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HOUSE AMENDED
A09274
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1005
Session of
2017
INTRODUCED BY EICHELBERGER, McGARRIGLE, HUTCHINSON, BLAKE AND
SCHWANK, DECEMBER 28, 2017
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 20, 2018
AN ACT
Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
"An act relating to counties of the first, 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," making extensive
revisions relating to preliminary provisions; names and
corporate powers, classification of counties; fixing and
relocating lines and boundaries; county officers; county
commissioners and chief clerks; controller; auditors;
treasurer; county solicitor; engineer; sheriff and coroner;
prothonotary, clerks of court, clerk of orphan's court,
register of wills, recorder of deeds; district attorney,
assistants and detectives; salaries of county officers; fees
of salaried county officers, salary boards, payment of
solicitors appointed by county officers; fiscal affairs;
contracts and special powers and duties of counties; public
health; aeronautics; grounds and buildings; eminent domain
and injury to property; recreation places; bridges, viaducts
and culverts and roads; providing for military and veterans
affairs; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of August 9, 1955 (P.L.323,
No.130), known as The County Code, is amended to read:
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AN ACT
Relating to counties of the first, second class A, third,
fourth, fifth, sixth, seventh and eighth classes; amending,
revising, consolidating and changing the laws relating
thereto; relating to imposition of excise taxes by counties,
including authorizing imposition of an excise tax on the
rental of motor vehicles by counties of the first class; and
providing for regional renaissance initiatives.
Section 2. Section 102 of the act, amended April 20, 2016
(P.L.134, No.18), is amended to read:
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[, second A,] 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.
Section 3. The act is amended by adding a section to read:
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
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recreation centers.
"Street." A street, road, lane, court, cul-de-sac, alley,
public way or public square.
Section 4. Sections 103, 104, 105, 106, 107 and 108 of the
act are amended to read:
Section 103. Excluded Provisions.--This act does not include
any provisions of, and shall not be construed to repeal:
(1) [The Municipal Borrowing Law, approved June twenty-five,
one thousand nine hundred forty-one (Pamphlet Laws 159)] 53
Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
borrowing).
(2) [The Pennsylvania Election Code,] 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).
(4) The Local Health Administration Law, approved August
twenty-four, one thousand nine hundred fifty-one (Pamphlet Laws
1304).
(5) [The Municipal Unclaimed Moneys Act, approved May
seventeen, one thousand nine hundred forty-nine (Pamphlet Laws
1403).] Article XIII.1 of the act of April 9, 1929 (P.L.343,
No.176), known as "The Fiscal Code."
(6) [Any] Except where otherwise expressly provided, any law
relating to the collection of municipal and tax claims.
(7) [Except as provided under subdivision (e) of Article
XVII, any] 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 [utility corporations] utilities.
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(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 [section two thousand nine
hundred one] 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) [The Public Utility Law, approved May twenty-eight, one
thousand nine hundred thirty-seven (Pamphlet Laws 1053)] 66
Pa.C.S. Pt. I (relating to public utility code).
Section 104. Saving Clause.--(a) The provisions of this
act, as far as they are the same as those of existing laws,
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shall be construed as a continuation of such laws, and not as
new enactments. The repeal by this act of any provisions of law,
shall not revive any law [heretofore] previously repealed or
superseded, nor affect the existence or class of any county
[heretofore] 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 [such] the repealed laws.
(b) All ordinances, resolutions, regulations and rules, made
pursuant to any act [of Assembly] repealed by this act, shall
continue with the same force and effect as if [such] the act had
not been repealed. All local acts [of Assembly] applying to
particular counties, not specifically repealed, shall continue
in force, and any provisions of this act inconsistent
[therewith] with local laws shall not apply to the counties
affected by [such] the local laws, unless [such] the application
is clearly indicated.
(c) All acts and parts of acts [of Assembly] relating to
counties, or to particular classes of counties, in force [at the
time of the adoption of this act] as of January 1, 1956, and not
repealed [hereby] 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
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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.
Section 105. Holding of Office.--Any person holding elective
office under any act [of Assembly] repealed by this act shall
continue to hold [such] the office until the expiration of the
person's term [thereof], subject to the conditions and salary
attached to [such] the office prior to the passage of this act.
Section 106. Construction of References.--Whenever in this
act reference is made to any act [by title, or name, such], 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.
Section 107. Constitutional Construction.--The provisions of
this act shall be severable, and, if any of its provisions are
held to be unconstitutional, the decision of the court shall not
affect the validity of the remaining provisions of this act. It
is hereby declared as a legislative intent that this act would
have been adopted by the General Assembly had [such] the
unconstitutional provisions not been included [therein] within
this act.
Section 108. Legislation According to Class.--The affairs of
counties [are herein and shall hereafter] shall be legislated
for and regulated by general laws, applicable to all counties,
or to particular classes, as [herein] fixed and appointed by
this act. All laws adopted by the General Assembly for one or
more of the classes [herein] fixed and appointed by this act
shall be deemed to be general laws.
Section 5. The act is amended by adding a section to read:
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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.
Section 6. Section 109 of the act is amended to read:
Section 109. Proceedings for Recovery of Penalties.--Unless
[herein] otherwise specifically provided[, in every case in
which] 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 [quarter sessions] common
pleas, or by civil action as debts of equivalent amount are by
law recoverable. [Aldermen or justices of the peace] 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
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court of common pleas, shall have preference for trial over all
other actions.
Section 7. The act is amended by adding a section to read:
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.
Section 8. Sections 110, 202, 210, 211, 301, 302, 303, 304,
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305, 306, 401, 402 and 403 of the act are amended to read:
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, [such]
the publication shall be made in a newspaper of general
circulation as defined [by the act, approved May sixteen, one
thousand nine hundred twenty-nine (Pamphlet Laws 1784), known as
the "Newspaper Advertising Act,"] 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 [such] the advertisement
shall be published in a newspaper printed in [such] the
political subdivision, if there is such a newspaper and, if not,
then in a newspaper circulating generally in [such] the
political subdivision. If [such] notice is required to be
published in more than one newspaper, it shall be published in
at least one newspaper of general circulation[, defined as
aforesaid], printed, if there [be] is such a newspaper, or
circulating generally in the county, as [above] provided [in the
county] above.
(b) When [such] 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, [such] 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 [such] the publication [be] 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
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supplies, shall be published only in newspapers of general
circulation[, as hereinbefore defined].
(c) Nothing in this act shall preclude the publication of
notices by means other than in a newspaper to the extent
authorized by law.
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 [such] real and personal property as shall be deemed
to be for the best interests of the county.
(4) Make contracts for carrying into execution the laws
relating to counties and for all lawful purposes.
(5) Have and use a seal which shall be in the custody of the
commissioners [thereof]. The official acts of the commissioners
shall be authenticated [therewith] with the seal. The
commissioners may prescribe the form of [such] the seal.
(6) To make appropriations for any purpose authorized by
this or any other act of the General Assembly.
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
[800,000] 1,000,000 and more but less than 1,500,000
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inhabitants.
(2.1) Second Class A Counties, those having a population of
500,000 and more but less than [800,000] 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 [Board of County Commissioners] 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 [Board of
County Commissioners] 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.
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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
[hereinafter provided, deducting therefrom] 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 [such] decennial census
that [any] 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 [heretofore or
hereafter] decreased in population so as to recede in
classification, as [herein prescribed] 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
[board of county] commissioners on or before the first day of
October of the year succeeding [that] the year in which the
census was taken [or as soon thereafter as may be], which
certificate shall be forwarded by the commissioners to the
recorder of deeds and be recorded in [his] 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
[such] 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
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decade.
(c) Changes of class ascertained and certified [as
aforesaid] shall become effective on the first day of January
next following the year in which the change was [so] certified
by the Governor to the county commissioners but the salaries of
county officers shall not [thereby] be increased or decreased
during the term for which they shall have been elected. In the
municipal election following [such] the certification of change
of class and preceding the effective date of [such] 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 [such] a change of
classification.
Section 301. Petition to [Superior] Commonwealth Court.--(a)
The boundary line between any two or more adjoining counties may
be determined, surveyed, [relocated] established or marked in
the manner provided by this article.
(b) Such a proceeding shall be instituted on petition of any
taxpayer, the [county] commissioners or the [corporate
authorities] governing body of any political subdivision of any
of the counties involved.
Section 302. [Superior] 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
[so designated] shall sit in its home county.
(b) If it appears to the [court so] designated court that
the county line, or any part thereof, shall be surveyed or
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marked, it shall appoint a boundary commission, composed of
three surveyors or professional engineers [in civil
engineering,] 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.
Section 303. Compensation, Assistants and Expenses.--(a)
The surveyors or professional engineers [in civil engineering]
composing [such] 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[, in addition
thereto,] shall also be reimbursed the necessary expenses
incurred by them respectively while engaged upon the work of
[such] the commission.
(b) The boundary commission may employ such assistants as
the court shall allow, at a compensation to be fixed by the
court[, and such assistants shall be reimbursed the actual
necessary expenses incurred by them respectively while employed
by such commission]. 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 [needful] necessary to mark [in a permanent manner
such] 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
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verified by affidavit of the person claiming payment or [some
one on his] someone on the person's behalf.
Section 304. Oath; Organization and Duties.--(a) The
members of the boundary commission shall take and subscribe [an
oath to perform their duties impartially and with fidelity] 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. [Before
entering upon its duties, it shall designate, by advertisement]
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
[such] the hearing, it shall, without unreasonable delay,
ascertain the location, and survey and mark with [suitable]
permanent monuments [of a permanent character] the existing
county line between such counties[, if it shall consider such
old county line a proper one].
Section 305. Authority to Fix [New] Undetermined County
Line.--(a) When the boundary commission [has ascertained,
located and determined said line, if it appears to it that the
existing county line, from any cause whatever, has become
inconvenient for any purpose, or improper, difficult to
ascertain, or not related to the natural or other land marks,
the commission] cannot determine, ascertain or locate the
existing county line, it shall so report [these facts, or any of
them,] to the court of [quarter sessions having appointed the
commission] common pleas, with a recommendation that a new
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county line be established in whole or in part.
(b) [Thereupon, if said] If the court shall be of opinion
that it is [to the interest and advantage of the respective
counties] necessary that a new county line be established, [they
may] it shall direct [said] the boundary commission to fix and
determine a new county line [and], to mark the same with
[suitable] permanent monuments [of a permanent character] and to
prepare the report as provided in section 306.
[(c) Notice shall be given to the counties interested, and
to the owners of all lands which will be affected by the
proposed change, of the time when the recommendation of the
commission for a new county line will be considered by the
court.]
Section 306. Report of Boundary Commission; Approval by
Court; Certification of Line.--(a) The boundary commission[, or
a majority thereof, shall make a report, in writing, and attach
thereto] 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[, in lieu thereof,] 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 [or a majority of them], shall be filed in the
court of [quarter sessions] common pleas having been given
jurisdiction, and if approved by such court, shall be ordered
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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 [clerk of the court] prothonotary to the [clerk of the
court of quarter sessions] prothonotary of each county affected,
where it shall be recorded in the records. The line so
ascertained, surveyed and fixed and so marked shall
[thenceforth], as of the date of the certification, be the
boundary line between the counties.
(c) The [clerk of the court of quarter sessions]
prothonotary, having determined the matter, shall certify the
approval of the court on two copies of the report and map filed
in [this] the prothonotary's office and, within thirty days,
transmit a copy by mail to the Secretary of [Internal Affairs,
to be by him deposited in his department, and another to the
Department of Highways] Community and Economic Development, the
Department of Transportation and the Department of Conservation
and Natural Resources.
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.
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(4) One coroner.
(5) One recorder of deeds.
(6) One prothonotary.
(7) One clerk of the court of [quarter sessions and of the
court of oyer and terminer] common pleas.
(8) [One] 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) [All] 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 [such]
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
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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.
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(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.
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 [city, borough, town or township of any class, nor
as treasurer or tax collector of any city, borough, incorporated
town or township,] 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
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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
[United States Reserve Officers or enlisted personnel] members
of the National Guard or other reserve component of the armed
forces not called into active duty.
Section 403. Oath of Office.--(a) In addition to any oath
or affirmation required by any other act of Assembly, all county
officers, their deputies, assistants and clerks, shall, before
entering on the duties of their respective offices or
employments, take and subscribe the [following oath or
affirmation: "I do solemnly swear (or affirm) that I will
support, obey and defend the Constitution of the United States,
and the Constitution of this Commonwealth; and that I will
discharge the duties of my office (or employment) with fidelity;
that I have not paid or contributed, or promised to pay or
contribute, either directly or indirectly, any money or other
valuable thing to procure my nomination or election (or
appointment), except for necessary and proper expenses expressly
authorized by law; that I have not knowingly violated any
election law of this Commonwealth, or procured it to be done by
others in my behalf; that I will not knowingly receive, directly
or indirectly, any money or other valuable thing for the
performance or non-performance of any act or duty pertaining to
my office (or employment) other than the compensation allowed by
law".] 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
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of the prothonotary of the county in which the same is taken.
Any person refusing to take said oath or affirmation shall
forfeit his office. Any person who shall be convicted of having
sworn or affirmed falsely, or of having violated said oath or
affirmation, shall be guilty of perjury.[, and shall be subject
to such penalties as are provided therefor in the act, approved
June twenty-four, one thousand nine hundred thirty-nine
(Pamphlet Laws 872), known as The Penal Code, and be forever
disqualified from holding any office of trust or profit within
this Commonwealth.]
Section 9. Section 403.1 of the act is repealed:
[Section 403.1. Compensation When Salary Not Fixed by Law.--
In counties where no annual salary is fixed by law for the
county treasurer, he shall receive in full compensation for his
services on behalf of the county a certain amount per centum on
all moneys received and paid by him, which rate shall be
settled, from to time, by the county commissioners with the
approbation of the county auditors.]
Section 10. Sections 404, 405, 406, 407, 408, 409, 410 and
411 of the act are amended to read:
Section 404. Officers to Have Commissions Recorded.--Every
county officer receiving a commission from the Governor shall,
immediately, deliver the same to the recorder of deeds for
recordation [at the expense of such officer]. No [such] officer
shall execute any of the duties of [his] office until [he has so
delivered the said commission] the commission has been
delivered.
Section 405. Location of Offices, Records and Papers.--(a)
The commissioners, auditors, controller, treasurer, sheriff,
recorder of deeds, prothonotary, clerk of courts [of quarter
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sessions and oyer and terminer], clerk of orphans' court,
register of wills[, recorder of deeds] and district attorney
shall keep their respective offices, and all public records and
papers [belonging thereto] of those offices, at the county seat,
and in such buildings as may be erected or appropriated for such
purpose.
(a.1) The [county] commissioners shall have the power to
keep and maintain records and to contract with persons, for
storage, retrieval, and transmission of county records within or
outside the county except that no records shall be stored
outside the county seat without the approval of the [president
judge and the] officer in charge of the office to which the
records belong. The approval of the president judge shall be
required if records are in the custody of agencies of the court
of common pleas, the clerk of courts, the prothonotary, the
register of wills and the clerk of the orphans' court. Public
records stored outside of the county seat shall be made
accessible to the general public at the county seat by [means of
an electronic telecopying system] any electronic means or
facility which will permit the retrieval of the records or exact
copies thereof within [three] 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
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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 [county] commissioners shall, after consultation
with the officer, furnish each [of such officers] 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 [person] officer failing or refusing to maintain
[his] the office and to keep all public records and papers
[belonging thereto] 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 [he]
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.
Section 406. Records Open to Inspection.--[(a) The minute
book and other fiscal records and documents of every county may
be open to the inspection of any taxpayer thereof, but the
proper officers may make reasonable rules and regulations
respecting the time of such inspection.
(b) In case any officer shall refuse to permit the
inspection of any fiscal record or document the taxpayer may, by
petition to the court of common pleas of the county, set forth
his reasons for desiring to make such inspection, and, if the
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court deems such reasons proper, it shall order the officer to
permit the inspection to be made.] 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."
Section 407. Officers to Secure Funds, Records, Books, Et
Cetera, from Predecessors.--(a) Any person, elected or
appointed, and duly commissioned to any county office, shall
demand and receive all records, books, drafts, plans, papers,
seals or other official things, including all public funds held
in [such] the office, and not otherwise provided for by Article
XIII.1 of the [act, approved May seventeen, one thousand nine
hundred forty-nine (Pamphlet Laws 1403), known as the Municipal
Unclaimed Moneys Act,] act of April 9, 1929 (P.L.343, No.176),
known as "The Fiscal Code," belonging to [such] the office from
the person or persons who held the office immediately before
[his] 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
[such] an office after reasonable demand [therefor] 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 [his] 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.
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Section 408. Deputies to Act in Certain Cases.--(a)
Whenever any county officer is authorized or required to appoint
a deputy or deputies, such deputy or principal deputy, where
there are more than one, shall, during the necessary or
temporary absence of [his] 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 [he] that person has first taken oath and filed the
bond required of the principal officer.
Section 409. Vacancies Not Otherwise Provided For.--[In] (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 [the provisions of] this act, to fill the
vacancy, it shall be the duty of the Governor to appoint a
suitable person to fill such office, who shall continue
[therein] to hold and discharge the duties [thereof] 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
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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."
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
[therefor,] to the head of any department of the State
government [such] information and copies of [such] records or
documents contained in their respective offices, as in the
opinion of [such] the head of department may be necessary or
pertinent to the work of [his respective] 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 [Affairs] and Economic Development such information
as may be requested by it.
Section 411. Penalty for Neglect or Refusal to Perform
Duties.--If any county officer neglects or refuses to perform
any duty imposed on [him] the officer by the provisions of this
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or any other act, [or by the provisions of any other act of
Assembly,] or by any rule of court, [or other provision of law,
he] the officer shall, for each [such] neglect or refusal, be
guilty of a misdemeanor, and, on conviction thereof, shall be
sentenced to pay a fine not exceeding five hundred dollars
($500).
Section 11. Section 412 of the act is repealed:
[Section 412. Absconding Officers.--The office of any county
officer absconding from the county shall be vacant to all
intents and purposes.]
Section 12. Sections 413 and 414 of the act are amended to
read:
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 [he] 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
[his] 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.
Section 414. Mileage of County Officials and Employes.--All
county officials and employes may, when authorized by the county
commissioners, be reimbursed [at the rate of twelve cents (12¢)
per mile for the use of their personal vehicle when discharging
their official duties or performing a duty imposed upon them
unless provisions of law require the payment of a higher rate]
in accordance with the act of July 20, 1979 (P.L.156, No.51),
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referred to as the Uniform Mileage Fee Law.
Section 13. The act is amended by adding sections to read:
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).
Section 416. Solicitors to County Officers Other Than
Commissioners.--(a) Each of the following officers may
designate and appoint a person who shall be SOLICITOR licensed
to practice law in this Commonwealth to act as solicitor to that
officer: 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).
Section 14. Sections 440, 442, 443, 444, 445, 446, 460, 502,
503, 504, 507, 508, 509, 521, 601, 602 and 603 of the act are
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amended to read:
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 [of quarter
sessions].
(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.
Section 442. Deputies and Solicitors May Attend Annual
Meetings.--[The deputy controller, the deputy sheriff, the
deputy register of wills, the deputy clerk of orphans' court,
the deputy treasurer, the deputy prothonotary, the deputy clerk
of the courts of quarter sessions, the first assistant district
attorney, one assistant public defender and the deputy recorder
of deeds and the chief deputy coroner, with the approval of his
principal, and the solicitor for each officer, may attend the
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annual meetings of his respective associations either together
with the controller, sheriff, register of wills, treasurer,
prothonotary, clerk of the courts of quarter sessions, district
attorney, public defender, recorder of deeds or coroner as the
case may be or in his place.] 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.
Section 443. County Payment for Expenses of Attending
Members [to be Paid by County]; Time Limit on Meetings.--(a)
The actual expenses of all authorized elected county officers
attending the annual meetings of their associations shall be
paid by the [several counties] county out of the general county
fund. Each of [these] the officers, except the county
commissioners, shall be reimbursed for actual expenses not to
exceed [one hundred seventy-five dollars ($175)] two hundred
twenty dollars ($220) per day for the number of days specified
in subsection (b) of this section, together with mileage going
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to and returning from such meeting and the registration fee. The
sum of [one hundred seventy-five dollars ($175)] 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 [several counties] county
out of the county general fund. Each of these officers may be
reimbursed for actual expenses in an amount not to exceed [one
hundred seventy-five dollars ($175)] 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 [one hundred seventy-five dollars ($175)] 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 [one hundred seventy-five dollars ($175)]
two hundred twenty dollars ($220) per day for each day not in
excess of two in going to and returning from such meeting. The
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sum of [one hundred seventy-five dollars ($175)] 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.
Section 444. Other Meeting Expenses Paid by Counties.--(a)
In addition to the expenses [hereinbefore] 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 [several] 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 [and coroners,
the portion of the annual expenses charged to each county of the
third and fourth class shall not exceed six hundred dollars
($600), to each county of the fifth and sixth class, five
hundred dollars ($500), to each county of the seventh and eighth
class, four hundred dollars ($400), and in], 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
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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 [ten dollars ($10)] 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.
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
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regulations of the association.
(b) Such annual apportionments of expenses shall be as
approved at each annual [convention] 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.
Section 446. Associations and Organizations Concerned with
Governmental Affairs.--The [county] commissioners of any county
may[, by resolution,] join associations and organizations
concerned with county or governmental affairs, other than the
[Pennsylvania State Association of County Commissioners] County
Commissioners Association of Pennsylvania, may pay dues to such
associations and organizations and may send delegates to
meetings or [conventions] conferences of such associations and
organizations and pay the necessary expenses incident to their
attendance at such meetings or [conventions] conferences.
The county commissioners of any county may [by resolution]
authorize any county official and [his] 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 [convention] 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 [his]
expenses [thereat] related to the event, including traveling
expenses or mileage, which the county commissioners may have
agreed to pay.
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Section 460. Meetings Open to Public.--[(a)] All meetings,
regular and special, of the board of county commissioners and of
all boards, commissions and authorities, created by or operating
as agencies of a county, are hereby declared to be public
meetings [open to the public at all times.
(b) Nothing contained in this section shall prevent the
county commissioners or any such board, commission or authority
from holding executive sessions from which the public is
excluded, but no final official action shall be taken as to any
proposed or existing resolution, ordinance, rule or regulation,
or part thereof, at such an executive session.] subject to the
provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).
Section 502. Organization.--The [county] commissioners shall
meet on the first Monday of January, in the year one thousand
nine hundred and fifty-six, and on the first Monday of January
every fourth year thereafter, in the office provided for them at
the county seat for the purpose of organization. If the first
Monday is a legal holiday, the meeting shall be held the first
day following.
Section 503. Meetings, Regular and Special; Conduct of
Meetings; Notices.--(a) The [county] commissioners shall adopt
rules for the conduct and order of business[, establishing also]
and establish regular times and places of meeting. A copy of
[such] 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 [thereat] at the meeting, unless [such] the notice
[be] is waived by [him] the commissioner in writing or by
attendance at [such] the special meeting.
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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 [in pursuance of notice or according to adjournment]
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 [county] commissioners, it shall
be done by at least two of the commissioners and attested by the
chief clerk who shall affix the county seal thereto.
Section 507. Expenses.--The [county] commissioners shall be
allowed their expenses, necessarily incurred and actually paid,
in the discharge of their official duties, or in the performance
of any service, office, or duty imposed upon county
commissioners.
Section 508. Office Furniture, Stationery, Etc.--(a) The
[county] commissioners, at the cost of the county, shall
purchase and provide the office furniture, equipment and
supplies, blank books, [blanks,] blank dockets, books for
records, stationery, postage, [fuel, light and janitor and
telephone service,] 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 [county] commissioners, at the cost of the county,
shall purchase and provide all of the same items as needed for
each of the county officers whose offices are not required by
law to be kept and maintained in county buildings or at the
county seat.
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(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 [such] the items shall have an opportunity to state in
writing [his] preferences as to the type and make of [such
articles or any of them] the items. The commissioners shall,
when feasible, purchase and supply to each officer [his
preference in such articles] the preferred item when such
preference has been given.
Section 509. Ordinances and Resolutions.--(a) The [board
of] commissioners may adopt resolutions and ordinances
prescribing the manner in which powers of the county shall be
carried out and generally regulating the affairs of the county.
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 [such] proposed ordinances, unless otherwise
provided by law, shall be published at least once in one
newspaper of general circulation in the county not more than
sixty days nor less than seven days prior to passage. Public
notices of any proposed ordinance shall include either the full
text [thereof] 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 [a] the same newspaper of general circulation in
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[the county at the time] 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, [upon enactment,] the
commissioners shall [within ten days], 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. [Such ordinances] 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 [board of county] 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
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the [board of county] commissioners pursuant to this section
shall, upon conviction thereof at a summary proceeding, be
sentenced to pay such fine as may be prescribed in such
ordinances by the [county] 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.
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 [his office as] the
office of chief clerk.
(b) [He] The chief clerk shall have general power to
administer oaths and affirmations[,] pertaining to the business
of the office of the county commissioners.
Section 601. Election and Term; Seal.--(a) At the municipal
election immediately preceding the expiration of the term of the
controller [now] 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 [his] the controller's election, or
until [his] a successor shall be qualified[, if he so long shall
behave himself well].
(a.1) In counties of the second class A, a controller shall
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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 [his] the office by the county commissioners of
the county, which shall be used for the attestation of all
official papers.
Section 602. Eligibility.--(a) No person holding office
under the United States shall be eligible to the office of
county controller during [his] continuance in such office, nor
until one year thereafter.
(b) The county commissioners, county treasurer,
prothonotary, register of wills, clerk of the courts, recorder
of deeds, sheriff and district attorney, and their chief clerks
or deputies, shall be ineligible, during their continuance in
such office and for two years thereafter, to the office of
county controller.
(c) The controller shall always be eligible to reelection or
appointment.
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 [his] 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,
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who shall possess and discharge all the rights, powers and
duties of the principal deputy controller during [his necessary
or] the principal deputy controller's and the controller's
temporary absence.
Section 15. Section 604 of the act is repealed:
[Section 604. Solicitor to the Controller.--The county
controller may designate and appoint one person, learned in the
law, to act as his solicitor. Such solicitor shall advise upon
all such legal matters as may be submitted to him, and shall
conduct any litigation desired by the county controller. He
shall hold office at the pleasure of the controller.]
Section 16. Sections 605, 606, 607, 701, 702 and 703 of the
act are amended to read:
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. [Such] 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.
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(c) If the majority of electors voting on the question shall
vote in favor of establishing the office of county controller,
[such] 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.
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 [his]
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 [his] office,
whereupon the office of county auditor shall be abolished and
cease to exist in said county.
Section 607. Expenses.--The county controller and [his] 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.
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
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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, [by the appointment of an
elector who voted for the auditor whose place is to be filled.]
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.
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 or be employed in any office of the county,
the county institution district, any school district, any board
of health or any municipality authority of which the county is a
member.] 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.
Section 703. Meetings; Quorum.--(a) The auditors shall
[assemble] meet at the county seat on the first Monday of
January in each year[, and begin] for the purpose of organizing
and to begin their audit of the fiscal affairs of the county for
the fiscal year immediately preceding.[, and thereafter, at such
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times as they may find necessary for the completion of their
audit before the first day of the following July. They may, upon
petition to the court of common pleas, have such additional time
for the completion of their report as the court shall allow.]
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.
Section 17. Section 704 of the act is repealed:
[Section 704. Counsel.--The auditors may employ a competent
attorney-at-law to act as their counsel and attorney.]
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Section 18. Sections 805, 806 and 806.1 of the act are
amended to read:
Section 805. Misapplication of Funds Collected for Specific
Purposes.--Whenever any moneys are collected by law in any
county [for any special purpose, and paid into the hands] and
are in the possession or control of the treasurer of [such] the
county, it shall be unlawful for [such] the treasurer to apply
such moneys, or any part thereof, to any other purpose than that
for which [such] the moneys were collected unless otherwise
authorized by law. Every such misapplication shall [be a
misdemeanor, upon conviction thereof such treasurer shall be
punished by a fine of not less than the amount so misapplied, or
by imprisonment for not less than three months nor more than one
year, or both.] constitute a violation of 18 Pa.C.S. § 3927
(relating to theft by failure to make required disposition of
funds received).
Section 806. Deputy Treasurer.--The county treasurer is
[hereby] authorized to appoint a deputy county treasurer who
shall perform such duties as shall be prescribed by the county
treasurer.
Section 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 [his necessary or] the
principal deputy treasurer's and treasurer's temporary absence.
Section 19. Section 807 of the act is repealed:
[Section 807. Solicitor to County Treasurer in Third,
Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--In
counties of the third, fourth, fifth, sixth, seventh and eighth
classes, the county treasurer is authorized to appoint one
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person, learned in the law, as his solicitor. The solicitor
shall advise upon all legal matters that may be submitted to him
and shall conduct any litigation when requested so to do by the
treasurer.]
Section 20. Sections 901, 902, 903, 904, 1001 and 1002 of
the act are amended to read:
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. [He shall, before]
Before entering upon the duties of [his] 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.
Section 902. Duties.--[He] 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 [him] the
solicitor by the commissioners.
Section 903. Employes in [Third Class] Certain Counties.--In
counties of the second class A and third class, the county
solicitor may, with the consent of the county commissioners,
employ [a stenographer as an assistant in his office] clerks or
assistants as may be necessary in the discharge of the
solicitor's duties.
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Section 904. Assistant County Solicitors.--[The] (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 [to him] 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.
Section 1001. County Engineer; Appointment; Term.--The
[county] commissioners of any county may appoint a professional
engineer in civil engineering[, who shall be styled] or an
engineering firm as the county engineer. [Such] The engineer
shall serve at the pleasure of the commissioners.
Section 1002. Duties.--The county engineer shall:
(1) prepare plans, specifications, and estimates of all
engineering work undertaken by the county, and, whenever
required, shall furnish the commissioners with reports,
information, or estimates on any such work and, in general,
shall perform all [such] duties with reference to any county
engineering work as the county commissioners may from time to
time prescribe.
(2) perform all duties relating to surveying as may be
assigned [to him] by the county commissioners or by law; and
(3) perform all duties heretofore imposed on county
surveyors.
Section 21. Article XII of the act is repealed:
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[ARTICLE XII
SHERIFF AND CORONER
(a) Sheriff
Section 1201. Unfinished Business of Outgoing Sheriff.--(a)
It shall be the duty of every outgoing sheriff, to deliver all
unfinished and unexecuted writs and process whatsoever to his
successor whose duty it shall be to receive and execute the same
as if said writs and process had been originally issued and
directed to him, and to carry out and complete all other
official duties of his predecessor.
(b) Whenever any real estate shall be sold under any
execution by a sheriff who shall, in any lawful manner, be
succeeded in office before any deed shall be executed and
acknowledged by him in due form of law for such real estate, his
successor in office shall have the same power and be under the
same duty to execute and acknowledge a deed for such real estate
to the purchaser thereof as the sheriff selling such real estate
under execution if he were still in office, which deed so
executed shall be as effectual in law as if the title had been
completed by the former sheriff.
(c) No court order shall be necessary in any event to
authorize an incoming sheriff to carry out his duties as
prescribed by this act.
Section 1202. Sheriff May Act by Deputy.--Whenever the
sheriff is or shall be required by law to act in person under or
by virtue of any writ or process whatsoever issued by the courts
of this Commonwealth, he may act either in person or by a
regularly appointed deputy sheriff.
Section 1203. Chief Deputy; Compensation.--The sheriff of
each county shall appoint, by commission duly recorded in the
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office for recording deeds, a chief deputy, whose appointment
shall be revocable by the sheriff at pleasure on recording in
said office a signed revocation thereof. The chief deputy,
during his continuance in office, shall have full power and
authority to perform any duty incumbent upon such sheriff, with
like effect in law as if such official act had been done by the
sheriff in person, regardless of the ability or temporary
disability of such sheriff to act, while such sheriff continues
in office. Nothing in this section shall operate to relieve such
sheriff or his sureties from liability upon their official bond.
Section 1204. Real Estate Deputies in Counties of the Third
and Fourth Classes.--In counties of the third and fourth
classes, the sheriff may have a real estate deputy to take
charge of all matters relating to sheriff's sales of real estate
and distributions of the proceeds thereof, whose appointment
shall be made and be revocable as hereinbefore provided for the
chief deputy. Such deputy shall have full power to perform all
duties incumbent upon the sheriff in like manner as his chief
deputy with like effect in law as if such official acts had been
done by the sheriff in person. Such duties shall include the
execution and acknowledgment of sheriff's deeds for real estate
upon receipt of the purchase price thereof. Nothing in this act
shall operate to relieve the sheriff or his sureties from
liability upon their official bonds but such liability shall
continue as heretofore.
Section 1205. Deputies and Clerks.--The sheriff of each
county may appoint such deputies and clerks as may be necessary
to properly transact the business of his office. He may revoke
the appointment of deputies in the same manner as his chief
deputy. The sheriff may also appoint necessary special deputies,
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when any emergency arises, to assist him 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.
Section 1206. Deputy Sheriff's Qualifications.--A sheriff
shall not appoint any person a chief deputy or any other deputy
sheriff unless the sheriff files with the prothonotary, prior to
the appointment of such person, the name and photograph of such
person, together with an affidavit of such person setting forth
the following:
(1) His full name, age, and residence address.
(2) That he is a citizen of the United States, and eighteen
years of age or over.
(4) That he has never been convicted of a crime involving
moral turpitude under the laws of this Commonwealth, or of any
other state, or of the United States.
(5) That he has not, for a period of two years immediately
preceding the filing of such affidavit, acted either for himself
or as the agent or employe of another, in any labor dispute, or
hired himself out or performed any service as a private
detective, private policeman or private guard in any labor
dispute, or received any fee or compensation whatsoever for
acting as a private detective, private policeman or private
guard in any labor dispute, or conducted the business of a
private detective agency, or of any agency supplying private
detectives, private policemen or private guards, or advertised
or solicited any such business in this Commonwealth in
connection with any labor dispute.
Section 1207. False Statements in Deputy's Affidavit.--Any
false statement contained in any such affidavit shall constitute
perjury, and shall be punishable as such.
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Section 1208. Filed Items, Public Records.--The name,
photograph, and affidavit of any such person so filed with the
prothonotary, shall constitute a public record.
Section 1209. Public List of Applicants for Deputy
Sheriff.--The sheriff shall, from time to time, prepare a list
of the names of all persons who have applied for appointment as
deputy sheriff and who meet the qualifications hereinbefore
prescribed. Such list shall be posted in a public place for a
period of not less than ten days, and thereafter shall be filed
in the office of the prothonotary. No deputies shall be
appointed by the sheriff whose names do not appear on said list.
Section 1210. Private Services, Gifts and Payments,
Contracts, Prohibited.--(a) No sheriff, deputy sheriff,
detective or other county police officer whatsoever, shall
perform, directly or indirectly, any official services or
official duties for any person, association or corporation, or
receive, directly or indirectly, any compensation, gifts or
gratuities from any person, association or corporation during
the period of his official services. Nothing herein contained
shall prohibit such officers from serving writs and other legal
process as authorized by law. Any compensation payable to any
such officer for official duties and services shall be paid only
out of the 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) No county, or any official or agent thereof, shall
accept as a gratuity, gift or donation any arms, ammunition,
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military supplies, tear gas or equipment, or supplies or
articles of a similar character from, nor shall any such
gratuity, gift or donation be made by any person, association or
corporation.
(c) Any contract or agreement, whatsoever, made in violation
of the provisions of this section, shall be utterly void and of
no effect, in law or in equity, and is hereby declared to be
contrary to public policy.
(d) 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 employe. The county is not liable
for any damage resulting from an act of an individual acting
under this subsection.
Section 1211. Penalties.--Any sheriff, deputy sheriff or any
other county police officer, whatsoever, or any other official
of the county or any person, association or corporation,
violating any of the provisions of sections 1206, 1209 or 1210
of this act, shall be guilty of a misdemeanor, and, upon
conviction, shall be sentenced to pay a fine of not less than
one hundred dollars ($100) nor more than five hundred dollars
($500), or to undergo imprisonment for not less than ninety days
nor more than two years, or both.
Section 1212. Construction.--Nothing contained in sections
1206 or 1210 of this act, shall be construed to prohibit the
appointment, employment or compensation by any county in the
manner expressly provided by law of--(1) night watchmen, (2)
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railroad police, (3) bank police, (4) payroll police, (5)
special policemen to police and protect cemeteries and grounds
and buildings open to the public, or to enforce laws for the
prevention of cruelty to persons or animals, (6) fire police
whose only duty shall be to direct traffic and maintain order
to, at or from fires, (7) police or guards employed by nonprofit
corporations or organizations.
Section 1213. Solicitor in Third, Fourth, Fifth, Sixth,
Seventh and Eighth Class Counties.--In all counties of the
third, fourth, fifth, sixth, seventh and eighth classes, the
sheriff may appoint one person, learned in the law, as his
solicitor. Said solicitor shall advise the sheriff upon all
legal matters that may be submitted to him, and shall conduct
any litigation in connection with the sheriff's office when
requested so to do by the sheriff.
Section 1214. Chief Deputy Coroner to Act as Coroner in Case
of a Vacancy.--If any coroner shall be legally removed from his
office or shall die or resign before the expiration of the term
for which he was commissioned, the chief deputy coroner shall
execute the office of coroner and perform all things thereunto
appertaining and receive and retain for his own use the
compensation provided by law for coroners until another coroner
is commissioned and notice thereof is given to such chief deputy
coroner.
Section 1215. Sheriff to Keep Docket.--Every sheriff and
every coroner, acting as sheriff, shall provide and keep in his
office a book or books in which he shall enter all writs that
may come to him and the proceedings thereon, and, at the
expiration of his term of office, such book or books shall be
deposited in the office of the prothonotary for the inspection
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of all persons interested therein.
(b) Coroner
Section 1231. Deputies.--The coroner may appoint one or more
deputies to act in his place and stead, as he may deem proper
and necessary. Such deputy or deputies shall have the same
powers as the coroner.
Section 1232. Duties with Respect to County Morgues.--The
coroner of each county in which a county morgue is established,
shall make general rules and regulations for its government and
control, and shall appoint suitable persons for each morgue so
established to have charge of the same, and who shall be
removable at the pleasure of the coroner. The number of such
persons and the salary of each shall be fixed by the salary
board.
Section 1233. Removal of Bodies to Morgue.--Whenever the
body of any deceased person who is unidentified or which body is
unclaimed by proper persons has been found within the county, it
shall be removed to the county morgue or to a private morgue
serving in lieu thereof. The coroner shall, if he deems it
necessary, cause any such body to be properly embalmed or
prepared for preservation for such length of time as he may
think proper. Any such body shall be examined or inspected only
by such persons as the coroner authorizes in writing, or who are
admitted in his presence. No such body shall be removed from any
such morgue except upon the certificate of the coroner.
Section 1234. Ambulance.--In each county, the county
commissioners may furnish and maintain, from the general funds
of the county, an ambulance for the removal of bodies of
deceased persons to and from the morgue, and for the burial of
unclaimed bodies. The coroner may provide rules and regulations
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for the use and maintenance of the ambulance.
Section 1235. Unclaimed Property of Deceased; Sales.--(a)
The coroner shall safely keep in his charge all personal effects
and property which appear to have been on or about the person at
the time of his death, or being found on any decedent whose body
is received at the county morgue or at any other morgue serving
in lieu thereof, and all such effects and property which are
delivered to him according to law. The coroner shall hold such
property for one year, unless sooner claimed by legal
representatives of the deceased, or otherwise duly and lawfully
claimed or disposed of.
(b) After one year, the coroner shall cause such property
remaining unclaimed, or so much thereof as remains undisposed of
according to law, except moneys and such properties as
securities which may not be subject to such a sale, which shall
be turned over to the commissioners for proper disposition or
use, to be sold at public sale.
(c) Notice of any such public sale shall be published in at
least one newspaper of general circulation in the county once a
week for three successive weeks. The proceeds of all such sales
shall be paid immediately into the county treasury, and the
coroner shall make a written report thereof to the county
commissioners, under oath, at the same time. If the body has
been buried at the expense of the institution district, the
county shall pay the proceeds of sale, or such property as was
not subject to sale, as hereinbefore provided, less costs, over
to the institution district. The foregoing provisions shall be
in lieu of escheat to the Commonwealth.
Section 1236. Private Morgue May be Used.--In any county
where a county morgue is not maintained, the coroner may cause
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any body which he is authorized to admit to a county morgue to
be removed to a private morgue within the county, and, for the
use thereof, the owner shall be paid a sum to be established by
the salary board, to be paid in the same manner as fees of
coroner's jurors are paid.
Section 1236.1. Requests for Examinations and Reports.--(a)
Requests for examinations or other professional services by
other counties or persons may be complied with at the discretion
of the coroner pursuant to guidelines established by the county
commissioners.
(b) A set of fees and charges for such examinations or
professional services shall be established by the coroner,
subject to approval by the county commissioners, and shall be
accounted for and paid to the county treasurer pursuant to
section 1760. Payment for examinations or professional services
shall be the responsibility of the county or person requesting
such services.
(c) The coroner may charge and collect a fee of up to one
hundred dollars ($100) for each autopsy report, up to fifty
dollars ($50) for each toxicology report, up to fifty dollars
($50) for each inquisition or coroner's report and such other
fees as may be established from time to time for other reports
and documents requested by nongovernmental agencies. The fees
collected shall be accounted for and paid to the county
treasurer pursuant to section 1760 and shall be used to defray
the expenses involved in the county complying with the
provisions of the act of March 2, 1988 (P.L.108, No.22),
referred to as the Coroners' Education Board Law.
Section 1237. Coroner's Investigations.--(a) The coroner
having a view of the body shall investigate the facts and
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circumstances concerning deaths which appear to have happened
within the county, regardless where the cause thereof may have
occurred, for the purpose of determining whether or not an
autopsy should be conducted or an inquest thereof should be had,
in the following cases:
(1) sudden deaths not caused by readily recognizable
disease, or wherein the cause of death cannot be properly
certified by a physician on the basis of prior (recent) medical
attendance;
(2) deaths occurring under suspicious circumstances,
including those where alcohol, drugs or other toxic substances
may have had a direct bearing on the outcome;
(3) deaths occurring as a result of violence or trauma,
whether apparently homicidal, suicidal or accidental (including,
but not limited to, those due to mechanical, thermal, chemical,
electrical or radiational injury, drowning, cave-ins and
subsidences);
(4) any death in which trauma, chemical injury, drug
overdose or reaction to drugs or medication or medical treatment
was a primary or secondary, direct or indirect, contributory,
aggravating or precipitating cause of death;
(5) operative and peri-operative deaths in which the death
is not readily explainable on the basis of prior disease;
(6) any death wherein the body is unidentified or unclaimed;
(7) deaths known or suspected as due to contagious disease
and constituting a public hazard;
(8) deaths occurring in prison or a penal institution or
while in the custody of the police;
(9) deaths of persons whose bodies are to be cremated,
buried at sea or otherwise disposed of so as to be thereafter
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unavailable for examination;
(10) sudden infant death syndrome; and
(11) stillbirths.
(b) The purpose of the investigation shall be to determine
the cause of any such death and to determine whether or not
there is sufficient reason for the coroner to believe that any
such death may have resulted from criminal acts or criminal
neglect of persons other than the deceased.
(c) As part of this investigation, the coroner shall
determine the identity of the deceased and notify the next of
kin of the deceased.
Section 1238. Autopsy; Inquest; Records.--(a) If, upon
investigation, the coroner shall be unable to determine the
cause and manner of death, he shall perform or order an autopsy
on the body.
(b) If the coroner is unable to determine the cause and
manner of death following the autopsy, he may conduct an inquest
upon a view of the body, as provided by law. At the inquest, the
coroner's duty shall be to ascertain the cause of death, to
determine whether any person other than the deceased was
criminally responsible therefor by act or neglect, and if so,
the identity of the person, and to examine any further evidence
and witnesses regarding the cause of death.
(c) The proceedings at the inquest shall be recorded, at the
expense of the county, in a manner to be provided by the county
commissioners.
Section 1239. Sudden Deaths Defined.--The coroner shall
regard any death as sudden if it occurs without prior medical
attendance by a person who may lawfully execute a certificate of
death in this Commonwealth, or if, within twenty-four hours of
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death, the decedent was discharged from such medical attendance
or a change of such medical attendance had occurred, or if any
such medical attendance began within twenty-four hours of death
and the medical attendant refuses or is unable to certify the
cause of death. Medical attendance includes hospitalization.
The provisions of this section shall not be construed to
affect the coroner's discretion as to whether or not any death
was suspicious, nor shall they be construed to authorize a
coroner to investigate a sudden death any further than necessary
to determine the cause and manner of death.
Section 1240. Bodies not to be Moved.--In all cases where
the coroner has jurisdiction to investigate the facts and
circumstances of death, the body and its surroundings shall be
left untouched until the coroner has had a view thereof or until
he shall otherwise direct or authorize, except as may be
otherwise provided by law, or as circumstances may require.
Bodies upon a public thoroughfare or in other places may be
removed so much as is necessary for precaution against traffic
accidents or other serious consequences which might reasonably
be anticipated if they were left intact.
Section 1241. Release of Coroner's Jurisdiction.--Whenever
the coroner assumes jurisdiction of a body pursuant to the
provisions of this subdivision or of any other law, the body
shall not be released or removed from his jurisdiction except
upon his directions and consent, in accordance with law.
Section 1242. Cooperation with District Attorney.--In the
exercise of his duties as contained in this subdivision, the
coroner shall, so far as may be practicable, consult and advise
with the district attorney. The district attorney shall act as
counsel to the coroner in matters relating to inquests.
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Section 1243. Justices of the Peace not Affected.--The
provisions of this subdivision shall not be construed to affect
any provisions of law requiring or authorizing justices of the
peace in certain cases to act in place of the coroner.
Section 1244. Certificate of Cause of Death.--The coroner
shall issue a certificate of cause of death in all cases
referred to him by the local registrar of vital statistics,
pursuant to the provisions of the act, approved June twenty-
nine, one thousand nine hundred fifty-three (Pamphlet Laws 304),
known as the "Vital Statistics Law of 1953," and in all other
cases of which he has jurisdiction, if no person duly authorized
by the said act certifies the cause of death.
Section 1245. Power of Subpoena and Attachment.--The coroner
shall have power to issue subpoenas to obtain the attendance of
any person whom it may be necessary to examine as a witness at
any inquest, and to compel attendance by attachment in like
manner and to the same extent as any court of common pleas of
this Commonwealth may or can do in cases pending before them,
and also to compel in like manner the production of all papers
and other things relative to such inquest. Such subpoena and
attachment shall be served and executed by the sheriff or by the
coroner himself or his deputy, as the case may require.
Section 1245.1. Inquests; Juries.--(a) The coroner may at
his discretion summon a jury of six to be selected from the jury
panels of the court of common pleas.
(b) The function of such jury shall be to determine the
manner of death and whether any criminal act or neglect of
persons known or unknown caused such death. Such jury shall be
paid as provided by law as if they were serving the court of
common pleas.
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Section 1246. Power to Administer Oaths.--The coroner shall
have power to administer oaths and affirmations to all persons
brought or appearing before him, and any person swearing or
affirming falsely on such examination shall be guilty of
perjury.
Section 1247. Commitment to County Prison.--If any person
appearing before the coroner for examination shall refuse to
take oath or affirmation, or after having been sworn or affirmed
shall refuse to make answer to such questions as shall be put to
him by the coroner touching the matters of the inquest, such
persons so refusing may be committed by the coroner to the
county jail by warrant, under his hand and seal, directed to the
sheriff or any constable of the county, setting forth
particularly the causes of such commitment, until he shall
submit to be sworn or affirmed or to make answers to such
questions or be otherwise legally discharged.
Section 1248. Inquests Not Public.--The coroner may, in his
discretion, admit or exclude members of the public from any
inquest or part thereof, and admit or exclude any person
interested or suspected from such inquest or any part thereof,
but this provision shall not apply to representatives of the
press. No person excluded may appear by attorney, but any person
required to attend may have benefit of counsel at such
attendance.
Section 1249. Chief Deputy Sheriff to Act as Sheriff in Case
of Vacancy.--If any sheriff shall be legally removed from his
office or shall die or resign before expiration of the term for
which he was commissioned, the chief deputy sheriff shall
execute the office of sheriff and perform all things thereunto
appertaining, and receive and retain for his own use the
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compensation provided by law for sheriffs, until another sheriff
is commissioned and notice thereof is given to such chief deputy
sheriff.
Section 1250. Vacancies; No Fees upon Commissions.--If any
person elected to the office of coroner shall neglect or refuse,
for the space of two months next after such election, to assume
the duties of said office and to comply with the requirements of
the acts of Assembly in such cases, the office shall be vacant,
and it shall be the duty of the Governor, upon the notification
of the recorder of deeds, to appoint and commission some
suitable person to fill such vacancy during the remainder of the
term. No fees shall hereafter be charged on commissions issued
to the coroner.
Section 1251. Official Records of Coroner.--Every coroner,
within thirty (30) days after the end of each year, shall
deposit all of his official records and papers for the preceding
year in the office of the prothonotary for the inspection of all
persons interested therein.
Section 1252. Solicitor to Coroner.--The coroner may appoint
one person learned in the law, as his solicitor. Said solicitor
shall advise the coroner upon all legal matters that may be
submitted to him and shall conduct any litigation in connection
with the coroner's office when requested so to do by the
coroner.
Section 1253. 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).
(c) Provisions Relating to Sheriffs and Coroners
Section 1260. Not to Exercise Office Until Commission
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Granted and Recorded; Penalty.--No person elected or appointed
to the office of sheriff or coroner shall execute any of the
duties of such office before a commission shall have been duly
granted to him by the Governor and left for record, under a
penalty of imprisonment for a term not exceeding six months, at
the discretion of the court of quarter sessions. Such person
shall nevertheless be liable to any person injured by any acts
done by him under color of such office.]
Section 22. The act is amended by adding articles to read:
ARTICLE XII-A
SHERIFF
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.
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(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.
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.
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.
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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.
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.
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:
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(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.
Section 1207-A. False statements in deputy's affidavit.
Any false statement contained in any affidavit shall
constitute and shall be punishable as perjury.
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.
Section 1209-A. Public list of applicants for deputy sheriff.
The sheriff shall, from time to time, prepare a list of the
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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.
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) Cause required.--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,
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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.
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.
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
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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.
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.
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.
Section 1215-A. Not to exercise office until commission granted
and recorded; penalty.
No person elected or appointed to the office of sheriff shall
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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.
ARTICLE XII-B
CORONER
SUBARTICLE A
PRELIMINARY PROVISIONS
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.
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
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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.
SUBARTICLE B
GENERAL PROVISIONS
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.
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
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individual's salaries.
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.
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.
Section 1215-B. Unclaimed property and sales.
(a) Duty.--The coroner shall safely keep in the coroner's
charge:
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(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.
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.
Section 1217-B. Requests for examinations and reports.
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(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.
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.
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(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.
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
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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.
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
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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.
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;
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(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.
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 a
body and the surroundings of a 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
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done so as to not substantially destroy or alter possible
evidence.
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.
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.
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.
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.
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.
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(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.
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.
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.
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:
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(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.
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.
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
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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.
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
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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.
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).
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.
Section 1236-B. Records.
Records shall be maintained in the office of the coroner. If
no office is maintained, a public record providing the name of
the deceased, the date of death and the cause and manner of
death shall be deposited in the office of prothonotary for the
inspection of an individual with an interest in the record.
Except as provided under this article, public disclosure of a
coroner record shall be in accordance with the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. IN
COUNTIES OF THE THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND EIGHTH
CLASSES, EVERY CORONER, WITHIN THIRTY (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.
SUBARTICLE C
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FEES AND COST RECOVERY
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.
Section 1252-B. Fees for reports.
(a) Fees to recover training costs.-- 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
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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 subsection 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.
(b) Record disclosure.--This section may not be construed as
authorizing disclosure of a record exempt from public access in
accordance with the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law, or any provision of this act.
Section 23. Article XIII heading and sections 1301, 1302,
1303 and 1305 of the act are amended to read:
ARTICLE XIII
PROTHONOTARY, [CLERKS] CLERK OF COURTS, CLERK OF
ORPHANS' COURT, REGISTER OF WILLS,
RECORDER OF DEEDS
Section 1301. Election of [Prothonotaries, Clerks]
Prothonotary, Clerk of Courts, [Clerks] Clerk of Orphans' Court,
Register of Wills, Recorder of Deeds.--At the municipal election
preceding the expiration of the term of office of any
prothonotary, clerk of the [court of quarter sessions, clerk of
the court of oyer and terminer] 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 [such]
the county shall elect a person to fill [such] the office from
the first Monday of January next succeeding [such] the election,
for a term of four years and until [his] a successor is elected
and qualified. Where, under the provisions of this act or other
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law, it is provided that two or more [of said] offices shall be
held by the same person, only one person shall be elected to
hold [such] the office.
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
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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
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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.
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
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prothonotary, one person to fill the office of the clerk of the
courts of [quarter sessions and oyer and terminer] 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, [such] 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.
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 [his] 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 [by law] in 20 Pa.C.S. Ch. 9 (relating to
register of wills).
Section 24. Section 1311 of the act is repealed:
[Section 1311. Solicitor to Register in Counties of the
Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--In all
counties of the third, fourth, fifth, sixth, seventh and eighth
classes, the register of wills is authorized to appoint one
person, learned in the law, as his solicitor. Said solicitor
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shall advise upon all legal matters that may be submitted to
him, and shall conduct any litigation when requested so to do by
the register of wills.]
Section 25. Sections 1312 and 1313 of the act are amended to
read:
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 [his] the principal deputy's
necessary or temporary absence.
Section 1313. Clerks of Recorder to Administer Oaths.--The
recorder of deeds may appoint one or more clerks employed in
[his] 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.
Section 26. Section 1314 of the act is repealed:
[Section 1314. Solicitor to Recorder of Deeds in Counties of
the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--In
all counties of the third, fourth, fifth, sixth, seventh and
eighth classes, the recorder of deeds may appoint one person as
his solicitor. Said solicitor shall advise the recorder of deeds
upon all legal matters that may be submitted to him, and conduct
all litigation connected with the recorder of deeds' office when
requested so to do by the recorder of deeds.]
Section 27. Sections 1401, 1402, 1403, 1404, 1405, 1406,
1407, 1409, Subdivision (b) heading of Article XIV, 1420, 1421,
1424, 1425, 1426, 1440 and 1441 of the act are amended to read:
Section 1401. District Attorney; Qualifications;
Eligibility; Compensation.--(a) The district attorney shall be
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a resident of the county, at least twenty-five years of age, and
a citizen of the United States, shall have been admitted to
practice as an attorney before the Supreme Court of this
Commonwealth for at least one year prior to taking the oath of
office and shall have resided in the county for which [he] the
district attorney is elected or appointed for one year next
preceding [his] election or appointment.
(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 [his] 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
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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) In counties of the third, fourth, fifth, sixth and
seventh class:
(1) Each part-time district attorney holding office on the
effective date of this subsection whose term expires January 7,
2008, shall become full time on January 2, 2006, if, after
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exercising due diligence in conducting an assessment of the best
interests of public safety and the administration of criminal
justice in the county, the part-time district attorney provides
written notice to the chairman of the county commissioners, the
Secretary of Revenue and the State Treasurer, no sooner than
December 1, 2005, and no later than December 30, 2005, of the
part-time district attorney's choice to serve as a full-time
district attorney. Where a part-time district attorney holding
office on the effective date of this act does not provide such
notice, the office of district attorney shall remain part time
for the remainder of the current term of office.
(2) A person who has been elected to the office of district
attorney in a county where the district attorney is part time
and whose term commences on January 2, 2006, shall, upon taking
the oath of office, be a full-time district attorney if, after
exercising due diligence in conducting an assessment of the best
interests of public safety and the administration of criminal
justice in the county, the district attorney-elect has provided
written notice to the chairman of the county commissioners, the
Secretary of Revenue and the State Treasurer no sooner than
December 1, 2005, and no later than December 30, 2005, of the
district attorney-elect's choice to serve as a full-time
district attorney. Where the district attorney-elect does not
provide such notice, the office of district attorney shall
remain part time for the entire term of office commencing
January 2, 2006.
(3) A person seeking election or re-election as district
attorney in a county where the office of district attorney is a
part-time position after January 2, 2006, shall, upon election
and taking the oath of office, become a full-time district
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attorney if, prior to the deadline for filing nomination
petitions or papers, the person has provided written notice to
the chairman of the county commissioners, the Secretary of
Revenue and the State Treasurer of the person's choice to serve
as a full-time district attorney. Where the person does not
provide such notice, the office of district attorney shall
remain part time for the entire term of office.]
(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
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practice and shall be compensated[, notwithstanding the
provisions of any other statutes, as follows: In counties of the
third or fourth class, the salary shall be sixty per cent of the
annual salary payable to the judge of the court of common pleas
of the judicial district of the county; in a county of the fifth
or sixth class, the salary shall be fifty per cent of the annual
salary payable to the judge of the court of common pleas of the
judicial district of the county; and in a county of the seventh
or eighth class, the salary shall be] 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) In the event of a vacancy in the office of district
attorney, the person appointed to serve the remainder of the
unexpired term shall be bound by the election made in subsection
(h) for the remainder of said term.]
(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
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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.
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
[he] 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.
Section 1403. Expenses Incurred by District Attorney.--All
necessary expenses incurred by the district attorney or [his]
the district attorney's assistants or any officer directed by
[him] 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.
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Section 1404. Filling of Vacancies.--(a) If any vacancy
shall occur in the office of district attorney in a county of
the second class A or third class, either by death, resignation,
removal from office or from the county, or otherwise, the judges
of the court of common pleas shall supply such vacancy by the
appointment of a competent person to fill the office during the
balance of the unexpired term.
(b) If any vacancy shall occur in the office of district
attorney in a county of the fourth through eighth class, the
first assistant district attorney shall become district attorney
and discharge the duties of the district attorney until the
first Monday in January following the next municipal election
occurring not less than ninety days after the occurrence of the
vacancy. If the first assistant district attorney is unwilling
or unable to serve, the judges of the court of common pleas
shall fill the vacancy by the appointment of a competent person
to fill the office until the first Monday in January following
the next municipal election occurring not less than ninety days
after the occurrence of the vacancy.
Section 1405. Misconduct of District Attorney.--(a) If any
district attorney shall [wilfully] 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 [him] the district attorney in any criminal
proceeding, or if such district attorney shall be guilty of
[wilful] willful and gross negligence in the execution of the
duties of [his] the office, [he] 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
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[his] 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 [wilful]
willful and gross negligence in the execution of the duties of
[his] the office, the court shall cause notice of [such] the
complaint to be given to the district attorney and of the time
fixed by the court for [the] a hearing [of the same]. If [upon
such] 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.
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 [wilful] willful and gross negligence in the
execution of the duties of [his] the office, it shall be the
duty of the court to appoint [some] 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. [Such] The attorney shall be paid by the county for
[his] services a reasonable compensation to be fixed by the
court. If [such] the district attorney [shall be] is convicted
of any crime for which [he] that individual may be sentenced to
imprisonment by separate or solitary confinement at labor, [his]
the office shall be declared vacant by the court.
Section 1407. [Law Books] Legal Resources for District
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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.
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 [him] the
district attorney or to the court [of the proper county], or if
at any stage of the proceedings the district attorney [of the
proper county] and the private counsel employed by the
prosecutor shall differ as to the manner of conducting the
trial, the prosecutor may present [his] a petition to the court
[of the proper county], setting forth the character of the
complaint, and verify the same by affidavit. If the court shall
be of the opinion that it is a proper case for a criminal
proceeding or prosecution, it may direct any private counsel
employed by such prosecutor to conduct the entire proceeding,
and where an indictment is necessary, to verify the same by
[his] the private counsel's own signature, as fully as the same
could be done by the district attorney.
(b) Assistant[, Special, Deputy] and Acting District
Attorneys, Stenographers and Clerks
Section 1420. Assistant[, Special Assistant and Deputy
Assistant] District Attorneys; Number; Compensation.--(a) The
district attorney may appoint such number of assistants,
[special assistants or deputy assistants, learned in the law]
licensed to practice law in this Commonwealth, to assist [him]
in the discharge of [his] duties.[, as is fixed by the salary
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board of the county. The salary board shall fix the salary of
such assistants, special assistants and deputy assistants.] The
number and salary of such assistants shall be fixed by the
salary board.
(b) [The] In counties of the third through eighth classes,
the district attorney may appoint temporary assistants,
[temporary special assistants or temporary deputy assistants,
learned in the law] licensed to practice law in this
Commonwealth, to assist [him] in the discharge of [his] 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) [An] 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.
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
[of such assistants as his] assistant as the first assistant.
[Such] 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 [his] the
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district attorney's disability to perform the duties of [his]
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 [his] the office which the
district attorney may by law be entitled to do or perform. In
case of any [such] incapacity of the district attorney or [his]
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.
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 [quarter sessions] 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 [his] the assistants shall be
absent from the court. [Such] A person so appointed shall
perform all the duties of the office until the regular district
attorney or one of [his] 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.
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, [learned in the law]
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 [his] duties.
Section 1426. Stenographers and Clerks.--The salary board in
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any county may provide for the appointment by the district
attorney of such clerks and stenographers in [his] the district
attorney's office as may be deemed necessary for the proper
dispatch of business.
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 [him] 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
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serve subpoenas in cases in which the Commonwealth is a party in
a court of record.
(e) [County] (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.
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 [quarter
sessions] 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. [He] The special detective shall be allowed expenses
necessarily and actually incurred in the performance of [his]
duties.
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[Such] 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.
Section 28. Article XV.1 of the act is repealed:
[ARTICLE XV.1
SALARIES OF COUNTY OFFICERS
Section 1550. Counties of the Third Class.--The annual
salaries of the following county officers of counties of the
third class shall be as follows:
The sheriff, twelve thousand four hundred eighty dollars
($12,480).
The coroner, nine thousand one hundred twenty dollars
($9,120).
The prothonotary, eleven thousand five hundred twenty dollars
($11,520).
The clerk of the courts, eleven thousand five hundred twenty
dollars ($11,520).
The register of wills and ex officio clerk of the orphans'
court, eight thousand seven hundred sixty dollars ($8,760).
The recorder of deeds, eleven thousand five hundred twenty
dollars ($11,520).
The county treasurer, ten thousand eighty dollars ($10,080).
The county controller, twelve thousand six hundred dollars
($12,600).
The county commissioners, thirteen thousand five hundred
dollars ($13,500), each.
The jury commissioners, one thousand six hundred eighty
dollars ($1,680), each.
The district attorney, thirteen thousand five hundred dollars
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($13,500).
Section 1551. Counties of the Fourth Class.--The annual
salaries of the following county officers of counties of the
fourth class shall be as follows:
The district attorney, twelve thousand dollars ($12,000).
The sheriff, eleven thousand four hundred dollars ($11,400).
The prothonotary, eleven thousand one hundred sixty dollars
($11,160).
The clerk of courts, eleven thousand one hundred sixty
dollars ($11,160).
The clerk of the orphans' court (other than the register of
wills acting as ex officio of orphans' court), eleven thousand
one hundred sixty dollars ($11,160).
The register of wills and ex officio of the orphans' court,
eight thousand seven hundred sixty dollars ($8,760).
The recorder of deeds, eleven thousand one hundred sixty
dollars ($11,160).
The county treasurer, nine thousand eight hundred forty
dollars ($9,840).
The county commissioners, twelve thousand dollars ($12,000),
each.
The coroner, eight thousand four hundred dollars ($8,400).
The jury commissioners, one thousand one hundred thirty
dollars ($1,130), each.
The county controller, where such office exists, or may be
created, eleven thousand one hundred sixty dollars ($11,160).
Section 1552. Counties of the Fifth Class.--The annual
salaries of the following county officers of counties of the
fifth class shall be as follows:
The sheriff, nine thousand six hundred dollars ($9,600).
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The county comptroller, where such office exists, nine
thousand six hundred dollars ($9,600).
The coroner, five thousand four hundred dollars ($5,400).
The prothonotary, nine thousand six hundred dollars ($9,600).
The clerk of quarter sessions and oyer and terminer, nine
thousand six hundred dollars ($9,600).
The clerk of the orphans' court, nine thousand six hundred
dollars ($9,600).
The register of wills, nine thousand six hundred dollars
($9,600).
The recorder of deeds, nine thousand six hundred dollars
($9,600).
Provided, That where any of the officers above mentioned hold
two or more of the said offices, he shall receive nine thousand
six hundred dollars ($9,600).
The county commissioners, ten thousand two hundred dollars
($10,200), each.
The county treasurer, nine thousand six hundred dollars
($9,600).
The jury commissioners, nine hundred dollars ($900), each.
The district attorney, ten thousand two hundred dollars
($10,200).
Section 1553. Counties of the Sixth Class.--The annual
salaries of the following county officers of counties of the
sixth class shall be as follows:
The clerk of the court of quarter sessions, eight thousand
four hundred dollars ($8,400).
The treasurer, eight thousand one hundred sixty dollars
($8,160).
The controller, eight thousand four hundred dollars ($8,400).
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The clerk of oyer and terminer, one thousand one hundred
dollars ($1,100).
The clerks of the orphans' court, (other than the register of
wills acting as ex officio of orphans' court) seven thousand two
hundred dollars ($7,200), each.
The prothonotary, eight thousand four hundred dollars
($8,400).
The recorder of deeds, eight thousand four hundred dollars
($8,400).
The register of wills, seven thousand two hundred dollars
($7,200).
Where any of the officers above mentioned hold two or more of
said offices, he shall receive the highest salary fixed for any
of the offices which he holds and the additional salary of seven
hundred fifty dollars ($750).
The sheriff, eight thousand four hundred dollars ($8,400).
The county commissioners, nine thousand three hundred fifty
dollars ($9,350), each.
The district attorney, nine thousand four hundred fifty
dollars ($9,450).
The jury commissioners shall each receive fifteen dollars
($15) for each day necessarily employed in the discharge of
their duties. The said compensation shall be paid from the
county treasury in the same manner as the salary or compensation
of other county officers and employes.
The county auditors shall each receive twenty dollars ($20)
for each six hours of work in the discharge of their duties,
together with ten cents (10¢) per mile circular from and to
their homes once each and every day so employed.
The fees to be received by the coroner of each county of the
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sixth class shall be as follows: For viewing a dead body,
eighteen dollars ($18); summoning and qualifying inquest,
drawing and returning all inquisitions, nine dollars fifty cents
($9.50); summoning and qualifying each witness, three dollars
($3), to be paid out of the goods, chattels, lands, or tenements
of the slayer (in cases of murder or manslaughter), if any he
hath, if otherwise, by the county, with mileage at the rate of
ten cents for each mile circular traveled from the court house
to the place of viewing the body; executing any process or writs
of any kind, the same fees as are allowed to the sheriff and the
same mileage.
Section 1554. Counties of the Seventh Class.--The annual
salaries of the following county officers of counties of the
seventh class shall be as follows:
The sheriff, six thousand two hundred forty dollars ($6,240).
The district attorney, six thousand five hundred dollars
($6,500).
The annual salary of each county commissioner shall be six
thousand dollars ($6,000).
The jury commissioners shall each receive fifteen dollars
($15) for each day necessarily employed in the discharge of
their duties. The said compensation shall be paid from the
county treasury in the same manner as the salary or compensation
of other county officers and employes.
The county auditors shall receive twenty dollars ($20) for
each six hours of work in the discharge of their duties,
together with ten cents (10¢) per mile circular from and to
their homes, once, each and every day so employed.
The prothonotary or clerks of the several courts of common
pleas, quarter sessions of the peace, oyer and terminer, and
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orphans' courts, the register of wills, and the recorder of
deeds, shall keep, or cause to be kept, a fair and accurate
account of all fees received for services performed by them or
any person employed by them in their respective offices; and
shall also, on the first Monday of January of each year, furnish
a copy of said account, upon oath or affirmation, to the auditor
appointed by the court to settle the accounts of county
officers; and shall also pay to the county treasurer, for the
use of the county, after deducting all necessary clerk hire and
office expenses, fifty per centum on the amount of any excess
over and above the sum of seven thousand two hundred dollars
($7,200), which shall be found by the said auditor, appointed by
the court to settle the accounts of county officers, to have
been received by any officer in any one year: Provided, That if
two or more of said offices shall be held by one person, the
said auditor shall add together the fees received in the offices
so held, and shall charge the same percentage on the aggregate
amount of fees received by such person holding more than one of
said offices. A copy of the report of the said auditor, when
completed, shall be presented by him to the court of common
pleas of the county, and filed among the records of said court;
which said report shall thereafter have all the force and effect
of, and be subject to the same procedure as applies to, the
report of the county auditors.
The fees to be received by the coroner of each county of the
seventh class shall, in cases of murder or manslaughter, be paid
by the slayer, or his estate if recovery can be had, otherwise
and in all other cases by the county. The fees shall be as
follows:
For viewing a dead body, eighteen dollars ($18); summoning
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and qualifying inquest, drawing and returning all inquisitions,
nine dollars fifty cents ($9.50); summoning and qualifying each
witness, three dollars ($3); to be paid out of the goods,
chattels, lands, or tenements of the slayer (in cases of murder
or manslaughter), if any he hath. If otherwise, by the county,
with mileage at the rate of ten cents (10¢) for each mile
circular traveled from the court house to the place of viewing
the body; executing any process of writs of any kind, the same
fees as are allowed to the sheriff and the same mileage.
Section 1555. Counties of the Eighth Class.--The annual
salaries of the following county officers of counties of the
eighth class shall be as follows:
The sheriff, in counties having a population of less than
twelve thousand (12,000), four thousand eighty dollars ($4,080);
and in counties having a population of twelve thousand (12,000)
and more, but less than twenty thousand (20,000), four thousand
six hundred eighty dollars ($4,680).
The county commissioners, in counties having a population of
less than twelve thousand (12,000), three thousand three hundred
eighty dollars ($3,380) each, and in counties having a
population of twelve thousand (12,000) and more, four thousand
two hundred ninety dollars ($4,290), each.
The district attorney, four thousand five hundred dollars
($4,500).
The county auditors shall each receive twenty dollars ($20)
for each six hours of work in the discharge of their duties,
together with ten cents (10¢) per mile circular from and to
their homes, once, each and every day so employed.
The jury commissioners shall each receive fifteen dollars
($15) for each day necessarily employed in the discharge of
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their duties. The said compensation shall be paid from the
county treasury in the same manner as the salary or compensation
of other county officers and employes.
The prothonotary or clerks of the several courts of common
pleas, quarter sessions of the peace, oyer and terminer, and
orphans' courts, the register of wills, and the recorder of
deeds, shall keep, or cause to be kept, a fair and accurate
account of all fees received for services performed by them or
any person employed by them in their respective offices; and
shall also, on the first Monday of January of each year, furnish
a copy of said account, upon oath or affirmation, to the auditor
appointed by the court to settle the accounts of county
officers; and shall also pay to the county treasurer, for the
use of the county, after deducting all necessary clerk hire and
office expenses, fifty per centum on the amount of any excess
over and above the sum of seven thousand two hundred dollars
($7,200), which shall be found by the said auditor, appointed by
the court to settle the accounts of county officers, to have
been received by any officer in any one year: Provided, That if
two or more of said offices shall be held by one person, the
said auditor shall add together the fees received in the offices
so held, and shall charge the same percentage on the aggregate
amount of fees received by such person holding more than one of
said offices. A copy of the report of the said auditor, when
completed, shall be presented by him to the court of common
pleas of the county, and filed among the records of said court;
which said report shall thereafter have all the force and effect
of, and be subject to the same procedure as applies to, the
report of the county auditors.
The fees to be received by the coroner of each county of the
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eighth class shall, in cases of murder or manslaughter, be paid
by the slayer, or his estate if recovery can be had, otherwise
and in all other cases by the county. The fees shall be as
follows:
For viewing a dead body, eighteen dollars ($18); summoning
and qualifying inquest, drawing and returning all inquisitions,
nine dollars fifty cents ($9.50); summoning and qualifying each
witness, three dollars ($3); to be paid out of the goods,
chattels, lands, or tenements of the slayer (in cases of murder
or manslaughter), if any he hath, if otherwise, by the county,
with mileage at the rate of ten cents (10¢) for each mile
circular traveled from the court house to the place of viewing
the body; executing any process or writs of any kind, the same
fees as are allowed to the sheriff and the same mileage.
Section 1556. Insurance and Other Employe Benefits.--In
addition to any other authorized compensation, county
commissioners and other county officers and their dependents
shall be eligible for inclusion in group life, health,
hospitalization, medical service and accident insurance plans or
other employe benefits, or payments made in lieu of such
benefits, paid in whole or in part by the county, provided such
plans, benefits or payments are offered generally to employes of
the county.]
Section 29. The act is amended by adding an article to read:
ARTICLE XV.2
SALARIES OF COUNTY OFFICERS
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),
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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.
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.
Section 30. Article XVI heading and sections 1601, 1602,
1603, 1605, 1607, 1608, 1609, 1610, 1622 and 1623 of the act are
amended to read:
ARTICLE XVI
FEES OF SALARIED COUNTY OFFICERS; SALARY
BOARDS[; PAYMENT OF SOLICITORS APPOINTED
BY COUNTY OFFICERS]
Section 1601. Fees of Salaried County Officers to Belong to
County.--[All] Except where otherwise provided by law, fees
limited and appointed by law to be received by any county
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officer, either elected or appointed, or which they shall
legally be authorized, required or entitled to charge or
receive, shall belong to the county [in the following
circumstances: (1) fees of every such officer in counties
containing over one hundred and fifty thousand inhabitants and,
(2) in counties containing one hundred and fifty thousand or
less inhabitants, fees of every officer for whom a salary is
fixed by law. The provisions of this subdivision shall apply to
all fees belonging to the county and to all officers
hereinbefore designated]. Each [of the said officers] officer
shall exact, collect and receive all such fees to and for the
use of [his respective] the county, except [such] taxes and fees
as are levied by the Commonwealth, which shall be to and for the
use of the Commonwealth. [None of said officers shall receive
for his own use or for any use or purpose whatever] No officer
shall use fees received for official services for any purpose,
except for the use of the [proper] county or [for] the
Commonwealth[, as the case may be, any fees for any official
services whatsoever, except where the statute expressly
designates the officer as agent of the Commonwealth and
authorizes him to retain a part of such moneys for his own use].
Section 1602. System of Accounts to be Kept; Fees to be Paid
to County Treasurer Monthly.--(a) Each [of said officers]
officer receiving fees shall keep a system of accounts, the form
of which shall be prescribed by the controller, or where such
[officer] 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
[any] applicable, for what service, and from whom received.
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(b) At the times designated by resolution of the county
commissioners but not later than the [first Monday] tenth day of
each month, each of said officers shall [pay to]:
(1) Pay to the county treasurer [of the proper county] all
fees so received for each designated period. Duplicate receipts
therefor shall be taken, one of which [he] the treasurer shall
deposit with the county controller, or the chief clerk where the
office of controller does not exist. [On the first Monday of
each month, each of said officers shall deposit]
(2) Deposit with the county controller, or where the office
of controller does not exist, with the county [auditor] auditors
a transcript, in detail, of [his] the officer's system of
accounts for the preceding month. [He] 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 [his] the office, either by [himself] the officer,
deputies or clerks, during the preceding month that said fees
were severally charged and collected at regular rates, and that
[he] the officer has not received and is not to receive [from
any person or persons whatsoever], for any official services or
duty, any other fees than those so entered on said transcript.
(c) It shall be the duty of the county controller, 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
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same shall specify the same on his account book and on his
transcript as of the office to which they properly belong.
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 [or persons] awarded any
contract [for advertising or any other contract] any sum [or
sums] of money as percentage on the salaries of said deputy or
clerk or on the amounts or profits of said contract, or any sum
[or sums] of money [whatsoever] as compensation for making any
of the said appointments or contracts, or shall neglect to
render the accounts or to pay over the money received for fees
as required by this subdivision, or shall [wilfully] willfully
neglect to make any proper entry in the book or books required
to be kept, or shall [wilfully] willfully neglect to charge for
any official services the fees allowed by law, or shall take to
[his] 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, [he] the officer shall, upon
conviction thereof, refund the said sum [or sums] of money
[thus] unlawfully received, and shall be deemed incapable of
holding the said office.
Section 1605. Officers Subject to This Subdivision to be
Paid Salaries.--All [county] officers to which this subdivision
applies[, whether elected by the people or appointed according
to law,] and their [several] deputies and clerks, shall be paid
for their services by fixed and specific salaries[, which]. The
salaries shall be a charge upon the treasury of the county to
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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 [one thousand six hundred eight, of the fees
collected and paid in by each officer respectively, or earned,
where fees are chargeable upon the county treasury, and said]
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 [of the county].
No voucher check or warrant shall be drawn for the payment of
any [said officer, his] officers, deputies or clerks who shall
not have filed the receipt and transcript for that month
provided for in this subdivision.
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 [one thousand six
hundred two of this act, of the fees received by said officers
to and for the use of their respective counties for the
preceding month] 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 [him] the
officer, if any. [The amounts so returned by any of said
officers, as received by him for the Commonwealth, shall be
separately paid by him into the State Treasury through the
Department of Revenue, quarterly, on the first Mondays of April,
July, October and January, for which he shall take duplicate
receipts.] Such taxes, fees and other amounts due the
Commonwealth shall be paid over, as required but no more often
than monthly, unless law or regulation provides otherwise.
(b) All commissions on the collection of any such taxes and
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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.
Section 1608. Payment of Certain Officers.--The county
solicitor, county [jailer] 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 [his] the office shall be
paid by [him] 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.
Section 1609. Salaries in Lieu of Fees.--Except to the
extent this section may be inconsistent with [the provisions of]
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
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allowances, not governed by the aforesaid exceptions, shall
belong to the county and shall be paid into the county treasury,
except where required to be paid to the Commonwealth in the
manner provided by this subdivision for fees.
Section 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 [county]
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
[said] counties under the provisions of this subdivision.
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 [chairman] chairperson of the board of
county commissioners shall be [chairman] 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.
Section 1623. Number and Compensation of Officers, Deputies,
Assistants, Clerks and Employes; Revisions of Salary
Schedules.--[The] (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
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(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. [Thereupon] 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[, on the effective date
of this act,] 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.
Section 31. Section 1624 of the act is repealed:
[Section 1624. Revisions of Salary Schedules.--At each
annual meeting, the board shall revise the salary schedule so
far as it shall deem such action necessary. From time to time
between annual meetings, whenever required by any judge, county
officer or executive head of any separate board, commission or
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division, the number or compensation of whose deputies,
assistants, clerks and employes is sought to be fixed, the board
shall meet and consider and shall fix and determine the same.
All salaries fixed under the provisions of this act shall be
paid out of the county treasury in the manner provided by law.]
Section 32. Section 1625 of the act is amended to read:
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 [his] 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 [his] 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 [his] 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
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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.
Section 33. Subdivision (c) of Article XVI of the act is
repealed:
[(c) Payment of Solicitors Appointed by County Officers
Section 1630. Compensation of Solicitors Appointed by County
Officers.--The county commissioners may appropriate money for
the payment of any solicitor appointed pursuant to this act by a
county treasurer, sheriff, prothonotary, register of wills,
recorder of deeds, clerk of courts, coroner, a clerk of orphans'
court or the county controller or the county auditors.]
Section 34. Sections 1701.1, 1702, 1703, 1704, 1705, 1706
and 1720 of the act are amended to read:
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 [by the county treasurer] of all
county and county institution district taxes levied within a
third class city [by the authorities empowered to levy such
taxes.] 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
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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 [the] 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) In counties of the third, fourth, fifth, sixth, seventh
and eighth class, the county commissioners may provide, by
resolution, for the billing and collection of all county and
county institution district taxes levied in third class cities.
The county commissioners shall have the power and authority by
resolution, to vest in the county treasurer the duties and
responsibilities of billing and collecting county and county
institution district taxes in third class cities. The resolution
shall be adopted by the county 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.
(b.1) In counties of the third, fourth, fifth, sixth,
seventh and eighth class in which the county commissioners
provide, by resolution, for the billing and collection of all
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county taxes levied in municipalities existing and organized
under the "Home Rule Charter and Optional Plans Law," that have
eliminated the elective office of tax collector, the county
commissioners shall have the power and authority, by resolution,
to vest in the county treasurer the duties and responsibilities
of billing and collecting county taxes.]
(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.
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(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) [The] 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
[he] that person shall not receive added compensation for
performing such functions.
(e) The treasurer shall be governed by the provisions of
[the act of May 25, 1945 (P.L.1050) known as] the "Local Tax
Collection Law" and its amendments.
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
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controller shall supervise the fiscal affairs of the county
including the related accounts and official acts [relating
thereto] 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 not be applicable to the
management of the fiscal policies of the county commissioners,
or to matters not involving the accounts and transactions of
officers or other persons 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
[he] 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. [He] 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,
[he] the controller shall report the same to the commissioners
and to the district attorney of the county for such prosecution
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as may be warranted, and shall take immediate measures to secure
the public assets.
(b) Pursuant to subsection (a), the county commissioners
[may], for the purpose of meeting Federal or State requirements,
may issue a request for proposals for and contract with [or
employ] 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. [Such contracts shall be discussed with
the controller prior to execution, and the] 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.
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 [his] that individual's possession or under [his] 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.
[He] The controller shall have power and authority to require
each and every county officer to make a quarterly statement with
respect to moneys in [his] 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. [He]
The controller shall have power to examine every such account of
a county officer in any bank, banking institution or trust
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company, to verify the accuracy of the statement of such county
officer. It shall be the duty of every such bank, banking
institution or trust company, its officers and agents, to
furnish full information to the controller in relation to the
account of such county officer. No bank, banking institution or
trust company, its officers or agents, shall be subject to
prosecution under other laws of this Commonwealth for disclosing
any such information with respect to any account of a county
officer.
Section 1704. Custody of Documents.--The controller shall
have [the] 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 [of] all executed
contracts entered into by or on behalf of the county, and [of
all books, documents and papers] all records relating to its
financial affairs, and [of] all bonds and other obligations
issued by [said] the county, when paid. Such bonds and other
obligations, when so paid, shall be [distinctly cancelled]
monitored by the controller [and carefully and regularly filed,
a register], a ledger of which [cancellation] shall be [kept]
maintained by him or her in a book [to be provided for that
purpose.] or an electronic file dedicated for that purpose and
retained according to the most recent edition of the County
Records Manual.
Section 1705. [Books of Fiscal Affairs] Financial Records.--
The controller shall [keep] maintain a full and regular set of
[books] financial records, including the general ledger, in
electronic form or otherwise, which support financial statements
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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. [He] The controller shall
[prescribe] select and administer the form and manner of
[keeping] maintaining the official [books and papers] financial
records in connection with the fiscal affairs of the county.
Where the controller prescribes a change in the form and manner
of [keeping] maintaining the official [books and papers]
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.
Section 1706. Investment of Funds.--(a) [The] (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
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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 [his] 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) [The] (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,
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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)] (a)(2) shall make investments
in conformity with the commissioners investment program.
(c) Authorized types of investments or financial products
for such moneys [shall be:], 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) United States Treasury bills.
(2) Short-term obligations of the United States Government
or its agencies or instrumentalities.
(3) Deposits in savings accounts or time deposits, other
than certificates of deposit, or share accounts of institutions
having their principal place of business in the Commonwealth and
insured by the Federal Deposit Insurance Corporation or the
Federal Savings and Loan Insurance Corporation or the National
Credit Union Share Insurance Fund or the Pennsylvania Deposit
Insurance Corporation or the Pennsylvania Savings Association
Insurance Corporation to the extent that such accounts are so
insured, and, for any amounts above the insured maximum,
provided that approved collateral as provided by law therefore
shall be pledged by the depository.
(4) Obligations of the United States of America or any of
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its agencies or instrumentalities backed by the full faith and
credit of the United States of America, the Commonwealth of
Pennsylvania or any of its agencies or instrumentalities backed
by the full faith and credit of the Commonwealth, or of any
political subdivision of the Commonwealth of Pennsylvania or any
of its agencies or instrumentalities backed by the full faith
and credit of the political subdivision.
(5) Shares of an investment company registered under the
Investment Company Act of 1940, whose shares are registered
under the Securities Act of 1933, provided that the only
investments of that company are in the authorized investments
for county funds listed in clauses (1) through (4).
(6) Certificates of deposit purchased from institutions
having their principal place of business in the Commonwealth and
insured by the Federal Deposit Insurance Corporation or the
Federal Savings and Loan Insurance Corporation or the National
Credit Union Share Insurance Fund or the Pennsylvania Deposit
Insurance Corporation or the Pennsylvania Savings Association
Insurance Corporation to the extent that such accounts are so
insured, however, for any amounts above the insured maximum,
such certificates of deposit shall be collateralized by a pledge
or assignment of assets of the institution, and such collateral
may include loans (including interest in pools of loans) secured
by first mortgage liens on real property. Certificates of
deposit purchased from commercial banks shall be limited to an
amount equal to twenty per centum of a bank's total capital and
surplus. Certificates of deposit purchased from savings and loan
associations or savings banks shall be limited to an amount
equal to twenty per centum of an institutions assets minus
liabilities.
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(7) Certificates of deposit purchased from institutions
having their principal place of business outside the
Commonwealth and insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation or the National Credit Union Share Insurance Fund to
the extent that such accounts are so insured, and, for any
amounts above the insured maximum, provided that approved
collateral as provided by law therefore shall be pledged by the
depository. Certificates of deposit purchased from commercial
banks shall be limited to an amount equal to twenty per centum
of a bank's total capital and surplus. Certificates of deposit
purchased from savings and loan associations or savings banks
shall be limited to an amount equal to twenty per centum of an
institution's assets minus liabilities.
(8) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating
to fiduciaries investments) shall be an authorized investment
for any pension or retirement fund.
(9) "Commercial paper" and "prime commercial paper" as
provided for in subsection (d).]
(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
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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 paragraphs (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
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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) As used herein "commercial paper" shall mean unsecured
promissory notes issued at a discount from par by any
industrial, common carrier, public utility or finance company
and "prime commercial paper" shall mean notes issued by
corporations whose credit has been approved by the National
Credit Office, Incorporated, New York, or its successor. The
treasurer shall have obtained the following prior to any
commitment to purchase commercial paper:
(1) A certification or other evidence that such commercial
paper is rated prime by the National Credit Office,
Incorporated.
(2) A certification or other evidence that the paper
proposed to be delivered is not subordinate to any other debt of
the issuer.
(3) A certificate or other evidence that there is no
litigation pending or threatened affecting said paper.
(4) A certificate or other evidence that the issuer is not
in default as to the payment of principal and interest upon any
of its outstanding obligations.
(5) A certificate or other evidence that the issuer was
incorporated within the United States, is transacting business
within the United States, and has assets of one billion dollars
($1,000,000,000) or more, or is a wholly owned subsidiary of a
Pennsylvania corporation having assets of one billion dollars
($1,000,000,000) or more.
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(6) The treasurer shall not, at any time, have invested in
prime commercial paper more than an aggregate of such total sum
as the board shall have prescribed.]
(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) [In] Officials making investments of county funds, [the
commissioners (or other elected officials when authorized as
provided in subsection (a))] as authorized in subsection (a)(1)
or (2), shall have authority:
(1) To permit assets pledged as collateral under subsection
[(c)(3)] (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
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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.
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. [He] The controller or
auditors shall, before the first day of July in every year, make
a report, verified by oath or affirmation, to the [Court of
Common Pleas of said county] county court of common pleas,
unless upon due cause shown the court shall grant an extension
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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. [A concise summary of this report]
(b) Within ten days after making a report to the court of
common pleas, notice that the report is available for public
inspection shall [thereupon] be published one time in [such
newspapers published in said] 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 [thereof]
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, [before the first day of
July,] 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[, and subject to the penalties provided in section
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one thousand seven hundred twenty-one of this act for auditors
refusing or neglecting to make similar reports. Within the
summary of the auditor's or controller's report, there shall be
a notice to the public that the entire text of the report shall
be available for public inspection during regular business hours
in the office of the auditor or controller.].
(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.
Section 35. The act is amended by adding a section to read:
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.
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(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.
Section 36. Sections 1721, 1722, 1722.1, 1723 and 1724 of
the act are repealed:
[Section 1721. Audit of Accounts by Auditors; Report to
Common Pleas; Publications; Financial Report to Department of
Community and Economic Development.--(a) The auditors shall
audit, settle and adjust the accounts of all county officers of
the county, and make an annual report thereof, on or before the
first day of the following July, to the court of common pleas,
unless upon due cause shown the court shall grant an extension
of time therefor. Said report shall be in detail, showing
distinctly and separately all receipts and expenditures of the
several offices, and all debts and accounts due, and the amount
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raised from each source of revenue, and the expenditures in
detail and classified by reference to the object thereof,
together with a full statement of the financial conditions of
the county, and a statement of the balance due from or to such
county officers.
(b) The auditor's report shall be prepared and within ten
days after being filed in the court of common pleas, a concise
summary thereof shall be published, once, in at least two
newspapers published in said county; or if not more than one
newspaper is published in the county, then in such newspaper; or
if there be no newspaper published in the county, then in one
newspaper of general circulation in said county. The expense of
the publication of said summary shall be paid by the county.
Within the summary of the auditor's or controller's report,
there shall be a notice to the public that the entire text of
the report shall be available for public inspection during
regular business hours in the office of the auditor or
controller.
(c) The county auditors shall also make an annual report of
the financial condition of the county to the Department of
Community and Economic Development, which report shall be signed
by a majority of the auditors, and duly verified by the oath or
affirmation of one of the auditors. The report shall be
presented on a form furnished by the Secretary of Community and
Economic Development, and shall be filed on or before the first
day of the following July.
(d) Any auditors refusing or wilfully neglecting to file the
report required by this section shall, upon conviction thereof,
in a summary proceeding brought at the instance of the
Department of Community and Economic Development, be sentenced
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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.
Section 1722. Audit of the Accounts of Parole and Probation
Officers and of Appropriations to National Guard Units.--It
shall be the duty of the controller or county auditors to audit,
settle and adjust the accounts of every parole and probation
officer, appointed by the court pursuant to law, who shall
receive from any person or persons moneys paid under any order,
sentence or judgment of any court, and to report the results of
such audits to the court which shall have appointed such
officer. The controller or county auditors shall likewise audit,
settle and adjust the accounts of any moneys appropriated by the
county to units of the National Guard.
Section 1722.1. Audit of Accounts of Minor Judiciary.--The
controller or county auditors shall annually audit the accounts
of every alderman, magistrate or district justice within the
county and report the results of such 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 moneys or funds collected by any such alderman,
magistrate or district justice.
Section 1723. Accounts and Audits of Moneys Collected for
Taxing Units Within the County; Payments.--All taxes, penalties,
fines and costs collected by the county treasurer and belonging
to any city, borough, township, incorporated town, school
district or institution district shall be entered and carried in
the books of the county in the same manner as county moneys,
shall be audited in like manner, and when paid to the taxing
district entitled thereto, as provided by law, such payments
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shall be made on voucher checks in the same manner as payments
are made of county moneys.
Section 1724. Audit of Accounts of Commonwealth Moneys.--It
shall also be the duty of the controller or auditors to audit,
settle and adjust the accounts of the treasurer of the county
with the State Treasury, and of each of such 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 such treasurer or other officer. A certified copy of
such report shall be transmitted to the Auditor General or
Department of Revenue, as the case may be, within ten days after
the same is prepared.]
Section 37. Sections 1724.1, 1725 and 1727 of the act are
amended to read:
Section 1724.1. Audit of [Miscellaneous] 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.
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 [State]
Commonwealth may or can do in cases pending before them, and
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also to compel in like manner the production of all books,
vouchers and papers relative to such accounts. Such subpoena
[and attachment] shall be served and executed by the sheriff or
[coroner] any constable of the county, as the case may require.
Section 1727. Refusal to Obey Subpoena or Submit to
Examination.--[If any person] 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 [shall refuse], refusing to take oath or
affirmation[, or after].
(3) After having been sworn or affirmed [shall refuse],
refusing to [make] answer [to such] questions [as shall be put
to him by] of the controller or auditors touching the public
accounts or the official conduct of any public officers[, he
shall be guilty of a misdemeanor].
Section 38. Section 1730 of the act is amended by adding a
subsection to read:
Section 1730. Filing Reports.--* * *
(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 Commonwealth, be entered by the
prothonotary as a judgment against the officer. The county or
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.
Section 39. Sections 1731, 1733, 1750, 1751, 1752, 1753,
1754 and 1760 of the act are amended to read:
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Section 1731. Appeals from Reports.--(a) An appeal may be
taken from such reports to the court of common pleas, either by
the Commonwealth, the county or the officer. Such appeal may
also be taken by ten or more taxpayers in behalf of the county[,
in the manner and subject to the restrictions provided by
article twenty-eight of this act].
[Such] (b) The appeal shall be entered by the Commonwealth
within four months, and by the county [and the officer], 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.
Section 1733. Allowance of [Counsel] Attorney Fees.--[When
an appeal is taken from the county auditors' reports or the
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controller's reports and such appeal results favorably to the
appellants in such a manner that money is recovered for any
county, the court hearing such appeal shall make an order to pay
a counsel fee which it deems just and reasonable to the counsel
representing such appeal out of the funds so recovered.]
(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 paragraph (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 paragraph (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
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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.
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 same] the claims to the controller or
to the county commissioners and, if required, make oath or
affirmation before [him or them] the controller or commissioners
to the correctness [thereof] of the claims. The controller or
the commissioners, as the case may be, may[, if he or they deem
it necessary,] require evidence, by oath or affirmation, of the
claimant and otherwise that the claim is legally due and that
the supplies or services for which payment is claimed have been
furnished or performed under legal authority. [He or they] 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
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of this act by making two or more contracts for small amounts
which should have been in one. If [he or they] either shall find
[that there has been any evasion, or] that any such officer or
agent is so interested, [he or they] except as provided under
section 1806, or that there has been any evasion, the controller
or commissioners shall refuse to approve the claim.
Section 1751. Procedure for Approval.--[The] (a) In
counties having a controller, the controller shall date, upon
receipt, all bills, claims and demands [presented to him] which
the controller approves, [which he approves and only for such as
he 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 [his] the controller's
office and the check shall be forwarded to the county treasurer.
The county treasurer shall sign the check as [his] the
treasurer's draft upon the county treasury, but [he] 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
[his] the controller's office.
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(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 [his] the treasurer's
signature.
(c) In all cases the [cancelled] canceled checks or official
bank record thereof, shall be filed in the office of the county
treasurer, but [he] 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.
Section 1752. Claims Not Approved by Controller.--If, upon
receipt, the controller does not approve a claim, bill or demand
[presented to him, he], the controller shall within [thirty]
fifteen days forward it to the county commissioners together
with [his] notice that [he] the controller has disapproved the
claim, bill or demand or is unable to approve the same and [his]
the reasons therefor. The county commissioners shall consider
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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 [his] 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.
Section 1753. Reports to Commissioners.--[The] At the request
of the commissioners, the controller shall report to the
commissioners monthly [or oftener, if required by them,] the
amount of outstanding checks registered and the amount of money
in the treasury or the amount of any particular unencumbered
appropriation items involved.
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. [The commissioners, then, may
draw checks therefor without approval of the controller. The
certificates shall be filed with the controller or the
commissioners where there is no controller after the checks are
issued.]
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. [He] The treasurer shall keep
proper accounts of all moneys received and disbursed. [His
books] 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 [them] the commissioners in counties
having no controller. [He] The treasurer shall issue receipts[,
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at least in triplicate,] 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. [He] 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 [a certified daily or monthly deposit slip]
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
[his] the treasurer's last statement, showing the balance
remaining in [his] the accounts and the names of the collectors
having arrearages in taxes with the amounts thereof. [He] The
treasurer shall state [his] 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.
Section 40. Section 1761 of the act is repealed:
[Section 1761. Moneys Paid for the Redemption of Unseated
Land Sold for Taxes.--The treasurer shall pay over to his
successor in office all moneys paid to him for the redemption of
unseated land sold for taxes, which have not been called for by
the purchasers at treasurer's sale or their legal
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representatives during the continuance in office of such
treasurer. The county controller or auditor shall charge the
moneys so received to said treasurer, in the same manner that
other money received by him is charged, and the same shall be
paid to said purchasers, or their legal representatives when
called for, by orders drawn by the commissioners of the county
upon the treasurer as in other cases.]
Section 41. Sections 1762, 1770, 1770.1 and 1771 of the act
are amended to read:
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,
[furnish a bond to secure payment of deposits and any interest
to the county, secured by a surety company, or by the depositing
in escrow of securities to be approved by the county
commissioners. The parties may, by agreement, provide for
substitution of securities so held in escrow, the securities in
every case to be approved by the commissioners. Such bonds shall
be in a sum to be fixed by resolution of the county
commissioners.] 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
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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,
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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 [furnish a bond
or deposit securities in escrow 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 [section] 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.
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
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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 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 [counties] a
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county of the third, fourth, fifth, sixth, seventh [and] or
eighth [classes] 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 [pursuant to the act of
July 12, 1972 (P.L.781, No.185), known as the "Local Government
Unit Debt Act,"] 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 [of the fourth, fifth, sixth, seventh or eighth
class] 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 [of counties of the fourth,
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fifth, sixth, seventh and eighth classes] may levy and collect
an annual per capita tax on persons for county purposes.
(3) Any county [of the fourth, fifth, sixth, seventh or
eighth class] 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 [ten
thousand dollars ($10,000)] 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.
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
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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 [within ten days] 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.
Section 1771. Temporary Loans.--Whenever the funds of a
county have been exhausted, the county commissioners may
borrow[, on the credit of the county,] money in anticipation of
taxes to be collected for the current fiscal year[, and issue a
certificate of indebtedness] in accordance with 53 Pa.C.S. Pt.
VII, Subpt. B (relating to indebtedness and borrowing), payable
on a certain date, not exceeding [one year from the date of
issue] the last day of the fiscal year in which the tax
anticipation note is issued.
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Section 42. The act is amended by adding sections to read:
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.
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
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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.
Section 43. Section 1780 of the act is amended to read:
Section 1780. Fiscal Year and [Passage of Budgets]
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
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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.
Section 44. Section 1781 of the act is repealed:
[Section 1781. Preparation of Proposed Annual Budget.--(a)
The commissioners, at least ninety days prior to adopting the
budget, shall begin the preparation of the proposed budget for
the succeeding fiscal year.
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(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 transmit to the
commissioners a comparative statement of revenues for the
current and the immediately preceding fiscal year, and a
comparative statement of expenditures, including interest due
and to fall due on all lawful interest bearing debts of the
county for the same years. 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.
(c) The controller's statement shall also indicate the
amounts of all appropriation requests, submitted to the
controller or to the commissioners and supplied by them to the
controller, from the several county offices and agencies,
including estimates of expenditures contemplated by the
commissioners as forwarded by them to the controller.
(d) Said statements shall be in such form and detail as the
commissioners direct. 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.
(e) In counties not having a controller, the commissioners
shall prepare the statements hereinbefore required.]
Section 45. Sections 1782, 1782.1 and 1782.2 of the act are
amended to read:
Section 1782. Adoption of Budget; Publication of Proposed
Budget and Notice of Final Action Date.--(a) The proposed
budget shall be prepared and adopted [not later than December
thirty-first, and notice thereof shall be published, and the
proposed budget shall be made available for public inspection
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for at least twenty days prior to the date set for adopting the
budget. The date set for final action on the budget shall
likewise be made a matter of public notice for at least ten days
prior thereto.] 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) [Should it appear upon] 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 [or more than twenty-
five per centum in any function] 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.
Section 1782.1. Amending Budget; Notice.--During the month
of January next following any municipal election the
commissioners [of any county] may amend the budget and the levy
and tax rate to conform with its amended budget. [A period of
ten days' public inspection at the office of the chief clerk of
the proposed amended budget, after notice by the chief clerk to
that effect is published once in a newspaper as provided in
section 110 of this act, shall intervene between the proposed
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amended budget and the adoption thereof.] 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 [on or before] 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 [thereof or as to an
individual function in excess of twenty-five per centum of the
amount of such individual function in the proposed amended
budget].
Section 1782.2. Delivery of Tax Duplicates.--(a) The
[county] commissioners shall [within thirty days after the
adoption of the budget make out] 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
[county] 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
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by subsection (a) and they adopt a resolution that refers to the
finding.
Section 46. Section 1784 of the act is repealed:
[Section 1784. Supplemental Appropriations; Transfers of
Funds; Appropriation Limits.--The commissioners may at any time,
by resolution, make supplemental appropriations for any lawful
purpose from any funds on hand or estimated to be received
within the fiscal year and not otherwise appropriated, including
the proceeds of any borrowing now or hereafter authorized by
law. The commissioners may authorize the transfer of any
unencumbered balance of any appropriation item or any portion
thereof. During the last fifteen days of any fiscal year, they
may 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 such moneys to the
institution district. No work shall be hired to be done, no
materials purchased, no contracts made, and no order issued for
the payment of any moneys by the county commissioners, which
will cause the sums appropriated to be exceeded.]
Section 47. Sections 1784.1, 1784.3, 1785(a), (c) and (e)
and 1790 of the act are amended to read:
Section 1784.1. Take Money and Property by Gift, Etc.--The
[county] commissioners may take by gift, grant, devise or
bequest any money or property, real, personal or mixed, for the
benefit of the county.
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,
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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 [ten] 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; [or]
(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.
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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 [his] the secretary's
agent who shall be a person trained in the field of municipal
finance.
* * *
(c) The committee shall meet at the call of the Secretary of
Community and Economic Development or [his] 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.
* * *
(e) It shall be the duty of the Secretary of Community and
Economic Development or [his] 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 [his] the secretary's
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agent shall complete the preparation of the forms. After their
preparation, [he] the secretary shall issue said forms and
distribute them annually, as needed, to the commissioners,
controller or auditors of each county.
* * *
Section 1790. Membership.--In each county there [shall] may
be a sinking fund commission, composed of the commissioners, the
controller, or auditors in counties not having a controller, and
treasurer.
Section 48. The act is amended by adding a section to read:
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.
Section 49. Sections 1801, 1802, 1803, 1805, 1806 and 1807
of the act are amended to read:
Section 1801. Commissioners Sole Contractors for County
Generally.--(a) [The county] 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
[five hundred eight] 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 [county]
commissioners, or their designee. A copy of all [such] 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.
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(b) [Written] 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
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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
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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.
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 [hereinafter
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mentioned] 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 [county] commissioners, in sealed envelopes. [Bids]
(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.
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(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 [and awards, and the controller shall certify no checks for
contracts not made agreeably thereto].
(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 [commissioners] 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
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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
[cash, by a certified check,] a cashier's check[, bank good
faith 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. [Whenever it is required that a bid be
accompanied by cash, certified check, cashier's check, bank good
faith check or other irrevocable letter of credit or bond, no
bid shall be considered unless so accompanied.] In the event any
bidder shall, upon award of the contract to [him] the bidder,
fail to comply with the requirements [hereinafter stated] of
subsection (g) as to security guaranteeing the performance of
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the contract, the security furnished under this subsection shall
be forfeited to the county as liquidated damages.
(g) [The] Whenever a formal bid is required by this article,
the successful bidder[, when a formal bid is required herein,]
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 [herein] 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
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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
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"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 (relating to intergovernmental
cooperation) 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 [county] commissioners shall have authority to
enter into contracts for equipment and services related to
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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 [the]:
(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[," the act of October 28, 1983
(P.L.176, No.45), known as the "Antibid-Rigging Act," the act of
December 20, 1967 (P.L.869, No.385), known as the "Public Works
Contractors' Bond Law of 1967," the act of August 15, 1961
(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
Act," the act of November 26, 1978 (P.L.1309, No.317), known as
the "Public Works Contract Regulation Law," the act of February
17, 1994 (P.L.73, No.7), known as the "Contractor and
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Subcontractor Payment Act," the act of January 23, 1974 (P.L.9,
No.4), referred to as the Public Contract Bid Withdrawal Law,
and the act of April 4, 1984 (P.L.193, No.40), known as the
"Motor Vehicle 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.
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
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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 [county commissioners]
commissioner who so [vote] 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
[county] commissioners, this section shall be inapplicable.
(b) Any [county] commissioner who votes to unlawfully evade
the provisions of section [one thousand eight hundred two] 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
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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).
Section 1805. Sales of Personal Property and Surplus Farm
Products.--(a) No personal property [of the county] and no
surplus farm products [of counties of the fourth, fifth, sixth,
seventh or eighth classes] 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 [in
counties of the fourth, fifth, sixth, seventh or eighth classes
of] farm products, they shall estimate the sale value of the
entire lot to be disposed of, and, if the estimate be less than
[one thousand dollars ($1,000)] 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
[one thousand dollars ($1,000)] 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
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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 for
public inspection. 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 public 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.
Section 1806. County Officers Not to Be Interested in
Contracts, Generally.--[Restrictions] (a) Except as provided in
subsection (b), restrictions on the involvement of elected and
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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.
Section 1807. Application of Contract Provisions.--The
provisions of this article shall apply to all the contractual
powers of the [county] commissioners contained in this act, or
other laws insofar as they are not inconsistent therewith, and
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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.
Section 50. The act is amended by adding sections to read:
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
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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.
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.
Section 51. Subdivisions (a), (b) and (c) of Article XIX of
the act are repealed:
[(a) Appropriations for Military Purposes
Section 1901. Appropriation of Money or Land for National
Guard Armories.--(a) The board of commissioners may, either
independently or in connection with any other county, or with
any city, town, borough, or township, provide and appropriate
moneys, or convey land to the Commonwealth of Pennsylvania, to
assist the Armory Board of the State of Pennsylvania in the
erection, wherever deemed most advantageous by the Armory Board,
of armories for the use of the National Guard of Pennsylvania.
The board of commissioners may acquire land for such purpose,
either by purchase, at tax sale, by gift, by the right of
eminent domain, or otherwise.
(b) The board of commissioners may also furnish water,
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light, or fuel, either or all free of cost to the Commonwealth
of Pennsylvania, for use in any armory of the National Guard and
may do all things necessary to accomplish such purpose.
Section 1902. Appropriation for Maintenance of National
Guard.--(a) The board of commissioners may appropriate,
annually, from any moneys in the county treasury, not otherwise
appropriated, a sum not exceeding seven hundred and fifty
dollars ($750) for the support and maintenance, discipline and
training, of any dismounted company or similar unit of the
National Guard, and a sum not to exceed fifteen hundred dollars
($1500) for the support and maintenance, discipline and
training, of any mounted or motorized troop or similar unit of
the National Guard. Where such units are organized as a
battalion, regiment or similar organization, the total amount
due may be paid to the commanding officer of the battalion,
regiment or similar organization.
(b) Any moneys so appropriated shall be paid by voucher
check of the commissioners, drawn to the order of the commanding
officer of such company, battalion, regiment or similar
organization, only when it shall be certified to the
commissioners by the Adjutant General of the State that such
unit or units have satisfactorily passed the annual inspection
provided by law. The moneys so appropriated shall be used and
expended solely and exclusively for the support and maintenance,
discipline and training, of the said company, battalion,
regiment or similar organization, and the commanding officer
shall account, by proper vouchers to the said county each year,
for the expenditure of the money so appropriated, and no
appropriation shall be made for any subsequent year, until the
expenditure of the previous year is duly and satisfactorily
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accounted for.
(c) The accounts of such expenditures shall be subject to
the inspection of the Department of Military Affairs, and shall
be audited by the auditors, or the controller as the case may
be, in the manner provided by law for the audit of accounts of
county moneys.
Section 1903. Appropriation to Rifle-Clubs in Time of War.--
(a) At any time a state of war exists, the board of
commissioners may appropriate money to civilian rifle clubs,
duly chartered by the National Rifle Association of the United
States of America, for the maintenance and rental of rifle-
ranges, the employment of competent instructors and necessary
employes, and for the equipment and uniforms for the members of
such clubs, who volunteer for special military duty in their
respective counties, or answer any call of the Governor of the
Commonwealth.
(b) No moneys shall be appropriated to any such club, unless
practice on such rifle-range by the members of the club shall be
with the United States Military rifle or arms approved by the
State Adjutant General.
(b) Burial of Deceased Service Persons
and Surviving Spouses
Section 1908. Definitions.--(a) The term deceased service
person, as used in this subsection, shall mean and include:
(1) Any deceased person who, at the time of his or her
death, was serving (whether or not in a combat zone) in the
Army, Navy, Air Force, Marine Corps, Coast Guard, or any women's
organization officially connected therewith, during any war or
armed conflict in which the United States has been, is now or
shall hereafter be engaged, or who, at the time of his or her
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death, was serving in a zone where a campaign or state or
condition of war or armed conflict then existed, in which the
United States was, is or shall be a participant. The existence
of a campaign or state or condition of war or armed conflict,
and the participation of the United States therein, as well as
the fact that the deceased person served in a zone where such
campaign or state or condition of war or armed conflict existed,
shall, in each case, be established by the records of the
Department of Defense of the Federal Government; or
(2) Any deceased person, who had so served at any time
during his or her life, and whose separation from such service
was honorable, whether by discharge or otherwise, or who at the
time of his or her death was continuing in such service after
the cessation of the war, armed conflict, campaign or state or
condition of war during or in which he or she served; or
(3) Any deceased person who was in active service in the
militia of the State of Pennsylvania under and in pursuance of
any proclamation issued by the Governor during the Civil War,
who was not duly mustered into the service of the United States,
but was honorably discharged or relieved from such service.
(b) The term "legal residence" as used in this subsection,
shall be construed as synonymous with "domicile" and is hereby
defined as actual residence, coupled with intention that it
shall be permanent, or a residence presently fixed with no
definite intention of changing it, or of returning to a former
residence at some future period. Legal residence is to be
determined by abode of person and his or her intention to
abandon his or her former domicile and establish a new one. The
legal residence of a deceased service person shall be prima
facia in the county where he or she made his or her abode at the
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time of his or her death.
Section 1909. Funeral Expenses of Deceased Service
Persons.--(a) Any county is hereby authorized and directed to
contribute the sum of seventy-five dollars ($75) and may
contribute an additional sum of twenty-five dollars ($25)
towards the funeral expenses of each deceased service person in
the cases enumerated below, where in each case application
therefor is made within one year after the date of his or her
death. In the case of any deceased service person who died while
in the service, application need not be made within one year
after the date of his or her death, but may be made at any time
thereafter.
(b) Payments shall be made under the following
circumstances:
(1) Where the deceased service person at the time of his or
her death had his or her legal residence in the county, whether
or not he or she died in the county, and whether or not he or
she was buried in the county. It is hereby declared to be the
intent of the General Assembly that every deceased service
person having a legal residence in this Commonwealth at the time
of his or her death shall be entitled to the benefits of this
section, regardless of where he or she may have died or where he
or she may be buried, and that the liability therefor shall be
on the county, where the deceased service person shall have had
his or her legal residence at the time of his or her death.
(2) Where the deceased service person died and was buried in
the county, but at the time of his of her death did not have
legal residence within this Commonwealth, if the county
commissioners of the county where he or she died are notified in
writing by any organization of veterans that the body is
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unclaimed by relatives or friends, and upon investigation shall
find such condition to exist.
(3) Where a deceased service person has died while a member
of the Pennsylvania Soldiers' and Sailors' Home at Erie,
Pennsylvania, and such home incurs all funeral expenses and
buries the soldier in a cemetery in the City of Erie,
Pennsylvania, or the home furnishes clothing, casket and
shipping case, and ships the body to the county from which he
was admitted to the home, the county from which he was admitted
shall reimburse and pay to the Pennsylvania Soldiers' and
Sailors' Home the amount of seventy-five dollars ($75) or so
much thereof as was actually expended by the home.
Section 1910. Burial of Spouses of Deceased Service
Persons.--Upon due application and proof, the county is hereby
authorized and directed to contribute the sum of seventy-five
dollars ($75) and may contribute an additional sum of twenty-
five dollars ($25) from the county funds towards the funeral
expenses of any spouse of any deceased service person, who at
the time of his or her death had a legal residence in the
county, whether or not he or she died in the county and whether
or not he or she was buried in the county. The county shall not
contribute any moneys toward the funeral expenses of any spouse
of a deceased service person who had remarried after the death
of such deceased service person, nor unless application for the
payment of such moneys shall be made within one year after the
date of the death of such spouse.
Section 1911. Payment.--(a) It shall be the duty of the
county to cause a voucher check to be drawn upon the treasury of
their county in the sum of seventy-five dollars ($75), or one
hundred dollars ($100) if the additional sum of twenty-five
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dollars ($25) is authorized, for each body buried in accordance
with the provisions of this subdivision, to be paid out of the
funds of the county, and such checks shall be made payable to
the applicant or applicants if the application shows that the
funeral expenses have been paid, otherwise to the undertaker
performing the services with notice to the applicant.
(b) Application for such contribution shall be made by the
personal representative of such deceased service person or
deceased service person's spouse, if there be such personal
representative, and if no such personal representative has
qualified then by any next of kin, individual, or veterans'
organization, who or which assumes responsibility for the cost
of burial of the body. The application shall be sustained by
affidavit as to the facts.
(c) The application shall be on forms prescribed by the
Department of Military Affairs and shall set forth whether or
not the funeral expenses have been paid. The application shall
have attached thereto a certified copy of the death certificate
and a certification by the undertaker, who had charge of the
burial of the body, and to the effect that the undertaker did
render such service.
Section 1912. Notification of County Commissioners.--The
coroners and all other public officers, agents and servants and
all officers, agents and servants of any county, city, township,
borough, district or other municipality, or of any prison,
morgue, hospital, home or other public institution, having the
control or custody of the body of the deceased service person
whose body is entitled to be buried under the provisions of this
subdivision, shall, immediately upon the death or arrival of the
body of such deceased service person, notify the county
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commissioners of the county wherein such death occurred, or
wherein such deceased service person shall have had his legal
residence.
Section 1913. Markers for Graves; Headstones.--(a) The
county commissioners of each county shall, from time to time as
they consider expedient, procure appropriate markers for the
graves of deceased service persons and the graves of all other
deceased persons who served in the Army, Navy, Air Force, Marine
Corps, Coast Guard, Merchant Marine during World War II or any
organization officially connected therewith and whose separation
from such service was honorable, whether by discharge or
otherwise. Such markers shall be of cast bronze, aluminum or a
suitable substitute material.
(b) The county commissioners shall procure bronze, aluminum
or suitable substitute material markers from some manufacturer
or manufacturers, engaged in the manufacturing of the same, and
in the contract for the furnishing thereof, the manufacturer
furnishing the bronze markers shall warrant that the same are
made of the following metals, and in the following proportions:
copper, eighty-five per centum; tin, five per centum; zinc, five
per centum; and lead, five per centum.
(c) The manufacturer shall be liable to the county to an
amount equal to the sum paid to him by the county for the
markers, if the above proportions of metals are not contained in
the markers.
(d) Nothing, except actual fraud on the part of the county
commissioners, shall render them liable for any amount if it is
established that the markers are not composed of the metals in
the proportions above recited.
(e) No officer, trustee, association, corporation or person
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in control of any cemetery, or a public burying ground, shall
have the right to question the composition of such bronze
markers, or to require that any of them be chemically analyzed
before being placed in the cemetery, or under any circumstances
to refuse to permit the erection thereof in the cemetery, or
public burying ground, or to charge for making the foundations
for the same more than is charged for making similar foundations
of the same proportion. Any person who violates any of the
provisions of this subsection shall, upon conviction thereof in
a summary proceeding, be sentenced to pay a fine of not less
than ten dollars ($10) nor more than one hundred dollars ($100)
for each offense.
(f) The county commissioners of each county are hereby
authorized and directed to place a marker upon the grave of each
deceased service person and the graves of all other deceased
persons who served in the Army, Navy, Air Force, Marine Corps,
Coast Guard, Merchant Marine during World War II or any
organization officially connected therewith and whose separation
from such service was honorable, whether by discharge or
otherwise, who, at the time of his or her death, had his or her
legal residence in the county, whether or not he or she died in
the county, and whether or not he or she was buried in the
county, and upon the grave of each deceased service person
buried in the county, who at the time of his or her death did
not have a legal residence within this Commonwealth. When such
deceased service person shall have been a veteran of any war or
campaign for which the Government of the United States issued
discharge buttons, the markers designated for their graves shall
include a facsimile of said discharge button. When such markers
are upright flag holders they shall consist of cast bronze or
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any other weather resistant material. When such deceased service
person shall have been a veteran of the Korean Conflict, the
markers designated for their graves shall include a circular
emblem with the words "Korea, U.S., 1950-1953" in the border
thereof, and shall incorporate the insignia of the Army, Navy,
Marine Corps, Air Force, and Coast Guard, in the form approved
by the State Veterans' Commission.
(g) It shall be the duty of the county commissioners of each
county, upon or at any time subsequent to the death of any
deceased service person and the graves of all other deceased
persons who served in the Army, Navy, Air Force, Marine Corps,
Coast Guard, Merchant Marine during World War II or any
organization officially connected therewith and whose separation
from such service was honorable, whether by discharge or
otherwise, who, at the time of his or her death, had his or her
legal residence in the county, on application as hereinafter
provided, to cause a headstone or bronze memorial tablet to be
placed at the head of or on the grave of each such deceased
service person.
(h) Each headstone shall contain his or her name and the
rank and organization to which he or she belonged or in which he
or she served, in letters raised or cut in at least three-
sixteenth of an inch deep. The headstone shall be of either
marble or granite, and shall be placed or set in a concrete base
at least three feet deep, or if a headstone has been provided
for such grave by the United States Government, the county
commissioners shall provide the concrete base therefor, or if
lettering only on an existing memorial is desired by the family,
the county commissioners shall provide such lettering.
(i) In the event the body of any deceased service person
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either cannot or will not be returned to the United States of
America, it shall be the duty of the county commissioners to
cause a headstone to be placed in the family plot of such
deceased service person. Said headstone shall have inscribed
thereon, (1) the name, rank and organization of such deceased
service person, (2) the name of the country, location or manner
in which such person lost his or her life, and (3) the cemetery
or location in which the body, if buried, was finally laid to
rest. Application therefor shall in each case be made on forms
prescribed by the Department of Military Affairs and may be made
by any relative of the deceased service person, or by a friend
if there is no objection by the nearest relative. Each
application must be approved by an organization of veterans of
any war in which the United States has been, is now or shall
hereafter be engaged.
(j) The expense in each case shall be borne by the county in
which the deceased service person had his or her legal residence
at the time of his or her death, whether or not he or she died
in the county, and whether or not he or she was buried in the
county. The expense shall not exceed the sum of one hundred
dollars ($100) for each headstone or concrete base or lettering
or bronze memorial tablet and the county commissioners of each
county, acting under this section, shall cause to be drawn a
voucher check on the treasury of the county for the payment of
said expense in favor of the party or parties furnishing such
headstone or concrete base or lettering or bronze memorial
tablet.
(k) In cases of dispute concerning the legal residence of a
deceased service person, the county in which a deceased service
person is buried shall perform the duties hereinbefore set
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forth. No such payment or payments shall be made, unless the
application therefor shall be approved before the commencement
of the project by the county commissioners.
(l) Any person who shall wilfully, maliciously, or
carelessly destroy, mutilate, remove or deface any grave marker,
headstone or flag holder, placed or erected under the provisions
of this section, shall be guilty of the grade of offense in
relation to the dollar amount of the theft or damage done in
accordance with 18 Pa.C.S. § 3903 (relating to grading of theft
offenses).
Section 1914. Burial Plots.--The county commissioners of the
several counties are hereby authorized to purchase plots of
ground, in any cemetery or burial ground in their respective
counties, for the interment of deceased service persons whose
bodies are entitled to be buried under the provisions of this
subdivision, and to cause to be drawn a voucher check upon their
county treasury for the payment of the same. The purchase price
of said plots of ground shall not be charged against or allotted
as part of the cost of burial of such deceased service persons
who may be buried in any of said plots under the provisions of
this subdivision.
Section 1915. Care of Graves and Markers.--The county
commissioners of each county shall, at all times, see that the
graves and tombstones of all deceased service persons who are
buried in such county, receive proper and fitting care, and may
employ all necessary assistants to carry out the provisions of
this section. The expense of the care of such graves and
tombstones shall be borne by the county where said graves are
located, except where suitable care is otherwise provided. Money
so appropriated may be expended directly by the county
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commissioners, or paid over to the person, firm, association or
corporation owning or controlling any cemetery or burial place
in the county where any such grave is situated. The sum so paid
over in any year shall not exceed for each grave the charge for
the annual care and maintenance of like graves in the same
cemetery, or, if no such fixed charge is established in that
cemetery, it shall not exceed the sum charged in other
cemeteries in the same county for like service.
Section 1916. Proof of Service, Et Cetera.--(a) In each
case, where application is made for a contribution toward the
funeral expenses of a deceased service person, or the surviving
spouse of a deceased service person, or for a headstone or
concrete base or lettering or bronze memorial tablet, the county
commissioners shall, before expending any money therefor,
require proof of the following facts:
(1) The service of the deceased service person which
entitles him or his surviving spouse to the benefits of this
subdivision. Such proof shall be by the production of an
honorable discharge or other official record showing service
during any war in which the United States is or was engaged, or
by the records of the Department of Defense of the Federal
Government, or by copies thereof filed in the Department of
Military Affairs showing the existence of a campaign or state or
condition of war, the participation of the United States
therein, and the service of the deceased service person in a
zone where such campaign or state or condition of war existed.
(2) The death of the deceased service person.
(3) In the case of the burial of the surviving spouse of a
deceased service person, the death of such surviving spouse, and
the fact that the spouse was married to the deceased service
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person at the time of his death, and that the spouse has not
since remarried. The proof required by clauses one and two of
this subsection shall also be required in such cases.
(4) Except in cases where persons not having a legal
residence within this Commonwealth are entitled to any of the
benefits of this subdivision, the legal residence within the
county of the deceased service person, or of the surviving
spouse of a deceased service person, as the case may be.
(b) Death shall in all cases be proved by death certificate
where the same is procurable, otherwise by affidavit of one or
more persons personally acquainted with the deceased, and the
fact of his or her death, or by proof of the record of death
kept by the attending physician, or by proof of the record of
burial kept by the undertaker by whom he or she was buried, or
by the church burial association or cemetery company maintaining
the graveyard, burial ground or cemetery in which he or she was
buried.
(c) Where any proof required by this subdivision has been
furnished to the county commissioners, no further proof of the
same facts shall be required in order to obtain any other
benefit under the provisions of this subdivision.
(c) Memorial Observances
Section 1921. Appropriations to Veterans' Organizations for
Expenses of Memorial Day, Veterans' Day, Flag Day and
Independence Day.--(a) The board of commissioners may
appropriate, annually, to each camp of the United Spanish War
Veterans, and to each post of the American Legion, and to each
post of the Veterans of Foreign Wars, and to each post of the
Veterans of World War I of the U. S. A., Inc., and to each post
of the American War Veterans of World War II (AMVETS), and to
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each post of the Society of the Twenty-eighth Division, AEF,
Incorporated, and to each post of the Italian American War
Veterans of the United States, Incorporated, and to each
detachment of the Marine Corps League, and to each Naval
Association, and to each post of the Grand Army of the Republic,
and to each post of the Disabled American Veterans of the World
War, and to each organization of American Gold Star Mothers, and
to each organization of ex-service persons incorporated under
the act of April twenty-nine, one thousand eight hundred
seventy-four (Pamphlet Laws 73), and the supplements thereto, in
the county, any sum budgeted to aid in defraying the expenses of
Memorial Day, Veterans' Day, Flag Day and Independence Day.
(b) Where the Grand Army of the Republic has ceased to exist
or to function, such appropriation may be made to the Sons of
Union Veterans of the Civil War or, in the absence of such
order, to a duly constituted organization which conducts the
decorating of graves of Union Veterans of the Civil War.
(c) Such payments shall be made to defray actual expenses
only. Before any payment is made, the organization receiving the
same shall submit verified accounts of their expenditures.
Section 1922. Flags to Decorate Graves.--(a) It shall be
the duty of the county commissioners to provide flags on each
Memorial Day with which to decorate the graves of all deceased
service persons and the graves of all other deceased persons who
served in the Army, Navy, Air Force, Marine Corps, Coast Guard,
Merchant Marine during World War II or any organization
officially connected therewith and whose separation from such
service was honorable, whether by discharge or otherwise, buried
within the county. The flags to be used for such purposes shall
be of one standard size, colorfast and American made, and shall
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be purchased at the expense of the county from moneys in the
county treasury.
(b) Such flags shall be furnished to the various veterans'
organizations in such numbers as they shall require for their
respective communities.
(c) The moneys expended by any county under the provisions
of this section shall be in addition to moneys appropriated by
counties for Memorial Day purposes.
(d) The authorities in charge of any cemetery are authorized
to remove such flags when the same become unsightly or
weatherworn at any time not before the first working day after
Independence Day of each year.
(e) Any authority or person in charge of any cemetery who
shall remove or cause the removal of the flags prior to the
first working day after Independence Day shall be guilty of a
summary offense and, upon conviction thereof, shall be sentenced
to pay a fine in the amount of three hundred dollars ($300) and,
upon failure to pay such fine, to undergo imprisonment not to
exceed ninety days.
Section 1923. Compilation of War Records; Director of
Veterans' Affairs.--(a) The county commissioners of each county
are hereby authorized and directed, at the expense of the
county, to compile a record of the burial places within such
county of deceased service persons. Such record, so far as
practicable, shall indicate the name of each such person, the
service in which he or she was engaged, the number of the
regiment or company or command, the rank and period of service,
the name and location of the cemetery or other place in which
his or her body is interred, the location of the grave in such
cemetery or other place, and the character of headstone or other
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marker, if any, at such grave. Such record shall be known as the
Veterans' Grave Registration Record
of ............................. County, and shall be a public
record, open to inspection during business hours.
(b) The county commissioners of each county shall cause
record blanks to be prepared, according to forms prescribed by
the Department of Military Affairs, whereby the information
required for such record may be transmitted to them.
(c) Every person, firm, association, or corporation,
including a municipal corporation, owning or controlling any
cemetery or burial place within the Commonwealth, in which are
interred the bodies of deceased service persons, shall file with
the county commissioners of the county in which such cemetery is
located a certificate, on the record blanks provided by said
county commissioners, of the facts required for such record, as
far as the same are within the knowledge of such person, firm,
association, corporation, or the agents thereof.
(d) The county commissioners shall cause record blanks to be
distributed to such persons, firms, associations, and
corporations as they deem advisable, with the request that such
information be transmitted to them. Any such person, firm,
association or corporation, except municipal corporations, upon
receipt of such blanks or forms, who shall refuse or neglect to
fill out and transmit to the county commissioners such blanks or
forms within six months after receipt of same, upon conviction
thereof in a summary proceeding, shall be sentenced to pay a
fine of one hundred dollars ($100).
(e) For the purpose of locating the burial places of persons
who have served in the military or naval service or other
branches of the combative forces of the United States during any
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war or armed conflict in which the United States was engaged,
the Grand Army of the Republic, the United Spanish War Veterans,
the Veterans of Foreign Wars of the United States, the American
Legion, the Disabled American Veterans, the Veterans of World
War I of the U. S. A., Inc., the American Veterans of World War
II (AMVETS), the Marine Corps League, and the Italian American
War Veterans of the United States, Incorporated, through their
local camps, posts and branches in this Commonwealth, are
authorized, without expense to the county, to collect the
required data and prepare and file with the county commissioners
certificates embodying the information provided for in this
section.
(f) For the purpose of carrying into effect the provisions
of this section, the county commissioners shall appoint a
director of veterans affairs, who shall receive such
compensation as the salary board may fix.
(g) It shall also be the duty of the director of veterans
affairs to:
(1) Assist the county commissioners in administering the
provisions of this subdivision which relate to the burial of
deceased service persons and their surviving spouses and to
furnishing markers and placing headstones on their graves.
(2) Assist war veterans and their families in securing their
rights as such in matters relating to their person, property and
care of family, under any of the laws of this Commonwealth and
of the United States, and for such services the director of
veterans affairs shall be entitled to his expenses incurred
therein and additional compensation. Both expenses and
compensation shall be subject to the approval of the salary
board.
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(3) Assist the county commissioners in transmitting records
of burial places of deceased service persons to the Department
of Military Affairs of the Commonwealth, for the use of the
Deputy Adjutant General in charge of Veteran Affairs, and
otherwise assist the commissioners in cooperating with the said
deputy.]
Section 52. Sections 1928, 1929, 1930, 1931, 1936, 1937,
1938, 1939, 1947(d), subdivision (g.1) heading of Article XIX,
sections 1948 and 1951, subdivision (h.1) heading of Article XIX
and sections 1953 and 1955 of the act are amended to read:
Section 1928. County History.--The county commissioners [of
any county], either independently or in connection with any
other municipality [or municipalities] within their county or
any society or organization, may appropriate money for the
compilation of a county war history or any general history or
historical account related to the history records and government
of the county, and for the publication and distribution of the
same.
Section 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 [or
to county historical societies], 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.
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Section 1930. Qualification of Society.--[In order to
entitle any historical society to the said appropriation, the
following conditions shall have been first complied with. It
shall have been organized at least two years, incorporated by
the proper authority, and have an active membership of one
hundred or more persons, each of whom shall have paid into the
treasury of said society a membership fee of at least two
dollars ($2) for the support of the same. It shall hold at least
two public meetings yearly, whereat papers shall be read or
discussions held on historic subjects. It shall have established
a museum wherein shall be deposited curios and other objects of
interest, and books, documents and papers relating to the
history of the county or Commonwealth. It shall have adopted a
constitution and code of by-laws and elected proper officers to
conduct its business.] 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 (100) days per year.
Section 1931. Restoration and Preservation of Historic
Sites.--The board of commissioners [are] 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[:
Provided, however, That such sites shall have been designated by
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the Pennsylvania Historical and Museum Commission as a monument
worthy of restoration and preservation: And provided further,
That local historical societies, associations or interested
citizens shall have made substantial contributions toward such
restoration and preservation]. 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.
Section 1936. Cooperative Extension Work in Agriculture [and
Home Economics], Natural Resources, 4-H Youth, Families,
Nutrition and Community Development.--[The board of
commissioners may make appropriations annually for agricultural
and home economics extension work, in cooperation with the
Pennsylvania State University in encouraging improved methods of
farm management and home economics and giving practical
instruction and demonstrations in agriculture, for the purpose
of improving and developing the agricultural resources of the
county. An educational program will be conducted to include the
body of scientific knowledge in agriculture, family living, and
resource development and to encourage application of the same.]
The 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
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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 [court house] for
headquarters for such cooperative work.
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 total amount of
any such appropriation in any one county shall not exceed
fifteen hundred dollars ($1500) in any one year. Where more than
one such society or association is located in the county, the
amount appropriated may be distributed and divided among said
societies and associations in such proportions and such amount
as the board of commissioners, in its discretion, may
determine.]
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. [Such appropriations may be made in the
amount of three hundred dollars ($300) or more, but the total
amount of such additional appropriations shall not exceed
fifteen hundred dollars ($1500) in any one year.]
Section 1938. Suppression of Animal and Plant Disease.--The
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board of commissioners is hereby authorized to make
appropriations from county funds for the purpose of controlling
and suppressing dangerous [infectious disease of livestock and
poultry] 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.
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. [The total amount of any
such appropriation shall not exceed five thousand dollars
($5000) in any one year, and where more than one such
association is located in the county, the amount appropriated
may be divided among them in such proportions and amounts as the
county commissioners may determine.]
Section 1947. Prevention and Control of Floods.--* * *
(d) In exercising the powers herein conferred, the county
commissioners may, in their discretion, subject to the
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limitation of the Constitution, issue interest bearing bonds of
the county in accordance with the provisions of [the Municipal
Borrowing Law] 53 Pa.C.S. Pt. VII Subpt. B (relating to
indebtedness and borrowing).
(g.1) Disaster Emergency Aid to Municipalities in Counties of
the Third through Eighth Class
Section 1948. Emergency Appropriation to Municipal
Corporations.--(a) The board of county commissioners of any
third through eighth class county may appropriate money [from
the county's operating reserve fund, created and maintained in
accordance with section 513,] 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).
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 [appropriate annually, except as
hereinafter provided, a sum not in excess of six hundred dollars
($600),] 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 [give]
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gives fire protection to approximately all parts of the county[,
or may appropriate up to one-half of such amount to each of two
such departments or two such companies or one such department
and one such company when each gives fire protection to
approximately one-half of the entire 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.
(h.1) Fire Marshal and Assistant Fire Marshals in Counties of
the Third through Eighth Class
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.
Section 1955. Drilling Gas Wells and Laying Gas Lines.--(a)
The board of commissioners [of counties, situated in regions
wherein natural gas is known to be obtainable,] 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
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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 [XX] XVIII of this act.
Section 53. The act is amended by adding a section to read:
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.
Section 54. Subdivision (j) heading of Article XIX of the
act is repealed:
[(j) Law Libraries]
Section 55. Section 1971 of the act is amended to read:
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
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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.
Section 56. Section 1972 of the act is repealed:
[Section 1972. Bounties for Destruction of Rattlesnakes,
Copperhead Snakes and Porcupines.--The board of commissioners of
any county of the sixth, seventh or eighth class may provide for
the payment of rewards or bounties for the killing within the
county of rattlesnakes and copperhead snakes, not more than one
dollar ($1) for each, and for the killing of porcupines, not
more than fifty cents (50¢) each. They may make appropriations
for such purposes.]
Section 57. Section 1975 of the act is amended to read:
Section 1975. [Garbage and Refuse Disposal in County
Plants.--The county] Municipal Waste Processing and Disposal in
County Facilities.--(a) The commissioners of any county shall
have the power to operate [garbage and refuse disposal plants or
facilities, and incinerating furnaces,] 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 [garbage and refuse
in such facilities, erected and maintained by the county, as
provided in Article XXIII of this act] municipal waste in the
facilities constructed and maintained by the county, and to
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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."
Section 58. Subdivision (m) of Article XIX of the act is
repealed:
[(m) County and County Aided Institutions
Section 1980. Board of Visitors for Charitable Reform and
Penal Institutions.--(a) The court of common pleas in each
county shall, annually, appoint three reputable citizens of the
county, on or before the first Tuesday of January, to serve as a
board of visitors for that year. Two of the members of said
board shall be of the majority party in the county and one shall
be of the minority party, all of which shall be determined from
the registration lists of the county. Vacancies upon the board
shall be filled by the said court in like manner. The members of
the board shall serve without compensation, but shall be paid
such sum or sums for actual and necessary expenses as may be
approved by the board of commissioners of the county.
(b) The board of visitors of each county shall visit at
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least three times a year all county hospitals, detention homes,
children's homes, jails and like institutions of the county, or
any agency of the county, or in counties of the third class of
the institution district of the county, and all similar
institutions and other charitable institutions to which the
county appropriates money. Such visits shall be unannounced, and
shall be made either by all of the members of the board or by a
lesser number acting for the board. The board shall inspect the
premises involved, and shall be entitled to full access thereto
and to interview any of the inmates thereof, and shall inspect
and ascertain all matters pertaining to the welfare and proper
conduct of such institutions and, particularly, the treatment
received by the inmates. The board shall make an annual report
to the court of common pleas, upon a date fixed by the court,
regarding all such things and such other matters as may be
referred to them by the court regarding such institutions, and
the board may also report to the said court, from time to time,
as the board shall see fit. A copy of such reports shall be
submitted by the board to the proper authorities for such
institutions.]
Section 59. Subdivision (n) heading of Article XIX and
section 1985 of the act are amended to read:
(n) Appropriations to Industrial Development
Agencies [and Tourist Promotion Agencies]
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 agency," as defined in
the act of May 31, 1956 (P.L.1911), known as the "Industrial
Development Assistance Law,"] "industrial development
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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,
[the compilation of] compiling data and statistics and in the
carrying out of planning and promotional programs.
Section 60. Section 1986 of the act is repealed:
[Section 1986. Appropriations to Tourist Promotion
Agencies.--The board of commissioners may appropriate, annually,
such amount of money but not in excess of thirty-five cents
(35¢) for each resident of the county, as determined by the last
census, which may be deemed necessary to any "tourist promotion
agency" as defined in the act of April 28, 1961 (P.L.111), known
as the "Tourist Promotion Law," to assist such agencies in
carrying out tourist promotional activities.]
Section 61. Section 1990 of the act is amended to read:
Section 1990. Appropriations for Handling, Storage and
Distribution of Surplus Foods.--The board of commissioners [of
any county to which this act applies] 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.
[All appropriations of moneys heretofore made by the board of
commissioners of any county out of county funds, or county
institution district funds, for the handling, storage and
distribution of surplus foods obtained either through a local,
State or Federal agency are hereby validated.]
Section 62. Section 1991 of the act is repealed:
[Section 1991. Food Stamp Program.--The board of
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commissioners of any county to which this act applies may by
resolution adopt the food stamp program. Upon adoption of the
program the county shall appropriate money and shall pay,
quarterly from county funds, the amounts certified to the county
as being the obligations to the Department of Public Welfare for
thirty percent of the amount expended by the department for
administration of the food stamp program for the county during
the fiscal year 1965-1966, for forty percent of the amount
expended during the fiscal year 1966-1967 and for fifty percent
of the amount expended during the fiscal year 1967-1968 and
thereafter.]
Section 63. Subdivision (p) heading of Article XIX and
section 1995 of the act are amended to read:
(p) Historical Property and Museums
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 [either listed in the catalogue
of historical sites and buildings in Pennsylvania issued by the
Joint State Government Commission, or approved for acquisition
by the Pennsylvania Historical and Museum Commission as having
historical significance.] listed or eligible to be listed in the
National Register of Historic Places or designated as historic
by resolution of the commissioners.
Section 64. The act is amended by adding a section to read:
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
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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.
Section 65. Article XIX of the act is amended by adding a
subdivision to read:
(p.1) Legal Aid Services
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.
Section 66. Subdivision (q) heading of Article XIX and
section 1997 of the act are amended to read:
(q) Transportation and Traffic Control Devices
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 [or], 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.
Section 67. The act is amended by adding a section to read:
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
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of any traffic signal, as defined in 67 Pa. Code § 212.1.
(relating to definitions).
Section 68. Subdivision (s) heading of Article XIX, section
1999, subdivision (t) heading of Article XIX, sections 1999a,
1999b, 1999c and 1999d, subdivision (x) heading of Article XIX
and sections 1999f, subdivision (z) heading of Article XIX and
1999g of the act are amended to read:
(s) Appropriations for Recreation and Historic and
Museum Projects of [Boroughs and Townships] Municipal
Corporations, Authorities and Nonprofit Organizations
Section 1999. Appropriations for [Grants to Aid Certain]
Recreation and Historic and Museum Projects.--(a) The board of
commissioners of any county may appropriate from county funds
moneys for grants to assist [boroughs or townships within the
county in the purchase or acquisition of lands or buildings, or
both,] 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 [or] 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
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development of facilities related thereto; or
(3) preserve sites of historical significance.
(t) Appropriations to Institutions of Higher
Learning or to Nonprofit Educational Trusts in Counties of the
Third through Eighth Class
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
[State Colleges or] 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.
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
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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[, including but not
limited to the young, the poor and the aged,] 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.
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 [Resources] 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
[Federal Power Commission] 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
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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.
[Every such agreement, contract, grant, conveyance, lease,
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transfer, assignment, encumbrance, mortgage and pledge
heretofore made to or with any authority organized by any county
is hereby ratified, confirmed and made valid and the same shall
be and remain lawful, valid and enforceable according to its
terms.]
(e) Any county may enter into an agreement and contract for
the sale of water to any other [county, city, borough,
incorporated town, township] municipality, authority or public
utility at reasonable and uniform rates to be determined
exclusively by it.
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.
(x) Crime Detection Laboratory and Police Training School
in Counties of the Third Class
Section 1999f. Parking Facilities.--The board of
commissioners of any county may appropriate moneys from the
county treasury for the purpose of purchasing, constructing,
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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. [The county, at the discretion of the
commissioners, may establish or designate parking areas
exclusively reserved for parking by handicapped individuals and
may post signs indicating such restriction.]
(z) [Non-debt] Revenue Bonds for Industrial Development
Projects
Section 1999g. Issuance of [Non-Debt] Revenue Bonds for
Industrial Development Projects.--The board of commissioners of
any county is empowered to issue [non-debt] revenue bonds of the
county pursuant to provisions of [the act of June 25, 1941
(P.L.159). known as the "Municipal Borrowing Law," and its
amendments] 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
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rights, franchises, machinery, equipment, furnishings,
landscaping, utilities, railroad spurs and sidings, wharfs,
approaches and roadways necessary or desirable in connection
therewith or incidental thereto, said bonds to be secured solely
by the pledge of the whole or part of the fees, rents, tolls or
charges derived from the ownership or operation of such
facilities or for the use or services of the same.
Said industrial development project or projects financed by
the issuance of [non-debt] revenue bonds as in this section
provided may be leased by the county in whole or in part to a
lessee or lessees for a period of years equal in time to the
period of maturity of the bonds so issued.
Included in the cost of the issue may be any costs and
expenses incident to constructing and financing the facilities
and selling and distributing the bonds.
The board of commissioners [in] 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 (Act
No. 102), known as the "Industrial Development Authority Law,"]
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 [non-debt]
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 [are] is further empowered to
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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.
Section 69. Article XIX of the act is amended by adding
subdivisions to read:
(z.3) Civil Service in Counties
of the Second Class A
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.
(z.4) Insuring County Against Loss or Liability
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.
(z.5) Lot and Block System in Counties
of the Second Class A
Section 1999l. Lot and Block System, Generally.--Any county
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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.
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 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
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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.
Section 70. The act is amended by adding an article to read:
ARTICLE XIX-A
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MILITARY AND VETERANS AFFAIRS
(a) Appropriations for Military Purposes
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.
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
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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.
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.
(b) Interment of Deceased Servicepersons
and Surviving Spouses
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:
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(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
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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.
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
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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.
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.
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
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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.
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 upright 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 an upright a flag holder upon the grave of
each deceased serviceperson and the graves of all other deceased
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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 upright 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 an upright 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.
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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
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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 or
negligently 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).
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 subdivision. 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 subdivision.
Section 1915-A. Care of graves and headstones.
The county commissioners of each county may ensure that the
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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.
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 subdivision. 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
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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 subdivision, 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
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subdivision has been furnished to the county commissioners, no
further proof of the same facts shall be required in order to
obtain any other benefit under this subdivision.
(c) Memorial Observances
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'
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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.
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.--Annually, the authorities in charge of
each cemetery are authorized to remove flags when flags become
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unsightly or weatherworn any time on or after the first workin g
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.
(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 n ormal
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.
(e) (F) Offense.-- An authority or person in charge of a
cemetery Except as otherwise provided in this section, a person,
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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).
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,
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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.
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(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.
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. §
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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.
Section 71. Section 2101 of the act is amended to read:
Section 2101. Health Work.--The [board of county]
commissioners may provide and annually appropriate from any
moneys in the county treasury not otherwise appropriated such
sum or sums as they deem necessary for the protection of the
health, cleanliness, convenience, comfort and safety of the
people of the county.
Section 72. Subdivision (b) of Article XXI of the act is
repealed:
[(b) County and Joint County Hospitals
Section 2110. Expenses of Maintenance, Care and Treatment.--
All expenses incident to the maintenance and operation of any
county or joint county contagious disease hospitals, and of
buildings, wings and units at general hospitals, erected and
equipped for such diseases, under the provisions of this act,
shall be paid by the county, or by the counties so joining, out
of county funds in accordance with the agreement made between or
among the participating counties, or between or among the county
and any municipalities within the county, in the case of joint
county hospitals, or of buildings, wings and units at general
hospitals jointly agreed upon by counties under the provisions
of this act. The county, or each county in the case of joint
arrangements, shall separately be liable to pay the cost of the
care and treatment of its indigent patients and those unable to
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pay the entire cost of care and treatment in such contagious
disease hospitals, and in buildings, wings and units at general
hospitals, and for such purposes any county, or the counties so
joining, shall have power to appropriate county funds.
Section 2111. Administration of County and Joint County
Hospitals.--After any county hospital for contagious diseases is
erected and equipped and ready for occupancy, it shall be
operated by and under the authority of the county commissioners
of the county in the same manner that other county buildings and
institutions are operated, and in the case of joint county
hospitals, the operation shall be in the manner provided in the
agreement between the counties. All county or joint county
contagious disease hospitals heretofore erected and constructed
shall hereafter be maintained and operated in the manner
provided by this subdivision.
Section 2112. Removal of Contagious Cases to Hospital.--In
any county having a hospital for the care and treatment of
contagious diseases, any lawfully authorized health authorities
of or within the county may remove cases of contagious disease
to such hospital for treatment and isolation, whenever proper
quarantine measures cannot otherwise be enforced.
Section 2113. Advisory Board for County Hospital for
Tuberculosis.--(a) If a majority of the electors voting upon
the question submitted to them, pursuant to the provisions of
this act, at an election, shall be in favor of the establishment
of a hospital by the county for treatment of persons afflicted
with tuberculosis, the court of common pleas of the county shall
immediately appoint an advisory board of five members, all of
whom shall be electors of the county and one of whom shall be a
licensed physician. The members of said board shall be
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appointed, one for a term of five years, one for a term of four
years, one for a term of three years, one for a term of two
years and one for a term of one year or until their successors
are appointed and have qualified. All appointments at the
expiration of any term shall be for a term of five years.
(b) The board shall meet monthly and at such other times as
it may be deemed necessary. The board shall visit and inspect
and keep in close touch with the management and operation of
said hospital, and shall, from time to time, make such
recommendations and suggestions to the county commissioners for
changes or improvements in said management and operation as may
be deemed advisable. It shall also make an annual report to the
county commissioners concerning the management and operation of
said hospital.
(c) The county commissioners shall, at the expense of the
county, provide a meeting place for said board, and furnish all
supplies and materials necessary to carry on its work.
(d) The members of the board shall not receive any
compensation for their services, but shall be allowed all actual
and necessary expenses, incurred in the discharge of their
duties, which shall be paid by the county.
Section 2114. Employes' Salaries in County Hospital for
Tuberculosis.--The county commissioners may, after consultation
with the advisory board, employ a superintendent and such
physicians, nurses and other employes as may be necessary to
properly conduct and manage such hospital and the salary board
shall fix their compensation. All such salaries shall be paid by
the county treasurer in the usual manner.
Section 2115. Management.--The county commissioners shall
have power, after consulting with the advisory board, to make
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general rules and regulations for the management of the county
hospital for tuberculosis, and shall have power to do all acts
deemed necessary to promote the usefulness of the hospital in
the prevention of tuberculosis.
Section 2116. Use of Hospital.--Every hospital established
under the provisions of this act for the treatment of
tuberculosis shall be used for the benefit of all inhabitants
afflicted with tuberculosis resident within the county in which
the hospital is located, and all such persons shall be entitled
to occupancy, nursing, care, treatment and maintenance according
to the rules and regulations prescribed by the county
commissioners. The county commissioners may exclude from the use
of the hospital any person who wilfully violates any rule or
regulation adopted for the hospital by said county
commissioners. The county commissioners may charge and collect,
from persons admitted to the hospital or persons legally
responsible for their maintenance, reasonable compensation for
the care, treatment and maintenance of such persons, but free
treatment shall be given to all such persons who are, after
reasonable investigation, found to be unable to pay.
Section 2117. Patients from Other Counties; Donations.--(a)
The county commissioners may admit patients to the county
hospital for tuberculosis who are resident within any other
county of the Commonwealth, provided such other county agrees to
reimburse the county in which the hospital is located for all
charges in connection with the admission, maintenance, care and
treatment of such patients, and not paid by the patients
themselves. Authority is hereby conferred upon all counties in
the Commonwealth to pay to any other county in which such
hospital is located reasonable charges for patients cared for by
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said hospital resident in the county paying such charges.
(b) All money received from the care and maintenance of
patients or from gifts or donations shall be paid into the
county treasury and shall be used only for the maintenance of
such hospitals. County commissioners are authorized and
empowered to receive contributions, donations, property and
trust funds for the erection and maintenance of such hospitals
as provided in this act.
Section 2118. Appropriations; Tax Levy.--The advisory board
for county hospitals for tuberculosis herein provided for shall,
by September thirtieth of each year, furnish to the county
commissioners and the county controller, if any, a schedule of
expenses deemed necessary for the maintenance and operation of
the hospital for the ensuing year. The county commissioners
shall, after considering the schedule submitted by the advisory
board, annually make appropriations deemed by them sufficient to
properly manage and operate said hospital. The county
commissioners shall levy a special tax sufficient to produce the
moneys appropriated to said hospital, which tax shall be
collected in the same manner as other county taxes and shall be
paid into the county treasury. All payments from the county
treasury shall be made by voucher checks in the usual manner.
Section 2119. Hospitals for Tuberculosis Established Under
Other Laws.--In any county where any hospital for tuberculosis
has been begun or erected under the provisions of any act of
Assembly heretofore repealed, such proceedings and hospital may
be completed and the said hospital may thereafter be managed and
operated in accordance with the provisions of this act.]
Section 73. Section 2130 of the act is amended to read:
Section 2130. Appropriations to Hospitals[, Tuberculosis
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Sanitaria], Health Clinics and Homes.--The [board of]
commissioners may [appropriate moneys for the] make
appropriations to support [of any] a hospital or health clinic
or comparable facility, [located within or without the limits of
such county] which is engaged in charitable work and extends
treatment and medical attention to residents of [such] 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[, and may also
appropriate moneys for the support of any sanitarium for the
treatment of persons afflicted with tuberculosis located within
the Commonwealth of Pennsylvania, which sanitarium is engaged in
charitable work and extends treatment and medical attention to
residents of such county].
Section 74. Section 2131 of the act is repealed:
[Section 2131. Appropriation to Society Maintaining
Tuberculosis Sanitarium for Indigent.--The board of
commissioners may appropriate to any duly incorporated society,
chartered to maintain a sanitarium for the treatment therein of
persons suffering from tuberculosis, so much money as may be
necessary for the maintenance of indigent persons, residents of
the county, who may be inmates of such sanitarium and under
treatment for tuberculosis. Said appropriation shall not exceed
for each indigent inmate the sum of ten dollars ($10) per week,
payable every three months at the end of the period. The board
of commissioners shall at all times have free access to such
sanitarium for inspection of its management and for the
ascertainment of the number of indigent persons receiving
treatment therein.]
Section 75. Section 2132 of the act is amended to read:
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Section 2132. Aid to [Boroughs and Townships] Municipal
Corporations for Sewage Purposes.--The [board of county]
commissioners may [appropriate moneys from the county treasury]
make appropriations to aid [cities of the third class, boroughs,
incorporated towns or townships] municipal corporations in the
construction or maintenance of sewers or [sewage treatment
works] waste water treatment facilities[, where such sewers and
treatment works have been first approved by the Sanitary Water
Board of the State Department of Health in the manner provided
by law] if the project has received all necessary approvals or
permits from the Department of Environmental Protection.
Section 76. The act is amended by adding a section to read:
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.
Section 77. Sections 2150, 2151, 2152, 2160, 2162, 2163,
2164 and 2165 of the act are amended to read:
Section 2150. [Secretary of Agriculture to Cooperate;]
Elimination and Abatement of Larvae Breeding Places; Liens.--
[(a) The Secretary of Agriculture of the Commonwealth is hereby
authorized and empowered to cooperate with and assist the county
commissioners of any county in the effective carrying out the
provisions of this subdivision. He may authorize a deputy to
meet with the commissioners as his representative. The necessary
expenses actually incurred by the secretary and his deputy, in
compliance with this section, shall be allowed and paid by the
Commonwealth as a part of the expenses of the Department of
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Agriculture. He shall furnish the said commissioners with such
surveys, maps, information and advice as they may require for
the prosecution of their work or as in his opinion will be of
advantage in connection therewith.]
(b) The county commissioners of counties of the third
through eighth class shall have power to eliminate [all]
breeding places of mosquitoes[,] on private or public
property[,] within the county [and to do and perform]. The
commissioners may provide for all acts, including entry upon
private or public property, [and] to carry out all plans which,
in their opinion and judgment through consultation with public
health or veterinary officials, [may] are deemed to be necessary
[or proper] 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 [said]
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
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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.
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 [anywise
effect] 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.
Section 2152. Appropriations[; Report to Secretary of
Agriculture].--[(a)] 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.
[(b) It shall be the duty of the county commissioners
annually, on or before the first day of February of each year,
to submit to the Secretary of Agriculture a report setting forth
the amount of moneys expended during the previous year, if any,
the methods employed, the work accomplished and any other
information which in its judgment may be pertinent.]
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.
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"Dependent" means an indigent person requiring public care,
including maintenance, medical care, clothing and incidentals,
because of physical or mental [infirmity] health needs or
disability.
"Institution" means [an infirmary, poorhouse, almshouse,
hospital or sanitarium managed by the commissioners of the
county] 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.
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 [Public Welfare] Human Services,
and shall from time to time, make such reports to such
department as it shall require.
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[, and to equip,
maintain, cultivate and improve farms, using their produce for
the support of dependents, or if a surplus of farm products
should exist, the commissioners may sell the surplus pursuant to
section 1805 of this act]. Any plan for the erection or
substantial alteration of an institution must be approved as to
suitability by the Department of [Public Welfare] Human
Services.
(2) To pay the necessary expenses of land and buildings for
the care of dependents and farms.
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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 [Public Welfare]
Human Services:
(1) To care for any dependent [having a settlement] in the
county, who is not otherwise cared for[: Provided, however, That
no applicant for public nursing home care under the medical
assistance for aged provisions of the "Public Assistance Law,"
who resides in Pennsylvania, shall be rendered ineligible for
such care by lack of settlement in the county].
(2) To contract with other counties[, any institution
district,] 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 [deaf and dumb or
blind persons having a settlement in the county, or to care for
any dependent having a settlement in the county, who is deaf and
dumb or blind or to help him through employment] persons with
disabilities.
(4) To pay the cost or part of the cost [with respect to
mental or other patients imposed by law upon county institution
districts.] 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
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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.
Section 2165. Care of Persons Referred by Department of
[Public Welfare] 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 [Public Welfare] Human Services or by a local board under its
supervision[, pending the determination of such person's legal
settlement].
Section 78. Section 2167 of the act is repealed:
[Section 2167. Treatment of Persons in Danger of
Hydrophobia.--The county commissioners of counties of the
fourth, fifth, sixth, seventh and eighth classes shall provide,
with approved medical care and proper attendance (including the
so-called Pasteur treatment, where prescribed), all indigent
persons settled within their district who may be assumed to be
in danger of suffering from hydrophobia or rabies by reason of
having been bitten by an animal believed to have been suffering
from the disease, and to order payment of the expenses so
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incurred out of the funds of the county for the care of
dependents.]
Section 79. Sections 2168, 2169, 2170, 2172, 2173 and 2174
of the act are amended to read:
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.
[No child under the age of sixteen years shall, unless he is
mentally or physically handicapped and no other care is
available for him, be admitted to, or maintained in, an
institution conducted by the county commissioners of fourth,
fifth, sixth, seventh or eighth class counties other than a
hospital or sanitarium.]
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 [without discrimination as to membership in any
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organization or as to race or sect].
Section 2170. Inspections by Department of [Public Welfare]
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 [Public Welfare] Human
Services and its agents.
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 [Public
Welfare] Human Services, as may be deemed proper, convenient and
necessary for the government of its institutions and to properly
care for dependents.
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 ["Public Assistance Law,"] 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 [supplementing such public assistance]
providing additional forms of assistance not inconsistent with
the Human Services Code or the regulations of the Department of
Human Services.
Section 2174. Payments by County Commissioners for
Assistance.--The county commissioners shall pay monthly to the
Department of [Public Welfare] Human Services, as such county
commissioners payment for assistance, the amount expended by the
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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 [Public Welfare]
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 ["Public
Assistance Law."] act of June 13, 1967 (P.L.31, No.21), known as
the "Human Services Code." The Department of [Public Welfare]
Human Services shall certify to the county commissioners the
amount to be paid by them to the department.
Section 80. Sections 2175, 2176 and 2177 of the act are
repealed:
[Section 2175. Settlement.--For the purposes of this
subdivision:
(1) A person is first settled in the county of birth unless
the child's parents or the custodial parent if the parents do
not live together or other legal guardian if neither parent has
custody of the child has an established settlement elsewhere, in
which case the first settlement of such person is in the county
of his or her custodian. If the child resides with both parents
and they have different settlements the settlement of the child
shall be the same as that of the parent whose settlement
coincides with the family residence. If neither parent's
settlement coincides with the family residence, the child's
settlement shall be in the place of the child's birth.
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(3) The settlement of a person in a county continues until a
new one is acquired in this Commonwealth or elsewhere. A
settlement is lost only by acquiring a new one, except that a
person who has settlement in this Commonwealth, and who is
residing in another state, shall be deemed to have lost
settlement in this Commonwealth if a person from such other
state, in like circumstances, could have acquired settlement in
this Commonwealth by residence in this Commonwealth, as
hereinafter provided; and except that a person having settlement
in this Commonwealth, who has been absent therefrom and who has
been residing in another state, shall be deemed to have lost
settlement in this Commonwealth if a resident of such other
state, who is residing in this Commonwealth, would lose
settlement in such other state as a result of absence therefrom
for a period of equal duration or for a period of lesser
duration.
(4) Except as hereinafter otherwise provided, every adult
and every emancipated minor, whether married or single, may
acquire a new settlement in any county of this Commonwealth or
in the Commonwealth by coming bona fide to establish a permanent
abode therein and continuing to reside therein for one whole
year, if such person or minor is of sufficient mental ability to
make a bargain, and is not or does not become a public charge
during such year.
(6) A minor cannot be emancipated before age sixteen, and
becomes emancipated absolutely at age eighteen, if then of
sufficient mental ability to make a bargain. After age sixteen
and before age eighteen, a minor of sufficient mental ability to
make a bargain may become emancipated by his own acts or the
acts of the parent, stepfather or stepmother having had the
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custody. When a person is emancipated, he or she is capable of
establishing a new settlement.
(7) A minor who is so mentally deficient as to be unable to
make a bargain cannot be emancipated after age sixteen, and such
a person does not become emancipated at age eighteen and so long
thereafter, as the mental condition continues. The settlement of
such a person shall at all times during mental disability be
ascertained as provided in clauses (8) and (9) of this section
for the settlement of minors not emancipated.
(8) Before emancipation, the settlement of a minor is and
remains that of the natural parents or custodial parent, should
the natural parents not live together, or of any other legal
guardian, or if the parents live together and have different
settlements, that of the natural parent whose settlement
coincides with the family residence, except that if the parents
live together with the child and have different settlements
neither of which coincides with the family residence, the
settlement of a minor before emancipation shall be and remain in
the place of the child's birth.
(10) If a person has no known settlement in this
Commonwealth and cannot for any reason whatever be removed into
the state or country where settled, he shall have a quasi-
settlement in the county where he or she becomes a public
charge, which county shall, if he be a dependent, be liable for
his or her support, otherwise such liability shall be upon the
Commonwealth.
(11) If a person becomes a public charge in a county other
than the one in which settled, such county, if he be a
dependent, otherwise the Commonwealth, shall be liable for
support until the county, state or country of settlement is
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discovered, and removal to such county, state or country takes
place. Any county of settlement shall be liable to the county in
which the person became a dependent for the cost of care
advanced and the expenses of removal.
Section 2176. Removal to County of Settlement.--In case any
person does not have a settlement in the county of the fourth,
fifth, sixth, seventh or eighth class wherein he has become, or
is likely to become, a dependent, it shall be the duty of the
county commissioners to notify the county commissioners of the
county of his settlement of the facts. If the county
commissioners, so notified, refuse or neglect to receive him or
to make arrangements for his proper care and to pay the amount
advanced, the county commissioners during such care may apply to
the court of quarter sessions of their county, or to any judge
thereof, by petition, asking for a citation to the county
commissioners, so refusing or neglecting, requiring them to
appear before such court at a time specified therein, and to
show cause why an order should not issue for the removal of such
dependent into their county. The court shall proceed to hear and
determine the cause upon its merits, and its decree shall be
final, unless an appeal therefrom be taken within thirty days.
The citation accompanied by a copy of the petition shall be
served by the sheriff of the county, who may, for that purpose,
deputize the sheriff of the cited county, upon one or more of
the county commissioners named therein, or, with the approval of
the court, service may be had by sending such copy by registered
mail. The service of mailing shall be at least ten days before
the day fixed for such hearing. Upon the hearing and argument
before the court, it shall be lawful for either of the parties
to the issue to except to any decision of the court upon any
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point of evidence or law, which exception shall be noted by the
court and filed of record as in civil cases. An appeal to an
appellate court may be taken by either party from the judgment
or decree of the court.
Section 2177. Liability for Costs.--In case an order of
removal is granted by any court of quarter sessions, the court,
in the same order, shall require the county of settlement to pay
the petitioners the cost of the proceedings, the expense of
removal, and the proper charges for the care of the dependent,
from the date of the notice first above provided for, all of
which expense, cost, and charges shall be ascertained and
allowed by the court. If an order of removal is refused, the
cost of the proceeding shall be paid by the county petitioning
therefor.
The court of quarter sessions shall have full and complete
authority and jurisdiction to enforce by appropriate methods its
orders or directions made in such proceeding.]
Section 81. Section 2180 of the act is amended to read:
Section 2180. Attendance at Training Courses and
Conferences.--The commissioners of any county may approve
attendance at county expense by county health, [welfare] human
services or probation personnel at appropriate training courses
or at state or national conferences in the health, welfare or
correctional fields. [Such expenses may include maintenance
fees, if any, and transportation or mileage, if use of personal
automobile is authorized.] 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.
Section 82. Sections 2185, 2186, 2187, 2188, 2189, 2190,
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2191, 2192, 2193, 2193.1, 2193.2, 2194, 2195, 2195.1, 2195.2,
2196, 2197, 2198, 2199, 2199.1 and 2199.2 are repealed:
[Section 2185. Board of Health Jurisdiction
Incompatibility.--Each county of the third class may, by
ordinance, create a board of health as herein provided. The
jurisdiction of every such board of health shall extend to all
parts of the country in which created: Provided, That whenever
there is a board of health in any city, borough or township of
the county, the rules and regulations of any such board of
health shall supersede any rules and regulations of the county
board in any particular matter where such rules and regulations
are more stringent. The board of health shall have five members
appointed by the board of county commissioners, who shall serve
without compensation. Except as otherwise herein provided,
membership on the board of health shall be incompatible with
every other county office.
Section 2186. Qualifications; Term; Removal.--The members of
the board of health shall be residents of the county, except in
the case of physicians who shall have their main office in the
county. At least two members shall be reputable physicians of
not less than two years experience in the practice of their
profession. Upon the creation of the board, the board of county
commissioners shall designate for one appointee a term of one
year, for another a term of two years, and so on up to five;
thereafter, one member of the board shall be appointed annually
to serve for a term of five years from the first Monday of April
succeeding his appointment. The board of county commissioners,
after due notice and hearing, may remove members of the board
for official misconduct or neglect of duty. All vacancies shall
be filled for the unexpired term.
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Section 2187. Oath of Office; Organization; Secretary.--Each
member of the board of health shall take the oath of office
prescribed in section 403 of this act. The board shall organize
annually at its regular meeting date in January. The board shall
elect a president annually from among the members and shall
appoint a secretary who is not a board member. The secretary
shall take the aforesaid oath and shall give a fidelity bond
with corporate surety to the county in such amount as the board
of county commissioners requires. The secretary shall receive
such salary as the board of county commissioners shall approve.
Section 2188. Duties of Secretary.--The secretary of the
board shall perform such duties as shall be assigned to him by
the board of health or the health officer.
Section 2189. Health Officer; Qualifications; Oath and
Bond.--The board shall appoint as a health officer a person with
experience and training in public health work in accordance with
rules and regulations of the Advisory Health Board of the State
Department of Health, and who shall not enter upon his duties
until he has been certified for the office of health officer by
the State Department of Health. The health officer shall take
the oath required of members of the board, and shall give bond
with corporate surety approved by the board of county
commissioners to the county for the faithful performance of his
duties. The amount of the bond shall be fixed by the board of
county commissioners. The health officer shall be the agent of
the board of health.
Section 2190. Duties of Health Officer.--It shall be the
duty of the health officer to attend all stated and special
meetings of the board of health and to be available for the
prompt performance of his official duties at all times. He shall
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quarantine places of communicable diseases in accordance with
law and with the rules and regulations of the State Department
of Health or of the board of health. He shall execute all laws
and rules or regulations for the disinfection of quarantined
places. He shall serve written notice on teachers and persons in
charge of public, parochial, Sunday and other schools, requiring
the exclusion from school of children who are suffering from, or
who reside with persons who are suffering from, communicable
diseases, and shall make sanitary inspections, and shall execute
the orders of the board of health and all other laws, rules and
regulations and orders pertaining to his office. He shall, in
the performance of his duties, have the power and authority of a
peace officer.
Section 2191. Duties of Board of Health.--The board of
health shall enforce the health laws of the Commonwealth and the
rules and regulations of the State Department of Health
pertaining thereto. The board shall enforce those orders of the
State Department of Health for which the State Department of
Health reimburses the county for its costs pertaining thereto.
The board shall undertake to prevent or diminish the
introduction or further spread of infectious or contagious
diseases, and otherwise to protect and increase the public
health by regulating communication with places of infection or
contagion, by isolating carriers of infection or contagion or
persons who have been exposed to any infectious or contagious
disease, by abating or removing all nuisances which the board
shall deem prejudicial to the public health, and by enforcing
the vaccination laws; and the boards shall make all such rules
and regulations as to it appear proper for the preservation or
improvement of the public health, consistent with this article
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and the laws of the Commonwealth. The board shall transmit to
the State Department of Health all of its reports and
publications and such other information regarding public health
in the county as may be requested by the department.
Section 2192. Powers of Board of Health.--The board of
health shall have authority:
(1) To employ agents and employes at such rates or salaries
as the salary board shall approve.
(2) To establish and staff emergency hospitals, with the
consent of the board of county commissioners, in case of the
prevalence or threat of any contagious or infectious disease or
other serious peril to public health, and to provide for and
regulate the management of such hospitals.
(3) To enter upon any premises whatsoever within county as a
body or by committee or by its agents or employes, which
premises are suspected of infectious or contagious disease or of
any other nuisance prejudicial to the public health, or of the
danger of them, for the purpose of examining the premises or of
preventing, confining or abating public nuisances.
(4) To conduct investigations and to hold public hearings in
the performance of its duties and powers, wherein the president
and secretary of the board shall have full power to administer
oaths and affirmations but shall receive no fee therefor. For
such purposes, the board of health may require the attendance of
witnesses and their books and papers.
(5) To establish a force of sanitarians for the enforcement
of its rules and regulations, wherever in the opinion of the
board the public health of the county requires. To fix the
number of such police and the duration of their service and to
have the exclusive control and direction of them.
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(6) To publish and enforce its rules and regulations.
(7) To provide for or cooperate in providing for general and
gratuitous vaccination, disinfection and other public health
control programs, and likewise to make available medical relief
in such ways as in its opinion will benefit the public health.
(8) To certify to the board of county commissioners
expenditures in excess of the board of county commissioner's
appropriations therefor, necessarily incurred by the board by
reason of an epidemic, or upon approval of the board of county
commissioners for any other immediate and serious peril to
public health. The board of county commissioners shall thereupon
appropriate sufficient money to meet such additional
expenditures.
(9) To prevent, abate or remove conditions found by it to be
detrimental to the public health as public nuisances, or to
declare and certify to the board of county commissioners such
conditions and the premises or ways or places harboring them to
be public nuisances.
(10) To prescribe regulations for the erection or operation
of bone boiling establishments or of repositories of dead
animals in the county, and in accordance therewith, to permit or
refuse to permit such erections or operations within the county.
Any person who shall erect or operate any such establishment or
repository in the county without the permission of the board of
health, or in violation of its regulations pertaining thereto,
shall forfeit and pay to the county the sum of three hundred
dollars ($300) for every such offense, and the like amount for
each months's continuance thereof, to be collected by an action
before any alderman or justice of the peace, and shall also be
subject to indictment for the common law offense of creating and
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maintaining a nuisance. Nothing herein shall limit the remedies
of injunction or abatement as to any such establishment.
(11) To determine whether or not the keeping or slaughtering
of stock animals or fowls in or about any dwelling or part
thereof, or in the yard, lot or adjoining property of any such
building within the county or parts thereof, is or may become
detrimental to the public health. The board of county
commissioners may prohibit any such keeping or slaughtering
which the board certifies to it as detrimental, or the board may
issue permits in accordance with regulations adopted by it for
the keeping of such animals or fowls within the county or parts
thereof. No such permit shall extend beyond the calendar year
within which it was issued, and the fee for each permit shall be
fixed by the board of health upon approval of the county
commissioners.
(12) To make provisions for the compilation of vital
statistics, maternal and child care, health education, control
of chronic diseases, or needed laboratory services.
Section 2193. Effect of Rules and Regulations.--The rules
and regulations of the board of health shall be subject to prior
approval of the board of county commissioners and when printed
and advertised by the board of county commissioners as required
by this act in section 110, shall have the force of ordinances
of the county, and all penalties, fines or imprisonment
prescribed therein for violations thereof, together with the
expenses necessarily incurred in carrying the rules and
regulations into effect and the costs of proceedings incident
thereto, shall be recoverable for the use of the county.
Section 2193.1. Prohibition of Political Activity.--No
person appointed to any position or employed by a county board
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of health shall be a member of or delegate or alternate to any
political convention, nor shall he participate at any such
convention, except in the performance of his official duty or as
a visitor, nor shall he serve as a member of any committee of
any political party, or take an active part in political
management or in political campaigns, or use his office or
position to influence political movements or to influence the
political action of any officer or employe in the classified
service, nor shall he circulate or seek signatures to any
nominations or other petition required by any primary or
election law, nor shall he seek or accept election, nomination
or appointment as an officer of a political club or
organization, or serve as a member of a committee of any such
club or organization, nor shall he in any manner participate in
or interfere with the conduct of any election or the preparation
therefor at the polling place or with the election officers
while counting the votes or returning the election material to
the place provided by law for that purpose, save only for the
purpose of making and depositing his own ballot as speedily as
it reasonably can be done, nor shall he be within the polling
place or within fifty feet thereof, except for the purpose of
carrying out official duties and of ordinary travel or residence
during the period of time beginning with one hour preceding the
opening of the polls for holding such election and ending with
the time when the election officers shall have finished counting
the votes and have left the polling place for the purpose of
depositing the election material in the place provided by law
for that purpose, excepting only police officers, who may
temporarily approach or enter the polling place in order to make
any arrest permitted by law or for the purpose of preserving
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order and in each case remain only long enough to accomplish the
duties aforesaid after which the said officers shall at once
withdraw: Provided, however, That the rights of any individual
as a citizen are not impaired hereby, and the prerogative to
attend meetings, to hear or see any candidate or nominee, nor to
express one's individual opinion privately, shall remain
inviolate.
Section 2193.2. Prohibition of Assessments.--No person shall
orally or by written or printed communication, directly or
indirectly, demand, solicit, collect or receive or be in any
manner concerned in demanding, soliciting, collecting or
receiving any money or valuable thing or any assessment,
subscription or contribution, whether voluntary or involuntary,
from any officer or employe of a county board of health for any
political purpose whatever. No officer or employe of a county
board of health shall orally or by written or printed
communication, directly or indirectly, demand, solicit, collect
or receive or be in any manner concerned in demanding,
soliciting, collecting or receiving any money or valuable thing
for any political purpose whatever. No person in the service of
the county shall remove, suspend, furlough, demote or promote or
in any manner change the official status or compensation of any
officer or employe of a county board of health or promise or
threaten to do so for withholding or neglecting to make any
contribution of money or service or other valuable thing for any
political purpose. No person shall take part in preparing any
political assessment, subscription or contribution with the
intent that the same shall be sent or presented to or collected
from any officer or employe of a county board of health, and no
person shall knowingly send or present, directly or indirectly,
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in person or by letter, any political assessment, subscription
or contribution to, or request its payment by, any officer or
employe of a county board of health.
Section 2194. Fees and Penalties.--All fees and penalties
collected or received by the board or any officer thereof in his
official capacity shall be paid monthly to the county treasurer
for the use of the county.
Section 2195. Proceedings of Board to be Public.--The
proceedings of the board shall be public and its journal or
proceedings shall be opened to the inspection of any taxpayer.
Section 2195.1. Employes of Boards of Health.--The
recruiting, selection, tenure, removal and working conditions of
all personnel employed by any board of health shall conform to
standards of personnel administration formulated by the board of
health and reviewed and approved first by the county
commissioners and finally by the State Department of Health,
except that the State Department of Health shall exercise no
authority with respect to the selection, compensation and
removal of any individual employed in accordance with such
standards, other than the approval of the qualifications of the
county health director by the State Secretary of Health.
Section 2195.2. Program Controls.--Should the State
Secretary of Health find any of the activities of the board of
health to be incompatible with the rules, regulations, or
programs of the State Department of Health, he shall so advise
the county commissioners and the board of health which shall
take steps to remove such incompatibility. Should conditions
exist which constitute a menace to the health of the people of
the county, the State Secretary of Health may, after giving
notice which is reasonable under the particular circumstances,
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take charge of the county board of health during the existence
of such menace of which remedial action has not been taken by
the board of health.
Section 2196. Definition.--Any condition or usage whatsoever
in or about the buildings, structures or land, or the streets or
private ways and places, or elsewhere within the county of the
third class, whether public or private, which the board of
health shall find to be detrimental to the public health is
hereby declared to be a public nuisance. Whenever in this
subdivision the words "public nuisance" or "nuisance" are used
they shall be deemed to mean a nuisance detrimental to the
public health, unless a different meaning is specified. The
powers of investigation and entering upon premises vested in the
board of health and its agents and employes pursuant to its
orders shall be available for the determination of public
nuisances.
Section 2197. Procedure for the Abatement of Public
Nuisances.--Whenever the board of health shall determine, after
such examination, investigation or hearing as shall suffice to
inform its judgment, that a public nuisance exists or is about
to exist, it may order the nuisance to be removed, abated,
suspended, altered, or otherwise prevented or avoided. Notice of
such order, bearing the official title of the board and the
number of days for compliance therewith and the alternative
remedy of the board in case of non-compliance, shall be served
upon the person, if any, whom the board deems responsible
therefor or concerned therein, and upon the owner or abutting
owner of the land, premises or other places whereon such
nuisance is or is about to be, if any. In case no such party or
parties can be discovered by the board, the order shall be
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served by posting a copy or copies thereof conspicuously upon
the premises for a period of at least ten days.
Section 2198. Contents of Notice.--The notice of the board's
order shall clearly specify:
(1) The place and manner of the nuisance or anticipated
nuisance as determined by the board;
(2) The nature or condition thereof;
(3) The board's order with respect to the nuisance or
anticipated nuisance;
(4) The names of the persons found by the board to be
responsible therefor or concerned therewith and the name of the
owner, if any, of the land or premises involved;
(5) The date of the board's order and the number of days
therefrom allowed for compliance with it;
(6) The alternative remedy of the board in case of non-
compliance;
(7) Notice that the persons affected thereby may apply,
within the time set for compliance with the order, to the board
for a hearing, and may request such stay of execution or
modification or rescission of the said order as they shall
believe just and proper;
(8) The signature of the president of the board, attested by
the secretary.
Section 2199. Hearing; Disposition.--If any person affected
thereby shall apply for a hearing within the time provided, the
board shall promptly notify all interested parties of the time
and place of the hearing. The board shall enter upon its minutes
such facts and proofs as it may receive, and its proceedings on
such hearing and thereafter may rescind, modify or reaffirm its
order and require execution of the original or of a new or
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modified order, as it shall determine and direct. The persons
affected shall be notified of the board's final order, and may
appeal therefrom, which appeal may operate as a supersedeas if
the court, upon proper cause shown, so orders, and provided the
appellants post bond, approved by the court, for the use of the
county, with sufficient surety to cover all the expense and cost
of executing the board's order.
Section 2199.1. Abatement of Public Nuisances by Board of
Health or County.--In any case where the persons ordered by the
board of health to abate or prevent a public nuisance or
anticipated public nuisance refuse or neglect to do so within
the time specified in the original or any subsequent order of
the board, then, unless the said order shall have been suspended
by appeal to the court and proper bond posted, the board may
direct its health officer and employes to execute the said
order; or if the execution of the said order requires the
grading, paving or repaving of private alleys or any similar
work upon any property whatsoever within the county or any other
work or service that may best be performed or contracted for by
the agencies and employes of the county itself, then the board
shall certify its order to the board of county commissioners and
the board of county commissioners shall thereupon proceed to
cause the execution of the order. In any case where the board of
health or the board of county commissioners thus abates or
prevents or causes the abatement or prevention of a public
nuisance, the cost and expense of such work, services and
materials shall be charged to the persons affected in their
proper proportions; and upon non-payment of such charges, the
county may file a lien therefor upon the affected premises in
the name of and for the use of the county, as provided by law
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for municipal claims, in addition to the other remedies
available for the collection of debts due the county. The lien
shall attach as of the time the work was commenced, which shall
be fixed by the certificate of the health officer or of the
county engineer filed with the chief clerk of the county
commissioners.
Section 2199.2. Penalties.--Any person violating any
provision of this subdivision or any order of the board of
health made under the authority of this subdivision, or of any
law or ordinance therein referred to or authorized, or who shall
obstruct or interfere with any person in the execution of any
order of said board, or wilfully and illegally omit to obey any
such order, shall upon conviction thereof in a summary
proceeding, be sentenced to pay a fine not exceeding one hundred
dollars ($100) or undergo imprisonment not exceeding ninety
days, or both.]
Section 83. Sections 2199.6, 2199.7 and 2199.8 of the act
are amended to read:
Section 2199.6. Expenses.--All expenses incident to the
maintenance and operation of any hospital [under the provisions
of this subdivision (h)] 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.
Section 2199.7. Administration of Hospitals.--Any hospitals
owned by or leased to the county [under this subdivision (h)]
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
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operation by such governing body.
Section 2199.8. Use of Hospital.--Every hospital owned by or
leased to the county [under the provisions of this subdivision
(h)] 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.
Section 84. Article XXII heading of the act is amended to
read:
ARTICLE XXII
AERONAUTICS AND TRANSPORTATION
Section 85. Article XXII of the act is amended by adding a
subdivision heading to read:
(a) Aeronautics
Section 86. Sections 2201, 2202, 2203, 2204, 2205, 2206,
2207, 2208 and 2209 of the act are amended to read:
Section 2201. Authority to Establish Airports.--Subject to
the provisions of [The Aeronautical Code, any county shall have
the right and authority to] 74 Pa.C.S. (relating to
transportation), a county may establish, construct and provide
for [air navigation facilities] airports in accordance with the
provisions of this article. For purposes of this article, the
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term "airports" shall be defined as provided in 74 Pa.C.S. §
5102 (relating to definitions).
Section 2202. Counties May Hold or Acquire Lands for
Aeronautical Purposes.--(a) Any county may use for the purpose
of any [air navigation facilities] 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 [air
navigation facilities] 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
[air navigation facilities] 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.
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
[shall] may be a title in fee simple or any lesser estate,
including an easement for aviation or any other purpose.
Section 2204. [Leases for Aeronautical Purposes] Agreements
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for Airport Facilities.--Any county acquiring land for any
[aeronautical] airport purposes may [lease the same or part
thereof for an] 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 [individual or corporation] person desiring to use
the same for the purposes of taking off or landing an airplane,
or for other [aeronautical] 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 50 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 [such] county
may enter into a contract in the form of a lease providing for
the use of [said] airport land or any part thereof by the
Government of the United States for air mail delivery or other
[aeronautical] aviation purposes upon nominal rental or without
consideration.
Section 2205. Joint Operation; Leasing.--Any county
acquiring land for any [aviation] airport purpose may operate
and maintain such [air navigation] facilities jointly with any
[city, county, borough, town or township] municipal corporation
or other political subdivision, upon such terms and conditions
as may be agreed upon between the authorities thereof and the
county commissioners [of the county], and such joint facilities
may be operated and leased, as hereinbefore provided, upon the
joint action of the authorities involved and the county
commissioners.
Section 2206. Engineering and Construction;
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Appropriations.--Any county acquiring any land for any
[aeronautical] 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.
Section 2207. Contracts for Construction and Repairs.--In
establishing, maintaining and operating [air navigation] 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 [the court of quarter sessions] any court or grand
jury of any county, but contracts therefor shall be entered into
as provided for [the general business of the county] 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.
Section 2208. Validation of Contracts.--Any contracts
[heretofore entered into] 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
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entered into as provided for the general business of the county
or other political subdivisions jointly interested, are hereby
ratified, confirmed, approved and declared lawful contracts.
Section 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 [city, borough, town, township]
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 [air navigation] airport facilities.
Section 87. The act is amended by adding a section to read:
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
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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.
Section 88. Article XXII of the act is amended by adding a
subdivision to read:
(b) Second Class A County Transit
and Traffic Commission
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
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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
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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.
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
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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.
Section 89. Sections 2301, 2301.1, 2302 and 2302.1 of the
act are amended to read:
Section 2301. Title to Real Estate Vested in County.--The
title to all [court houses, jails, prisons and workhouses,
together with the lots of land thereunto belonging or
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appertaining, and all other] real property acquired [or that may
hereafter be acquired] by or for the use of the county, shall be
vested in the county for the use of the people thereof and for
no other use, except as hereinafter provided.
Section 2301.1. Days and Hours of [Court House] Courthouse
and Offices.--The [county] commissioners shall determine when
the county [court house] courthouse and all county offices
located elsewhere shall be open.
Section 2302. Exemption from Taxation and Attachment.--[All]
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.
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, [(as in the case of long-
range acquisition programs for parks, dams and the like),] the
county may make payments in lieu of taxes for such property to
[local governments] political subdivisions in which the property
is located.
Section 90. Section 2303 of the act is repealed:
[Section 2303. Insuring Buildings and Contents.--The county
commissioners may provide insurance against fire and extended
coverage, against public liability and such other forms of
insurance, including insurance against burglary, as shall seem
proper to them for county lands, buildings and farms and the
contents, real and personal, thereof.]
Section 91. Sections 2304, 2305, 2305.1, 2306 and 2306.1 of
the act are amended to read:
Section 2304. Credit of County Available for Grounds and
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Buildings.--In the acquisition, construction or alteration[, as
the case may be,] of land and buildings for county purposes, the
commissioners may issue bonds [of the county to meet the costs
thereof, except as any other system of financing shall be
expressly provided by law for any particular county buildings.]
as provided by law.
Section 2305. Acquiring and Using Real Property;
Exceptions.--(a) The [county] commissioners may acquire real
property by purchase for not more than the fair market value,
[take by] gift, devise or [by the power of] eminent domain[, in
accordance with the provisions of this act,]. 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, [county jail, prison,
workhouse, detention house or other county building, or in the
alteration, including enlargement, of an existing county
building.] 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 [county] 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 [county] commissioners may also use any real
property at the county seat or elsewhere, as authorized by law,
owned by the county, and deemed suitable by them for the
purposes aforesaid, except such property as is bound by contract
to another public use.
(c) The [county] commissioners may provide for the grading,
filling, draining, gardening and otherwise improving and
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maintaining of all lands for county buildings, either by
contract or by county employes, as they deem proper.
(d) To the extent that any of the matters provided for
herein are otherwise specifically provided for by law, with
regard to any particular acquisitions of real property by
counties, either by tax sales or by other purchases, this
section shall not apply to such matters.
Section 2305.1. Acquiring and Developing Industrial Areas.--
(a) The [county] 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. [The land so
purchased may be developed as stated and may be sold only to a
local industrial development corporation.]
(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
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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.
Section 2306. Authority to Sell or Lease Real Property.--(a)
The [board of] commissioners may sell any estate in real
property for not less than the fair market value [or lease,
either as lessor or lessee, any real property belonging to the
county or to others where the county is lessee]. If the
commissioners know or have reason to believe that the property
to be sold contains oil, gas, coal, stone, timber or other
mineral or forest products of commercial value, such knowledge
or belief shall be advertised together with the description of
the land in at least [two newspapers, in said county, of general
circulation, once a week for three consecutive weeks. The] one
newspaper of general circulation in the county. In the case that
the fair market value of the real property [in the case of a
sale valued] is estimated to be in excess of ten thousand
dollars ($10,000), the fair market value shall be determined by
the [county] 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
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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. [This section shall not
apply to leases or sales of county property or other property
which are otherwise specifically provided for by law.]
(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 [city, borough, town, township, institution district,
school district] political subdivision, volunteer fire company,
volunteer ambulance service or volunteer rescue squad located
within the county.
(2) A municipal authority pursuant to [the act of May 2,
1945 (P.L.382, No.164), known as the "Municipality Authorities
Act of 1945."] 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 [his] 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.
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(6) A nonprofit medical service corporation for its
exclusive use as a site for a medical service facility.
(7) A nonprofit housing corporation [for its exclusive use
for housing for the elderly or for low-income housing].
(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 [board of] commissioners may
elect to accept such nominal consideration for such sale as [it
shall deem] the commissioners deem appropriate. Real property
sold pursuant to this subsection to any entity under this
subsection, other than a city, borough, town, township,
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institution district, school district, municipal authority
pursuant to [the "Municipality Authorities Act of 1945,"] 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.
Section 2306.1. Authority to Sell Certain Real Property and
Personal Property as a Single Unit.--Notwithstanding any other
provisions of law, whenever the [county] commissioners [of a
county] determine that the continued ownership and operation of
an institution for the care of dependents is economically
unfeasible, the [county] commissioners may sell the real
property belonging to the county and being used for such
purposes, together with all of the contents of personal property
used in connection with and incidental to the operation of the
institution, as a single unit. Any such sale of real property
and personal property as a single unit shall be deemed a sale of
real property only and need only comply with the provisions of
this act relating to the sale of real property.
Section 92. Sections 2307, 2308, 2309 and 2310 of the act
are repealed:
[Section 2307. Conveyance and Lease of Real Estate.--The
board of commissioners shall make and acknowledge a deed or
lease of any real estate belonging to the county, which they are
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authorized to sell or lease, under their hands and seals as
commissioners with the seal of the county attached and the same
shall be a good and lawful conveyance in fee simple or lease.
Section 2308. Conveyances to General State Authority.--Any
county may grant, assign and convey to the General State
Authority, with or without consideration, any lands, easements
or rights in lands, together with any improvements, buildings or
structures therein or thereon, now owned by such county or
hereafter acquired by it, needed or convenient as a site for a
county court house, or may lease to the Authority for a term,
not exceeding ninety-nine years, at a nominal or such other
rental as may be determined, any or all such lands, easements or
rights in lands, together with any improvements, structures or
buildings therein or thereon.
Section 2309. Leasing from General State Authority.--Any
county may enter into contracts with the General State Authority
to lease as lessee from the Authority, any county court house or
any improvement thereto and the furnishings and equipment
thereof constructed by the Authority, for a term not exceeding
thirty years, at such rental or rentals as may be determined by
the Authority. Upon the completion of such county court house or
improvements and the furnishings and equipment thereof, the
county may lease the same as lessee from the Authority for a
term not exceeding thirty years, at such rental or rentals as
may be determined by the Authority.
Section 2310. Acquisition of Lands for Conveyance to General
State Authority.--Any county may acquire lands or interests in
lands by purchase, gift or condemnation which may be required to
carry out the purposes of the two sections immediately
preceding.]
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Section 93. Sections 2311, 2315, 2316, 2317, 2319, 2325 and
2326 of the act are amended to read:
Section 2311. Disposing of County Property for Other Uses;
Demolition.--[Whenever any new county building is constructed to
replace a county building no longer suitable for the purposes of
its use, or whenever the county has or acquires, incident to
purchase at tax sale or to any other acquisition of land
authorized by law, any building, title and interest to which is
in the county, and any such replaced or acquired building is
deemed no longer suitable or not suitable for use as a county
building or for use as an auxiliary to any county building, the
county commissioners may devote said replaced or acquired
building to such other public use or purpose as shall be found
suitable and proper, including a war memorial. They may convey
all or a part of the title and interest of the county in such
building, with or without the land or a part of the land upon
which it is situate, either by sale or by gift, to any public or
charitable institutions or to any political subdivisions singly,
in common, or jointly, within the county.
The county commissioners may remove any such building from
one location to another within the county, for the purpose of
enabling its use as a county building by virtue of its
relocation. The commissioners may cause any such building to be
demolished and removed from land of the county, if of no use to
the county.] (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:
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(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.
Section 2315. Authority and Procedure for Acquiring,
Constructing or Altering County Buildings[; Exceptions].--(a)
The [county] 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 [county] commissioners may provide[, in accordance
with this section,] for the construction or alteration,
including enlargement of [a county court house, county jail,
prison, workhouse, detention house and such other county
buildings, as may be required or authorized by law. Such
construction or alteration shall be done at the county seat or
elsewhere as authorized by law.] any county building. Whenever
the [county] commissioners undertake any such construction or
alteration, they shall cause to be prepared plans and
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specifications therefor. The [county] commissioners [may secure
bids for the contract or contracts involved in the construction
or alteration in accordance with this act. Any such contract or
contracts shall be made as provided by this act.
(c) Except where another procedure is provided by law with
regard to such construction or alteration of any particular
county building, the provisions of this section shall be
followed for all such purposes.] shall secure bids and provide
for the formation of contracts necessary for the construction or
alteration according to the provisions of this act.
Section 2316. Right to Build on Public Squares.--Whenever
the [court house, jail] 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
[court house, jail] courthouse or other building, the [board of
county] commissioners may erect such new building upon any other
of the public squares or commons of said city, borough or town,
or upon any part thereof.
Section 2317. Separate Bids for Plumbing, Heating,
Ventilating, Air Conditioning, Electrical Work, Elevators and
[Moving Stairs.--] 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 [of eighteen thousand five hundred
dollars ($18,500), subject to adjustment under section
1801(b.1)] established under the provisions of section 1801, the
architect, engineer or other person preparing such
specifications shall prepare [only] the following separate
specifications: (1) plumbing, (2) heating, [(3) ventilating, (4)
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electrical work, (5) elevators and moving stairs, and (6)]
ventilating and air conditioning, (3) electrical work, (4)
elevators and escalators, and (5) one complete set of
specifications for all [the other work to be done in such
erection, construction and alteration. The board of] 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 [in addition
to the plumbing, heating, ventilating and electrical work, and
elevators and moving stairs. Where it is desired to install an
air conditioning unit, the heating and ventilating so involved
may be regarded as one branch of work having only one set of
specifications, and bids may be received and a contract awarded
thereon, as hereinbefore provided.] 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
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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:
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"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.
Section 2319. Compliance with Workers' Compensation Law.--
(a) All contracts executed by the [board of] commissioners,
which [shall] involve the construction or doing of any work
involving the employment of labor, shall contain a provision
that the contractor shall accept, in so far as the work covered
by any such contract is concerned, the provisions of the
[Workers' Compensation Act and any reenactments, supplements or
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amendments thereto,] act of June 2, 1915 (P.L.736, No.338),
known as the "Workers' Compensation Act," and that the [said]
contractor will insure his liability thereunder or file with the
[board of] commissioners a certificate of exemption from
insurance from the Department of Labor and Industry of the
Commonwealth.
(b) The [board of] commissioners, before signing on behalf
of the county any contract requiring in its performance the
employment of labor, shall require proof that the said
contractor with whom the contract is made shall have accepted
the Workers' Compensation Act and any reenactments, supplements
or amendments thereto, and proof that the [said contractor has
insured his liability thereunder in accordance with the terms of
said act or that the contractor has had issued to him a
certificate of exemption from insurance from the Department of
Labor and Industry.] 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.
Section 2325. Buildings and Grounds to be Kept in Order and
Repair.--[The board of] 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. [The provisions of this subdivision shall not apply
to particular county buildings which are otherwise expressly
provided for by law.]
Section 2326. [Watchman and Employes.--The board of]
Security and Grounds Employees.--(a) The commissioners may
appoint one or more security officers [or watchmen] to guard and
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protect the county buildings and to enforce the provisions of
this act and other [laws relating thereto. Such officers or
watchmen] related laws. The officers shall have power to arrest
on view any person violating the same.
[The board of commissioners shall employ all janitors,
firemen, engineers, mechanics, laborers and caretakers of all
county buildings and grounds.]
(b) The commissioners may employ such persons as may be
necessary to provide for maintenance and repair of all county
buildings and grounds.
Section 94. Section 2329 of the act is repealed:
[Section 2329. Disorderly Conduct in and About Court Houses
and Jails Prohibited.--It is unlawful for any person to cause
any outcry or disorder, or be guilty of any indecent or
unbecoming conduct tending to disturb the peace and good order
in the county court house, jail, or other county buildings, or
to willfully or carelessly defile, deface or injure the floors,
walls or any other portion of said buildings, or fences, or
railings surrounding the same, or the carpets, furniture, or
other articles or things used in or about said buildings,
belonging to the county. Any person violating any of the
provisions of this section commits a summary offense and shall
make restitution for damages arising therefrom.]
Section 95. Sections 2337 and 2339 of the act are amended to
read:
Section 2337. Room or Building for Juvenile Offenders
Waiting Trial.--The [board of] 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
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all [children under the age of sixteen years,] 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.
Section 2339. Furnishing Rooms for Meetings of Veterans [of
Certain Wars] and Other Organizations.--The [Board of
Commissioners] commissioners may, in their discretion, upon
application therefor, furnish [to each organization composed of
veterans of any foreign war, sons of veterans and to ladies'
auxiliaries of each such organization and to the American Gold
Star Mothers, Inc., a room or rooms in any public building of
such county, sufficient for the meeting of each of such
organizations at least once each month.] meeting accommodations
to any veterans, veterans auxiliary or other civic organization.
Section 96. Article XXIII of the act is amended by adding a
subdivision to read:
(e.1) Special Provisions for Temporary County Buildings
and for Rooms in County Buildings in Counties of the
Second Class A
Section 2339.1. Scope.
This subdivision shall apply to counties of the second class
A.
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
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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.
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.
Section 2339.4. Appointment and compensation of employees.
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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.
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.
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.
Section 97. Sections 2345 and 2346, subdivision (g) heading
of Article XXIII and sections 2350, 2355 and 2356 of the act are
amended to read:
Section 2345. Joining with Municipalities in Improving
Certain Streets and Highways.--(a) The [board of] commissioners
[of counties now erecting or which may hereafter erect public
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buildings in any municipality] may join with the [proper
authorities of such municipality] 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 [upon which said public
buildings stand] of a county building.
(b) The commissioners may enter into contract with [any such
municipalities for the payment of a just proportion of the
expense of said] 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 [which may be] appointed by
[such] 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) [No obligation shall rest upon the county for any
proportion of the expenses of such improvements until the
selection of grades and paving materials and the acceptance of
bids by said municipalities shall have been ratified by the
board of commissioners.] 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.
Section 2346. Ornamental Illumination.--(a) [Whenever the
court house, jail, workhouse or other public building of a
county abuts upon the street of a city or borough which is the
county seat and which shall provide for the ornamental
illumination of that section of the street whereon the county
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building abuts, the county commissioners of such county may
appropriate moneys from the county funds towards the
installation of such ornamental illumination.] 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.
(g) [Comfort Stations] Public Accommodations
Section 2350. Appropriations for [Comfort Stations] Public
Accommodations.--(a) The [board of county] commissioners may
appropriate [moneys] money to assist any municipality to
construct and maintain [comfort stations within the boundaries
of the county] public restrooms and related facilities.
(b) The [county commissioners, in cooperation with the
municipal authorities of the municipality wherein the court
house lies,] commissioners may provide, [and] or cooperate with
a municipality or municipal authority, to equip and maintain in
the [court house] courthouse rest or waiting rooms for the
public[, and provide attendants therefor. The cost of providing
such rooms and of maintaining the same, including salaries, and
all incidental expenses, shall be paid by the county and by the
municipality, as they shall agree, for all which purposes the
county commissioners and said authorities may, respectively,
appropriate moneys].
(c) Any part of any ground acquired by any county for the
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purposes of a [court house, jail or workhouse] 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.
Section 2355. Monuments [and], Memorials and Memorial Halls
to War Veterans.--The [board of] commissioners may appropriate
money for, and provide for, the erection of monuments [or],
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 [women's] auxiliary organization
officially connected [therewith during any part of any war in
which the United States has been or may hereafter be engaged.]
with a division of the armed forces of the United States.
Section 2356. Assistance to Private or Municipal Agencies.--
The [board of] commissioners may[, in order to prevent
duplication,] appropriate money to assist any individual,
private corporation[, city, borough, town or township,] or
municipal corporation in the erection of any monument [or
memorial for said soldiers, sailors and marines], memorial or
memorial hall authorized under section 2355.
Section 98. Sections 2357 and 2358 of the act are repealed:
[Section 2357. Erection or Completion of Monuments and
Memorials on Petition to Court.--Upon the petition of at least
fifty citizens of the county, to the court of quarter sessions,
for the erection or completion and maintenance at the county
seat of a memorial, monument, or memorial hall in honor of the
soldiers, sailors or marines of such county who served in any
war in which the United States has been or may hereafter be
engaged, the court may lay the same before the grand jury. If
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approved by two successive grand juries and the court, and, in
the case of a memorial hall by the electors of the county, the
board of commissioners may erect such memorial, monument, or
memorial hall, or complete any of them partly erected but not
completed, and maintain at the county seat a suitable monument
or memorial in honor of said soldiers, sailors and marines.
Section 2358. Election on Memorial Hall Purchase or
Condemnation of Site.--(a) When the petition provided for in
the preceding section has been approved by two successive grand
juries and the court of quarter sessions, the board of
commissioners shall submit the question of the erection of a
memorial hall to the electors of the county, at the next
election, and, if a majority of the votes cast on the question
of the erection of a memorial hall shall be in favor of the
same, the board of commissioners shall erect, at the county
seat, a memorial hall and, acquire, by purchase, donation, or by
condemnation, under the right of eminent domain the necessary
site and erect and maintain thereon a suitable and proper
memorial hall or building, in memory of the soldiers, sailors
and marines of any such wars.
(b) In case said election shall result adversely, and a
second petition shall be presented, the same shall be laid
before two successive grand juries, and, if approved, then, it
shall be the duty of the county commissioners to again in like
manner submit the question to vote, at the next general or
municipal election, and, if the result shall be favorable, then
it shall be the duty of the county commissioners to erect such
hall, at such place in the county as shall have been designated
upon the ballot or ballot label in the question submitted to the
electors.
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(c) All proceedings for the condemnation of any property
under the provisions of this section shall be in the manner and
subject to the restrictions and procedure provided in this act.]
Section 99. Sections 2359, 2360 and 2361 of the act are
amended to read:
Section 2359. Existing Building May Be Used.--[If any such
site has a hall or building already erected thereon,] The
commissioners may acquire by any lawful means, any real property
which can be altered and improved so as to be made suitable for
[such] a memorial hall[, the board of commissioners may acquire
such site, in the manner aforesaid, for the purpose of a
memorial hall].
Section 2360. Donations.--For the purpose of aiding in
[paying the purchase money and price for the site,] the
acquisition of real property and erection and construction of
[such] a memorial hall, voluntary donations and contributions
may be accepted by the [board of] commissioners from
individuals, associations and organizations.
Section 2361. Maintenance of Hall.--[Such] Any county
memorial hall shall be and remain the property of and shall be
maintained at the expense of the county.
Section 100. Section 2362 of the act is repealed:
[Section 2362. Plan of Hall; Special Rooms to be Provided.--
(a) Such memorial hall shall be in honor of the soldiers,
sailors and marines from said county, who served in the Army and
Navy of the United States in any war in which the United States
has been or may hereafter be engaged. Such memorial halls shall
each contain one large assembly room, or auditorium for public
meetings of the soldiers, sailors and marines of such county,
which may be used also for other public meetings and patriotic
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gatherings by the consent of the board of control herein
provided for.
(b) Such memorial hall shall also contain rooms for meetings
of organizations of veterans of all wars in which the United
States has or may be engaged, and also rooms for meetings of
ladies' auxiliaries of posts, encampments, camps and
organizations for which rooms for meetings may be contained in
the memorial hall, and also rooms for such committees of public
defense and welfare as may be created by the Commonwealth, or as
may be approved by the board of control hereinafter provided
for.
(c) Such memorial halls shall also provide room for the
display and preservation of relics and trophies of all wars in
which the United States has been or may be engaged, photographs,
paintings and portraits, busts and statues of the soldiers,
sailors and marines of the said counties, and mural tablets upon
which shall be inscribed the names of such soldiers, sailors and
marines. Such memorial halls shall also contain waiting and rest
rooms with lavatories attached.]
Section 101. Sections 2363, 2364, 2365, 2366, 2367, 2368,
2369 and 2374 of the act are amended to read:
Section 2363. Board of Control.--[(a) A board of control is
hereby created, which shall have charge of all matters relating
to such memorial hall and shall have the care thereof. The board
shall be composed of one member chosen by members of the
Veterans of Foreign Wars, one member chosen by members of the
American Legion, one member chosen by the American War Veterans
of World War II (AMVETS), one member chosen by the Italian
American War Veterans of the United States, Incorporated, one
member chosen by the Disabled American Veterans, and one member
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chosen by the Military Order of the Purple Heart. The judges of
the court of common pleas and the board of commissioners shall
be ex-officio members of the board of control. The selected
members of the board shall serve one year, when their successors
shall be selected. Vacancies occurring shall be filled by the
board for the unexpired term of the member whose death,
resignation or removal caused the vacancy.
(b) This section shall not apply to any county in which
there has been created by existing law a similar board of
control, and any references to the board of control in this
subdivision shall be inapplicable in so far as they are
inconsistent with the provisions of such law.] (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 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).
Section 2364. Flagstaff to be Erected; Display of Flag.--A
[suitable] flagstaff shall be erected upon [said] any county
memorial hall, from which [shall be displayed] the flag of the
United States shall be displayed from sunrise to sunset on each
and every day of the year.
Section 2365. Acquisition of Additional Land; Equipment,
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Furnishings, Etc.--In any county in which there [has been or may
hereafter be erected] is a memorial hall in honor of the
soldiers, sailors or marines from such county, [who served in
any war in which the United States has been or may be hereafter
engaged, upon petition of at least fifty citizens to the court
of quarter sessions, setting forth that it is necessary or
desirable to] the commissioners may acquire additional land
adjoining [that upon which said] the memorial hall [is erected,]
to enhance and preserve the beauty and character of [said] the
memorial hall[, and the object had in its erection, or that it
is necessary or desirable to] or equip, furnish, decorate and
make additions to [said] the memorial hall, or both.[, the court
shall lay said petition before the grand jury then or next
sitting for their approval. If said petition shall be approved
by said grand jury, it shall be certified back to the court. If
no exceptions thereto are filed within ten days from the date
upon which said petition was certified back to the court, or if
exceptions are filed and are dismissed, the court shall confirm
said petition absolutely, and thereupon the court may make an
order authorizing the board of commissioners to acquire, by
purchase, gift or condemnation, such additional land, or to
equip, furnish, decorate and make additions to said memorial
hall, or both.]
Section 2366. Tax Levy; Increase or Indebtedness.--The
[board of] commissioners may provide the funds with which to pay
for the ground purchased or condemned, and the erection thereon
of a memorial hall, or the acquiring of additional land, or for
the 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
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increasing the indebtedness of said county according to [law and
by issuing and selling bonds] the provisions of 53 Pa.C.S. Pt.
VII Subpt. B (relating to indebtedness and borrowing).
Section 2367. Preservation, Maintenance, Repair and
Completion of Public Monuments.--The [board of] 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 [board of]
commissioners may appropriate money for the purpose of such
completion.
Section 2368. Acquiring of Property.--[(a)] Counties shall
have power to [take, by gift, purchase, by the issuance of bonds
or otherwise, or acquire through condemnation proceedings,
property] acquire property according to the provisions of this
article for the purpose of erecting [thereon] public
auditoriums, public libraries, public memorial buildings and
monuments.
[All proceedings for the condemnation of any property, under
the provisions of this section, shall be in the manner and
subject to the restrictions and procedure provided by law.
(b) Counties may appropriate money from the public funds or
by issuance of bonds for the erection on said property taken,
purchased or acquired through condemnation proceedings, public
auditoriums, public libraries, public memorial buildings and
monuments. They may appropriate moneys for the operation and
maintenance of such public auditoriums, public libraries,
memorial buildings and monuments.]
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Section 2369. Rental of Auditoriums.--[Counties, in case of
public auditoriums, may charge a rental for the use of said
auditoriums. All moneys] Any revenue derived from rental of
[said] a public auditorium shall first be devoted to the
maintenance of [said] the auditorium, and any remaining annual
balance accruing therefrom shall be [turned over to the county
funds for the general uses and purposes of said] deposited in
the general fund of the county.
Section 2374. Donations to Orphans' or Childrens' Homes.--
The [board of] commissioners may receive[, from time to time,
donations, gifts, legacies, endowments, devises, and conveyance
or conveyances of property,] real or personal 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.
Section 102. Sections 2378, 2379, 2380, 2381, 2382, 2383,
2384 and 2385 of the act are repealed:
[Section 2378. Contagious Disease Hospitals or Units.--(a)
Whenever in the opinion of the board of commissioners of any
county or the boards of commissioners of two or more counties, a
hospital for the care and treatment of contagious diseases
appears to be necessary or advisable, the board of commissioners
of the county or the boards of commissioners of two or more
counties jointly may, either erect, construct, equip and
maintain such a hospital on the grounds of the county
institution district of any of the counties adjoining, or may
purchase a suitable site for such purpose in some other
locality.
(b) In lieu of erecting and constructing a separate
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contagious disease hospital, the board of commissioners of a
county or the boards of commissioners of two or more counties
jointly may enter into an agreement with a general non-sectarian
nonprofit hospital or hospitals within the county or within any
of such counties or any adjoining county, and may appropriate
county moneys to such hospital or hospitals for the erection,
construction and equipment of a building or wing or unit for the
care, isolation and treatment of contagious disease cases. In
any such contagious disease hospital, or building, wing or unit,
provisions shall be made for the care and treatment of indigent
persons and of persons who are able to pay for their care and
treatment in whole or in part.
(c) The county commissioners may in like manner join in
establishing, maintaining, equipping and operating a contagious
disease hospital with any municipality within the county.
Section 2379. Plans and Specifications; Approval;
Construction.--Plans and specifications for any county or joint
county hospital, or building, wing or unit at a general
hospital, shall be prepared by the board or boards of
commissioners or at their instance, or by the general hospital
with which an agreement has been made, as the case may be, which
plans and specifications must be submitted to the Secretary of
Health of the Commonwealth. The cost of the preparation of such
plans shall be paid by the county or counties so joining. Upon
the approval of said plans and specifications by the Secretary
of Health of the Commonwealth, any county or joint county
contagious disease hospital may be constructed and equipped in
the same manner that any other county buildings are constructed
and equipped, and in the case of a building, wing or unit at a
general hospital, the same shall be constructed and equipped by
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the authorities in charge of the general hospital as may be
provided in the agreement with the county or counties joining.
In either event, the expense and cost of such erection,
construction and equipment, and the cost of the site, if any,
shall be paid by the board or boards of commissioners out of
county funds.
Section 2380. County Agreements for Joint Contagious Disease
Hospitals, Buildings, Wings and Units.--Whenever the county
commissioners of two or more counties or the county
commissioners and the corporate authorities of any
municipalities within the county decide that a hospital or a
building, wing or unit at a general hospital for the care and
treatment of contagious diseases is necessary, they shall enter
into an agreement for such purposes and therein provide how and
in what proportions each county shall bear the expenses incident
to the construction, operation and maintenance of the joint
hospital, building, wing or unit for contagious diseases.
Section 2381. County Hospital for Tuberculosis.--Whenever a
number of citizens residents of a county, equal to the number of
votes cast at the last municipal election, shall petition the
county commissioners for the establishment of a county hospital
for the treatment of persons afflicted with tuberculosis, the
county commissioners shall, at the next municipal election,
submit to the voters of the county the question whether or not
the county shall establish such a hospital. Such question shall
be submitted, and the vote on such question shall be counted,
returned and computed in the manner prescribed by the
Pennsylvania Election Code.
Section 2382. Power to Acquire Site.--If a majority of the
electors voting upon such question at such election shall vote
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in favor of the establishment of such a hospital, the county
commissioners shall acquire a site for such hospital, either by
purchase, gift or condemnation. In case such site shall be
acquired by condemnation, the procedure for the assessment of
damages for the property taken shall be as prescribed by law.
Section 2383. Site and Plans Approval.--If a majority of the
electors voting upon such question at such election shall be in
favor of the establishment of the hospital, the county
commissioners shall, after consultation with the advisory board
created by the provisions of this act, select a site for such
hospital and shall have plans and specifications prepared for
such hospital, but no such hospital shall be erected until such
plans and specifications, and the site therefor, have been first
approved by the Secretary of Health.
Section 2384. Construction and Equipment.--Any such hospital
shall be constructed by contract or contracts let by the county
commissioners to the lowest responsible and best bidder, in
accordance with the provisions of this act, and when so
constructed, the hospital shall be equipped by the county
commissioners at the cost of the county in the same manner as
other county buildings are equipped.
Section 2385. Increase of Indebtedness.--The county
commissioners of every county establishing a hospital for
tuberculosis, as provided for in this act, may incur or increase
the indebtedness of the county, in accordance with the Municipal
Borrowing Law, to an amount sufficient to pay the cost of
acquiring a site and of erecting, constructing and equipping the
said hospital. The county commissioners shall levy an annual tax
in an amount necessary to pay interest and sinking fund charges
upon such bonds.]
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Section 103. Section 2390 of the act is amended to read:
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 [and care of the bodies of all unclaimed deceased
persons upon whom it may be necessary to hold a coroner's
inquest and such other bodies as the coroner of the county may,
by written order, direct to be received therein. The location of
such morgue shall be determined by the county commissioners,
subject to the approval of the coroner of the county.] of all
deceased persons under the care and custody of the coroner.
Section 104. Sections 2391, 2392, 2393 and 2396 of the act
are repealed:
[Section 2391. Rules and Regulations; Employes.--The coroner
of each county having a morgue shall make general rules and
regulations for its government and control, and shall appoint
suitable persons not exceeding three in number to have charge of
the same. The number and salary of such employes shall be fixed
by the salary board.
Section 2392. Ambulance.--The county commissioners may
purchase and maintain an ambulance or other proper vehicle for
the removal of bodies to and from said morgue, and for the
burial of unknown, unclaimed bodies, and the costs thereof shall
be paid from the funds of the county.
Section 2393. Private Morgues.--Where no county morgue is
maintained, the coroner may remove bodies coming within his
jurisdiction to a private morgue within the county, the cost
thereof to be paid from the funds of the county according to
rates established by the salary board thereof.
Section 2396. Land and Buildings for Garbage and Refuse
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Disposal.--Any county may acquire by gift, lease, purchase by
current revenues, borrowing or incurring indebtedness, or
eminent domain, real property within said county for the purpose
of erecting thereon garbage and refuse disposal facilities, and
shall have power to erect and maintain suitable buildings for
such facilities and for incinerating furnaces to be operated by
the county, as provided in Article XIX of this act. In every
case of taking private property by eminent domain, the county
shall acquire the entire title, either in fee or otherwise, held
by the owner or owners of the property or of any interest
therein.]
Section 104.1. The definitions of "county" in sections
2399.3 and 2399.53 of the act are amended to read:
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:
* * *
"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.
* * *
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:
* * *
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"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.
* * *
Section 105. Article XXIV of the act is repealed:
[ARTICLE XXIV
EMINENT DOMAIN AND INJURY TO PROPERTY
Section 2401. Eminent Domain; County May Enter Upon Land;
Etc.--In all cases where the power of eminent domain is
conferred upon the county by law, the county may enter upon,
appropriate, take, injure or destroy private lands, property or
material.
Section 2402. Certain Property Not to be Taken by Eminent
Domain.--The power conferred by this article shall not be
exercised to enter upon, appropriate, take, injure or destroy
any church property, graveyard or cemetery, and 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 said railroad.
Section 2403. Right to Entry to Make Preliminary Surveys.--
For the purpose of making all necessary preliminary surveys in
order to prepare plans and estimates, the board of commissioners
and the persons by them employed for such purposes may enter
upon private or public property and designate, by proper marks
upon the ground, the line of any improvement proposed to be made
and constructed under and for the purposes herein authorized.
Section 2404. Right of Damages.--The right to damages
against counties is hereby given to all owners or tenants of
lands, property or material appropriated, injured or destroyed
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by the county in cases where the right of eminent domain has
been exercised, and to all owners or tenants of lands, property
or material abutting on or through which pass roads or highways
injured by the laying out, opening, widening, vacating,
extending or grading of such roads or highways or the changing
of the grades or lines thereof, the construction and the
vacation of bridges, piers and abutments and approaches
therefor, and the construction of sewers over, upon or through
such lands or property.
Section 2405. Agreement of Damages.--The county
commissioners may agree with the owner as to the amount of
damages occasioned to any person for property taken, injured or
destroyed. Such damages shall be payable by the county out of
the general county fund or other funds provided for that
purpose.
Section 2406. County to Furnish Bond When Immediate
Possession Is Desired; Notice.--(a) Whenever the board of
commissioners or the board of commissioners in conjunction and
acting with the corporate authorities of any city, borough, town
or township have selected any land, property or material to be
appropriated, injured or destroyed by the right of eminent
domain and desire immediate possession thereof, and are unable
to agree with the owner or owners upon the amount of damages due
them for such appropriation, injury or destruction, or by reason
of the absence or legal incapacity of such owner or owners no
such agreement can be made, they shall tender a bond to the said
owner or owners, or to the attorney or agent of any absent
owner, or to the guardian or committee of any one under legal
incapacity, in sufficient sum to secure him or them for damages.
Upon acceptance of said bond by the owner or owners of said
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land, property or material, the county shall have the right to
immediate possession thereof.
(b) In case there is no acceptance of said bond by the owner
or owners, the board of commissioners, after written notice
thereof has first been given to said owner or owners, his or
their agent, attorney, guardian or committee, shall file the
same in the court of common pleas or with any judge thereof, and
upon approval thereof by said court or judge, the county shall
have the right to immediate possession of said land, property
and material.
Section 2407. Writ of Habere Facias Possessionem to Issue.--
If the owner, lessee or occupier shall refuse to remove his
personal property therefrom or give up possession thereof, the
petitioner in the proceedings may serve written notice upon such
owner, lessee or his agent or the occupier to remove his
personal property therefrom and give up possession of said
lands, property or materials within thirty days from the date of
the service of said notice.
If the owner, lessee or occupier of said lands, property or
material shall refuse or neglect to remove his personal property
therefrom and give possession thereof, upon proof of the service
of such notice being filed in the office of the prothonotary for
the county in which said lands, buildings or other property is
located, a writ of habere facias possessionem shall forthwith
issue, directing the sheriff to give to the party entitled
thereto possession, as is provided by existing laws.
Section 2408. Appointment of Viewers.--(a) In case the
board of commissioners or a majority of them and the parties
interested in the land, property or material appropriated,
injured or destroyed by the county fail to agree upon the
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compensation to be made for the land, property or material so
taken, injured or destroyed, upon petition of such commissioners
or a majority of them or any person or parties interested and
whose land, property or material is affected thereby to the
court of common pleas of said county, the said court shall
appoint three viewers from the county board of viewers, and
appoint a time, not less than twenty nor more than thirty days
thereafter, when said viewers shall meet and view the land,
property or material to be so appropriated, injured or
destroyed.
(b) The said viewers shall give at least ten days' notice,
by publication in one newspaper of general circulation in the
county once and in accord with the provisions of section one
hundred ten of this act, of the time and place of their first
meeting, and shall also give notice thereof by handbills posted
in conspicuous places in the vicinity of the said proposed
public improvement.
(c) All the viewers shall act unless prevented by sickness
or other unavoidable cause, but a majority of the viewers may
hear, determine, pass upon and report all matters relating to
the view for which they were appointed.
Section 2409. Time of Appointment of Viewers; Cost.--(a)
The viewers provided for in the preceding section may be
appointed either before or at any time within six years after
the entry upon, taking, appropriating or injuring of said land,
property or material.
(b) The cost of said viewers and all court costs incurred,
including all advertising and notices in connection therewith,
shall be paid by the county, except that when the right of
eminent domain has been exercised by the county acting with the
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corporate authorities of any city, borough, town or township,
then all costs shall be borne equally by the county and city,
borough, town or township.
Section 2410. Petition for Appointment of Viewers to Specify
Liens on Property.--In all proceedings hereafter instituted for
the condemnation and appropriation of land and property by
eminent domain, the petition for the appointment of viewers
shall contain allegations specifying any judgments, mortgages or
other claims (hereinafter designated "liens") which are liens
upon the land and property sought to be appropriated or
condemned as aforesaid.
Section 2411. Testimony and Evidence Concerning Liens.--
Testimony shall be taken in said proceedings to ascertain the
amounts of said liens and the dates of the entry of the same,
and the amounts of said liens and the dates of entry thereof
shall be found as facts by the viewers in said proceedings.
Certified lists of liens from the courts of the Commonwealth and
the United States shall be prima facie evidence of the
existence, dates, amounts, dates of entry and places of record
of said liens, and unless modified or overcome by oral or
documentary evidence, shall be conclusive upon the parties
thereto.
Section 2412. Procedure; Rights and Liabilities Where Liens
Exist.--When it appears that liens exist which are liens upon
property sought to be condemned and appropriated, a report of
the facts found shall be made to the court. Such report shall be
subject to exceptions in manner to be regulated by the Supreme
Court by general rule. When the court has finally determined the
findings in relation to the liens, the court shall make an order
directing the payment and distribution of the amount found to be
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payable as compensation to the parties entitled thereto, first
to the owners of said liens, then to the owners of the property
appropriated as aforesaid. The parties interested shall have the
right of appeal from said order of distribution to the Superior
and Supreme Courts. Payment in accordance with the order of
distribution, evidenced by a receipt of record in the
proceedings, shall absolutely discharge the party making the
payment from all liens by any person, copartnership, association
or corporation as against said property. In such receipt and on
the record thereof, any claimant may reserve the right to
proceed against any other property or assets of the owner of the
property condemned for any balance due upon his lien.
Section 2413. Proceedings by and Before Viewers.--The said
viewers, having been duly sworn or affirmed faithfully, justly
and impartially to decide and true report to make concerning all
matters and things to be submitted to them and in relation to
which they are authorized to inquire and having viewed the
premises and examined the land, property or material to be
appropriated, injured or destroyed, shall hear all parties
interested and their witnesses, and, having a due regard to and
making just allowance for the advantages which may have resulted
or which may seem likely to result to the owner or owners of
said lands or materials in consequence of the proposed
improvement, shall estimate, determine and assess the damages
for the land, property or material taken, injured or destroyed,
and to whom the same is payable, and the benefits, if any, in
connection therewith. Having so estimated, determined and
assessed the damages and benefits, they shall prepare a schedule
thereof, and give notice to all parties to whom damages are
allowed or against whom benefits are assessed of a time, not
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less than ten days thereafter, and of a place, where said
viewers shall meet and exhibit said schedule and hear all
exceptions thereto and evidence.
Section 2414. Notice of Meeting.--Notice of the time and
place of said meeting shall be given in the manner provided by
law for the service of summons in a personal action upon all
parties allowed damages and against whom benefits have been
assessed, as shown by said schedule, if the said parties can be
found in the county, or upon an adult person, if any, residing
upon the property affected in case the owner or reputed owner
cannot be found, and to all others by publication in the
newspaper or newspapers in which the first notices of said view
were published. When no service is made upon the owner, reputed
owner or upon an adult person residing upon the property
affected, said notice, where publication thereof has also been
made, shall be deemed to have been properly served if tacked or
conspicuously posted on the premises. The court may provide by
whom the notice provided by this act shall be posted, given and
served, and fix the compensation for said service.
Section 2415. Plans of Properties Condemned to be Furnished
to Viewers.--In all proceedings to assess damages for the
taking, injury or destruction of private property for public
use, the county taking, injuring or destroying property for said
purpose shall furnish the board of viewers with a correct plan
of all properties affected, showing all buildings or other
structures thereon, their width, length, elevation and cubical
contents, names of all owners, tenants or occupiers thereof, the
topography of the land and the grades and widths of all highways
running through or abutting on said properties, and all other
data necessary for a proper determination of the amount of
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damages caused by the taking, injury or destruction of said
private property.
Said plans shall be prepared and ready for the use of the
viewers at their first meeting, and copies thereof shall be
furnished to all owners, tenants and occupiers of the property
and all other parties affected thereby without charge.
Section 2416. Report to Court.--After making whatever
changes are deemed necessary, the said viewers shall make report
to the court showing all the damages allowed and benefits
assessed in each case, and file therewith a plan showing the
improvement and the land, properties and materials taken,
injured or destroyed. When said report is filed, notice thereof
shall be given by publication once in the newspaper or
newspapers in which first notices of said view were published.
Said notice shall state the date of filing of the report and
shall contain a schedule of the damages and benefits shown
therein, and shall further state that, unless exceptions thereto
are filed within thirty days from the date of filing, the said
report will be confirmed absolutely.
Section 2417. Certain Testimony Authorized.--In all
proceedings arising from the exercise of the right of eminent
domain, it shall be competent for all witnesses called, when
duly qualified.
(1) To state in detail and costs all the elements of the
property before the exercise of the right of eminent domain and
as unaffected by it and its market value immediately after the
exercise of the right of eminent domain and as affected thereby.
(2) To state in detail and costs all the elements of benefit
or damage which they have taken into consideration in arriving
at their opinion.
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(3) In arriving at their opinion as to the market value
immediately after the exercise of the right of eminent domain,
to add to their opinion of the market value before such exercise
the cost or value of all the elements of benefit or advantage
and to deduct therefrom all disadvantages or damage in order to
arrive at the market value after such exercise of the right of
eminent domain and as affected thereby.
(4) In all proceedings to assess damages or benefits for the
opening of any road or highway, to take into consideration as
one of the elements of advantage or disadvantage the cost of
highway improvements.
Section 2418. Value of Property.--In all claims for damages
against a county arising from the exercise of the right of
eminent domain, it shall be competent for the party or parties
claiming damages to offer in evidence the value of the property
affected as assessed for the purpose of taxation.
Section 2419. Unlawful Assessments.--In all cases of
appropriation of land for public use, other than for roads or
highways, it shall be unlawful to assess any portion of the
damage done to or value of the land so appropriated against the
other property adjoining or in the vicinity of the land so
appropriated.
Section 2420. Vacation of Road When No Property is Taken.--
Whenever viewers are appointed to vacate any road or highway and
the vacation of the same takes no land from the owner abutting
thereon, if, in the opinion of the viewers, such vacation
damages the property of the abutting owner, they may award
damages to such owner as though land has been actually taken.
Section 2421. Procedure When Building is on Line of Proposed
Road.--Whenever in locating, relocating, opening, widening,
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straightening or extending any road or highway or parts thereof
the same shall be found to pass through, take or injure
buildings, barns or other valuable improvements thereon, the
said viewers or a majority of them shall have the right to
recommend that such buildings and improvements, situate in part
or in whole on the road or highway so to be improved, opened,
widened, straightened or extended, shall be permitted to remain
thereon for such time as shall be deemed wise and proper, and if
the court shall approve the finding and report of said viewers
or a majority of them, the owner or owners of such buildings or
improvements may continue to use and enjoy the same during the
time so fixed and determined. In case of the destruction,
vacation or abandonment of any such building within the time
they are so authorized to remain, such owners or owner shall not
have the right to re-erect and reconstruct or retake such
buildings or improvements within the line of such road or
highway.
Section 2422. Time Limit for Report of Viewers.--Viewers
appointed to assess the damages and benefits due to the
appropriation, injury or destruction of land, property and
materials shall make their reports within a time which the court
shall fix when so appointing them. If the viewers so appointed
shall, for any reason appearing sufficient to the court, be
unable to file their report within the period so fixed, the
court may, either before or after the expiration of the time
fixed, extend the time for the filing of such report.
Section 2425. Payment of Damages and Costs; Interest on
Awards.--All damages agreed upon or awarded and all costs and
expenses incurred shall be paid by the county, except in cases
where an appeal is taken by any party in interest from the award
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of the viewers and the appellant does not recover any greater
amount than the viewers award, in which case the appellant shall
pay all costs of such appeal.
The amount of damages allowed in a report of viewers for the
taking, injury or destruction of property by the exercise of the
right of eminent domain shall, as finally confirmed, bear
interest at the rate of six per cent per annum from the date of
the final decree.
Section 2426. Collection of Awards.--Upon the final
confirmation of the report of the viewers, the party or parties
to whom an award has been made shall have the right to take such
further appropriate legal proceedings as may be necessary and
proper to enforce payment of said confirmed award, either in
nature of a writ of mandamus, execution or otherwise.
Section 2427. Title to Vest upon Payment of Award.--(a)
Upon payment of the compensation for land or property in
accordance with the order of distribution, title to such land or
property shall vest in the county in accordance with provisions
of the law under which the appropriation is made, and all claims
for compensation shall be deemed paid and satisfied.
(b) In counties of the third and fourth classes upon payment
of the compensation for land or property in accordance with the
order of distribution or upon the filing of a bond by such
county of the third or fourth class in an amount which shall be
fixed by the court having jurisdiction, which amount shall not
be less than the amount fixed by the viewers as the value of the
land or property, title to such land or property shall vest in
the respective third or fourth class county in accordance with
provisions of the law under which the appropriation is made, and
all claims for compensation shall be deemed paid and satisfied,
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except where title vests by virtue of a bond having been filed,
seventy-five per centum of the amount of damages as fixed by the
viewers as the value of the land or property shall be paid to
the owner within six months after the date of the filing of the
bond and the balance due shall be determined by judicial
proceedings and promptly paid thereafter.
Section 2428. Money to be Paid Into Court in Case of Adverse
Claims.--(a) If any person or persons shall claim adversely to
each other any estate or interest in the land, property or
materials selected by the board of commissioners to be
appropriated, injured or destroyed for the purposes mentioned in
this act, and the viewers shall not be able to determine who are
the owner or owners of said land, property or materials, or the
value of their estates and interests therein, they shall so
report, valuing the land, property or materials as a whole, and
upon the confirmation by the court of the report of said
viewers, if no appeal shall be taken therefrom, the
commissioners of the county shall pay into the court the whole
of the said valuation money; thereupon, the title of the land,
property or material and the estates and interests of all the
owners thereof shall become vested in fee in the county
acquiring and taking said land, property or materials.
(b) The court of common pleas shall, by rule, process or
motion, require all said claimants to appear therein and may, by
an issue framed between them to be tried by a jury or by a
reference to a master or by such orders and decisions as shall
appear to be just under all the circumstances of the case,
determine the estates and interest of said claimants in said
valuation money. Upon the final determination of such
proceeding, the court shall direct said valuation money to be
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paid to the person or persons ascertained to be entitled
thereto.
Section 2429. Appeals by Adverse Claimants.--(a) In case
any of said claimants shall appeal from the award of said
viewers, the county commissioners, upon filing in the court and
having approved thereby a bond in double amount of said award to
the said owners and claimants for the benefit of the persons
owning said land, property or materials, with at least two
sufficient sureties conditioned for the payment by the county of
such an amount as the owner or owners shall be entitled to
receive for said ground when the same shall have been finally
ascertained by due course of law, may lawfully enter upon and
take possession of said land, property or materials.
(b) The said court shall thereupon proceed to determine the
estates and interest of said claimants in said land, property or
material, as is hereinbefore provided when the valuation money
is paid into court. Said proceeding shall be finally determined
before the issue framed upon the said appeal shall be tried, and
if it be determined that the party appellant has no estate or
interest in said land, property or materials, his appeal shall
be disallowed.
Section 2430. Payment into Court When Award is Refused or
When Parties Cannot be Found.--Any amount of money awarded, as
herein provided, if refused by the person or persons entitled
thereto, or if the person or persons entitled thereto cannot be
found, shall be paid into court, and thereafter all such persons
shall look to said fund for all damages accruing by reason of
the appropriation, injury or destruction of such land, property
or material.
Section 2431. Notice to Vacate; Ejectment.--In case any land
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or property selected by the board of commissioners or by the
board of commissioners in conjunction and acting with the
corporate authorities of any city, borough, town or township to
be appropriated, injured or destroyed, and said land or property
has improvements thereon in the actual occupancy of any person
or persons, and such person has had his, her or their damages
assessed and paid, thirty days' notice to vacate the same shall
be given to the party or parties so in actual possession. In
case of refusal or neglect on the part of any one to obey said
notice, the board of commissioners may, at the expiration of
said thirty days, be entitled to a writ of habere facias
possessionem or may enter upon and eject or cause to be ejected
any of the parties so refusing or neglecting to vacate, and use
force enough by themselves, agents or employes to accomplish the
same.
Section 2432. Appropriations of Right of Way or Easement.--
In any action brought to ascertain or recover damages caused to
any owner of lands by reason of the appropriation of a right of
way or easement in such lands by any county, where such owner of
lands and such county cannot agree upon the amount of damages
payable to such owner, the parties may by agreement waive the
right to have such damages assessed by viewers. Such owner may
thereupon file his statement and claim in the court of common
pleas and rule the defendant to plead thereto within twenty days
from notice of such rule duly served upon said county, and the
said suit shall be proceeded with the same as if an award of
viewers had been filed and an appeal had been taken therefrom.
Either party to such action shall have the right during the
trial to demand and have the jury which may be selected to try
said cause visit and view the premises over or through which the
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right of way or easement extends before rendering a verdict in
such case.
Section 2433. Discontinuance of Proceedings by County.--In
case the county shall discontinue any proceedings taken
providing for the appropriation, injury or destruction of any
land, property or materials prior to the entry upon, taking or
appropriation thereof and before judgment therein, the said
county shall not thereafter be liable to pay any damages which
have been or might have been allowed, but all costs upon any
such proceedings had thereon shall be paid by the county,
together with any actual damages, loss or injury sustained by
reason of such proceeding, and the amount of the same may be
determined and fixed by the court in which such proceeding was
pending.]
Section 106. The act is amended by adding an article to
read:
ARTICLE XXIV-A
EMINENT DOMAIN AND INJURY TO PROPERTY
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.
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.
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(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.
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.
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
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damages and costs.
Section 107. Sections 2501, 2502, 2503 and 2504 of the act
are amended to read:
Section 2501. Acquisition of Land and Buildings for
Recreation Places.--(a) The county commissioners may [in any
county] designate and set apart for use as [public parks,
parkways, bridle paths, foot paths, playgrounds, playfields,
gymnasiums, public baths, swimming pools, agricultural
fairgrounds, or other indoor or outdoor recreation centers, all
of which shall hereinafter be referred to as recreation places,]
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. [They may also
designate and set apart any such land or buildings for the
enlarging or extending of any such recreation places.]
(b) The county commissioners may also acquire [for use as
any such recreation place, or the extension or enlargement
thereof,] lands or buildings, by gift[, purchase or the power of
eminent domain. They may also lease lands or buildings within
the county for use for any such purpose.] 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,
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extending, operating and maintaining public parks and multiuse
recreational trails within the limits of the county.
(c) [The exercise of the power of eminent domain shall be in
accordance with the provisions of this act.] 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 [municipality or
township] municipal corporation which would be affected thereby.
(d) A county may exercise the powers granted in this article
jointly with any political subdivision.
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 [of any county, except a
county of the second class,] 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.
Section 2503. Fair, Park and Recreation Boards.--[If the
county commissioners of any county shall determine that the
power to supervise any or all recreation places shall be
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exercised by a park board or recreation board or fair board,
they may establish in said county such] 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 [respective] county commissioners in the
management, supervision, operation and maintenance of such
recreation places. Any [such boards, when established,] 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 [of the county and shall be appointed] for a term
to extend no longer than five years and the terms of the members
shall be staggered in such a manner that at least one expires
annually. Members of such board shall serve without pay.
Vacancies in such board occurring otherwise than by expiration
of term shall be for the unexpired term and shall be filled in
the same manner as original appointments.
[If, on the effective date of this amendment, there is a
recreation board established in any county that is not comprised
of nine members, additional persons may be appointed but if
there are more than nine members, vacancies shall not be filled
until the membership is less than nine.]
Section 2504. Officers of Board.--The members of a fair
board, park board or recreation board[, established pursuant to
this article,] 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.
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Section 108. Section 2505 of the act is repealed:
[Section 2505. Joint Action.--Any county authorized by this
article to acquire property for and operate and maintain any
recreation places may acquire property in the manner provided in
this article for such purposes, and operate and maintain the
same jointly with any other county or any city, borough,
township or school district.]
Section 109. Sections 2506, 2507, 2508, 2509, 2510, 2511,
2512(a) and 2513 of the act are amended to read:
Section 2506. Indebtedness.--The county commissioners may
issue bonds, in accordance with [the Municipal Borrowing Law] 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.
Section 2507. Payment of Expenses; Taxation; Annual Fairs;
State Contributions.--(a) All expenses incurred in the
operation of [such] recreation places, established as herein
provided, shall be payable from the treasury of [such] the
county. The county commissioners may annually appropriate and
cause to be raised by taxation [such tax] 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 [the fairgrounds acquired or maintained as
aforesaid] county fairgrounds, and may accept aid or
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contributions from the Commonwealth under any act [of Assembly]
for the payment of premiums at any such fair or exhibition.
Section 2508. Park Buildings.--The county commissioners [of
any county] 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.
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
[said] 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.
Section 2510. Damages; Forfeiture of Leases; Penalties.--(a)
Any person violating any rules and regulations adopted for
[such] recreation places shall be [further] 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 any of them], or consent to or
permit the same to be violated on [his or her or their] the
premises, shall forfeit [his or her or their] 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
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rules or regulations of the county commissioners for the
government of public parks shall constitute a summary offense.
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.
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 [magistrate, alderman or justice of the peace]
magisterial district judge having competent jurisdiction.
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* * *
Section 2513. [Commissioners May Hold] 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.
Section 110. Sections 2514, 2515 and 2516 of the act are
repealed:
[Section 2514. Contributions for Additional Improvements.--
The county commissioners of any county may receive and accept
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contributions in buildings or materials for additional
improvements on the real property conveyed or devised and held
in trust as hereinbefore provided.
Section 2515. Leases for Agricultural Fairs.--The county
commissioners may lease real property so conveyed or devised to
any incorporated agriculture association willing and financially
able to manage said premises, on condition that said premises
will be used annually for agriculture fairs and exhibitions
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.
Section 2516. Power of Sale.--If for a period of five years
no public use of said real property as contemplated by the grant
or gift to the county is made, the county commissioners may sell
real estate on petition to the court of common pleas as provided
by this act for the sale of county real property.]
Section 111. Sections 2517, 2601, 2604, 2611, 2612, 2616,
2633, 2634, 2635, 2636, 2650, 2651, 2652 and 2653 of the act are
amended to read:
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 [cities of the third class, boroughs,
incorporated towns and townships] municipal corporations in the
purchase, construction, operation and maintenance of [lands and
buildings for public parks, parkways, bridle paths, foot paths,
playfields, gymnasiums, public baths, swimming pools, golf
courses, tennis courts, agricultural fair grounds, or other
indoor or outdoor recreation centers and facilities] recreation
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places.
Section 2601. Authority to Provide Bridges, Viaducts and
Culverts; Definitions; Application of Article.--(a) The
[county] 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 [the
procedures and requirements established by the provisions of]
this article. The provisions of this [section and 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
[as are covered and] 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
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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.
Section 2604. Plans and Surveys for Bridges and Viaducts.--
Whenever the commissioners [of any county] 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 [city,
borough, incorporated town or township] municipal corporation
proposed to be used in connection therewith.
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
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said approach. Every [such] 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.
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.
[Whenever] 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.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
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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.
Section 2616. Acceptance of Bridge Donated to County.--(a)
The commissioners of any county may accept, take charge of and
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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.
(c) All costs shall be paid out of the treasury of the
county. The [county] commissioners may require the owner of said
bridge to file, together with their notice, a bond sufficient to
secure payment of the costs.
Section 2633. Temporary Substitutes for Bridges.--When any
county bridge is destroyed or rendered impassable, the [county]
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 [such bridge shall have
been] 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
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as the maintenance of [such] the bridge was borne before it was
destroyed or rendered impassable.
Section 2634. Closing, Vacating, Abandoning and Removing
County Bridges.--Whenever it appears to the [county]
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.
Section 2635. Contracts for Special Use of Bridge.--The
commissioners [of any county] 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.
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
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be paid to the county by [said] the company for the use and
occupancy of the bridge or [such] parts thereof [as may be used
and occupied by said company. For such purpose the commissioners
may contract with said company, and may do all acts necessary
and proper to carry out such contract effectually].
(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.
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
[such political subdivisions] municipal corporations is
necessary, and requires more expense than it is reasonable that
[such political subdivision, or any two of them jointly,] the
municipal corporations, individually or jointly, should bear,
and if it shall appear to the commissioners [of the county] that
such bridge is necessary, [and would be too expensive for such
political subdivision or adjoining political subdivisions to
bear, it] the bridge may, at the discretion of the [county]
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 [county] 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
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including damages. Such bridge shall thereupon be a municipal
[or township] bridge to be maintained and kept in repair by such
[political subdivision] municipal corporation. The county
commissioners may, at their discretion, furnish [such political
subdivision] the municipal corporation the whole or any part of
the money necessary to maintain such municipal [or township]
bridge.
(b.1) The commissioners shall keep a record of all
proceedings under this section.
(c) [Where the cost to the county will not exceed ten
thousand dollars ($10,000), the county commissioners may furnish
such aid in the construction of such bridge without following
the procedure herein stipulated.] 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.
Section 2651. Change in Location of Bridge and Roads.--
[When] In counties of the third through eighth classes, 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
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connecting therewith as they may deem proper.
Section 2652. Construction of Embankments and Causeways as
County Improvements[.--Where] in Certain Counties.--In counties
of the third through eighth classes, 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, [and if it shall appear that for the use and
enjoyment of said bridge by the public it is necessary to
construct an embankment or causeway the construction of which
would be too expensive for such township or townships to bear,
it] 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.
Section 2653. Contract for Parts of Municipal Bridges Where
County Might Have Built Bridge.--(a) Where a [city of the third
class, a borough or a township] 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 [political subdivision] 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 [city,
borough or township] municipal corporation for that part or
portion of the bridge which crosses any of the places
hereinbefore mentioned, including the abutments and piers
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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.
Section 112. The act is amended by adding a section to read:
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.
Section 113. Sections 2655 and 2656 of the act are amended
to read:
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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, [such] the county
may contract with [such] the municipality or municipalities for
the laying out and construction of [such] 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.
Section 2656. Entry of Municipal Bridge on Record as County
Bridge.--Whenever a public bridge has been built or maintained
by [any municipality, or by any two municipalities] 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
[political subdivisions] 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
[commissioners] free and without charge.
Section 114. Section 2670 of the act is repealed:
[Section 2670. Building or Repair of Bridges.--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
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bridge at a cost in excess of ten thousand dollars ($10,000)
upon the line between two adjoining counties, the advertising
shall be done in each of said counties, and a copy of the plans
and specifications shall be kept in the commissioners' office of
each county.]
Section 115. Sections 2701, 2702, 2703 and 2704 of the act
are amended to read:
Section 2701. Definitions.--The words defined in section
[two thousand six hundred one of this act] 2601 shall be
construed to have like meanings when used in this article.
Section 2702. Establishing County Roads.--(a) For the
purpose of providing public roads, specially constructed,
improved and maintained, the county commissioners may[, upon
approval by the court of quarter sessions, originally lay out
and open any road, and take possession of and exercise control
over any existing township road or part thereof, and build and
maintain roads as county roads within their respective limits.
They may, at any time, straighten, widen, extend and alter any
such road or part thereof, and vacate so much thereof as may
become unnecessary and useless. Any road so]:
(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
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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.
Section 2703. Acquisition of Rights of Way of Abandoned
Railroads.--(a) The county commissioners [of any county] may
take over any abandoned rights of way or bridge of a railroad
company or any part thereof for the purpose of relocating any
existing or locating a new county road, and they may purchase
such abandoned right of way or bridge or such part thereof, as
may be necessary for the relocating or locating of said county
road, from the owner thereof[, at a fair price, to be approved
by the court of quarter sessions of the county].
(b) Whenever [any such] 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 [such] bridge so
taken over shall become a county bridge and shall be maintained,
rebuilt and repaired accordingly.
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
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extending along the line of or into an adjoining county. The
[several portions thereof] portions of the road lying within
limits of each county shall be treated in all proceedings as one
continuous road.
Section 116. Section 2705 of the act is repealed:
[Section 2705. To Be County Road as Soon as so Decreed.--All
roads and parts thereof heretofore and hereafter decreed by the
court, under this or any former acts of Assembly, to be a county
road shall be subject to the control and supervision of the
county commissioners. Upon the decree or order making an
existing township road or part thereof a county road, the same
shall immediately be kept in repair, made, constructed and
maintained by the county and the township relieved of any duty
thereto as a township road.]
Section 117. Sections 2706, 2707, 2708, 2709, 2710, 2721,
2722 and 2723 of the act are amended to read:
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. [They may
invite proposals for maintaining and repairing such roads or
parts thereof in accordance with such plans and estimates and
award the contract therefor in like manner as contracts for new
improvements, or they may make the necessary repairs themselves.
For the purpose of making such repairs, the commissioners may
employ or appoint the proper persons and buy the necessary
materials and buy or rent the necessary machinery.] 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 [machinery] equipment to any political
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subdivision within the county, upon such terms and conditions as
may be agreed upon.
Section 2707. Annual Tax.--The commissioners may levy,
assess and collect [an annual tax, of not more than two mills
upon the dollar,] 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
[covered by the provisions of subdivision (a) 1 of this
article], and for the taking and use of [such] land as may be
necessary in constructing and maintaining proper slopes,
embankments, fills [and], culverts, embankment approaches and
termini for roads, tunnels, subways and underground roads. The
moneys so raised shall not be expended for any other purposes
[than those named in this section] 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. [All checks
for the payment of any portion of the money raised for the
purposes aforesaid shall be issued, in the manner provided by
this act, upon estimates which shall be made from time to time
by the persons charged with such duty. The amount and time
within which the same shall be paid shall be fixed and
determined in the contract made for the public work.] 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.
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(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.
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
[subdivision (a) 1 of this article, by issuing bonds in
accordance with the provisions of the Municipal Borrowing Law]
this article, in accordance with 53 Pa.C.S. Pt. VII Subpt. B
(relating to indebtedness and borrowing).
Section 2709. Changing Part of Road [Without View] 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.
[This authority shall not extend to any construction or
alteration, the cost and expenses of which to such county,
including damages, shall exceed one thousand dollars ($1000). A
petition setting forth the facts, accompanied by a map or draft
of such proposed change, shall be presented to the court of
quarter sessions for approval before such actual change is made,
whereupon the new location, thus approved by the court, shall be
the public road to all intents and purposes and the old location
shall be vacated.] The old location of the road shall be vacated
in accordance with this act.
Section 2710. Assessment of Benefits.--Whenever, in any
county, any road or highway shall be originally located, laid
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out or constructed or relocated, opened, straightened, widened,
extended or altered, or any part thereof vacated, the viewers
appointed to assess damages [for taking, injuring or destroying
property] 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 [such] 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.
[The viewers shall in such cases file their report showing
the balance struck between the damages awarded and the benefits
assessed.]
Section 2721. Improvement of [Borough and Township]
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[, upon approval by the court of quarter
sessions as hereinafter provided,] take exclusive control of and
improve any road or section thereof located either wholly or in
part[,] in any [borough or township] 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
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provisions of this section, shall, by ordinance enacted by each
[borough or by resolution adopted by the commissioners or
supervisors of each township] municipal corporation through
which such road shall pass, become [borough or township]
municipal roads, and the duty of maintaining and keeping the
same in repair shall devolve upon each respective [township or
borough] municipal corporation through or into which the same
extends.
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 [to the court of
quarter sessions] 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[, upon approval by the court of quarter sessions
as hereinafter provided,] 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.
Section 2723. Improvement of Roads Not Part of System on
Contribution From Parties Interested.--The commissioners may
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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[, in a manner to be approved by the court of
quarter sessions,] 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.
Section 118. Sections 2724 and 2725 of the act are repealed:
[Section 2724. Annual Tax.--The commissioners may levy,
assess and collect an annual tax, of not more than two mills
upon the dollar, upon all real and personal property within the
county taxable for county purposes, for the purpose of acquiring
and securing a fund from which to pay all costs, damages and
expenses required in locating, opening, widening, straightening,
extending, building, improving, maintaining, repairing or
vacating of the roads or parts thereof improved under the
provisions of subdivision (a) 2 of this article, and for the
taking and using of such land as may be made necessary in
constructing and maintaining proper slopes, embankments, fills
and culverts. The moneys so raised shall not be expended for any
other purposes than those named in this section. All checks for
the payment of any portion of the money raised for the purposes
aforesaid shall be issued, in the manner provided by this act,
upon estimates which shall be made from time to time by the
person charged with such duty, and the amount and time within
which the same shall be paid shall be fixed and determined in
the contract made for the public work herein authorized.
Section 2725. Borrowing Money and Bond Issue.--Any county
may borrow money and secure such indebtedness by issuing bonds
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in accordance with the provisions of the Municipal Borrowing Law
for the purpose of building and improving the roads or any part
thereof constructed under the provisions of subdivision (a) 2 of
this article.]
Section 119. Sections 2730, 2731 and 2732 of the act are
amended to read:
Section 2730. Purchase, Location, Construction, Operation
and Maintenance Authorized.--Whenever the county commissioners
shall deem it expedient [so to do and upon the approval thereof
by the court of quarter sessions as hereinafter provided], they
may cause to be purchased, located, constructed, operated and
maintained roads, tunnels, subways or underground roads anywhere
within the county, either wholly or partly within the boundaries
of any [city, borough, town or township] 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.
Section 2731. Contracts or Lease for Special Use of
Improvements.--The commissioners[, subject to the approval of
the court of quarter sessions,] 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.
[No such contract or lease for the concurrent use of a portion
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of such improvement shall be for a longer term or period than
twenty years. Any such contract or lease shall be made in
accordance with applicable provisions of the Public Utility
Law.]
Section 2732. Taking Street or Other Property of [City or
Borough] Municipal Corporation.--Should the commissioners of any
county deem it necessary or advisable to enter upon or
appropriate any road or property of any [city or borough]
municipal corporation in the county, or take any other action
affecting the property rights or authority of such [city or
borough] 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 [city or borough] 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.
Section 120. Sections 2733, 2734, 2740, 2741, 2742, 2743,
2744 and 2745 of the act are repealed:
[Section 2733. Annual Tax Levy.--The commissioners may levy,
assess and collect an annual tax, of not more than two mills on
the dollar, on all real and personal property within the county
taxable for county purposes for the purpose of acquiring and
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securing a fund from which to pay all costs, damages and
expenses required in the purchasing, improving, locating,
opening, constructing, maintaining and repairing roads, tunnels,
subways and underground roads, purchased or constructed under
the provisions of subdivision (a) 3 of this article, and the
taking and using of such land as may be made necessary in
constructing the same and in maintaining proper slopes,
embankments approaches and termini for said roads, tunnels,
subways and underground roads. The money so raised shall not be
used or expended for any other purposes than those herein named.
All checks for the payment of any portion of the money raised
for the purposes aforesaid shall be issued, in the manner
provided by this act, upon estimates which shall be made from
time to time by the person charged with such duty. The amount
and time within which the same shall be paid shall be fixed and
determined in the contract made for the public work herein
authorized.
Section 2734. Borrowing Money and Bond Issue.--Any county
may borrow money and incur indebtedness in accordance with the
provisions of the Municipal Borrowing Law, to an amount not
exceeding the constitutional limitations, for the purchase and
improvement or construction of such roads, tunnels, subways and
underground roads.
Section 2740. Procedure to Obtain Approval of Quarter
Sessions.--(a) When the county commissioners resolve to
exercise any of the powers conferred in subdivision (a) of this
article, they shall cause to be prepared surveys and plans of
such road or tunnel, subway or underground road showing the
improvement proposed to be made, together with any proposed
changes in existing roads, and they shall present such surveys
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and plans, together with their petition, on behalf of such
county, to the court of quarter sessions, praying for approval
of such proposed exercise of powers. Such petition shall briefly
describe the proposed improvement and the estimated cost thereof
and, if the method of construction has not been fully
determined, the estimated cost thereof according to each of the
several methods in which the improvement may practically be
made.
(b) On the filing of such petition, the court shall fix a
time for a hearing thereon. Notice of said hearing shall be
given, by an advertisement published at least ten days prior to
the hearing in two newspapers of general circulation in the
county, which notice shall briefly describe the location of the
improvement proposed to be made and the time, place and purpose
of said hearing. Upon the hearing thereof, the court may, for
proper cause shown, disapprove the petition; otherwise, it shall
approve the same and order that the improvement be made and
constructed in accordance with the plans and surveys
accompanying the petition. Thereupon, any original location,
relocation, opening, widening, straightening, extension,
alteration or vacation of any road as set forth in the
proceedings and the right to proceed with such improvement shall
become absolute.
(c) The words "improved" or "improvement" as herein used
mean each and every power conferred upon counties under the
terms of any of the preceding sections of this article.
Section 2741. Right of Eminent Domain.--For the purposes
described in subdivision (a) of this article, the county
commissioners may enter upon private or public property and may
take, injure and destroy the same in the manner and subject to
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the restrictions and procedure prescribed by Article XXIV of
this act.
Section 2742. Contracts for Improvements.--After said
surveys and plans and the petition to the court of quarter
sessions have been approved by the court, and the road, tunnel,
subway or underground road, ordered to be made and constructed
in accordance therewith, the commissioners shall invite
proposals and let contracts for the making and constructing of
the same or such parts of the same as the commissioners shall
deem proper, in accordance with the provisions of Article XVIII
of this act and of sections two thousand three hundred eighteen
and two thousand three hundred nineteen and such provisions of
Article XXVI of this act as establish additional requirements
for advertising for bids, for inspection of plans and
specifications by bidders, and for the dating and marking of
bids filed.
Section 2743. Procedure Where Property is Left Without
Outlet by Reason of Vacating of Part of Old Road.--Whenever, by
reason of the relocating, opening, widening, straightening or
extending of any road or any part thereof, any part of the road
involved becomes useless and is vacated, and the property of one
owner shall intervene between the new road and the lands of
another owner, having no outlet by reason of said relocation,
opening, extending, straightening and widening, it shall be the
duty of the said county commissioners to obtain from the owner
of said intervening property and the owner of the formerly
contiguous or adjoining land an agreement satisfactory to such
parties for providing an outlet for the said land. If the
parties shall not agree to the transfer of the properties so
intervening upon the new road, and any such lot or piece of
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land, in the opinion of the said county commissioners, be
insufficient for building purposes, it shall be taken and used
as part of said road or highway.
Section 2744. Parties Making Application for New Road to
Notify Local Road Authorities.--In all cases wherein any
proceedings are about to be had before the county commissioners
or court for the laying out, opening and construction of new
roads for public use, it shall be the duty of the parties making
application to the commissioners or to the court for the
appointment of viewers, reviewers or re-reviewers to lay out,
open or construct such road, to give written notice of such
application to the supervisors or commissioners of the territory
through which the proposed road is designated to be laid out and
constructed, of the time and place of such application, and the
time and place of the meeting of viewers, reviewers and re-
reviewers. A copy of said written notice, properly attested,
shall be filed among the records of the court having cognizance
of the matter. Failure to comply with the provisions of this
section as to such notice shall be sufficient grounds for an
application to set aside whatever proceedings may have been
taken of which said supervisors or commissioners had no written
notice.
Section 2745. Unlawful to Raise Road Above Ordinary Grade
Over Drain or Culvert.--In the construction or repair of any
road, it shall be unlawful for the person or persons in charge
of such construction or repair to raise such road or permit the
same to be raised or elevated above the ordinary grade thereof,
when a drain or culvert shall be constructed under such road or
when such road shall be constructed or repaired over such drain
or culvert.]
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Section 121. Sections 2750, 2753, 2756, 2757, 2758, 2759 and
2760 of the act are amended to read:
Section 2750. Vacation as County Roads.--Upon petition of
the county commissioners, the court of [quarter sessions] common
pleas may vacate as a county road any portions of any abandoned
or condemned [turnpike] road, or any portions of any [turnpike]
road purchased by the county, or of any road, the permanent
location or improvement whereof has been ordered or made under
this or former acts relating to county roads. All portions of
such roads so vacated shall become [and be township roads] 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 [supervisors or commissioners of
the township or townships] 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 [prayer] 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 [township] municipal corporation affected shall have
consented thereto by an ordinance or resolution certified to the
court.
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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.[,
except that the court of quarter sessions of each county shall
appoint three viewers and that a report as aforesaid shall be
made to each court respectively, and that each court shall
otherwise have and exercise concurrent jurisdiction therein.]
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 [municipality] municipal corporation
has failed to properly improve the municipal streets
constituting the shortest and most reasonable route through
[said municipality which] the municipal corporation that will
connect the two ends of such county road, the board of
commissioners may contract with the [corporate authorities of
the municipality that] governing body of the municipal
corporation to improve the shortest and most reasonable route
[through said municipality] connecting the two ends of such
highway [be improved].
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 [municipality]
municipal corporation has failed to properly improve, and the
commissioners of the county in which the [municipality]
municipal corporation is located deem the improvement of such
municipal street necessary in order to make such county road
easily accessible to [the residents of the municipality]
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residents or to the traveling public, the county commissioners
may contract with the [corporate officials of the municipality
that such municipal street or any part thereof be improved, and
also that there be improved, when necessary, any parts of the
streets connected therewith which connect said] governing body
of the municipal corporation to improve municipal streets,
including, where necessary, streets connecting a county road
with the business districts of [said municipality] 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 [said municipality] the municipal corporation.
(b) If several [municipalities] 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 [of such
municipalities] have failed to properly improve any municipal
street therein, and the county commissioners deem the
improvement of such street necessary in order to make such
county road easily accessible to [the residents of the
municipality] residents or to the traveling public, the board of
commissioners may enter into a similar contract with [the
corporate authorities of such municipality or municipalities]
any of the municipal governing bodies.
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 [two thousand seven hundred fifty-six and two
thousand seven hundred fifty-seven] 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 [municipality or
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municipalities] municipal corporations and the county. [The
contract for any such improvement may be taken by the county
upon the stipulation by any municipality to pay its
proportionate share of the cost, if any, upon the completion of
the work, or it may be taken by any municipality upon a like
stipulation of the county, or the improvement may be made by
joint contract.]
Section 2759. Maintenance.--Before any municipal street is
so improved, the board of commissioners and the [council of such
municipality] 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 [municipality] municipal corporation, in which
case, upon the completion of said improvement, all further
liability and responsibility of the county shall [cease and
determine] terminate, or it may provide that it shall be kept
and maintained in good repair by the county and the share of the
[municipality] municipal corporation shall be paid annually to
the county.
Section 2760. Contracts With [Borough, Township or
Incorporated Town] Municipal Corporations.--(a) The board of
commissioners may contract with the [authorities of any borough
or township or any incorporated town] 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 [borough, township or
incorporated town] municipal corporations and the county in such
ratio or proportions as may be agreed on in said contract or
contracts, irrespective of whether the [municipality] municipal
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corporation intervenes between two ends of the county road or
not, or whether [or not the municipality] 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.
Section 122. Sections 2761 and 2762 of the act are repealed:
[Section 2761. Payment.--Payment for the construction of
said road or roads shall be made by the county, which shall be
reimbursed by the borough, township or incorporated town in such
sums as agreed upon in said contract or contracts, upon
presentation to them, from time to time, of estimates and bills
for work already performed and paid for.
Section 2762. Repair and Maintenance.--Any such road,
constructed jointly, shall be repaired and maintained at the
expense of the county, but nothing shall prevent the authorities
of a borough, township or incorporated town from entering into a
contract or contracts with the county for the maintenance of
said improved road under such terms and conditions as may be
mutually satisfactory.]
Section 123. Section 2763 of the act is amended to read:
Section 2763. Where Center Line of Highway is Boundary
Between City or Borough and Township.--(a) Whenever the center
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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.
Section 124. Section 2764 of the act is repealed:
[Section 2764. Alteration or Improvement.--The said
alteration or improvement shall be constructed and subsequent
repairs shall be made under the supervision of the proper
authorities of the city or borough, in compliance with laws
governing the construction of such alterations or improvements
in said city or borough, and in further compliance with plans
and specifications to be agreed upon in writing between the said
city or borough and the board of commissioners of the county and
commissioners or supervisors of the township. The cost of
repairs shall be borne one-half by the city or borough and one-
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half by the township, or by the county and township in equal
portions or such other proportion as may be agreed upon by the
county and township.]
Section 125. Section 2765 of the act is amended to read:
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.
Section 126. Section 2766 of the act is repealed:
[Section 2766. Alteration, Improvement and Repairs.--Said
alteration or improvement shall be constructed and subsequent
repairs shall be made under the supervision of the authorities
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of the city or borough, in compliance with laws governing such
construction or improvement by such city or borough, and in
further compliance with plans and specifications to be agreed
upon in writing between such municipality and board of
commissioners of the county and the commissioners or supervisors
of the township. The cost of repairs shall be borne one-half by
the municipality and one-half by the township, or by the county
and township in equal portions or such other proportion as may
be agreed upon by the county and township.]
Section 127. Section 2767 of the act is amended to read:
Section 2767. Improvement on Order of Common Pleas.--(a) In
all cases in which it shall be found impossible to enter into
[such] 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 [the municipality] a municipal
corporation or the county [or township] may present its petition
to the court of common pleas of either county setting forth the
facts and circumstances, including the condition of the road
from which the necessity and desirability for the grading,
curbing, macadamizing or paving of the roadway appears, and the
estimated cost thereof, and that the terms of such contract
cannot be agreed upon by the [municipality and county or
township] municipal corporations and the county, or either or
any of them, or that either such [municipality or the county or
township] municipal corporations or the county or any of them
refuses to enter into such contract.
(b) The petition may [pray] request that the court, after
hearing all the parties concerned, make its order or decree
defining the nature and character of the improvement reasonably
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necessary or desirable to be made to the roadway, and requiring
the parties hereinabove specified to enter into a contract or
contracts for the making and constructing of the same as herein
provided for. A copy of said petition, duly certified, shall be
served upon the [municipality or county and township] 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
[municipality] 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 [municipality] 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
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be legal and proper. Thereupon, the grading, curbing,
macadamizing or paving of the roadway of such road shall proceed
in accordance with the decree or order of the said court in the
same manner as if the contract or agreement had been entered
into and duly executed.
Section 128. Section 2768 of the act is repealed:
[Section 2768. Guards or Barriers Along Township Roads.--
When a township road runs along the edge of a precipice along
which it may be necessary to erect guards or barriers for the
proper protection of the traveling public, and the erecting of
such guards or barriers requires more expense than it is
reasonable the township should bear, the court of quarter
sessions having jurisdiction shall, on the representation of the
supervisors or on the petition of any of the inhabitants of such
township, order a view. If, on the report of the viewers, it
shall appear to the court and to the commissioners of the county
that such guards and barriers are necessary and would be too
expensive for such township, the same shall be erected and
maintained by the county as county improvements. The county and
the township may contract to share the cost thereof jointly. The
provisions of this section shall apply to roads already opened
as well as those hereafter opened.]
Section 129. Sections 2769, 2770, 2775, 2776 and 2777 of the
act are amended to read:
Section 2769. Improvements of Roads Connecting With State
Highway.--The county may, singly, or jointly with any [city or
borough] 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 [city or
borough] municipal corporation, for the purpose of connecting
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improved streets in such [cities or boroughs] municipal
corporations with a State highway.
Section 2770. Purchase of Road [Machinery] Equipment;
Renting of Road [Machinery] Equipment to [Townships] Municipal
Corporations.--The county commissioners of any county may
purchase such [machinery] 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 [machinery] equipment may be rented by the
county commissioners to any of the [townships] municipal
corporations within such county applying for same, under such
regulations and at such rentals as the county commissioners
shall prescribe and fix. All [machinery] 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.
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 [Highways of the
Commonwealth] Transportation unless the written consent of the
Department of [Highways] Transportation has first been obtained,
or unless the county commissioners having jurisdiction over said
road shall, by resolution, declare such closing necessary for
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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) "Highways" as used in this act includes all public
thoroughfares and ways equally with the word "road", for
convenience of expression.]
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 [are hereby empowered to] 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.
Section 2777. Fines and Damages.--(a) Any person who shall
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[wilfully] willfully remove, deface, destroy or disregard any
barricade, light, danger sign, detour sign [or], warning or
traffic control device of any character whatsoever, erected or
placed under authority of section [two thousand seven hundred
seventy-five of this act] 2775, or who shall drive on, over or
across any road which had been closed by proper authority,
shall[, upon conviction thereof in a summary proceeding before a
magistrate, alderman or justice of the peace, be sentenced to
pay a fine of not less than twenty-five dollars ($25) nor more
than one hundred dollars ($100), and the cost of prosecution,
and in default of the payment thereof, shall be imprisoned one
day for each dollar of fine and costs unpaid] 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 [by the officer receiving the same to the
treasurer of the boroughs, towns or townships in which the
offenses shall have been committed] to the county treasurer for
the general fund use of the county.
Section 130. Sections 2781, 2782, 2783 and 2784 of the act
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are repealed:
[Section 2781. County Road Caretakers.--The persons
appointed by the board of commissioners to inspect and repair
roads improved and maintained as county roads shall be
designated county road caretakers. The caretakers shall have all
the power and authority now vested by law in the constables of
the several cities, boroughs and townships of this Commonwealth
to keep the peace in and along the county roads of such county,
and to enforce all laws regulating the speed of automobiles and
other vehicles thereon, and to enforce all rules or regulations
governing the use of such roads, and to make arrests therefor.
Section 2782. Caretakers Not Entitled to Fines or
Penalties.--No such caretaker shall be entitled to any portion
of any fine or penalty imposed upon any person or persons for
any violation of any act of Assembly or rule relating thereto,
but all such fines and penalties, when the proceeding is
initiated by such caretaker, shall belong to and be paid into
the county treasury for the benefit of the county.
Section 2783. Badge of Caretaker.--The board of
commissioners shall furnish each of said caretakers, as an
evidence of his authority, a badge having impressed thereon the
words "Police ..................................... County Road
Caretaker".
Section 2784. Rules for Protection of Road; Penalty for
Violation.--(a) For the purpose of preventing unreasonable wear
and destruction of public roads improved and maintained by the
county, the board of commissioners may adopt and prescribe
reasonable rules, regulating and restricting the use of said
roads within the county by any means of locomotion and prescribe
pecuniary penalties for the enforcement thereof. All such rules
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adopted by the board of commissioners shall, before becoming
operative, be published once a week for three weeks in two
newspapers of general circulation in the county to which the
rules apply, and be recorded in the office of the recorder of
deeds of said county.
(b) Any resident of the county within which the violation of
any rule so adopted shall occur may institute and prosecute to
judgment and execution an action of assumpsit, in any court
having jurisdiction of such actions and the amounts involved,
for the recovery of any penalty for the violation of any rule
prescribed by the board of commissioners, of which penalty the
plaintiff shall be entitled to one-half and the county shall be
entitled to the other half, payable to the county treasurer, who
shall add the same to the fund for the improvement of said
county roads.
(c) Any person violating any rule so adopted shall, upon
summary conviction, be sentenced to pay a fine of not less than
five dollars ($5) or more than one hundred dollars ($100),
payable to the county treasurer, who shall add the same to the
fund for the improvement of said county roads. From any judgment
obtained for said penalty and from said summary conviction an
appeal shall lie as provided by law.]
Section 131. Section 2785 of the act is amended to read:
Section 2785. Penalty for Destroying, Et Cetera, Index
Boards.--(a) It shall be unlawful for any person to [wilfully]
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
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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[, upon summary conviction, be sentenced to pay a fine of
not less than ten dollars ($10) nor more than twenty-five
dollars ($25) with all costs of prosecution, together with the
value of such sign so destroyed, removed or defaced. In default
of payment of said fine, costs and expenses, such person shall
undergo an imprisonment for a period of not less than five nor
more than sixty days.] 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.
Section 132. Nothing in this act shall be construed as
requiring a county to liquidate any investment, in whole or in
part, by disposing of securities or withdrawing funds on deposit
if the investment was lawfully authorized prior to the effective
date of this act.
Section 133. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to implement the amendment of
section 405 of the act of August 9, 1955 (P.L.323, No.130),
known as The County Code.
(2) Section 210(2) and (2.1) of the act of July 28, 1953
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(P.L.723, No.230), known as the Second Class County Code.
Section 134. This act shall take effect in 60 days.
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