.--(a) Whenever the center line of any road constitutes a dividing line between a township and a city or borough located in an adjacent county, the board of commissioners of the county and the commissioners or supervisors of such township may enter into a contract with the city or borough providing for the grading, curbing, macadamizing or paving of the roadway of said road. The cost thereof shall be borne one-half by the city or borough and one-half by the township and the county in which such township shall be situated, in equal portions.(b) Alterations or improvements under this section shall be constructed, and subsequent repairs shall be made, under the supervision of the city or borough, in compliance with applicable law, and in further compliance with plans and specifications to be agreed upon in writing between such municipal corporation and board of commissioners of the county and the governing body of the township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.(2765 amended Oct. 24, 2018, P.L.931, No.154)Section 2766. Alteration, Improvement and Repairs.--(2766 repealed Oct. 24, 2018, P.L.931, No.154)Section 2767. Improvement on Order of Common Pleas.--(a) In all cases in which it shall be found impossible to enter into contracts or agreements under section 2765, or where either the city or borough and the township or the county in which such township is situated shall refuse to enter into such contract or agreement, either a municipal corporation or the county may present its petition to the court of common pleas of either county setting forth the facts and circumstances, including the condition of the road from which the necessity and desirability for the grading, curbing, macadamizing or paving of the roadway appears, and the estimated cost thereof, and that the terms of such contract cannot be agreed upon by the municipal corporations and the county, or either or any of them, or that either such municipal corporations or the county or any of them refuses to enter into such contract.(b) The petition may request that the court, after hearing all the parties concerned, make its order or decree defining the nature and character of the improvement reasonably necessary or desirable to be made to the roadway, and requiring the parties hereinabove specified to enter into a contract or contracts for the making and constructing of the same as herein provided for. A copy of said petition, duly certified, shall be served upon the municipal corporations or county concerned, other than the petitioner, with notice of the day fixed by the court for the hearing. Thereupon, any of the parties served with such notice shall be entitled, on or before such date, to file in the court its answer to said petition setting forth its version of the facts or such other matters in relation thereto as may be deemed necessary or proper by it.(c) The court, upon the date fixed or at such other time as it may appoint, shall hear the evidence of the parties, or it may refer the matter to a master who shall hear the testimony of the parties and report his findings, in the same manner and under the same procedure as provided by the rules in equity in similar cases, to the court, which may reject, confirm or modify the same, and may make its decree or order directing the making of such alterations or improvements to the roadway as may be deemed reasonably necessary or desirable, and providing for the sharing of the cost of such improvements, one-half by the municipal corporation and one-half by the county and township, in equal portions.(d) Said order or decree may further provide that the repairs to such alterations and improvements subsequently required shall be borne one-half by the municipal corporation, whether borough or city, and one-half by the county or township in equal portions, or such other proportions, as between the county and the township, as such court may find to be legal and proper. Thereupon, the grading, curbing, macadamizing or paving of the roadway of such road shall proceed in accordance with the decree or order of the said court in the same manner as if the contract or agreement had been entered into and duly executed.(2767 amended Oct. 24, 2018, P.L.931, No.154)Section 2768. Guards or Barriers Along Township Roads.--(2768 repealed Oct. 24, 2018, P.L.931, No.154)Section 2769. Improvements of Roads Connecting With State Highway.--The county may, singly, or jointly with any municipal corporation, appropriate and expend moneys for the improvement of any road, not more than one mile in length in distance, outside of the limits of such municipal corporation, for the purpose of connecting improved streets in such municipal corporations with a State highway.(2769 amended Oct. 24, 2018, P.L.931, No.154)Section 2770. Purchase of Road Equipment; Renting of Road Equipment to Municipal Corporations.--The county commissioners of any county may purchase such equipment for the preparation of road material and the construction and maintenance of roads as they deem necessary and pay for the same out of the general funds of the county. Such equipment may be rented by the county commissioners to any of the municipal corporations within such county applying for same, under such regulations and at such rentals as the county commissioners shall prescribe and fix. All equipment, purchased under the provisions of this section, shall be operated only by persons employed for that purpose by and under the direct supervision of the county commissioners.(2770 amended Oct. 24, 2018, P.L.931, No.154) (e) Detours Section 2775. Laying Out Detours When County Road is Closed.--(a) Except in the case of emergency wherein the safety of the public would be endangered, no county road shall be closed to vehicular traffic except upon order of the county commissioners, nor for a longer period than is necessary for the purpose for which such order is issued. Except for temporary emergency police measures wherein the safety of the public would be endangered if it were not temporarily closed, no county road shall be closed to vehicular traffic when the same has been designated as a detour by the Department of Transportation unless the written consent of the Department of Transportation has first been obtained, or unless the county commissioners having jurisdiction over said road shall, by resolution, declare such closing necessary for the protection of the public safety.(b) Whenever any county road shall be closed to vehicular travel, the board of commissioners shall immediately designate or lay out a detour, on which they shall cause to be erected and maintained, while such detour is in use, legible signs at each public road intersection throughout its entire length indicating the direction to the main highway. During the period when such detour is in use, the county commissioners shall maintain such detour in safe and passable condition. They shall also immediately remove all detour signs when the highway originally closed is again opened for traffic.(c) The county commissioners shall, as soon as possible, repair the road designated as a detour and place it in a condition at least equal to its condition when designated as a detour.(d) ((d) deleted by amendment)(2775 amended Oct. 24, 2018, P.L.931, No.154)Section 2776. Detour Over Private Lands.--Whenever necessary in the creation of a detour as aforesaid, the county commissioners responsible for laying out the detour may enter into an agreement with the owners of private lands covering the acquisition of right of way privileges over private property for the period when the main highway shall be closed to traffic. In the exercise of the rights conferred by this section, the county commissioners responsible may pay for the necessary maintenance, subsequent repair and land rental out of such funds as are available for the construction and maintenance of the roads in their charge.(2776 amended Oct. 24, 2018, P.L.931, No.154)Section 2777. Fines and Damages.--(a) Any person who shall willfully remove, deface, destroy or disregard any barricade, light, danger sign, detour sign, warning or traffic control device of any character whatsoever, erected or placed under authority of section 2775, or who shall drive on, over or across any road which had been closed by proper authority, shall be convicted of a summary offense: Provided, however, That persons who have no outlet due to the closing of a road may drive on, over or across such road, with the consent in writing of and subject to such conditions as may be prescribed by the county commissioners responsible for the closing, or their agents or contractors, without being subject to the fines imposed by this section.(b) In addition to the fines herein provided, the county commissioners responsible for the maintenance of a road which has been closed to vehicular traffic, or their agents or contractors, may, in an action at law, recover damages from any person or persons who have damaged a road when it is closed to vehicular traffic.(c) All fines collected under the provision of this section shall be paid to the county treasurer for the general fund use of the county.(2777 amended Oct. 24, 2018, P.L.931, No.154) 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. (f) Protection of Roads Section 2781. County Road Caretakers.--(2781 repealed Oct. 24, 2018, P.L.931, No.154)Section 2782. Caretakers Not Entitled to Fines or Penalties.--(2782 repealed Oct. 24, 2018, P.L.931, No.154)Section 2783. Badge of Caretaker.--(2783 repealed Oct. 24, 2018, P.L.931, No.154)Section 2784. Rules for Protection of Road; Penalty for Violation.--(2784 repealed Oct. 24, 2018, P.L.931, No.154)Section 2785. Penalty for Destroying, Et Cetera, Index Boards.--(a) It shall be unlawful for any person to willfully destroy, remove, injure or deface any sign or index board erected upon or near any public street, road or bridge by the authorities of any county, or erected, with the consent of such authorities, by any club, association or other organized body, for the direction, guidance or safety of travelers. Any and all such signs of wood, metal or other substance, affixed to trees or posts in or upon any roads, properly erected in such manner that they do not interfere with travel, or upon fences, telegraph, telephone, trolley or other poles, with the permission of the owners thereof, or upon private grounds, where consent has been obtained from the owners and tenants thereof, and which are close to roads, shall be within the provisions of this section.(b) Any person violating the provisions of this section shall be convicted of a summary offense and, in addition to other fines and penalties provided by law, may be required to provide reimbursement for the value of a sign destroyed.(2785 amended Oct. 24, 2018, P.L.931, No.154)Section 2786. Snow Fences.--(a) Any county which is responsible for the maintenance of any road may enter upon private property adjacent to such road and place thereon snow fences, at any point as may be deemed necessary to within a limit of one hundred feet from the right-of-way line of such road, in order to eliminate snow drifting on the traveled portion thereof.(b) No snow fence, authorized under this section, shall be placed prior to November first nor shall the same remain in place after April first of the succeeding year, unless the written consent of the owner of the adjacent property is obtained, agreeing to an extension of time for the removal of said snow fence.(c) If the county responsible for the maintenance of the road shall not be able to enter into an agreement with the owner of adjacent property occupied by such snow fence as to the amount of damages sustained as a result of said fence being placed and removed, the owner may petition the court of the proper county for the appointment of viewers to ascertain the amount of damages incurred in such case. The appointment of viewers and the procedure thereafter shall be governed and be in accordance with this act, as provided for eminent domain proceedings. Such damages, if any, when ascertained, shall be paid by the county responsible for the maintenance of the road, and any funds available to the county for the construction and maintenance of roads under their supervision shall be available for the payment of such damages.Section 2787. Elimination of Dangerous Curves and Widening of Narrow Roads.--Any county may acquire, by purchase or by the right of eminent domain, such property and lands situate along or adjacent to any county road as, in the opinion of the commissioners of such county, may be necessary to eliminate dangerous curves and widen narrow roads, for the better protection and safety to the traveling public.Upon any such purchase or condemnation, the county commissioners having had such property and lands condemned may, from time to time, cause to be abated or removed any such dangerous curve or curves or widen such narrow road to the extent of the property and land so acquired.Proceedings for the condemnation of such property and lands shall be as provided in Article XXIV of this act. ARTICLE XXVIIIACTIONS BY AND AGAINST COUNTIES Section 2801. Commissioners to Bring and Defend Suits.--(2801 repealed Apr. 28, 1978, P.L.202, No.53)Section 2802. Form of Action to Recover Claims; Jurisdiction of Justices of the Peace.--(2802 repealed Apr. 28, 1978, P.L.202, No.53)Section 2803. Competency of Witnesses and Jurors.--(2803 repealed Apr. 28, 1978, P.L.202, No.53)Section 2804. Execution Against County.--(2804 repealed Apr. 28, 1978, P.L.202, No.53)Section 2805. Appeals in Behalf of County by Taxpayers.--(2805 repealed Apr. 28, 1978, P.L.202, No.53)Section 2806. Certain Procedure in Equity Not to Apply When County is Libellant, Et Cetera.--(2806 repealed Apr. 28, 1978, P.L.202, No.53)Section 2807. Submission of Disputes to Arbitration.--(2807 repealed Apr. 28, 1978, P.L.202, No.53) ARTICLE XXXSOUTHWESTERN PENNSYLVANIA REGIONALRENAISSANCE INITIATIVE(Art. XXX added June 18, 1997, P.L.179, No.18) Compiler's Note: As a result of the defeat of the referenda authorized in Article XXX relating to the Southwestern Pennsylvania Regional Renaissance Initiative, many provisions in this Article are of no force and effect. Provisions which remain operative include those authorizing the levy of an additional hotel room rental tax in Allegheny County for the support of the David Lawrence Convention Center. (a) Preliminary Provisions Section 3011. Short Title.--This article shall be known and may be cited as the "Southwestern Pennsylvania Regional Renaissance Initiative Act."(3011 added June 18, 1997, P.L.179, No.18)Section 3012. Findings and Declaration of Policy.--(a) The General Assembly finds the following:(1) The health, safety and general welfare of the people of the southwestern region of this Commonwealth are directly dependent upon the continual encouragement, development, growth and expansion of business, industry, commerce and tourism within that region.(2) Unemployment, the spread of indigence and the heavy burden of public assistance and unemployment compensation in southwestern Pennsylvania can be avoided by the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in that region.(3) Supplemental sources of revenue are needed by municipalities in southwestern Pennsylvania to invest in facilities that will promote economic development and tourism and improve the quality of life of their residents.(4) Supplemental sources of public and private revenue are required to improve and develop the region's existing economy and to develop new civic, convention, sports, cultural, industrial, transportation and other facilities.(5) Local governments in southwestern Pennsylvania lack adequate resources to maintain, improve and modernize the region's civic, convention, sports, cultural, industrial, transportation and other facilities, the continued availability of which is vital to the economic growth and development of southwestern Pennsylvania, to the ability of the region to compete globally for visitors, residents and investment in quality jobs at living wages and to the health, welfare, education and quality of life of the citizens of the region.(b) It is hereby declared to be the public policy of the Commonwealth to promote the health, welfare and quality of life of the citizens of southwestern Pennsylvania and to enhance economic development and employment in that region by supporting the construction of regional destination facilities and other regional growth projects for the public purpose of promoting, attracting, stimulating, developing and expanding business, industry, commerce and tourism. That purpose is declared to be a public purpose supporting the enactment of all of the provisions of this article and for which public money may be spent, taxes may be imposed and private property may be acquired by the exercise of the power of eminent domain.(3012 added June 18, 1997, P.L.179, No.18)Section 3013. Definitions.--As used in this article,"Auditorium authority" shall mean the authority created to operate the convention center under the act of July 29, 1953 (P.L.1034, No.270), known as the "Public Auditorium Authorities Law.""Authority" shall mean the Regional Renaissance Authority established under this article."Authority employe" shall mean the chairman and members of the board of the authority, counsel retained by the authority either as an employe or otherwise, the chief administrative officer of the authority and any employe with discretionary powers who may affect the outcome of a decision by the authority in relation to a private corporation or business or any employe who by virtue of the employe's job function could influence the outcome of such a decision."Baseball park" shall mean a baseball park to be constructed in the central city, designed for the purpose of playing major league baseball games."Board" shall mean the governing body of the Regional Renaissance Authority."Bonds" shall mean notes, bonds, refunding notes and bonds, interim certificates, debentures and other evidences of indebtedness or obligations that the authority is authorized to issue under this article. Bonds may be either tax-exempt bonds, the interest on which is excludable from gross income for Federal income tax purposes, or taxable bonds, the interest on which is includable in gross income for Federal income tax purposes."Central city" shall mean a city of the second class located in a county of the second class."Central county" shall mean a county of the second class."Construction" or "construct" shall include site acquisition, demolition and other preparation for and the design, renovation, improvement, expansion, erection, furnishing, fixturing and equipping of the facility or building involved."Contiguous county" shall mean a county, other than a county of the second class, that:(1) has a boundary that touches, even at a single point, a county of the second class;(2) is a county of the fourth, fifth or sixth class and shares common boundaries at more than a single point with two counties described in clause (1); or(3) is a county of the sixth class and is located to the south and west of a county described in clause (2)."Convention and visitors bureau" shall mean the tourist promotion agency located in the central city that receives funds from the hotel tax imposed by section 1970.2 of the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code.""Convention center" shall mean the real property described in section 3081(a), together with the structures, facilities, buildings, fixtures and improvements located thereon, and known as the David L. Lawrence Convention Center."County account" shall mean a special account established within the Regional Growth Fund as provided in section 3021(c)."County growth board" shall mean a new or existing entity designated under section 3022(c)(2)(ii) for the purpose of developing a county growth plan."County growth plan" shall mean a plan for the use of moneys in a county account that is developed and submitted to the authority in accordance with section 3022(c)."Cultural district" shall mean a geographic area within a city of the second class adjacent to the convention center that is not more than one-half square mile in size and that has located within it at least three theaters for the performing arts."Department" shall mean the Department of Revenue of the Commonwealth."Design commission" shall mean the Southwestern Pennsylvania Convention Center Design Commission established under this article."Football stadium" shall mean a football stadium to be constructed in the central city, designed for the purpose of playing National Football League games."Governing body" shall mean the board of county commissioners or the county executive or other person exercising the functions of the county executive in a county without a board of county commissioners."Immediate family" shall mean a parent, spouse, child, brother, sister, the spouse of a child, brother or sister or the parent of a spouse."Participating county" shall mean a county in which the referendum provided for in section 3054 has been approved by the voters."Party officer" shall mean the following members or officers of any political party:(1) A member of a national committee.(2) A chairman, vice-chairman, secretary, treasurer or counsel of a State committee or members of the executive committee of a State committee.(3) A county chairman, vice-chairman, counsel, secretary or treasurer of a county committee.(4) A city chairman, vice-chairman, counsel, secretary or treasurer of a city committee."Public employe" shall mean any individual employed by the Commonwealth or a political subdivision within the Commonwealth."Public officer" shall mean any person elected to any public office of Commonwealth government or any political subdivision within the Commonwealth."Public official" shall mean any elected or appointed official in the executive, legislative or judicial branch of Commonwealth government or any political subdivision within the Commonwealth. The term does not include members of advisory boards who do not have authority to expend public funds other than reimbursement for personal expenses or to otherwise exercise the power of the Commonwealth or any political subdivision within the Commonwealth. The term also does not include any appointed official who does not receive compensation other than reimbursement for actual expenses."Regional Destination Facilities Fund" shall mean the Regional Destination Facilities Fund established under sections 3071 and 3072."Regional destination facility" shall mean any of the following:(1) The convention center.(2) The baseball park.(3) The football stadium.(4) Parks, parking facilities and at least two theaters to be constructed in the cultural district."Regional Growth Fund" shall mean the Regional Growth Fund established under sections 3021 and 3022.(3013 added June 18, 1997, P.L.179, No.18) (b) Regional Growth Fund Section 3021. Establishment of Regional Growth Fund.--(a) There is hereby established the Regional Growth Fund. The treasurer of the authority shall be custodian of the Regional Growth Fund which shall be subject to the provisions of law applicable to funds listed in section 302 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."(b) Taxes imposed under sections 3051 through 3057 shall be received by the department and paid to the treasurer of the authority and, along with interest and penalties less any collection costs allowed under such sections and any refunds and credits paid, shall be credited in the manner provided in section 3052(f) to the Regional Growth Fund not less frequently than every two weeks. There shall also be credited to the Regional Growth Fund any amounts appropriated to it by the General Assembly and any contributions received from any other source.(c) A special account shall be established within the Regional Growth Fund for each participating county. All of the taxes, interest and penalties that are collected under section 3052 from a particular county and deposited in the Regional Growth Fund in accordance with section 3052(f) shall be credited to the special account for that county. All of the moneys in a county account must be spent on projects located in whole or in part within that county unless the governing body of that county authorizes by resolution the use of a portion of the moneys in its county account for a regional project located outside of the county.(d) The authority may also establish other special accounts within the Regional Growth Fund to which shall be credited any amounts appropriated to the Regional Growth Fund by the General Assembly and any contributions received from any other source. Moneys in such special accounts shall be used for eligible projects in a participating county as determined by the board, subject to any limitations imposed by the source of the moneys.(e) All moneys in the Regional Growth Fund, including, but not limited to, moneys credited to it under this section, prior year encumbrances and the interest earned thereon, shall not lapse or be transferred to any other fund but shall remain in the Regional Growth Fund and must be used exclusively as provided in this article.(f) Pending their disbursement, moneys received on behalf of or deposited into the Regional Growth Fund shall be invested or reinvested in the same manner as are moneys in the custody of the State Treasurer. All earnings received from the investment or reinvestment of the moneys shall be credited to the Regional Growth Fund and shall be allocated on a proportional basis to each special account within the Regional Growth Fund.(3021 added June 18, 1997, P.L.179, No.18)Section 3022. Use of Regional Growth Fund.--(a) Subject to the limitations in subsections (b) and (c), moneys in the Regional Growth Fund shall be used by the authority to fund the capital costs of new or improved economic development projects of the following types:(1) Industrial site development, including, but not limited to, site acquisition, preparation and clearance, construction of necessary infrastructure such as water and sewer facilities, and construction of buildings for use by businesses.(2) Cultural, recreational, historical and entertainment facilities, including, without limitation, African-American cultural facilities, regional destination facilities and projects in heritage areas.(3) Transportation facilities that will assist in the attraction and retention of jobs in the region, including construction of highways, bridges, transit facilities, airports, ports, rail lines and related facilities.(4) Revolving loan funds to assist in the establishment, location and expansion of businesses, including, without limitation, small or minority-owned businesses, in the region.(5) New or improved water or sewer facilities serving residential customers.(b) Expenditures from the Regional Growth Fund for an eligible project shall be subject to the following limitations:(1) The funding provided from the Regional Growth Fund for an eligible project shall not exceed fifty per centum of the total cost of the project.(2) No funds may be expended from the Regional Growth Fund for operating costs of any project or facility.(3) No more than twenty per centum of the funds in a county account may be used for the purpose described in subsection (a)(4).(4) No more than forty per centum of the funds in a county account may be used for the purpose described in subsection (a)(5).(c) (1) Not later than March 31, 1998, each participating county shall initially notify the board whether it intends to develop and submit a county growth plan and which of the optional methods described in clause (2) will be used. As part of its notification, the county shall also indicate what portion of the moneys in its county account shall be reserved for implementation of the plan. In establishing the long-term budget and capital budget under sections 3035 and 3036, the board shall reserve funds in each county account in accordance with the notification and shall not approve projects using reserved funds unless they are contained in the county growth plan.(2) If it chooses to develop and submit a county growth plan to the authority, the governing body of a participating county shall select one of the following three methods for developing the plan:(i) The redevelopment authority of the county created under the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law," may adopt a county growth plan by resolution and submit it to the authority. The redevelopment authority must hold at least one public hearing regarding the plan or any revision to the plan prior to adopting the plan or revision and submitting it to the authority.(ii) The governing body may create a county growth board or designate an existing public or nonprofit agency to serve as the county growth board. The county growth board must hold at least one public hearing regarding the plan or any revision to the plan prior to adopting the plan or revision and submitting it to the authority.(iii) The governing body may directly adopt a county growth plan by resolution and submit it to the authority. The governing body must hold at least one public hearing regarding the plan or any revision to the plan prior to adopting the plan or revision and submitting it to the authority.(3) The governing body of a participating county that has not previously submitted a county growth plan may elect to submit one at any time by giving the authority notice to that effect. The governing body of a participating county that has submitted a county growth plan may at any time change the method of developing its county growth plan by giving the authority notice to that effect.(4) All expenditures from the Regional Growth Fund for projects contained in a county growth plan must meet the criteria and limitations contained in subsections (a) and (b). The total expenditures that the county growth plan requests from the county account shall not exceed the total funds projected to be deposited in that account.(d) The authority shall automatically approve funding from a county account for any project in the participating county that meets the eligibility criteria of this section and that is contained in a county growth plan, up to the amount of moneys available in the county account.(3022 added June 18, 1997, P.L.179, No.18) (c) Regional Renaissance Authority Section 3031. Authority Established.--(a) A body corporate and politic to be known as the Regional Renaissance Authority is established as a special purpose areawide unit of local government pursuant to section 7 of Article IX of the Constitution of Pennsylvania, exercising powers as a unit of local government under this article and having territorial limits that encompass the geographic areas of the participating counties. The exercise by the authority of the powers conferred by this article is hereby declared to be and shall for all purposes be deemed and held to be the performance of an essential public function.(b) The authority shall be deemed to be established at the time set forth in section 3054(e).(c) Once established, the authority shall continue in existence perpetually.(d) It is declared to be the intent of the General Assembly that the authority and its board members, officers and employes shall enjoy sovereign and official immunity as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) and shall remain immune from suit except as provided by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and B (relating to actions against Commonwealth parties). Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority, through its legal counsel, shall defend actions brought against the authority or its board members, officers and employes when acting within the scope of their official duties.(e) Members of the board shall not be liable personally on the bonds or other obligations of the authority, and the rights of creditors shall be solely against the authority.(3031 added June 18, 1997, P.L.179, No.18)Section 3032. Board of Authority.--(a) The powers of the authority shall be exercised by a governing body having full authority to manage the properties and business of the authority and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the authority may be conducted and the powers given to it may be exercised. All bylaws, rules and regulations and amendments thereto shall be filed with the secretary of the authority.(b) The members of the board of the authority shall be appointed as follows:(1) The governing body of the central county shall appoint a member to represent that county.(2) The governing body of each other participating county shall appoint a member to represent that county.(3) The mayor of the central city shall appoint a member to represent that city.(4) The President pro tempore of the Senate shall appoint a member.(5) The Minority Leader of the Senate shall appoint a member.(6) The Speaker of the House of Representatives shall appoint a member.(7) The Minority Leader of the House of Representatives shall appoint a member.(8) The Governor shall appoint three members, not all of whom are members of the same political party and at least one of whom has experience and expertise in convention and tourism promotion programs.(c) (1) The number of members of the board appointed under each of subsection (b)(4) through (7) shall be increased to two if the number of participating counties is greater than five.(2) The persons appointing members of the board under subsection (b)(4) through (8) shall consult with each other about those appointments so that:(i) if there is more than one participating county, not more than a majority of the members of the board appointed under subsection (b)(4) through (8) are residents of any one participating county.(ii) The board is reflective, to the extent feasible, of the cultural, racial, ethnic and gender demographic proportions of the participating counties.(d) The governing body of each participating county shall only appoint individuals from lists of three or more names submitted by the members of the General Assembly who represent any portion of that county. In developing such lists, the members of the General Assembly shall solicit nominations from public and private economic development agencies within the county and may solicit nominations from other sources as well. The individuals appointed must have the unanimous approval of all of the members of the governing body in office at the time.(e) (1) The term of office of a member of the board appointed:(i) under subsection (b)(1) through (3) shall be four years; and(ii) under subsection (b)(4) through (8) shall be five years.(2) The term of office of a member shall begin on the date of appointment. Members may hold office until their successors have been appointed and qualified or until their earlier death or resignation.(3) A person may not serve more than two consecutive full terms on the board.(4) A person appointed to the board when a vacancy occurs during the term of office of a member of the board shall serve for the remainder of the term. A vacancy in the office of a member appointed under subsection (b)(4) through (7) shall be filled for the balance of the term by appointment made by the person who at the time is the ranking member in the same chamber of the General Assembly and of the same political party as the person who appointed the vacating member.(f) The Governor shall select one of the initial members of the board as the interim chair of the authority and shall, within ten days after the effective date of the establishment of the authority, set a date, time and place for the initial organizational meeting of the board. The members shall elect from among themselves a chair, vice-chair, secretary, treasurer and other officers as they may determine. A member may not hold more than one office of the board at any time. Members may serve successive terms as officers of the board.(g) The board shall meet as frequently as it deems appropriate, but at least once a month during the first year that the authority is in existence and thereafter at least once during each quarter of its fiscal year. In addition, a meeting of the board shall be called by the chair if a request for a meeting is submitted to the chair by at least two members of the board. A majority of the members of the board in office shall constitute a quorum for the purpose of conducting the business of the board and for all other purposes. The acts of a majority of the members of the board taken at a meeting of the board at which a quorum is present shall be the acts of the board, except that, for the purposes of making decisions regarding personnel matters, contracts and capital and operating budgets, the affirmative vote of at least six members of the board shall be required.(h) There shall be nonvoting advisory members of the board with the right to attend and be heard at every meeting of the board who are appointed as follows:(1) An advisory member shall be appointed by each of the following:(i) The convention and visitors bureau.(ii) The principal tenant of the baseball park.(iii) The principal tenant of the football stadium.(iv) The private nonprofit corporation with the largest membership supporting the development of the entire cultural district.(v) The private nonprofit corporation with the largest membership supporting the development, preservation and expansion of African-American culture and history in southwestern Pennsylvania.(vi) The labor organization representing the largest number of members of the building trades.(2) In addition to the six advisory members provided for in clause (1), the authority may also appoint one or more other advisory members.(3032 added June 18, 1997, P.L.179, No.18)Section 3033. Purposes and Powers.--(a) (1) The purposes of the authority shall be to accomplish the following:(i) Supporting and financing the construction of regional destination facilities.(ii) Assuring the efficient and effective operation and development of regional destination facilities.(iii) Supporting and financing the construction of other economic development projects.(2) The enumeration of purposes in clause (1) shall not be construed to limit the powers granted to the authority under this article.(b) Subject to the limitations in subsection (d), the authority is granted all powers necessary or convenient for the carrying out of its purposes, including the following:(1) To have continuing succession.(2) To sue and be sued, implead and be impleaded, complain and defend in all courts.(3) To adopt, use and alter at will a corporate seal.(4) To acquire by gift or otherwise, purchase, hold, receive, lease, sublease and use any license, franchise or property, real, personal or mixed, tangible or intangible, or any interest therein, including a regional destination facility or parts thereof.(5) To sell, transfer or dispose of any property or interest therein for adequate and fair consideration.(6) To acquire, hold, develop, construct, maintain, manage, operate, repair, own, lease or sublease a regional destination facility or parts thereof and projects funded from the Regional Growth Fund.(7) To make, enter into and award contracts with any person for the development, financing, construction, maintenance, operation and repair of regional destination facilities or parts thereof and projects funded from the Regional Growth Fund.(8) To conduct financial and performance reviews and audits of regional destination facilities and projects funded from the Regional Growth Fund.(9) To conduct long-term planning necessary for the efficient and effective operation and development of regional destination facilities and projects funded from the Regional Growth Fund.(10) To make bylaws for the regulation of its affairs and to promulgate rules, regulations and policies in connection with the performance of its functions and duties.(11) (i) To borrow money for the purpose of paying the costs of any project and to evidence such borrowing in any customary and appropriate fashion.(ii) To make and issue taxable or tax-exempt negotiable bonds of the authority and secure the payment of the bonds or any part of the bonds by pledge or deed of trust of all or any of its revenues, rentals, receipts and contract rights.(iii) To make agreements with the purchasers or holders of the bonds or with other obligees of the authority in connection with any bonds, whether issued or to be issued, as the authority shall deem advisable, which agreements shall constitute contracts with the holders or purchasers.(iv) To obtain credit enhancement or liquidity facilities in connection with any bonds as the authority shall determine to be advantageous.(v) To provide, in general, for the security for the bonds and for the rights of the holders of the bonds.(12) To make, enter into and award contracts of every name and nature and to execute all instruments necessary or convenient for the carrying out of its business.(13) To borrow money and accept grants and to enter into contracts, leases, subleases, licenses or other transactions with any Federal agency, State public body, political subdivision or person.(14) To mortgage, pledge, hypothecate or otherwise encumber any of its property, real, personal or mixed, tangible or intangible, and its revenues or receipts, including, but not limited to, any tax revenues or interest the authority may have in any lease or sublease of regional destination facilities or parts of regional destination facilities.(15) To procure insurance containing coverage, including, without limitation, insurance covering the timely payment in full of principal and interest on bonds of the authority, in the amounts and from the insurers the authority may determine to be necessary or desirable for its purposes.(16) To invest its money.(17) To cooperate with any Federal agency, State public body or political subdivision.(18) To invest any funds not required for immediate disbursement in reserve or sinking funds.(19) To appoint all officers, agents and employes required for the performance of its duties and fix and determine their qualifications, duties and compensation and to retain or employ other agents or consultants.(20) To enroll its employes in a retirement system, including an existing retirement system of a participating county or any other governmental entity located within a participating county.(21) To appoint and fix the compensation of chief counsel and assistant counsel, who shall not be required to be employes of the authority, to provide it with legal assistance. Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the authority through its counsel shall defend actions brought against the authority and its officers and employes when acting within the scope of their official duties.(22) To do all acts and things necessary or convenient for the promotion of its purposes and the general welfare of the authority and to carry out the powers granted to it by this article or any other acts.(c) The authority, upon making a finding that it is necessary or convenient to acquire any real or personal property in the central city for its immediate or future use for purposes related to the construction of regional destination facilities or related developments, may acquire property by the exercise of the power of eminent domain pursuant to the act of June 22, 1964 (Sp.Sess., P.L.84, No.6), known as the "Eminent Domain Code," and for those purposes shall have the power of eminent domain. The authority may use its eminent domain power to acquire property already devoted to a public use, except that the power may not be used to acquire property owned or used by the Commonwealth. The board shall not exercise the authority's eminent domain power without the approval of the mayor of the central city and the members of the board appointed pursuant to section 3032(b)(1) and (3).(d) Notwithstanding any purpose of the authority or a general or specific power granted by this article or any other act, whether express or implied, the following limitations and conditions shall apply to the operations of the authority:(1) The authority shall have no power to pledge the credit or taxing powers of the Commonwealth or any other government agency, except the credit of the authority, nor shall any of the bonds of the authority be deemed a debt or liability of the Commonwealth or of any other government agency, except as otherwise agreed by the Commonwealth or a government agency.(2) Neither the Commonwealth nor any government agency except the authority shall be liable for payment of the principal or maturity value of or interest or premium on any of the bonds of the authority, except as otherwise agreed by the Commonwealth or a government agency.(3) Notwithstanding any provision of this article or any other act to the contrary or of any implication that may be drawn from this article or any other act, the Commonwealth and all other government agencies, except the authority, shall have no legal or moral obligation for the payment of any expenses or obligations of the authority, including, but not limited to, bond principal and interest, the funding or refunding of any reserve and any administrative or operating expenses whatsoever, except as otherwise agreed to by the Commonwealth or another government agency.(4) Bonds of the authority shall contain a prominent statement of the limitations set forth in this subsection and a further statement to the effect that obligees of the authority shall have no recourse, either legal or moral, to the Commonwealth or to any other government agency for payment of the bonds, except as otherwise agreed to by the Commonwealth or another government agency.(5) The authority shall not assume the responsibility of employing personnel directly engaged in the operation of regional destination facilities described in clauses (1) and (4) of the definition of "regional destination facility" but may enter into contracts for the operation, maintenance and ongoing improvement of those facilities with public and private organizations that have expertise in operating the type of facility involved.(6) The authority shall not operate, maintain or, after the completion of initial construction, design or perform subsequent improvements to the baseball park or football stadium but shall contract for the performance of those functions with the principal tenant of each of those facilities.(3033 added June 18, 1997, P.L.179, No.18)Section 3034. Fiscal Matters.--(a) The fiscal year of the authority shall commence on July 1 of each year and end on June 30 of the next year, except as otherwise provided by the board.(b) The board of the authority shall, no later than the start of each fiscal year, prepare a comprehensive annual report of its activities and operations for the previous year, make the report publicly available and conduct public meetings and hearings to receive public comments and recommendations regarding the activities and operations of the board. The board shall forward a copy of the annual report each year to the Governor and to the General Assembly.(c) The board shall provide for an annual audit of the authority by an independent certified public accounting firm.(3034 added June 18, 1997, P.L.179, No.18)Section 3035. Initial Financial Plan.--(a) Immediately upon the creation of the authority, the board shall commence the negotiation, with such public or private entities as it considers appropriate, of agreements relating to the construction of regional destination facilities. Agreements regarding the construction of the baseball park and the football stadium shall provide that those facilities shall not be owned by the teams that will be their principal tenants but that the authority shall either own or enter into long-term leases with the owner of the land, building and fixtures for each of those facilities regardless of what public or private entities are responsible for the construction of those facilities. Each agreement regarding a regional destination facility shall provide for:(1) The development of long-term plans for the financing, development and operation of the facility.(2) Performance and financial goals, objectives and standards for the operation of the facility.(3) Assurances that adequate measures will be undertaken to maintain and improve the facility.(4) Assurances that the operating and capital budgeting for the facility will occur in a financially responsible manner.(b) Prior to the start of the first full fiscal year of the authority, the board shall adopt, in addition to the operating and capital budgets required under sections 3036 and 3037, long-term budgets for the Regional Destination Facilities Fund and the Regional Growth Fund. The long-term budget for the Regional Destination Facilities Fund shall estimate the total revenues required to complete the construction of all of the projects included in the definition of "regional destination facility" and the amount of revenues to be received by the authority during the first seven calendar years of its existence. At least ninety days before commencement of the second and third full fiscal years of the authority, the board shall update and revise the operating and capital budgets as required under the long-term budget.(3035 added June 18, 1997, P.L.179, No.18)Section 3036. Capital Budgets.--(a) At least ninety days before commencement of the ensuing fiscal year of the authority, the board shall cause to be prepared and submitted to it recommended capital budgets relating to the Regional Destination Facilities Fund and the Regional Growth Fund. The capital budgets shall show in detail the capital expenditures to be made or incurred in the next fiscal year which are to be financed from each fund. The capital budgets shall be adopted by the board no later than the date of the adoption of its annual operating budget as required under section 3037.(b) Except for projects contained in a county growth plan, a majority of the members of the board who are residents of a particular participating county must vote in favor of the inclusion in a capital budget for the Regional Growth Fund of any expenditure relating to a project within that county. Projects contained in a county growth plan shall be approved in accordance with the provisions of sections 3021 and 3022.(c) The board shall conduct an annual public hearing regarding the proposed annual capital budget for the Regional Growth Fund.(3036 added June 18, 1997, P.L.179, No.18)Section 3037. Operating Budget.--(a) At least ninety days before commencement of the ensuing fiscal year of the authority, the board shall cause to be prepared and submitted to it a recommended operating budget. The operating budget shall set forth the estimated receipts and revenues of the authority during the next fiscal year. The operating budget for the next fiscal year shall be adopted by the board at least thirty days before the end of the current fiscal year.(b) The money necessary to pay the administrative expenses of the authority during each fiscal year may be drawn from the Regional Destination Facilities Fund and the Regional Growth Fund. Any moneys so drawn shall be drawn from the funds in proportion to the amount of time and expense involved in administering each fund. The authority shall not use more than one per centum of the total revenues from the taxes imposed pursuant to sections 3051 through 3057 to pay the administrative expenses of the authority.(c) The board shall conduct public hearings and meetings regarding its operating budget.(3037 added June 18, 1997, P.L.179, No.18)Section 3038. Restrictions Upon Activities of Board Members and Employes.--A member of the board or an employe of the authority shall not, concurrent with the service of the member or employe with the authority, be a party officer, public officer, public official, public employe or a member of the immediate family of a party officer, public officer or public official. This section shall not apply to members of the board appointed pursuant to section 3032(b)(4) through (8).(b) The provisions of the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law, and the act of July 19, 1957 (P.L.1017, No.451), known as the "State Adverse Interest Act," are hereby made specifically applicable to board members, officers and employes of the authority. For the purposes of application of such acts, employes of the authority shall be regarded as public employes of the Commonwealth, and officers or board members of the authority shall be regarded as public officials of the Commonwealth, whether or not they receive compensation. The authority shall also be subject to the act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine Act," relating to open meetings, and the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, relating to the inspection and copying of public records.(3038 added June 18, 1997, P.L.179, No.18) Compiler's Note: The act of 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.Section 3039. Exemption from Taxation.--The effectuation of the authorized purpose of the authority shall and will be in all respects for the benefit of the people of this Commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and, since as a public instrumentality it will be performing essential governmental functions in effectuating such purposes, the authority shall not be required to pay any taxes or assessments upon any property acquired or used by it for such purposes, and the bonds issued by the authority and the interest and income therefrom shall at all times be free from State and local taxation.(3039 added June 18, 1997, P.L.179, No.18) (d) Bonds and Funds of Authority Section 3041. Bonds.--The authority may authorize issues of bonds, sell bonds, use net proceeds of bond sales, refund bonds, adopt pledges, mortgages, covenants, indentures and trusts, exercise remedies and confer additional remedies upon persons holding bonds in the same manner as provided by sections 7 through 10 of the act of June 27, 1986 (P.L.267, No.70), known as the "Pennsylvania Convention Center Authority Act," as in effect on June 18, 1997.(3041 added June 18, 1997, P.L.179, No.18)Section 3042. Governmental Immunity.--It is hereby declared to be the intent of the General Assembly that the authority and its officers, officials and employes shall enjoy governmental immunity except as provided by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and C (relating to actions against local parties).(3042 added June 18, 1997, P.L.179, No.18)Section 3043. Funds of Authority.--All moneys of the authority from whatever source derived shall be paid to the treasurer of the authority and invested in the same manner as is provided for in section 13(a) through (d) of the act of June 27, 1986 (P.L.267, No.70), known as the "Pennsylvania Convention Center Authority Act," as in effect on June 18, 1997.(3043 added June 18, 1997, P.L.179, No.18)Section 3044. Transfer of Funds.--(a) (1) The central city, the central county or any contiguous county, regardless of whether any such county is a participating county, and any special-purpose areawide unit of local government located or operating in whole or in part in any such county may and are hereby authorized to make grants from current and future revenues to the authority and to assist in defraying the costs of managing, operating, maintaining, financing and servicing the debt of regional destination facilities or parts of regional destination facilities, to enter into long-term agreements providing for payment of the costs and to enter into long-term leases or subleases as lessee or sublessee of all or part of a regional destination facility.(2) Such a city or county may issue general obligation bonds for the purpose of obtaining funds for the acquisition or improvement of regional destination facilities or parts of regional destination facilities.(b) The Commonwealth may contribute to the capital costs of constructing regional destination facilities by the issuance of Commonwealth bonds and notes under Article XVI-B of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code." A project undertaken by the authority is hereby deemed to be a redevelopment assistance project under which capital funds of the Commonwealth may be expended under the provisions of the act of May 20, 1949 (P.L.1633, No.493), known as the "Housing and Redevelopment Assistance Law," and, notwithstanding any provisions of the "Housing and Redevelopment Assistance Law," the Department of Community and Economic Development is hereby authorized to make capital grants directly to the authority.(3044 added June 18, 1997, P.L.179, No.18) (e) Additional Sales and Use Taxes Section 3051. Construction of Sections 3051 through 3057.--The tax imposed under sections 3051 through 3057 shall be in addition to any tax imposed by the Commonwealth under Article II of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971." Except for the differing situs provisions in section 3053, the provisions of Article II of the "Tax Reform Code of 1971" shall apply to the tax.(3051 added June 18, 1997, P.L.179, No.18)Section 3052. Imposition of Additional Sales and Use Taxes.--(a) If the electorate in a particular county approves the referendum provided for in section 3054 levying the taxes authorized in this section, there shall be levied, assessed and collected upon each separate sale at retail of tangible personal property or services, as defined in Article II of the act of March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of 1971," within the boundaries of the participating county a tax on the purchase price. The tax shall be collected by the vendor from the purchaser and shall be paid over to the Commonwealth for deposit in the Regional Destination Facilities Fund and the Regional Growth Fund as provided in subsection (f).(b) In each participating county in which the electorate approves the referendum levying the tax authorized in subsection (a), there shall be levied, assessed and collected upon the use within the county of tangible personal property purchased at retail and on services purchased at retail as defined in Article II of the "Tax Reform Code of 1971" a tax on the purchase price. The tax shall be paid over to the Commonwealth by the person who makes the use for deposit in the Regional Destination Facilities Fund and the Regional Growth Fund as provided in subsection (f). The use tax imposed under this subsection shall not be paid over to the Commonwealth by any person who has paid the tax imposed by subsection (a) or who has paid the tax imposed by this subsection to the vendor with respect to the use.(c) The taxes authorized by subsections (a) and (b) shall be imposed at the rate of one-half per centum and shall be uniform, upon the same class of subjects, within the territorial limits of the participating counties.(d) The taxes imposed by subsections (a) and (b) shall be collected only on sales or uses occurring during the seven-year period from July 1, 1998, through June 30, 2005.(e) The taxes imposed under subsections (a) and (b) shall be computed in the manner set forth in section 503(e) of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."(f) The taxes imposed under subsections (a) and (b) and any interest and penalties thereon shall be received by the department and paid by the State Treasurer as follows:(1) Seventy-five per centum of the taxes, interest and penalties collected in the central county shall be paid to the Regional Destination Facilities Fund and twenty-five per centum to the Regional Growth Fund.(2) Twenty-five per centum of the taxes, interest and penalties collected in each contiguous county that is a participating county shall be paid to the Regional Destination Facilities Fund and seventy-five per centum to the Regional Growth Fund.(g) The governing body of a county in which the electorate has approved a referendum levying the taxes provided for in sections 3051 through 3057 shall not be required to adopt an ordinance levying the tax. Instead, upon approval of the referendum as provided in section 3054, those taxes will be deemed to have been levied by the governing board pursuant to the requirements of sections 3051 through 3057.(3052 added June 18, 1997, P.L.179, No.18)Section 3053. Situs.--The situs of sales at retail or uses, including leases, of motor vehicles, aircraft, motorcraft and utility services shall be determined in the manner specified by section 504 of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."(3053 added June 18, 1997, P.L.179, No.18)Section 3054. Referenda Levying Additional Taxes.--(a) The county board of elections of the central county and each contiguous county shall cause to be printed on the official ballot and ballot labels at the municipal election in November 1997 a referendum to determine the will of the electorate within the county with respect to levying the additional sales and use taxes provided for in sections 3051 through 3057.(b) The question as printed on the official ballot and ballot labels in the central county shall be in the following form:REGIONAL RENAISSANCE INITIATIVEDo you favor supporting job creation projects in this county by temporarily increasing the sales tax by 0.5% for seven years, with 75% of the revenues used to fund not more than 1/2 the cost of expanding the Lawrence Convention Center, and constructing facilities in the cultural district, a baseball park and a football stadium; and with the remaining 25% of the revenues used for other economic development projects in Allegheny County?(c) The question as printed on the official ballot and ballot labels in the contiguous counties shall be in the following form:REGIONAL RENAISSANCE INITIATIVEDo you favor supporting job creation projects in this county by temporarily increasing the sales tax by 0.5% for seven years, with 75% of the revenues used for economic development, transportation and tourism projects in (name) County; and with 25% of the revenues used to fund not more than 1/2 the cost of expanding the Lawrence Convention Center and constructing facilities in the cultural district, a baseball park and a football stadium in Pittsburgh?(d) The referenda required under this section shall be advertised and conducted in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."(e) Except as provided in subsections (f), (g) and (h), upon certification that the referendum provided for in subsection (a) has been approved in any county, the authority shall be established as provided in section 3031.(f) If the referendum provided for in this section is not approved by the voters in the central county but is approved by the voters in at least one contiguous county:(1) The Regional Destination Facilities Fund shall not be established and all taxes collected by participating counties under section 3052 shall be deposited in the Regional Growth Fund.(2) Members of the board shall not be appointed pursuant to section 3032(b)(1) and (3).(g) If the referendum provided for in this section is approved by the voters in at least one county but is not approved by the voters in a particular contiguous county, the defeat of the referendum in that contiguous county shall not affect the establishment of the authority or the operation of the provisions of this article, except that the additional taxes provided for in section 3052 shall not be collected in the contiguous county and the contiguous county shall not be a participating county.(h) If the referenda provided for in this section are defeated in the central county and all of the contiguous counties, sections 3021 through 3057, 3071 through 3081 and 3903 shall be of no further force and effect.(i) If the referendum provided for in this section is approved by the voters in the central county, the increase in the hotel tax in the central county provided for in section 3061 shall be reduced to one and one-half per centum during the period that the taxes imposed by section 3052 are collected in the central county.(3054 added June 18, 1997, P.L.179, No.18)Section 3055. Licenses.--A license for the collection of the taxes imposed by sections 3051 through 3057 shall be issued in the same manner as is provided for in section 505 of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."(3055 added June 18, 1997, P.L.179, No.18)Section 3056. Rules and Regulations.--Rules and regulations shall be applicable to the taxes imposed under sections 3051 through 3057 in the same manner as is provided for in section 506(1) and (2) of the act of June 5, 1991 (P.L.9, No.6), known as the "Pennsylvania Intergovernmental Cooperation Authority Act for Cities of the First Class."(3056 added June 18, 1997, P.L.179, No.18)Section 3057. Collection Costs.--(a) The department, to cover its costs of administration, shall be entitled to retain a sum equal to the reasonable and necessary costs of collection and shall inform the authority in writing monthly of the sum retained and the costs of collection reimbursed. To provide a timely forecast and assure consideration of the sum retained, the department shall estimate its costs of collection for the next succeeding fiscal year and provide the estimate, with all supporting detail, to the authority. When the annual operating budget for the department is submitted to the General Assembly, the department shall also submit to the chairman and minority chairman of the Appropriations Committee of the Senate and to the chairman and minority chairman of the Appropriations Committee of the House of Representatives the actual sums retained for costs of collection in the preceding fiscal year, together with all supporting details.(b) As used in this section, the term "costs of collection" shall not include any charge for overhead or capital costs.(3057 added June 18, 1997, P.L.179, No.18) (f) Increase in Hotel Tax Section 3061. Increase in Rate of Hotel Tax in Central County.--(a) The rate at which the tax imposed by section 1970.2 of the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," is collected is hereby increased by two per centum to a rate of seven per centum, subject to adjustment as provided in section 3054(i), for the period provided in subsection (c). Following the end of the period provided in subsection (c), that tax shall be collected at the rate in effect immediately prior to the effective date of this article.(b) Words used in this section that are not otherwise defined in this act but are defined in section 1970.2 of the "Second Class County Code" shall have the meanings ascribed to them in that section of that act.(c) The increased tax rate required by this section shall apply to and be collected only on rentals of a room or rooms to accommodate transients that occur during the period from September 1, 1997, through the earliest of:(1) February 28, 1999, if the auditorium authority has not, in the period between June 18, 1997, and February 28, 1999, issued any bonds that are secured by the increased tax revenues to be collected pursuant to sections 3061 through 3064 and are for the purpose of financing the costs of any of the activities described in subsection (d);(2) the date on which all bonds issued by the auditorium authority that are secured by the increased tax revenues to be collected pursuant to sections 3061 through 3064 and are for the purpose of financing construction of the convention center have been retired in full; or(3) August 31, 2027.(d) The incremental additional revenues received from the tax increase provided for in this section shall be distributed as follows:(1) One-third of the incremental additional tax revenues collected by hotels located within a municipality other than the central city that at the time receives revenues under section 1970.2(b.1)(2) of the "Second Class County Code" shall be returned to that municipality and otherwise handled in the same fashion as if the incremental additional revenues returned to the municipality under this clause were part of the base revenues disbursed to it under that section.(2) All other incremental additional revenues shall be deposited by the treasurer of the central county with the treasurer of the auditorium authority, who shall deposit them in a special fund to be used solely for the following purposes:(i) For project design and property acquisition in connection with construction of the convention center until the cost of those phases has been completely paid or full funding for those phases from whatever source has been committed.(ii) Following completion of the purpose described in subclause (i), for the costs of constructing the convention center.(e) No moneys may be disbursed under subsection (d)(2)(i) for project design purposes without the approval of the design commission established under section 3062.(3061 added June 18, 1997, P.L.179, No.18)Section 3062. Southwestern Pennsylvania Convention Center Design Commission.--(a) A body corporate and politic to be known as the Southwestern Pennsylvania Convention Center Design Commission is hereby established as a special-purpose government instrumentality exercising the powers conferred by this article. The exercise by the design commission of the powers conferred by this article is hereby declared to be and shall for all purposes be deemed and held to be the performance of an essential public function.(b) The design commission shall be deemed to be established on June 18, 1997. Once established, the design commission shall continue in existence until the renovations, improvements and expansion of the convention center have been completed.(c) It is hereby declared to be the intent of the General Assembly that the members, employes and staff of the design commission shall enjoy sovereign and official immunity as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) and shall remain immune from suit except as provided by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and B (relating to actions against Commonwealth parties). Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the design commission through its legal counsel shall defend actions brought against the design commission or its board members, officers and employes when acting within the scope of their official duties.(d) The design commission shall be composed of the following fifteen members:(1) One member appointed by the mayor of the central city.(2) One member appointed by the city council of the central city.(3) Two members appointed by the governing body of the central county.(4) One member appointed by the Governor.(5) One member appointed by the regional planning commission established under the act of May 29, 1956 (1955 P.L.1845, No.611), known as the "Regional Planning Law," of which the central county is a member.(6) Two members appointed by the Governor who have been nominated by the governing board of the largest private trade or industry association formed to represent the owners of hotels located in the central county only.(7) Two members appointed by the Governor who have been nominated by the governing board of the largest private trade or industry association formed to represent the owners of restaurants located in the central county only.(8) Four members appointed by the governing board of the convention and visitors bureau.(9) The chair of the auditorium authority.(e) The term of office of the members of the design commission shall be coincident with the term of existence of the design commission.(f) The members appointed pursuant to subsection (d)(8) shall have the following qualifications:(1) One member shall have experience and expertise in planning and marketing national meetings and conventions.(2) One member shall have experience and expertise in planning and marketing consumer shows.(3) One member shall have experience and expertise in marketing convention centers.(4) One member shall have experience and expertise in providing support services for conventions and shows.(g) The members of the design commission shall elect from among themselves a chair, secretary and such other officers as they may determine. Each officer shall serve for a term of two years and until a successor is elected and qualified or until an earlier death or resignation. A member may not hold more than one office of the design commission at any time. Members may serve successive terms as officers of the design commission.(h) The design commission shall meet as frequently as it deems appropriate, but at least once a month during the first year that it is in existence and thereafter at least once during each calendar quarter. In addition, a meeting of the design commission shall be called by the chair if a request for a meeting is submitted to the chair by at least two members of the design commission. A majority of the members of the design commission in office shall constitute a quorum for the purpose of conducting the business of the design commission and for all other purposes. The acts of a majority of the members of the design commission taken at a meeting at which a quorum is present shall be the acts of the design commission.(i) The design commission is granted all powers necessary or convenient for the carrying out of its purposes under this article.(j) The members of the design commission shall serve without compensation but shall be entitled to reimbursement of any reasonable expenses incurred while participating in the business of the design commission. Such expense reimbursements, as well as all costs associated with conducting the business of the design commission, shall be paid by the auditorium authority out of the special fund established under section 3061(d).(3062 added June 18, 1997, P.L.179, No.18)Section 3063. Restrictions upon Activities of Design Commission Members and Employes.--(a) A member or employe of the design commission shall not, concurrent with the service of the member or employe with the design commission, be a party officer, public officer, public official, public employe or a member of the immediate family of a party officer, public officer or public official.(b) The provisions of the act of October 4, 1978 (P.L.883, No.170), referred to as the Public Official and Employee Ethics Law, and the act of July 19, 1957 (P.L.1017, No.451), known as the "State Adverse Interest Act," are hereby made specifically applicable to members and employes of the design commission. For the purposes of application of such acts, employes of the design commission shall be regarded as public employes of the Commonwealth, and members of the design commission shall be regarded as public officials of the Commonwealth, whether or not they receive compensation. The design commission shall also be subject to the act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine Act," and the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.(3063 added June 18, 1997, P.L.179, No.18) Compiler's Note: The act of 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.Section 3064. Design of Convention Center.--(a) Contracts for the design and planning of the renovations, improvements and expansion of the convention center that are to be funded in whole or in part under this article shall not be let without the approval of the design commission. The power of the design commission to approve contracts under this subsection shall include all aspects of the contracts, including, without limitation, the identity of the architects, engineers, surveyors and other persons who are parties to the contracts and the terms of the contracts.(b) No capital project for construction of the convention center may be undertaken unless and until the schematic design and the preliminary design development documents have been approved by the design commission. The design and construction of the convention center may be divided into stages or phases for which schematic design and preliminary design development documents may be approved separately by the design commission and which may be undertaken as if each stage or phase were a separate capital project. Further design approval shall not be required if the construction documents are consistent with the design set forth in the schematic and preliminary design development documents.(3064 added June 18, 1997, P.L.179, No.18) (g) Regional Destination Facilities Fund Section 3071. Establishment of Regional Destination Facilities Fund.--(a) Subject to section 3054(f)(1), there is established the Regional Destination Facilities Fund. The treasurer of the authority shall be custodian of the Regional Destination Facilities Fund, which shall be subject to the provisions of law applicable to funds listed in section 302 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."(b) Taxes imposed under sections 3051 through 3057 shall be received by the department and paid to the treasurer of the authority and, along with interest and penalties less any collection costs allowed under those sections and any refunds and credits paid, shall be credited in the manner provided in section 3052(f) to the Regional Destination Facilities Fund not less frequently than every two weeks. There shall also be credited to the Regional Destination Facilities Fund any amounts appropriated to it by the General Assembly and any contributions received from any other source.(c) All moneys in the Regional Destination Facilities Fund, including, but not limited to, moneys credited to it under this section, prior year encumbrances and the interest earned thereon, shall not lapse or be transferred to any other fund, except as provided in section 3072(c), but shall remain in the Regional Destination Facilities Fund and must be used exclusively as provided in this article.(d) Pending their disbursement, moneys received on behalf of or deposited into the Regional Destination Facilities Fund shall be invested or reinvested in the same manner as are moneys in the custody of the State Treasurer. All earnings received from the investment or reinvestment of the moneys shall be credited to the Regional Destination Facilities Fund.(3071 added June 18, 1997, P.L.179, No.18)Section 3072. Use of Regional Destination Facilities Fund.--(a) Each long-term budget required by section 3035(b) shall be prepared in such a manner that the total expenditure of moneys in the Regional Destination Facilities Fund that have already been made plus the expenditures provided for in that budget are allocated such that the total amount ultimately expected to be deposited in the fund is allocated as follows:(1) Except for that portion of the Regional Destination Facilities Fund used to defray the operating expenses of the authority as provided in section 3037(b), all of the moneys in the fund shall be used to fund the construction of regional destination facilities and related developments. Not less than eighty-five per centum shall be used for the construction of regional destination facilities themselves, with the remaining fifteen per centum available for the construction of related developments, such as parking facilities for the baseball park and football stadium.(2) Subject to clauses (3) through (7), the total amount of the fund shall be allocated in the manner most likely, in the judgment of the authority, to permit the completion of the construction of all of the regional destination facilities.(3) Not less than thirty per centum nor more than forty per centum shall be spent on construction of the convention center, but in no event shall the moneys provided from the fund represent more than fifty per centum of the cost of that project.(4) Not less than twenty-eight per centum nor more than thirty-two per centum shall be spent on construction of the baseball park, but in no event shall the moneys provided from the fund represent more than fifty per centum of the cost of that project.(5) Not less than twenty-eight per centum nor more than thirty-two per centum shall be spent on construction of the football stadium, but in no event shall the moneys provided from the fund represent more than fifty per centum of the cost of that project.(6) Not less than five per centum nor more than ten per centum shall be spent on construction of the projects described in clause (4) of the definition of "regional destination facility," but in no event shall the moneys provided from the fund represent more than fifty per centum of the individual cost of any of those projects.(b) The authority shall ensure that a portion of the cost of constructing the baseball park and the football stadium shall be paid for from private funding sources. The cost of retiring the bonds issued by the authority organized under the act of July 29, 1953 (P.L.1034, No.270), known as the "Public Auditorium Authorities Law," and known as the Stadium Authority of The City of Pittsburgh that are outstanding at the time that the stadium now owned by that authority is used neither for professional baseball games nor for professional football games and the cost of demolishing the stadium may be treated as eligible for funding from the Regional Destination Facilities Fund, but none of those costs may be funded under subsection (a)(3) or (6).(c) Any moneys in the Regional Destination Facilities Fund that cannot be disbursed because any of the limitations in subsection (a) have not been satisfied shall be transferred on July 1, 2005, to the Regional Growth Fund.(3072 added June 18, 1997, P.L.179, No.18) (h) Conveyance of David L. Lawrence Convention Center Section 3081. Conveyance of Convention Center.--(a) The Department of General Services, with the approval of the Governor, is authorized and directed on behalf of the Commonwealth of Pennsylvania to grant and convey to the authority, for a consideration of one dollar ($1), as soon as practicable after the approval in the central county of the referendum required by section 3054, the tract of land, with the structures, facilities, buildings, fixtures and improvements erected thereon, situate in the City of Pittsburgh, Allegheny County, Pennsylvania, and known as the David L. Lawrence Convention Center. The conveyance shall include any property adjacent to the convention center that is acquired by the Commonwealth prior to the date of the conveyance and any options to acquire such adjacent property held by the Commonwealth on the date of the conveyance.(b) The conveyance of the convention center shall be made under and subject to all easements, servitudes and rights of others, including, but not confined to, streets, roadways and rights of any telephone, telegraph, water, electric, sewer, gas or pipeline companies, as well as under and subject to any interest, estates or tenancies vested in third persons, whether or not appearing of record, for any portion of the land or improvements erected thereon. The authority shall be bound by the terms of any labor contracts relating to the convention center that are in effect at the time of its conveyance to the authority.(c) The deed of conveyance shall be approved as provided by law and shall be executed by the Secretary of General Services in the name of the Commonwealth.(d) Costs and fees incidental to the conveyance of the convention center shall be borne by the grantee.(e) The conveyance of the convention center pursuant to this section shall not affect the availability of the revenues from the hotel tax authorized in section 1970.2 of the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," to fund the operational and maintenance expenditures of the convention center.(3081 added June 18, 1997, P.L.179, No.18) ARTICLE XXXIXACTS OF ASSEMBLY REPEALED(Art. hdg. renumbered June 18, 1997, P.L.179, No.18) Section 3901. Repeal.--The following acts and parts of acts and all amendments thereof are hereby repealed to the extent hereinafter specified.Section seventy-eight of the act, approved April fifteen, one thousand eight hundred thirty-four (Pamphlet Laws 537), entitled "An act relating to counties and townships and county and township officers", as to counties of the third to the eighth class.The act, approved April one, one thousand eight hundred thirty-five (Pamphlet Laws 101), entitled "An act relative to the bonds of County Treasurers in the Auditor General's office", as to counties of the third to the eighth class.Sections three and ten of the act, approved May twenty-seven, one thousand eight hundred forty-one (Pamphlet Laws 400), entitled "An act relating to the Election of County Treasurers and for other purposes", as to counties of the third to the eighth class.Sections one, three and seven of the act, approved May three, one thousand eight hundred fifty (Pamphlet Laws 654), entitled "An act providing for the election of district attorneys", as to counties of the third to the eighth class.Sections seventeen and eighteen of the act, approved March thirty-one, one thousand eight hundred sixty (Pamphlet Laws 382), entitled "An act to Consolidate, Revise and Amend the Penal Laws of this Commonwealth", as to counties of the third to the eighth class.The act, approved March twelve, one thousand eight hundred sixty-six (Pamphlet Laws 85), entitled "A further supplement to an act, entitled 'An Act to consolidate, revise and amend the penal laws of this Commonwealth', so far as relates to the duties of district attorneys", as to counties of the third to the eighth class.The act, approved April seventeen, one thousand eight hundred sixty-nine (Pamphlet Laws 66), entitled "An act relating to the payment of county auditors", as to counties of the third to the eighth class.Sections one, two, three, four, five, six, seven, eight, nine, ten, fifteen and sixteen of the act, approved March thirty-one, one thousand eight hundred seventy-six (Pamphlet Laws 13), entitled "An act to carry into effect section five, of article fourteen, of the constitution, relative to the salaries of county officers and the payment of fees received by them into the state or county treasury, in counties containing over one hundred and fifty thousand inhabitants", as to counties of the third and fourth class.The act, approved April twenty-two, one thousand eight hundred seventy-nine (Pamphlet Laws 30), entitled "An act extending the powers and authority of county auditors, authorizing them to settle, audit and adjust the accounts of the directors of the poor of the several counties of the commonwealth", as to counties of the third to the eighth class.The act, approved June eight, one thousand eight hundred eighty-one (Pamphlet Laws 81), entitled "An act to authorize the courts of common pleas of this commonwealth, on sale of real estate by surety for the sheriff or coroner, on application by petition, to release the lien of recognizance on said real estate", as to counties of the third to the eighth class.The act, approved June twenty-seven, one thousand eight hundred eighty-three (Pamphlet Laws 163), entitled "An act providing for the satisfaction and discharge of sheriff's recognizance", as to counties of the third to the eighth class.The act, approved April nineteen, one thousand eight hundred eighty nine (Pamphlet Laws 38), entitled "An act providing for the appointment of librarians for law libraries connected with the courts of this Commonwealth", as to counties of the third to the eighth class.The act, approved May thirteen, one thousand eight hundred eighty-nine (Pamphlet Laws 200), entitled "An act regulating the payment of traveling expenses of directors of the poor and county commissioners within this Commonwealth", as to counties of the third to the eighth class.The act, approved June twelve, one thousand eight hundred ninety-three (Pamphlet Laws 457), entitled "An act to provide for the erection, maintenance and regulation of public morgues in the several counties of this Commonwealth, for the care and disposal of bodies removed thereto, and providing for the payment of certain expenses of the same by the proper county or district or by the estate of the deceased person, and providing for the disposal of the personal effects of unclaimed dead", as to counties of the third to the eighth class.The act, approved June eighteen, one thousand eight hundred ninety-five (Pamphlet Laws 209), entitled "An act regulating the printing and publication of notices and advertisements authorized by the county commissioners of the counties of this Commonwealth containing a population of five hundred thousand and not exceeding one million, as shown by the last United States census, providing how newspapers shall be designated in which such publications shall be made, and repealing an act, entitled 'An act authorizing the county commissioners of Allegheny county to select four morning newspapers for official county advertising', approved the second day of April, Anno Domini one thousand eight hundred and seventy-three, and also repealing the tenth section of an act, entitled 'A supplement to an act approved the first day of May, Anno Domini one thousand eight hundred and sixty-one, entitled 'An act relating to Allegheny county', approved the eighth day of April, Anno Domini one thousand eight hundred and sixty-two", as to counties of the third class.The act, approved April fourteen, one thousand eight hundred ninety-seven (Pamphlet Laws 22), entitled "An act making it the duty of the various county officials to furnish, on demand therefor, information from their respective offices to the head of any department of the State government, and providing a compensation therefor", as to counties of the third to the eighth class.The act, approved July fifteen, one thousand eight hundred ninety-seven (Pamphlet Laws 285), entitled "An act authorizing the commissioners of the counties of the Commonwealth to transfer and cover into the general fund of the several counties, any money now placed to the credit of any city, borough or township, upon any duplicate for taxes where the same has remained uncalled for during a period of ten years: Provided, The right to the same is not in litigation or a matter of dispute", as to counties of the third to the eighth class.The act, approved April eighteen, one thousand eight hundred ninety-nine (Pamphlet Laws 56), entitled "An act authorizing the county commissioners of the several counties in this Commonwealth to appoint a clerk, fix his compensation, and prescribe the term and duties of the clerk, except in counties where the clerk to the county commissioners is elected by the people", as to counties of the third to the eighth class.The act, approved May eleven, one thousand nine hundred one (Pamphlet Laws 165), entitled "An act relative to the purchase of a law library in counties of this Commonwealth having a population of less than one hundred and fifty thousand inhabitants, and authorizing one-half of the fines and forfeitures, to which said counties would under existing laws be entitled, to be expended for the purchase and support of said library", as to counties of the third to the eighth class.The act, approved May twenty-one, one thousand nine hundred one (Pamphlet Laws 271), entitled 'An act to provide for the election of recorders of deeds and registers of wills in counties having a population of over one hundred and fifty thousand", as to counties of the third and the fourth class.The act, approved April eleven, one thousand nine hundred three (Pamphlet Laws 164), entitled "An act to provide for the construction of bridges over or under existing railroads, at the expense of the county, where a public highway or a road, about to be opened, intersects or will intersect an existing railroad or railroads, and the township within which the bridges may be necessary is reasonably unable to bear the expense of the same", as to counties of the third to the eighth class.The act, approved February fourteen, one thousand nine hundred seven (Pamphlet Laws 3), entitled "An act enlarging the powers of county commissioners to erect county bridges; empowering them to erect and construct new bridges whenever the existing bridge or bridges are not sufficient, for any cause, to accommodate the public travel", absolutely.Section one of the act, approved April sixteen, one thousand nine hundred seven (Pamphlet Laws 92), entitled as amended "An act defining the duty of coroners, where death is sudden or violent, or is of a suspicious nature and character, and of police, and health authorities in this Commonwealth, in reference to the disposition of bodies of persons whose cause of death may be the subject of inquiry by the coroner, but where it appears the cause of death is not surrounded by suspicious circumstances", as reenacted and amended by the act, approved July twelve, one thousand nine hundred thirty-five (Pamphlet Laws 710), insofar as it is inconsistent with the provisions of this act, in counties of the third to the eighth class.The act, approved April twenty-two, one thousand nine hundred nine (Pamphlet Laws 104), entitled "An act providing for the support and maintenance of law libraries in the counties of this Commonwealth", as to counties of the third to the eighth class.The act, approved April twenty-seven, one thousand nine hundred nine (Pamphlet Laws 242), entitled "An act providing for the payment to the treasurer of any County Soldiers' Memorial Association, within the commonwealth of Pennsylvania, incorporated under the laws of the said Commonwealth, of any moneys unexpended, which were appropriated by the county commissioners of any county in the Commonwealth, under the act of April third, one thousand nine hundred and three, to be used solely and exclusively for the erection or completion of any monument or memorial to the memory of the soldiers and sailors of American wars", as to counties of the third to the eighth class.The act, approved June eight, one thousand nine hundred eleven (Pamphlet Laws 717), entitled "An act relating to coroners and the holding of post-mortems in the several counties of the Commonwealth", as to counties of the third to the eighth class.The act, approved March twenty-seven, one thousand nine hundred thirteen (Pamphlet Laws 11), entitled "An act fixing the salary of controllers, in counties having over one hundred thousand inhabitants, where no provision for such salary has heretofore been made", as to counties of the third to the fifth class.The act, approved May fourteen, one thousand nine hundred thirteen (Pamphlet Laws 204), entitled "An act authorizing the board of county commissioners of the several counties of the State to appropriate money for cooperative agricultural extension work, for the purpose of improving and developing the agricultural resources of the proper counties", as to counties of the third to the eighth class.The act, approved June twenty-five, one thousand nine hundred thirteen (Pamphlet Laws 559), entitled "An act providing for and regulating appeals, when county auditors have surcharged a county officer, and such surcharge has not been allowed by the court", absolutely.The act, approved May seventeen, one thousand nine hundred seventeen (Pamphlet Laws 237), entitled "An act regulating the practice and procedure of the sheriff or deputy sheriff, under writs of inquisition, condemnation, inquiry of damages, lunacy or habitual drunkard proceedings, partition proceedings, or by virtue of any other writ or process, issued by the courts of this Commonwealth, wherein the existing laws require the sheriff to be present in person", as to counties of the third to the eighth class.The act, approved May twenty-four, one thousand nine hundred seventeen (Pamphlet Laws 297), entitled "An act authorizing the establishment of contagious disease hospitals in the several counties of the Commonwealth, to be constructed and maintained out of county funds", as to counties of the third to the eighth class.The act, approved July eighteen, one thousand nine hundred seventeen (Pamphlet Laws 1042), entitled "An act authorizing county controllers, in counties having a population of more than one hundred thousand and less than one hundred and fifty thousand inhabitants, to appoint a solicitor; prescribing the duties of said solicitor, and fixing his salary", absolutely.The act, approved May eight, one thousand nine hundred nineteen (Pamphlet Laws 163), entitled "An act authorizing county commissioners to appoint county engineers, and to fix their compensation, and prescribing the duties of such engineers", as to counties of the third to the eighth class.The act, approved April thirteen, one thousand nine hundred twenty-one (Pamphlet Laws 132), entitled "An act authorizing county commissioners to appropriate moneys for the maintenance of duly incorporated organizations for the prevention of cruelty to animals", as to counties of the third to the eighth class.The act, approved May twenty, one thousand nine hundred twenty-one (Pamphlet Laws 1006), entitled "An act relating to certain county officers in counties of the fifth class; providing for their salaries, and the compensation of deputies and clerks in the respective county offices; establishing a salary board, and defining its powers and duties; placing certain duties on the county commissioners, county controllers, and county auditors; requiring the payment into the respective county treasury of the fees of such county officers; and providing penalties for violation of this act", absolutely.The act, approved April twelve, one thousand nine hundred twenty-three (Pamphlet Laws 62), entitled "An act relating to treasurers in counties of the fifth class; providing for their salaries, bonds, offices and supplies, and the compensation of deputies and clerks", absolutely.The act, approved April twenty-seven, one thousand nine hundred twenty-three (Pamphlet Laws 112), entitled "An act fixing the compensation of jury commissioners in counties of the seventh class", absolutely.The act, approved May nineteen, one thousand nine hundred twenty-three (Pamphlet Laws 275), entitled "An act fixing the salary of sheriffs in counties of the eighth class; providing for the payment for the care and maintenance of prisoners, where the sheriff is the keeper or warden of the jail; requiring all fees and mileage earned by sheriffs in such counties to be paid into the county treasury for the use of the county; and prescribing penalties", absolutely.The act, approved May nineteen, one thousand nine hundred twenty-three (Pamphlet Laws 283), entitled "An act providing a means whereby the individual justice of the peace may better inform himself as to the law, changes in the law, and decisions of the courts on the law, of this Commonwealth", as to counties of the third to the eighth class.The act, approved June twenty-eight, one thousand nine hundred twenty-three (Pamphlet Laws 875), entitled "An act relating to county bridges, authorizing counties to issue and sell bonds for the erection thereof, and for the acquisition of toll bridges, and providing for the division of the cost of construction and erection or acquisition of joint county bridges or toll bridges and the collection of tolls thereon", as to counties of the third to the eighth class.The act, approved June twenty-nine, one thousand nine hundred twenty-three (Pamphlet Laws 944), entitled "An act relating to salaries, compensation, bonds, offices, and supplies of certain county officers, their deputies and clerks, in counties of the sixth class", absolutely.The act, approved June twenty-nine, one thousand nine hundred twenty-three (Pamphlet Laws 973), entitled "An act providing for the payment by counties of expenses incurred by the district attorney, and making such expenses a part of the costs of the case where the defendant is convicted", as to counties of the third to the eighth class.The act, approved July eleven, one thousand nine hundred twenty-three (Pamphlet Laws 1054), entitled "An act relating to certain county officers in counties of the fifth class; providing for their salaries, and the compensation of deputies and clerks in the respective county offices; establishing a salary board, and defining its powers and duties; placing certain duties on the county commissioners, county controllers, and county auditors; requiring the payment into the respective county treasury of the fees of such county officers; and providing penalties for violation of this act", absolutely.The act, approved April nine, one thousand nine hundred twenty-five (Pamphlet Laws 222), entitled "An act providing for the payment by counties and poor districts of the salaries of officers where pending the settlement of a dispute the salary paid to such officer was less than the amount to which he was legally entitled", absolutely.The act, approved May eleven, one thousand nine hundred twenty-five (Pamphlet Laws 559), entitled "An act fixing the salary of sheriffs in counties of the sixth class; providing for the payment for the care and maintenance of prisoners where the sheriff is the keeper or warden of the jail; requiring all fees and mileage earned by sheriffs in such counties to be paid into the county treasury for the use of the county; providing for the appointment and compensation of deputies and clerks; and prescribing penalties", absolutely.The act, approved May twelve, one thousand nine hundred twenty-five (Pamphlet Laws 596), entitled "An act providing for the alteration of the boundaries of counties in certain cases for the adjustment of the indebtedness thereof; providing the effect thereof", as to counties of the third to the eighth class.The act, approved May thirteen, one thousand nine hundred twenty-five (Pamphlet Laws 676), entitled, as amended, "An act providing for the burial of certain persons who are, have been, or shall be soldiers, sailors, marines or members of the enlisted nurse corps designated as 'deceased service men' defining the term 'deceased service men' authorizing county commissioners to provide markers and burial plots for such deceased service men at the expense of such county in which they shall die or have a legal residence at the time of their death and providing for the burial of widows of soldiers, sailors or marines", as to counties of the third to the eighth class.The act, approved May thirteen, one thousand nine hundred twenty-seven (Pamphlet Laws 1020), entitled "An act authorizing and empowering the cities of the third class to acquire by lease, purchase or condemnation proceedings any land within or without the limits of said cities, but within the limits of the counties in which such cities are located, for the purpose of establishing and maintaining municipal airdromes or aviation landing fields; providing for the procedure in cases of condemnation and the extent of title acquired; authorizing the lease by the cities of portions thereof to individuals or corporations upon such terms as may be fixed, and the lease thereof to the Government of the United States upon nominal rental; and empowering said cities to operate and maintain said fields jointly with any county within said city is situate where the county is empowered to operate and maintain an airdrome or aviation landing field", as to counties of the third to eighth class.The act, approved March twenty-one, one thousand nine hundred twenty-nine (Pamphlet Laws 38), entitled "An act authorizing and regulating the establishment and operation, by counties, of hospitals for the treatment of women afflicted with nervous diseases; providing for the acquisition of property for such hospitals by the power of eminent domain, the incurring of indebtedness, and the levying of taxes", authorizing counties to pay for patients cared for in hospitals of other counties; and authorizing counties to receive gifts or trust funds for the erection and maintenance of such hospitals", as to counties of the third to the eighth class.The act, approved May two, one thousand nine hundred twenty-nine (Pamphlet Laws 1278), entitled "An act relating to counties of the second, third, fourth, fifth, sixth, seventh and eighth classes; and revising, amending and consolidating the laws relating thereto", as to counties of the third to the eighth class.The act, approved May fifteen, one thousand nine hundred twenty-nine (Pamphlet Laws 1767), entitled "An act validating the action of the salary board of any county of this Commonwealth in providing additional assistants to the district attorneys in the respective counties, when such appointments became necessary, or on account of sickness of assistant district attorneys, or on account of increased business or unusual conditions or circumstances, provided the salary for such appointees did not exceed the minimum salary provided for assistant district attorneys in the respective counties", as to counties of the third to the eighth class.The act, approved May sixteen, one thousand nine hundred twenty-nine (Pamphlet Laws 1794), entitled "An act permitting the district attorney or any assistant district attorney to be present during the presentation of all matters to the grand juries in their sessions in the several third class counties of this Commonwealth, lay before them matters upon which they are to pass, and to aid them in their examination of witnesses", absolutely.The act, approved June twenty-three, one thousand nine hundred thirty-one (Pamphlet Laws 929), entitled "An act fixing the qualifications of deputy sheriffs in this Commonwealth", as to counties of the third to the eighth class.The act, approved March seventeen, one thousand nine hundred thirty-three (Pamphlet Laws 14), entitled "An act fixing the salary of sheriffs in counties of the seventh class; providing for the payment for the care and maintenance of prisoners where the sheriff is the keeper or warden of the jail; providing for deputies and their compensation; requiring all fees and mileage earned by sheriffs in such counties to be paid into the county treasury for the use of the county; and prescribing penalties", absolutely.Section two of the act, approved May twenty-three, one thousand nine hundred thirty-three (Pamphlet Laws 948), entitled "An act to amend section one hundred thirty-six of the act, approved the second day of May, one thousand nine hundred and twenty-nine (Pamphlet Laws, one thousand two hundred seventy-eight), entitled 'An act relating to counties of the second, third, fourth, fifth, sixth, seventh and eighth classes; and revising, amending and consolidating the laws relating thereto', changing the procedure to create the office of county controller, including procedures where decrees have heretofore been entered", as to counties of the third to the eighth class.The act, approved July ten, one thousand nine hundred thirty-five (Pamphlet Laws 641), entitled "An act providing for the eradication of mosquitoes; authorizing the establishment of county mosquito extermination commission, after popular referendum, and the appointment of their members by the county commissioners; prescribing the powers and duties of such commissions", as to counties of the third to the eighth class.The act, approved June four, one thousand nine hundred thirty-seven (Pamphlet Laws 1595), entitled "An act relating to peace officers; providing for the qualifications and appointments of deputy sheriffs; regulating the manner of their selection and compensation; regulating the source of compensation for other peace officers; declaring void certain contracts inconsistent with the provisions hereof; providing penalties; and repealing inconsistent acts", as to counties of the third to the eighth class.The act, approved July one, one thousand nine hundred thirty-seven (Pamphlet Laws 2612), entitled "An act authorizing county commissioners of any county to hold in trust for the inhabitants and citizens of the county, any real estate and property appropriate for agriculture fairs or exhibits; and to lease the same, without expense or liability to the county, to any incorporated agriculture association to operate and conduct an annual fair within the county", as to counties of the third to the eighth class.The act, approved June fifteen, one thousand nine hundred thirty-nine (Pamphlet Laws 359), entitled "An act relating to recognizances and official bonds of present and future sheriffs and coroners and to their sureties thereon; imposing the expense of corporate suretyships on such obligations upon the several counties and various duties upon the courts of common pleas and county officers thereof; authorizing the substitution of approved surety companies for individual or corporate sureties upon such obligations and the release of any surety upon any such recognizance by such court upon certain conditions; dispensing with sureties on such recognizances but providing for the acknowledgment, recording and indexing of same as liens on certain real estate; regulating such liens and releases therefrom; providing for refunds to sheriffs and coroners of certain premiums paid to sureties on their official bonds and recognizances; and repealing inconsistent laws, except as to existing claims or pending suits thereunder, subject to certain limitations", as to counties of the third to the eighth class.The act, approved June twenty-one, one thousand nine hundred thirty-nine (Pamphlet Laws 649), entitled "An act authorizing counties to convey or lease property, needed or convenient as a site for a county courthouse, to the General State Authority; to acquire additional property for such purposes; and to contract with and lease property from said Authority", as to counties of the third to the eighth class.The act, approved May sixteen, one thousand nine hundred fifty-one (Pamphlet Laws 300), entitled "An act authorizing counties of the second and fourth classes to establish fire training schools for the paid and volunteer firemen of municipalities within the county", as to counties of the fourth class.(3901 renumbered June 18, 1997, P.L.179, No.18) Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.Section 3902. General Repeal.--All other acts and parts of acts general, local and special are repealed in so far as they are inconsistent herewith. (3902 renumbered June 18, 1997, P.L.179, No.18)Section 3903. Repeals Related to Article XXX.--(a) Article XXXI-B of the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," is repealed insofar as it would restrict or interfere with the making of grants to the Regional Renaissance Authority as authorized by section 3044(a)(4).(b) The definition of "redevelopment assistance capital project" in sections 1602-B and 1616.1-B(b) of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code," are repealed insofar as they would restrict or interfere with the provision of funding by the Commonwealth for the construction of regional destination facilities, as defined in section 3013, as redevelopment assistance capital projects.(c) The following acts and parts of acts are repealed insofar as they are inconsistent with Article XXX:Section 8(6) of the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act."The third sentence of section 1003(g) and the second sentence of section 1110(b) of the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."(d) All other acts and parts of acts are repealed insofar as they are inconsistent with Article XXX.(3903 added June 18, 1997, P.L.179, No.18) APPENDIX -------Supplementary Provisions of Amendatory Statutes------- 2013, JUNE 27, P.L.148, NO.27 Section 2. The amendment of section 2399.61(a)(1) of the act shall apply as follows to members appointed under section 2399.61(a)(1) of the act on the effective date of this section:(1) The amendment shall not shorten the term of a member serving on the effective date of this section.(2) A member serving on the effective date of this section shall complete the term which the member is currently serving as follows:(i) The term of the member whose term expired on or about December 31, 2009, shall expire on December 31, 2013.(ii) The term of the member whose term expired on or about December 31, 2010, shall expire on December 31, 2014.(iii) The term of the member whose term expired on or about December 31, 2011, shall expire on December 31, 2016.(3) The reduction of appointments from three to two shall apply as follows:(i) Except as otherwise set forth in this paragraph, to an office which is vacant on the effective date of this section.(ii) If there is no vacancy under subparagraph (i), to the office of the first member whose term expires after the effective date of this section. Compiler's Note: Act 27 amended section 2399.61. Section 3. The amendment of section 2399.61(a)(2) of the act shall apply as follows to members appointed under section 2399.61(a)(2) of the act on the effective date of this section:(1) The amendment shall not reduce the term of a member serving on the effective date of this section.(2) A member serving on the effective date of this section shall complete the term to which the member is currently serving as follows:(i) The term of the member whose term expired on or about December 31, 2010, shall expire December 31, 2014.(ii) The terms of the two members whose terms expire on or about December 31, 2013, shall expire December 31, 2013.(iii) The term of the member whose term expired on or about December 31, 2012, shall expire December 31, 2016.(3) The seven appointments made by the county council under the amendment shall be as follows:(i) Two initial appointments to fill two of the vacancies created by the amendment of section 2399.61(a)(2) of the act shall be made after the effective date of this section for the following terms:(A) One term shall expire December 31, 2014.(B) One term shall expire December 31, 2015.(ii) One initial appointment to fill the vacancy created by the reduction of appointments from three to two from the amendment of section 2399.61(a)(1) of the act and by the increase in appointments from four to seven from the amendment of section 2399.61(a)(2) of the act shall be made promptly after the reduction occurs under the transitional provisions of section 2 of this act for a term that shall expire December 31, 2015.(iii) The remaining four initial appointments shall be made to fill the vacancies resulting from the expiration of the terms under paragraph (2).(iv) Subsequent appointments shall be made under section 2399.61(a)(2) of the act. 2016, APRIL 20, P.L.134, NO.18 Section 4. Nothing in this act shall be construed to require a county that has imposed a tax under the former section 1770.2 or 1770.6 of the act to enact a new ordinance to impose the tax under section 1770.10 of the act if all of the following apply:(1) The tax rate in the ordinance imposing the tax under the former section 1770.2 or 1770.6 of the act has not changed.(2) The ordinance imposing the tax under the former section 1770.2 or 1770.6 of the act is otherwise consistent with section 1770.10 of the act. Compiler's Note: Act 18 amended, added or repealed sections 102, 1770.2, 1770.5, 1770.6, 1770.10, 1770.11 and 1770.12. Section 6. The addition of section 1770.12 of the act is a continuation of 53 Pa.C.S. § 8721. Except as otherwise provided in section 1770.12 of the act, all activities initiated under 53 Pa.C.S. § 8721 shall continue and remain in full force and effect and may be completed under section 1770.12 of the act. Orders, regulations, rules and decisions which were made under 53 Pa.C.S. § 8721 and which are in effect on the effective date of section 1770.12 of the act shall remain in full force and effect until revoked, vacated or modified under section 1770.12 of the act. Contracts, obligations and collective bargaining agreements entered into under 53 Pa.C.S. § 8721 are not affected by the repeal of 53 Pa.C.S. § 8721.