Regular Session 2021-2022 Senate Bill 0831 P.N. 1030

PRINTER'S NO. 1030

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

831

Session of

2021

INTRODUCED BY DUSH, HUTCHINSON, J. WARD, SCHWANK AND KEARNEY,

AUGUST 17, 2021

REFERRED TO LOCAL GOVERNMENT, AUGUST 17, 2021

AN ACT

Amending Title 16 (Counties) of the Pennsylvania Consolidated

Statutes, consolidating the act of August 9, 1955 (P.L.323,

No.130), known as The County Code; and making a related

repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Part I heading of Title 16 of the Pennsylvania

Consolidated Statutes is amended to read:

PART I

PRELIMINARY PROVISIONS

[(Reserved)]

Section 2. Part I of Title 16 is amended by adding chapters

to read:

CHAPTER 1

GENERAL PROVISIONS

Sec.

101. Scope of title.

102. Applicability.

102.1. Definitions.

103. Excluded provisions.

104. Saving clause.

105. Holding of office.

106. Construction of references.

107. Constitutional construction.

108. Legislation according to class.

108.1. (Reserved).

§ 101. Scope of title.

This title relates to counties.

§ 102. Applicability.

Except for the following, this title does not apply to

counties of the first or second classes:

(1) Section 108 (relating to legislation according to

class).

(2) Sections 301 (relating to enumeration of counties),

310 (relating to counties divided into nine classes) and 311

(relating to ascertainment, certification and effect of

change of class).

(3) Subchapter B of Chapter 11 (relating to required

fiscal security for officers and employees).

(4) Part II (relating to counties of the first class).

(5) Part III (relating to counties of the second class).

(6) Chapter 139 (relating to coroner).

(7) Section 14301 (relating to district attorney,

qualifications, eligibility and compensation) or in section

17509 (relating to h otel room rental tax in second class and

second class A counties) .

(8) Chapter 171 (relating to Southwestern Pennsylvania

Regional Renaissance Initiative).

(9) Chapter 173 (relating to third class county

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convention center authorities).

§ 102.1. Definitions.

The following words and phrases when used in this title shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"County Code." The former act of August 9, 1955 (P.L.323,

No.130), known as The County Code.

"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, footpaths,

playgrounds, playfields, gymnasiums, public baths, swimming

pools, agricultural fairgrounds or other indoor or outdoor

recreation centers.

"Street." A street, road, lane, court, cul-de-sac, alley,

public way or public square.

§ 103. Excluded provisions.

This title does not include any provisions of, and may not be

construed to repeal:

(1) Article XIII.1 of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code.

(2) Except as otherwise provided in section 3903 of the

County Code, the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

(3) The act of August 24, 1951 (P.L.1304, No.315), known

as the Local Health Administration Law.

(4) Any law relating to the fees of county officers,

except any acts repealed by former Article XXXIX of the

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County Code.

(5) Except if expressly provided, any law relating to

the collection of municipal and tax claims.

(6) Any law relating to the assessment and valuation of

property and persons for taxation.

(7) Any law relating to the giving of county consent to

public utilities.

(8) Any law relating to State highways.

(9) Any law relating to the validation of elections,

bonds, resolutions and accounts of corporate officers.

(10) Any law relating to collections by county officers

of money for the Commonwealth, and the issuance of State

licenses.

(11) Any law relating to the government and regulation

of or commitment to jails, prisons and other correctional

institutions and maintenance and care of prisoners or inmates

in jails, prisons and other correctional institutions.

(12) Any law relating to civil and criminal procedure,

except special provisions concerning action.

(13) Any law relating to joint county and municipal

buildings and works.

(14) Any law relating to county libraries, except law

libraries.

(15) Any law relating to the recording of deeds,

mortgages or other instruments in writing.

(16) Any law relating to the rebinding, reindexing and

transcribing of records in county offices.

(17) Any temporary law.

(18) Any amendment or supplement of any of the laws

referred to in this section.

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(19) 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing).

(20) 66 Pa.C.S. Pt. I (relating to public utility code).

§ 104. Saving clause.

(a) Continuation.--This title, as far as the provisions of

this title are the same as the provisions of laws in existence

on January 1, 1956, shall be construed as a continuation of the

laws, and not as a new enactment. The repeal by the County Code

of any provisions of law, may not revive any law repealed or

superseded prior to January 1, 1956, nor affect the existence or

class of any county created prior to January 1, 1956. This title

may not affect any act done, liability incurred or right accrued

or vested, nor affect any suit or prosecution, pending or to be

instituted, to enforce any right or penalty or punish any

offense under the authority of the repealed laws.

(b) Local laws.--Each ordinance, resolution, regulation and

rule, made under an act repealed by the County Code, shall

continue with the same force and effect as if the act had not

been repealed. Each local act applying to particular counties,

not specifically repealed, shall continue in force, and any

provisions of this title inconsistent with local laws may not

apply to the counties affected by the local laws, unless the

application is clearly indicated.

counties, or to particular classes of counties, in force as of

January 1, 1956, and not repealed by the County Code, shall

remain in force in the same manner and with the same effect as

prior to the adoption of the County Code.

(d) Second Class County Code.--This title shall be

considered a continuation of the act of July 28, 1953 (P.L.723,

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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 former section 3901 of the

County Code may not be construed as modifying or repealing any

term of office, power, ordinance, rule or regulation of home

rule counties or counties of the second class A existing on

December 24, 2018.

§ 105. Holding of office.

An individual holding an elective office under the County

Code shall continue to hold the office until the expiration of

the individual's term, subject to the conditions and salary

attached to the office prior to October 24, 2018.

§ 106. Construction of references.

If reference is made to any act, the reference shall also

apply to and include any codifications in which the provisions

of the act referred to are substantially reenacted or to

reenactments, revisions or amendments of the act.

§ 107. Constitutional construction.

The provisions of this title shall be severable, and, if any

of its provisions are held to be unconstitutional, the decision

of the court may not affect the validity of the remaining

provisions of this title. It is declared as a legislative intent

that this title would have been adopted by the General Assembly

had the unconstitutional provisions not been included within

this title.

§ 108. Legislation according to class.

The affairs of counties shall be legislated for and regulated

by general laws, applicable to each county, or to particular

classes, as fixed and appointed by this title. Each law adopted

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by the General Assembly for one or more of the classes fixed and

appointed by this title shall be deemed to be general laws.

§ 108.1. (Reserved).

CHAPTER 3

NAMES AND CORPORATE POWERS

AND CLASSIFICATION OF COUNTIES

Subchapter

A. Division of Commonwealth into Counties and Corporate

Powers

B. Classification

SUBCHAPTER A

DIVISION OF COMMONWEALTH INTO

COUNTIES AND CORPORATE POWERS

Sec.

301. Enumeration of counties.

§ 301. Enumeration of counties.

The Commonwealth shall be divided into 67 named counties, as

now established by law. The counties shall be Adams, Allegheny,

Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks,

Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion,

Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin,

Delaware, Elk Erie, Fayette, Forest Franklin, Fulton, Greene,

Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster,

Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mercer,

Mifflin, Monroe, Montgomery, Montour, Northampton,

Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill,

Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango,

Warren, Washington, Wayne, Westmoreland, Wyoming and York.

SUBCHAPTER B

CLASSIFICATION

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Sec.

310. Counties divided into nine classes.

311. Ascertainment, certification and effect of change of

class.

§ 310. Counties divided into nine classes.

For the purposes of legislation and the regulation of a

county's affairs, counties of this Commonwealth, now in

existence and counties to be created, shall be divided into nine

classes as follows:

(1) First Class Counties, having a population of at

least 1,500,000 inhabitants.

(2) Second Class Counties, having a population of at

least 1,000,000 but less than 1,500,000 inhabitants.

(3) Second Class A Counties, having a population of at

least 500,000 but less than 1,000,000 inhabitants.

(4) The following shall apply:

(i) Third Class Counties, having a population of at

least 210,000 but less than 500,000 inhabitants.

(ii) After the results of a Federal decennial census

are published, a county of the third class having a

population of at least 500,000 inhabitants may elect not

to become a county of the second class A by enacting an

ordinance or adopting a resolution of the county

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.

(5) Fourth Class Counties, having a population of at

least 145,000 but less than 210,000 inhabitants.

(6) Fifth Class Counties, having a population of at

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least 90,000 but less than 145,000 inhabitants.

(7) Sixth Class Counties, having:

(i) a population of at least 45,000 but less than

90,000 inhabitants; and

(ii) having a population of at least 35,000 but less

than 45,000 inhabitants which by ordinance or resolution

of the county commissioners elect to be a county of the

sixth class.

(8) Seventh Class Counties, having:

(i) a population of at least 20,000 but less than

45,000 inhabitants; and

(ii) having a population of at least 35,000 but less

than 45,000 inhabitants which have not elected to be a

county of the sixth class.

(9) Eighth Class Counties, having a population of less

than 20,000 inhabitants.

§ 311. Ascertainment, certification and effect of change of

class.

(a) Ascertainment.--The classification of counties shall be

ascertained and fixed according to population by reference to

the Federal decennial census under this section, less the number

of individuals residing on lands that have been ceded to the

United States.

(b) Certification.--

(1) The Governor, under the great seal of this

Commonwealth, shall certify the following to the county

commissioners on or before October 1 of the year succeeding

the year in which the Federal decennial census was taken:

(i) that a Federal decennial census shows that a

county has attained a population entitling the county to

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an advance in classification; or

(ii) that the last two preceding Federal decennial

censuses show that a county has decreased in population

so as to recede in classification, as provided under this

section.

(2) The county commissioners shall forward the

certificate under paragraph (1) to the recorder of deeds, and

the certificate shall be recorded in the recorder's office.

local government is attended by certain expense and hardship and

the change should not be occasioned by a temporary fluctuation

in population. Therefore, it is the intent of this section that

the classification of a county may not be changed because its

population has decreased at the time of one Federal decennial

census, but rather only after the change is demonstrated by two

Federal decennial censuses that the population of a county has

remained below the minimum figure of its class for at least a

decade.

(d) Change in class.--

(1) Changes of class ascertained and certified shall

take effect on January 1 next following the year in which the

change was certified by the Governor to the county

commissioners, except that the salaries of county officers

may not be increased or decreased during the term for which

the county officers have been elected.

(2) In the municipal election following the

certification of change of class and preceding the effective

date of the change, the proper number of individuals shall be

elected to fill an elective office which will exist in the

county by the change of classification certified. An election

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may not be held for an office which will be abolished as a

result of a change of classification.

(e) Delayed 2020 Federal decennial census.--Unless the board

of commissioners of a county meeting the requisite county

population levels in section 310 enacts an ordinance or adopts a

resolution approving a change of classification prior to

February 22, 2022, as a result of the delays in the 2020 Federal

decennial census and the COVID-19 pandemic, the classification

of all counties as of the effective date of this subsection

shall remain unchanged until the 2030 census, at which time the

procedures established in subsections (a), (b), (c) and (d)

shall apply. For the purposes of determining whether a county

has decreased in population so as to recede in classification

under subsections (b) and (c) following the 2030 decennial

census, both the 2020 and 2030 decennial censuses shall be

considered.

CHAPTER 5

FIXING AND RELOCATING LINES AND BOUNDARIES

Sec.

501. Petition to Commonwealth Court.

502. Commonwealth Court designation of neutral court and

appointment of commission.

503. Compensation, assistants and expenses.

504. Oath, organization and duties.

505. Authority to fix undetermined county line.

506. Report of boundary commission, approval by court and

certification of line.

§ 501. Petition to Commonwealth Court.

(a) Boundary lines.--The boundary line between two or more

adjoining counties may be determined, surveyed, established or

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marked as provided under this title.

(b) Petition.--The process under subsection (a) shall be

instituted on petition of a taxpayer, the county commissioners

or the governing body of a political subdivision of any of the

counties involved.

§ 502. Commonwealth Court designation of neutral court and

appointment of commission.

(a) Designation.--The court, upon the filing of the

petition, shall designate a court of a county not affected by

the question and not adjoining any of the counties involved to

act in the proceeding. The designated court shall sit in the

court's home county.

(b) Appointment.--If the designated court determines that

the county line, or any part of the county line, shall be

surveyed or marked, the court shall appoint a boundary

commission, composed of three surveyors or professional

engineers licensed or registered in accordance with the act of

May 23, 1945 (P.L.913, No.367), known as the Engineer, Land

Surveyor and Geologist Registration Law, to act for the court.

§ 503. Compensation, assistants and expenses.

(a) Compensation.--The surveyors or professional engineers

composing the boundary commission under section 502 shall each

receive compensation fixed by the court for the time necessarily

spent in the discharge of the duties and shall be reimbursed the

necessary expenses incurred while engaged with the work of the

commission.

(b) Assistants.--The boundary commission may employ

assistants as the court allows, at compensation fixed by the

court. An assistant shall be reimbursed for actual necessary

expenses incurred while employed by the commission.

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of advertising the meeting of the boundary commission under this

chapter, and in procuring and setting the permanent monuments

necessary to mark the county line, the expenses of the boundary

commission and the commission's assistants and each other

expense necessarily incurred shall be paid by the interested

counties jointly, in equal parts, or by each party to the

proceeding as directed by the court, upon presentation of

properly itemized bills, duly verified by affidavit of the

person claiming payment or someone on the person's behalf.

§ 504. Oath, organization and duties.

(a) Oath.--The members of the boundary commission shall take

and subscribe the oath under 53 Pa.C.S. § 1141 (relating to form

of oaths of office) prior to assuming duties with the

commission.

(b) Organization.--The boundary commission shall:

(1) Meet and organize within two weeks of the

appointment.

(2) Select from the commission's membership a

chairperson and a secretary who shall keep a full record of

the proceedings and work of the commission.

(3) Advertise in not more than two newspapers published

in each of the affected counties, a time and place of meeting

and when and where parties shall be heard.

(4) Without unreasonable delay after the hearing,

ascertain the location and survey and mark with permanent

monuments the existing county line between the counties.

§ 505. Authority to fix undetermined county line.

(a) Recommendations.--If the boundary commission cannot

determine, ascertain or locate the existing county line, the

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commission shall report to the court of common pleas, with a

recommendation that a new county line be established in whole or

in part.

(b) Establishing new lines.--If the court deems

establishment of a new line necessary, the court shall direct

the boundary commission to fix and determine a new county line,

to mark the new county line with permanent monuments and to

prepare a report in accordance with section 506 (relating to

report of boundary commission, approval by court and

certification of line).

§ 506. Report of boundary commission, approval by court and

certification of line.

(a) Report.--The boundary commission shall prepare a written

report containing a map or draft showing the courses and

distances of the line ascertained and designated by the

commission as the existing county line, or if the commission has

been directed to fix and determine a new county line, the map or

draft shall instead show the courses and distances of the new

county line. A map or draft under this subsection shall show the

lands through which the line passes and the buildings in close

proximity, together with the roads and streams crossed by or

near to the line.

(b) Filing.--The report and map, signed by a majority of the

members of the boundary commission, shall be filed in the court

of common pleas having been given jurisdiction and, if approved

by the court, shall be recorded in the records of the court of

common pleas having been given jurisdiction.

commission to the affected counties and to the owners of each

land that will be affected by the proposed change of the date

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the report containing the recommendation of the boundary

commission will be considered by the court.

(d) Recording.--A copy of the report and approval shall be

certified by the prothonotary to the prothonotary of each county

affected, where the report and approval shall be recorded in the

records. The line ascertained, surveyed, fixed and marked shall,

as of the date of the certification, be the boundary line

between the counties.

(e) Approval.--The prothonotary, having determined the

matter, shall certify the approval of the court on two copies of

the report and map filed in the prothonotary's office and shall,

within 30 days, transmit a copy by mail to the:

(1) Secretary of Community and Economic Development;

(2) Secretary of Conservation and Natural Resources; and

(3) Secretary of Transportation.

CHAPTER 11

GENERAL PROVISIONS

SUBCHAPTER A

(Reserved)

SUBCHAPTER B

REQUIRED FISCAL SECURITY FOR OFFICERS AND EMPLOYEES

Sec.

1121. Short title and scope of subchapter.

1122. Definitions.

1123. Required security.

1124. Official security and officers.

1125. Other county officers and employees.

1126. County officers and employees acting as agents.

1127. Bonds or blanket bond as security coverage.

1128. Insurance as security coverage.

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1129. Form of required security.

1130. Amount of coverage.

1131. Custody and filing of required security documents.

1132. Payment of premiums and commissions on collections.

1133. Other requirements, references and approvals.

§ 1121. Short title and scope of subchapter.

(a) Short title of subchapter.--This subchapter shall be

known and may be cited as the County Officer and Employee Fiscal

Security Act.

(b) Scope of subchapter.--This subchapter applies to

security coverage and additional coverage in the form of bonds,

blanket bond or insurance, protecting against events of loss of

money or property as a result of misconduct by officers and

employees in counties of the second class, second class A, third

class, fourth class, fifth class, sixth class, seventh class or

eighth class, including counties of these classes which have

adopted a home rule charter or an optional plan.

bonds of county treasurers acting as tax collectors as provided

in section 4 of the act of May 25, 1945 (P.L.1050, No.394),

known as the Local Tax Collection Law.

§ 1122. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Additional coverage." Insurance that covers each county at

a minimum for the loss of money or property through robbery,

burglary and larceny committed by parties other than officers or

employees required to receive or hold money.

"Blanket bond." Security coverage in the form of a bond for

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county officers and employees as follows:

(1) for county officers and employees as a comprehensive

group;

(2) for a group of named county officers and employees;

(3) for county officers and employees in scheduled

positions.

"Bond." Security coverage under which a surety guarantees

the performance of a duty by a county officer or employee in

compliance with this subchapter.

"County." A county of the second class, second class A,

third class, fourth class, fifth class, sixth class, seventh

class or eighth class, including counties of these classes which

have adopted or may adopt a home rule charter or an optional

plan.

"County officers and employees." Elected and appointed

county officials, deputies and other appointees of county

elected and appointed officials and county employees, whether

acting on behalf of the county or as agents of a Commonwealth

agency or a governing authority, who are required to receive,

account for or hold any money or property by virtue of their

office or employment.

"Crime-fidelity insurance." Insurance that is endorsed with

faithful performance of duty coverage and which insures, at a

minimum, against events of loss of money or other property

resulting from one or more fraudulent or dishonest acts,

including, but not limited to, embezzlement, theft, forgery,

similar acts of dishonesty or fraud by a county officer or

employee acting alone or in collusion with others, or from a

breach of fiduciary duty or a failure of a county officer or

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employee to perform faithfully the officer's or employee's

duties or to account properly for all money and property

received or held by virtue of the officer's or employee's office

or employment.

"Governing authority." Includes:

(1) The Supreme Court.

(2) Any agency or unit of the unified judicial system

exercising a power or performing a duty under 42 Pa.C.S. §

1721 (relating to delegation of powers).

"Governing body." The county board of commissioners or the

body vested with the legislative authority of the county in

counties which have adopted a home rule charter or an optional

plan.

"Home rule charter." A charter adopted under 53 Pa.C.S. Pt.

III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law, or Article XXXI-C of the act of July 28, 1953

(P.L.723, No.230), known as the Second Class County Code.

"Money." Coin or currency of the United States or of any

other country, travelers checks, personal checks, bank checks

and bank notes in current use and having a face value, money

orders and securities.

"Official security." Security on behalf of a county officer

to provide protection from events of loss or misconduct when the

officer fails to faithfully perform the duties of the office.

"Optional plan." An optional plan adopted under 53 Pa.C.S.

Pt. III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

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Plans Law.

"Required security." Security coverage and additional

coverage provided in compliance with this subchapter.

"Securities." All negotiable and nonnegotiable instruments

or contracts representing either money or other property,

including revenue and other stamps in current use, tokens and

tickets and evidences of debt issued in connection with credit

or charge cards, which cards are not issued by the county.

"Security coverage." A bond, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, provided in compliance with this

subchapter for the purpose of protecting against the loss of

money and other property sustained as a result of one or more

fraudulent or dishonest acts, including, but not limited to,

embezzlement, theft, forgery, similar acts of dishonesty or

fraud by a county officer or employee acting alone or in

collusion with others, or from a breach of fiduciary duty or a

failure of a county officer or employee to perform faithfully

the officer's or employee's duties or to account properly for

all money and property received by virtue of the officer's or

employee's position or employment.

§ 1123. Required security.

(a) In general.--A county shall obtain security coverage and

additional coverage for county officers and employees in

accordance with this subchapter.

(b) Security coverage.--Security coverage shall be provided

in accordance with the following:

(1) Section 1124 (relating to official security and

officers).

(2) Section 1125 (relating to other county officers and

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employees).

(3) Section 1126 (relating to county officers and

employees acting as agents).

security coverage to be provided in accordance with this

subchapter, the county shall obtain additional coverage in the

form of adequate insurance indemnifying it against the loss of

money and property through robbery, burglary and larceny by

parties other than those required to obtain security in

accordance with this chapter.

(d) Primary liability.--

(1) Except as provided in paragraph (2), the county

shall be primarily liable for a claim for the loss of money

and property which a county officer or employee is required

to receive, account for or hold by virtue of the officer's or

employee's office or employment, to the extent that the loss

is or could have been the subject of required security under

this subchapter.

(2) The county shall not be primarily liable for a claim

for the loss of money and property under paragraph (1) to the

extent that recovery of the loss can be obtained from other

insurance or bond protection provided by the Commonwealth

agency or any other person or entity asserting a claim.

(3) With regard to the loss of money or property,

nothing in this subchapter shall be deemed to restrict or

diminish a county's right to reimbursement or subrogation or

to limit any right the county may have to be indemnified or

receive restitution for the loss.

§ 1124. Official security and officers.

(a) Official security.--Each county shall obtain official

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security in the form of bonds, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, that protects the county from

losses caused by acts of the officers set forth in subsection

(b) or the equivalent officers in home rule or optional plan

counties, whether elected, appointed or appointed to fill a

vacancy, before those officers begin their official duties.

(b) Officers.--The following are the officers or equivalent

officers in home rule or optional plan counties upon whose

behalf official security shall be obtained in accordance with

subsection (a):

(1) Each county commissioner.

(2) The chief clerk of the county commissioners.

(3) The controller.

(4) The county treasurer.

(5) The prothonotary of the court of common pleas.

(6) The sheriff.

(7) The coroner.

(8) The clerk of the courts of the court of common

pleas.

(9) The clerk of the orphans' court division of the

court of common pleas.

(10) The recorder of deeds.

(11) The register of wills.

(12) Probation and parole officers, if required by order

of court to obtain official security.

(13) The fire marshal and deputy fire marshals, if

required by law to obtain official security.

(14) The secretary of the board of health and the health

officer in a county in which the secretary is required by law

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to obtain official security.

§ 1125. Other county officers and employees.

A county shall obtain security coverage with faithful

performance of duty coverage for all county officers and

employees who are not subject to section 1124 (relating to

official security and officers), including deputies and other

appointees in each county office, who are required to receive,

account for or hold any money and other property by virtue of

their office or employment.

§ 1126. County officers and employees acting as agents.

Each county shall obtain security coverage for county

officers and employees acting as agents of a Commonwealth agency

or governing authority in accordance with this subchapter or any

other law, regulation or rule requiring the posting of security

in the form of a bond or otherwise.

§ 1127. Bonds or blanket bond as security coverage.

(a) In general.--A county may comply with section 1123(b)

(relating to required security) by providing bonds or a blanket

bond in accordance with the following:

(1) The bond or blanket bond shall be joint and several,

with one or more surety companies authorized to do business

in this Commonwealth and licensed by the Insurance

Commissioner.

(2) The bond or blanket bond shall be conditioned upon

each of the following:

(i) The faithful performance of all duties required

of the person holding the office or position.

(ii) The just and faithful use, accounting or

payment over, according to law, of all moneys and

balances and other property, which are received or held

20210SB0831PN1030 - 22 -

by the officer or employee by virtue of the officer's or

employee's office or employment whether on behalf of the

county, the Commonwealth, a political subdivision or any

other person.

(iii) The delivery to the successor in office of all

books, papers, documents or other official things, whole,

safe and undefaced, held in right of the office.

(3) A bond or blanket bond shall be taken in the name of

the county and, in case of a breach of any of the conditions

thereof by the acts or neglect of a principal on the bond,

shall be for the use of the county, the Commonwealth, a

political subdivision or any other person as that person's

interest shall otherwise appear.

(4) The county, the Commonwealth, a political

subdivision or other listed obligees or insureds, as the case

may be, may sue upon the bond in its name or for its own use.

Acts of the General Assembly pertaining to actions and

limitations of actions upon official bonds given to the

Commonwealth shall apply to the bonds provided for in this

subchapter just as if they were given to the Commonwealth,

except as otherwise specifically provided in this subchapter.

(b) Combined offices.--In counties in which one or more of

the county offices set forth in section 1124(b) (relating to

official security and officers) are combined, if officers are

covered by individual bonds, a single bond covering the combined

offices shall suffice for the officer holding the combined

offices.

§ 1128. Insurance as security coverage.

A county may comply with section 1123(b) (relating to

required security) by providing crime-fidelity insurance for

20210SB0831PN1030 - 23 -

county officers or employees in accordance with this subchapter.

§ 1129. Form of required security.

The form and contents of a bond, a blanket bond or insurance

obtained in compliance with this subchapter shall be approved by

the governing body of the county, after review by the county

solicitor and consultation with the county risk manager, if any.

In cases in which required security is being provided for a

county officer or employee who is acting as an agent for a

Commonwealth agency or the governing authority, the Commonwealth

agency or the governing authority may review and comment on the

form of the required security. The governing body may refer to

sample forms that may be made available by the Department of

State in the approval process.

§ 1130. Amount of coverage.

(a) Governing body.--The governing body shall establish a

procedure pursuant to which the governing body shall annually

determine the form and amount of required security that will be

reasonably sufficient to protect against the risks of loss in

compliance with this subchapter.

(b) Risk manager.--The governing body may appoint a risk

manager who, at the request of the governing body, shall compile

and submit information relevant to the determination of an

amount of required security under subsection (a).

county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, the governing body

may, or the risk manager shall, if directed by the governing

body, provide written notice to the secretary or head of the

Commonwealth agency or the governing authority. The Commonwealth

agency or governing authority may provide input concerning the

20210SB0831PN1030 - 24 -

amount of security it believes is reasonably sufficient to

protect against the risks of loss required to comply with this

subchapter. Nothing in this subchapter shall impair the right of

a Commonwealth agency or governing authority from approving the

amount of required security, if it is explicitly authorized by

law to approve the amount of a bond or other security of a

county officer or employee acting as its agent.

§ 1131. Custody and filing of required security documents.

(a) Custody.--The governing body shall direct the chief

clerk or equivalent officer in a home rule or optional plan

county to present the documents evidencing required security

obtained in accordance with this subchapter to the recorder of

deeds or equivalent officer in a home rule or optional plan

county for recording. No tax, fee or other charge shall be

imposed for the recording of documents in compliance with this

section. Following the recording, the documents shall be

returned to the chief clerk or equivalent officer in a home rule

or optional plan county, who shall maintain the custody of these

documents on behalf of the governing body.

(b) Department of State filing.--

(1) In compliance with section 809 of the act of April

9, 1929 (P.L.177, No.175), known as The Administrative Code

of 1929, it shall be sufficient for a copy of the recorded

documents evidencing the required security for county

officers to be filed with the Department of State in

accordance with deadlines established by the department.

(2) No other filing or approvals, except as provided in

section 1133(c)(2) (relating to other requirements,

references and approvals) of documents evidencing the

required security for county officers, except that required

20210SB0831PN1030 - 25 -

in accordance with paragraph (1), shall be required as a

condition for the issuance of commissions to elected county

officials by the Department of State.

(3) Notwithstanding the provision of any other law, no

tax, fee or other charge shall be imposed as a result of the

issuance of commissions to elected county officials, and no

fee may be imposed for the recording of required security

documents or commissions.

governing authority on whose behalf a county officer or employee

is acting as an agent, a copy of recorded documents evidencing

the required security shall be provided by the chief clerk or

the equivalent officer in a home rule or optional plan county to

the Commonwealth agency or governing authority. No charge or fee

shall be imposed for any copy provided in accordance with this

subsection.

(d) Filing by governing body.--The governing body shall have

the duty to file documents as required by this section.

(e) Retention of documents.--Documents evidencing required

security shall be held by the custodian thereof for the longer

of the following periods:

(1) For at least one year after the officer's term of

office or employee's period of employment and, in the case of

a county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, for at least one

year after the settlement of accounts with the Commonwealth

agency or the governing authority.

(2) For the period of time required by the act of August

14, 1963 (P.L.839, No.407), entitled "An act creating a

county records committee; imposing powers and duties upon it;

20210SB0831PN1030 - 26 -

authorizing the Pennsylvania Historical and Museum Commission

to assist and cooperate with it; defining county records; and

authorizing the disposition of certain county records by

county officers in counties of the second to eighth class,"

or the rules and regulations adopted pursuant thereto.

(f) Evidence.--A copy of original documents evidencing

required security, certified as true and correct by the

custodian thereof, or a copy of the recorded documents

evidencing required security, certified as true and correct by

the recorder of deeds, shall be competent evidence thereof in

any judicial proceeding, in the same manner as the original

would be if produced and offered in evidence.

(g) Sufficiency of filing and recording.--Notwithstanding

any other provision of law, it shall be sufficient to file and

record documents evidencing required security in accordance with

this subchapter without further acknowledgment, filing or

recording of these documents with any other county officer or

with any other Commonwealth agency, except as required by this

subchapter.

§ 1132. Payment of premiums and commissions on collections.

(a) Premiums and costs.--The premiums and costs for all

forms of required security for county officials and employees

shall be paid by the county. The requirement of this subchapter

that a county acquire and pay the premiums and costs for

required security shall not relieve a Commonwealth agency on

whose behalf a county officer or employee is acting as an agent

from an obligation, imposed by law, to procure insurance or

bonding protection.

(b) Commissions on collections.--Nothing in this subchapter

shall affect the right, provided for in any other law, of a

20210SB0831PN1030 - 27 -

county officer or employee to retain a commission, for use of

the county, on amounts collected or transmitted as agent for a

Commonwealth agency. Notwithstanding the right to retain

commissions in accordance with this paragraph, no county officer

or employee shall be entitled to retain any additional sums from

amounts collected for or to be transmitted to the Commonwealth

agency for the purpose of paying premiums or costs related to

the acquisition of required security.

§ 1133. Other requirements, references and approvals.

(a) Compliance.--A requirement in another law, regulation or

rule that a bond be provided by a county officer or employee to

secure the faithful performance of duty or to act as the agent

of a Commonwealth agency or governing authority may be satisfied

by including this obligation within the coverage of required

security supplied in accordance with this subchapter.

(b) Reference to bonds.--Reference to bonds of county

officers and employees in any other law shall be construed and

read together with this subchapter, and if a conflict exists

between this subchapter and the reference to bonds of county

officers and employees in any other law, the provisions of this

subchapter shall prevail.

law, the following shall apply to required security in the form

of a bond, a blanket bond or insurance:

(1) Except as provided in paragraph (2), when required

security is obtained in compliance with this subchapter, it

shall not require the approval of any Commonwealth agency or

the Governor as to form, content or amount.

(2) If any other law explicitly authorizes a

Commonwealth agency or the Governor to approve the amount of

20210SB0831PN1030 - 28 -

a bond or other security of a county officer or employee, the

amount of required security under this subchapter shall be

subject to approval by the Commonwealth agency or the

Governor, which approval shall not be unreasonably withheld.

Section 3. Parts II and III of Title 16 are repealed:

[PART II

CREATION, ALTERATION AND FUNCTIONS

(Reserved)

PART III

GOVERNMENT AND ADMINISTRATION

Subpart

A. General Provisions

SUBPART A

GENERAL PROVISIONS

Chapter

11. General Provisions

CHAPTER 11

GENERAL PROVISIONS

Subchapter

A. (Reserved)

B. Required Fiscal Security for Officers and Employees

SUBCHAPTER A

(Reserved)

SUBCHAPTER B

REQUIRED FISCAL SECURITY FOR OFFICERS AND EMPLOYEES

Sec.

1121. Short title and scope of subchapter.

1122. Definitions.

1123. Required security.

1124. Official security and officers.

20210SB0831PN1030 - 29 -

1125. Other county officers and employees.

1126. County officers and employees acting as agents.

1127. Bonds or blanket bond as security coverage.

1128. Insurance as security coverage.

1129. Form of required security.

1130. Amount of coverage.

1131. Custody and filing of required security documents.

1132. Payment of premiums and commissions on collections.

1133. Other requirements, references and approvals.

§ 1121. Short title and scope of subchapter.

(a) Short title of subchapter.--This subchapter shall be

known and may be cited as the County Officer and Employee Fiscal

Security Act.

(b) Scope of subchapter.--This subchapter applies to

security coverage and additional coverage in the form of bonds,

blanket bond or insurance, protecting against events of loss of

money or property as a result of misconduct by officers and

employees in counties of the second class, second class A, third

class, fourth class, fifth class, sixth class, seventh class or

eighth class, including counties of these classes which have

adopted a home rule charter or an optional plan.

bonds of county treasurers acting as tax collectors as provided

in section 4 of the act of May 25, 1945 (P.L.1050, No.394),

known as the Local Tax Collection Law.

§ 1122. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Additional coverage." Insurance that covers each county at

20210SB0831PN1030 - 30 -

a minimum for the loss of money or property through robbery,

burglary and larceny committed by parties other than officers or

employees required to receive or hold money.

"Blanket bond." Security coverage in the form of a bond for

county officers and employees as follows:

(1) for county officers and employees as a comprehensive

group;

(2) for a group of named county officers and employees;

(3) for county officers and employees in scheduled

positions.

"Bond." Security coverage under which a surety guarantees

the performance of a duty by a county officer or employee in

compliance with this subchapter.

"County." A county of the second class, second class A,

third class, fourth class, fifth class, sixth class, seventh

class or eighth class, including counties of these classes which

have adopted or may adopt a home rule charter or an optional

plan.

"County officers and employees." Elected and appointed

county officials, deputies and other appointees of county

elected and appointed officials and county employees, whether

acting on behalf of the county or as agents of a Commonwealth

agency or a governing authority, who are required to receive,

account for or hold any money or property by virtue of their

office or employment.

"Crime-fidelity insurance." Insurance that is endorsed with

faithful performance of duty coverage and which insures, at a

minimum, against events of loss of money or other property

resulting from one or more fraudulent or dishonest acts,

20210SB0831PN1030 - 31 -

including, but not limited to, embezzlement, theft, forgery,

similar acts of dishonesty or fraud by a county officer or

employee acting alone or in collusion with others, or from a

breach of fiduciary duty or a failure of a county officer or

employee to perform faithfully the officer's or employee's

duties or to account properly for all money and property

received or held by virtue of the officer's or employee's office

or employment.

"Governing authority." Includes:

(1) The Supreme Court.

(2) Any agency or unit of the unified judicial system

exercising a power or performing a duty under 42 Pa.C.S. §

1721 (relating to delegation of powers).

"Governing body." The county board of commissioners or the

body vested with the legislative authority of the county in

counties which have adopted a home rule charter or an optional

plan.

"Home rule charter." A charter adopted under 53 Pa.C.S. Pt.

III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law, or Article XXXI-C of the act of July 28, 1953

(P.L.723, No.230), known as the Second Class County Code.

"Money." Coin or currency of the United States or of any

other country, travelers checks, personal checks, bank checks

and bank notes in current use and having a face value, money

orders and securities.

"Official security." Security on behalf of a county officer

to provide protection from events of loss or misconduct when the

officer fails to faithfully perform the duties of the office.

20210SB0831PN1030 - 32 -

"Optional plan." An optional plan adopted under 53 Pa.C.S.

Pt. III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law.

"Required security." Security coverage and additional

coverage provided in compliance with this subchapter.

"Securities." All negotiable and nonnegotiable instruments

or contracts representing either money or other property,

including revenue and other stamps in current use, tokens and

tickets and evidences of debt issued in connection with credit

or charge cards, which cards are not issued by the county.

"Security coverage." A bond, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, provided in compliance with this

subchapter for the purpose of protecting against the loss of

money and other property sustained as a result of one or more

fraudulent or dishonest acts, including, but not limited to,

embezzlement, theft, forgery, similar acts of dishonesty or

fraud by a county officer or employee acting alone or in

collusion with others, or from a breach of fiduciary duty or a

failure of a county officer or employee to perform faithfully

the officer's or employee's duties or to account properly for

all money and property received by virtue of the officer's or

employee's position or employment.

§ 1123. Required security.

(a) In general.--A county shall obtain security coverage and

additional coverage for county officers and employees in

accordance with this subchapter.

(b) Security coverage.--Security coverage shall be provided

20210SB0831PN1030 - 33 -

in accordance with the following:

(1) Section 1124 (relating to official security and

officers).

(2) Section 1125 (relating to other county officers and

employees).

(3) Section 1126 (relating to county officers and

employees acting as agents).

security coverage to be provided in accordance with this

subchapter, the county shall obtain additional coverage in the

form of adequate insurance indemnifying it against the loss of

money and property through robbery, burglary and larceny by

parties other than those required to obtain security in

accordance with this chapter.

(d) Primary liability.--

(1) Except as provided in paragraph (2), the county

shall be primarily liable for a claim for the loss of money

and property which a county officer or employee is required

to receive, account for or hold by virtue of the officer's or

employee's office or employment, to the extent that the loss

is or could have been the subject of required security under

this subchapter.

(2) The county shall not be primarily liable for a claim

for the loss of money and property under paragraph (1) to the

extent that recovery of the loss can be obtained from other

insurance or bond protection provided by the Commonwealth

agency or any other person or entity asserting a claim.

(3) With regard to the loss of money or property,

nothing in this subchapter shall be deemed to restrict or

diminish a county's right to reimbursement or subrogation or

20210SB0831PN1030 - 34 -

to limit any right the county may have to be indemnified or

receive restitution for the loss.

§ 1124. Official security and officers.

(a) Official security.--Each county shall obtain official

security in the form of bonds, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, that protects the county from

losses caused by acts of the officers set forth in subsection

(b) or the equivalent officers in home rule or optional plan

counties, whether elected, appointed or appointed to fill a

vacancy, before those officers begin their official duties.

(b) Officers.--The following are the officers or equivalent

officers in home rule or optional plan counties upon whose

behalf official security shall be obtained in accordance with

subsection (a):

(1) Each county commissioner.

(2) The chief clerk of the county commissioners.

(3) The controller.

(4) The county treasurer.

(5) The prothonotary of the court of common pleas.

(6) The sheriff.

(7) The coroner.

(8) The clerk of the courts of the court of common

pleas.

(9) The clerk of the orphans' court division of the

court of common pleas.

(10) The recorder of deeds.

(11) The register of wills.

(12) Probation and parole officers, if required by order

of court to obtain official security.

20210SB0831PN1030 - 35 -

(13) The fire marshal and deputy fire marshals, if

required by law to obtain official security.

(14) The secretary of the board of health and the health

officer in a county in which the secretary is required by law

to obtain official security.

§ 1125. Other county officers and employees.

A county shall obtain security coverage with faithful

performance of duty coverage for all county officers and

employees who are not subject to section 1124 (relating to

official security and officers), including deputies and other

appointees in each county office, who are required to receive,

account for or hold any money and other property by virtue of

their office or employment.

§ 1126. County officers and employees acting as agents.

Each county shall obtain security coverage for county

officers and employees acting as agents of a Commonwealth agency

or governing authority in accordance with this subchapter or any

other law, regulation or rule requiring the posting of security

in the form of a bond or otherwise.

§ 1127. Bonds or blanket bond as security coverage.

(a) In general.--A county may comply with section 1123(b)

(relating to required security) by providing bonds or a blanket

bond in accordance with the following:

(1) The bond or blanket bond shall be joint and several,

with one or more surety companies authorized to do business

in this Commonwealth and licensed by the Insurance

Commissioner.

(2) The bond or blanket bond shall be conditioned upon

each of the following:

(i) The faithful performance of all duties required

20210SB0831PN1030 - 36 -

of the person holding the office or position.

(ii) The just and faithful use, accounting or

payment over, according to law, of all moneys and

balances and other property, which are received or held

by the officer or employee by virtue of the officer's or

employee's office or employment whether on behalf of the

county, the Commonwealth, a political subdivision or any

other person.

(iii) The delivery to the successor in office of all

books, papers, documents or other official things, whole,

safe and undefaced, held in right of the office.

(3) A bond or blanket bond shall be taken in the name of

the county and, in case of a breach of any of the conditions

thereof by the acts or neglect of a principal on the bond,

shall be for the use of the county, the Commonwealth, a

political subdivision or any other person as that person's

interest shall otherwise appear.

(4) The county, the Commonwealth, a political

subdivision or other listed obligees or insureds, as the case

may be, may sue upon the bond in its name or for its own use.

Acts of the General Assembly pertaining to actions and

limitations of actions upon official bonds given to the

Commonwealth shall apply to the bonds provided for in this

subchapter just as if they were given to the Commonwealth,

except as otherwise specifically provided in this subchapter.

(b) Combined offices.--In counties in which one or more of

the county offices set forth in section 1124(b) (relating to

official security and officers) are combined, if officers are

covered by individual bonds, a single bond covering the combined

offices shall suffice for the officer holding the combined

20210SB0831PN1030 - 37 -

offices.

§ 1128. Insurance as security coverage.

A county may comply with section 1123(b) (relating to

required security) by providing crime-fidelity insurance for

county officers or employees in accordance with this subchapter.

§ 1129. Form of required security.

The form and contents of a bond, a blanket bond or insurance

obtained in compliance with this subchapter shall be approved by

the governing body of the county, after review by the county

solicitor and consultation with the county risk manager, if any.

In cases in which required security is being provided for a

county officer or employee who is acting as an agent for a

Commonwealth agency or the governing authority, the Commonwealth

agency or the governing authority may review and comment on the

form of the required security. The governing body may refer to

sample forms that may be made available by the Department of

State in the approval process.

§ 1130. Amount of coverage.

(a) Governing body.--The governing body shall establish a

procedure pursuant to which the governing body shall annually

determine the form and amount of required security that will be

reasonably sufficient to protect against the risks of loss in

compliance with this subchapter.

(b) Risk manager.--The governing body may appoint a risk

manager who, at the request of the governing body, shall compile

and submit information relevant to the determination of an

amount of required security under subsection (a).

county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, the governing body

20210SB0831PN1030 - 38 -

may, or the risk manager shall, if directed by the governing

body, provide written notice to the secretary or head of the

Commonwealth agency or the governing authority. The Commonwealth

agency or governing authority may provide input concerning the

amount of security it believes is reasonably sufficient to

protect against the risks of loss required to comply with this

subchapter. Nothing in this subchapter shall impair the right of

a Commonwealth agency or governing authority from approving the

amount of required security, if it is explicitly authorized by

law to approve the amount of a bond or other security of a

county officer or employee acting as its agent.

§ 1131. Custody and filing of required security documents.

(a) Custody.--The governing body shall direct the chief

clerk or equivalent officer in a home rule or optional plan

county to present the documents evidencing required security

obtained in accordance with this subchapter to the recorder of

deeds or equivalent officer in a home rule or optional plan

county for recording. No tax, fee or other charge shall be

imposed for the recording of documents in compliance with this

section. Following the recording, the documents shall be

returned to the chief clerk or equivalent officer in a home rule

or optional plan county, who shall maintain the custody of these

documents on behalf of the governing body.

(b) Department of State filing.--

(1) In compliance with section 809 of the act of April

9, 1929 (P.L.177, No.175), known as The Administrative Code

of 1929, it shall be sufficient for a copy of the recorded

documents evidencing the required security for county

officers to be filed with the Department of State in

accordance with deadlines established by the department.

20210SB0831PN1030 - 39 -

(2) No other filing or approvals, except as provided in

section 1133(c)(2) (relating to other requirements,

references and approvals) of documents evidencing the

required security for county officers, except that required

in accordance with paragraph (1), shall be required as a

condition for the issuance of commissions to elected county

officials by the Department of State.

(3) Notwithstanding the provision of any other law, no

tax, fee or other charge shall be imposed as a result of the

issuance of commissions to elected county officials, and no

fee may be imposed for the recording of required security

documents or commissions.

governing authority on whose behalf a county officer or employee

is acting as an agent, a copy of recorded documents evidencing

the required security shall be provided by the chief clerk or

the equivalent officer in a home rule or optional plan county to

the Commonwealth agency or governing authority. No charge or fee

shall be imposed for any copy provided in accordance with this

subsection.

(d) Filing by governing body.--The governing body shall have

the duty to file documents as required by this section.

(e) Retention of documents.--Documents evidencing required

security shall be held by the custodian thereof for the longer

of the following periods:

(1) For at least one year after the officer's term of

office or employee's period of employment and, in the case of

a county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, for at least one

year after the settlement of accounts with the Commonwealth

20210SB0831PN1030 - 40 -

agency or the governing authority.

(2) For the period of time required by the act of August

14, 1963 (P.L.839, No.407), entitled "An act creating a

county records committee; imposing powers and duties upon it;

authorizing the Pennsylvania Historical and Museum Commission

to assist and cooperate with it; defining county records; and

authorizing the disposition of certain county records by

county officers in counties of the second to eighth class,"

or the rules and regulations adopted pursuant thereto.

(f) Evidence.--A copy of original documents evidencing

required security, certified as true and correct by the

custodian thereof, or a copy of the recorded documents

evidencing required security, certified as true and correct by

the recorder of deeds, shall be competent evidence thereof in

any judicial proceeding, in the same manner as the original

would be if produced and offered in evidence.

(g) Sufficiency of filing and recording.--Notwithstanding

any other provision of law, it shall be sufficient to file and

record documents evidencing required security in accordance with

this subchapter without further acknowledgment, filing or

recording of these documents with any other county officer or

with any other Commonwealth agency, except as required by this

subchapter.

§ 1132. Payment of premiums and commissions on collections.

(a) Premiums and costs.--The premiums and costs for all

forms of required security for county officials and employees

shall be paid by the county. The requirement of this subchapter

that a county acquire and pay the premiums and costs for

required security shall not relieve a Commonwealth agency on

whose behalf a county officer or employee is acting as an agent

20210SB0831PN1030 - 41 -

from an obligation, imposed by law, to procure insurance or

bonding protection.

(b) Commissions on collections.--Nothing in this subchapter

shall affect the right, provided for in any other law, of a

county officer or employee to retain a commission, for use of

the county, on amounts collected or transmitted as agent for a

Commonwealth agency. Notwithstanding the right to retain

commissions in accordance with this paragraph, no county officer

or employee shall be entitled to retain any additional sums from

amounts collected for or to be transmitted to the Commonwealth

agency for the purpose of paying premiums or costs related to

the acquisition of required security.

§ 1133. Other requirements, references and approvals.

(a) Compliance.--A requirement in another law, regulation or

rule that a bond be provided by a county officer or employee to

secure the faithful performance of duty or to act as the agent

of a Commonwealth agency or governing authority may be satisfied

by including this obligation within the coverage of required

security supplied in accordance with this subchapter.

(b) Reference to bonds.--Reference to bonds of county

officers and employees in any other law shall be construed and

read together with this subchapter, and if a conflict exists

between this subchapter and the reference to bonds of county

officers and employees in any other law, the provisions of this

subchapter shall prevail.

law, the following shall apply to required security in the form

of a bond, a blanket bond or insurance:

(1) Except as provided in paragraph (2), when required

security is obtained in compliance with this subchapter, it

20210SB0831PN1030 - 42 -

shall not require the approval of any Commonwealth agency or

the Governor as to form, content or amount.

(2) If any other law explicitly authorizes a

Commonwealth agency or the Governor to approve the amount of

a bond or other security of a county officer or employee, the

amount of required security under this subchapter shall be

subject to approval by the Commonwealth agency or the

Governor, which approval shall not be unreasonably withheld.]

Section 4. Title 16 is amended by adding parts to read:

PART II

COUNTIES OF THE FIRST CLASS

Chapter

21. (Reserved)

23. Vehicle Rental Tax

CHAPTER 21

(Reserved)

CHAPTER 23

VEHICLE RENTAL TAX

Sec.

2301. Authorization of vehicle rental tax by counties of the

first class.

§ 2301. Authorization of vehicle rental tax by counties of the

first class.

(a) Authorization.--Notwithstanding any provision of this

title or any other law, each county of the first class may

impose an excise tax on the rental of a rental vehicle in that

county. If the county is coterminous with a city of the first

class, imposition of the tax in the county, if any, shall be by

the city. The tax may be imposed on a person renting a rental

vehicle at a rate of up to 2% of the purchase price of the

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rental.

(b) Proceeds.--

(1) The proceeds of the vehicle rental tax shall be

dedicated solely to the payment of the costs of capital

projects, including lease payments or service agreements with

authorities for capital projects and debt service on bonds

issued for capital projects.

(2) The Commonwealth pledges to and agrees with any

person, firm or corporation subscribing to or acquiring bonds

issued by the county, city or an authority to finance a

capital project for which the tax was dedicated that the

Commonwealth will not repeal this authorization or reduce the

rate of tax authorized under this section until each of the

bonds and the interest on the bonds have been paid or

provision for the payment has been made.

(3) A county or city of the first class imposing the tax

and dedicating the tax under this section may not repeal the

tax, reduce the rate of the tax or revoke the dedication

until each of the bonds and the interest on the bonds have

been paid or provision for the payment has been made.

(4) Payments by a county or a city of the first class

under a lease or service agreement may not constitute debt of

the Commonwealth or of a county or city of the first class.

by each vehicle rental company in the county or city of the

first class imposing the tax. The tax shall be collected at the

time the rental vehicle is rented by the vehicle rental company

and shall be remitted by the vehicle rental company to the

county or city of the first class that imposed the tax in

accordance with rules and regulations established by the county

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or city or the tax collection agencies of the county or city for

collection and remittance of the tax. A person required to

collect or pay over the tax authorized under this section and

who fails to collect or pay over the tax shall be liable for the

full amount of the tax, including interest or penalties which

may be imposed by a county or city of the first class.

(d) Regulations.--The county or city of the first class and

the county's or city's tax collection agencies may promulgate

and enforce rules and regulations not inconsistent with this

section relating to the collection, administration and

enforcement of this section.

(e) Location.--For purposes of this section, the location of

the rental of the vehicle is the place where the renter takes

possession of the rental vehicle.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Rental vehicle." Any of the following:

(1) A private passenger motor vehicle designed to

transport no more than 15 passengers.

(2) A truck, trailer or semitrailer used in the

transportation of property other than commercial freight,

that is:

(i) rented without a driver;

(ii) part of a fleet of at least five rental

vehicles that are used for that purpose and owned or

leased by the same person or entity; and

(iii) rented for a period of not more than 29

consecutive days.

"Vehicle rental company." An entity engaged in the business

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of renting motor vehicles in this Commonwealth.

PART III

COUNTIES OF THE SECOND CLASS

Chapter

71. (Reserved)

73. Salaries

CHAPTER 71

(Reserved)

CHAPTER 73

SALARIES

Sec.

7301. Salary of solicitor and costs.

§ 7301. Salary of solicitor and costs.

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 from the fees received and paid into the office of the

coroner.

(2) Costs and expenses incurred by the coroner in a

manner connected with litigation or claims arising out of or

relating to the coroner's office shall be paid by the county

from fees received by the coroner's office.

PART IV

COUNTIES OF THE SECOND CLASS A THROUGH EIGHTH CLASS

Chapter

121. General Provisions

123. County Officers

125. County Commissioners and Chief Clerks

127. Controller

129. Auditors

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131. Treasurer

133. County Solicitor

135. Engineer

137. Sheriff

139. Coroner

141. Prothonotary, Clerk of Courts, Clerk of Orphans' Court,

143. District Attorney, Assistants and Detectives

145. Salaries of County Officers

147. Fees of Salaried County Officers and Salary Boards

149. Fiscal Affairs

151. Contracts

153. Special Powers and Duties of Counties

155. Military and Veterans Affairs

157. Public Health

159. Aeronautics and Transportation

161. Grounds and Buildings

163. Eminent Domain and Injury to Property

165. Recreation Places

167. Bridges, Viaducts and Culverts

169. Roads

171. Southwestern Pennsylvania Regional Renaissance

Initiative

173. Third Class County Convention Center Authorities

175. Hotel Tax

CHAPTER 121

GENERAL PROVISIONS

Sec.

12101. Scope of part.

12102. (Reserved).

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12103. Proceedings for recovery of penalties.

12104. Collection of tax and municipal claims by suit and

limitations.

12105. Publication of legal notices.

12106. General powers.

12107. Vesting of corporate power.

§ 12101. Scope of part.

Except where otherwise specifically provided, this part

applies to each county of the second class A and third, fourth,

fifth, sixth, seventh and eighth class.

§ 12102. (Reserved).

§ 12103. Proceedings for recovery of penalties.

Unless otherwise specifically provided in this part, if a

pecuniary penalty or forfeiture is imposed by this part, the

proceeding for the recovery of the pecuniary penalty or

forfeiture shall be by indictment in the court of common pleas

or by civil action as debts of equivalent amount are by law

recoverable. Magisterial district judges may not have

jurisdiction of a suit or action for the recovery of a penalty

imposed by this part for official misconduct. The suit or

action, if brought in the court of common pleas, shall have

preference for trial over all other actions.

§ 12104. Collection of tax and municipal claims by suit and

limitations.

(a) Proceedings.--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 a tax or municipal

claim owed to the county against each owner of the property

owing the tax or municipal claim to the county by a civil action

or other appropriate remedy. A penalty of 10% and interest at

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the prevailing legal rate and costs of suit shall be added to

each judgment obtained for the taxes or municipal claim. Upon

judgment, execution may be issued without a stay or benefit of

an exemption law.

(b) Right to collect.--The right of a county to collect

unpaid taxes or municipal claims owed to the county under this

section may 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.

taxes or municipal claims owed to the county shall be commenced

within 20 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 a claim other than that for taxes or

improvements.

(d) Retroactivity.--The remedy granted under this section

shall be applied retroactively.

§ 12105. Publication of legal notices.

(a) Publication.--

(1) Except as provided under paragraph (2), if

advertisement, notice or publication is required to be

published in one newspaper, the publication shall be made in

a newspaper of general circulation as defined in 45 Pa.C.S. §

101 (relating to definitions) printed in the county.

(2) If the matter in connection with which the

advertising under paragraph (1) is being done affects only a

political subdivision, the advertisement shall be published

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in a newspaper printed in the political subdivision, if there

is a newspaper and, if not, in a newspaper circulating

generally in the political subdivision.

(3) If notice is required to be published in more than

one newspaper, notice shall be published in at least one

newspaper of general circulation printed, if there is a

newspaper, or circulating generally in the county, as

provided under this subsection.

(b) Legal newspaper.--If a notice under subsection (a)

relates to a proceeding or matter in a court, the holding of an

election for the increase of indebtedness or the issue and sale

of bonds to be paid by taxation, the notice shall also be

published in the legal newspaper, if any, designated by the

rules of court of the proper county for the publication of legal

notices and advertisement, unless the publication is dispensed

with by special order of court. Each ordinance, auditor report,

controller report or advertisement, inviting proposal for public

contract and bid for materials and supplies, shall be published

only in newspapers of general circulation.

§ 12106. General powers.

Each county shall have capacity as a body corporate to:

(1) Have succession perpetually by the county's

corporate name.

(2) Sue and be sued and complain and defend in all

proper courts by the name of the county of . . . . . . . .

(3) Purchase, acquire by gift or otherwise, hold, lease,

let and convey real and personal property as is deemed to be

for the best interests of the county.

(4) Make contracts for carrying into execution the laws

relating to counties and for lawful purposes.

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(5) Have and use a seal which shall be in the custody of

the county commissioners. The official acts of the county

commissioners shall be authenticated with the seal. The

county commissioners may prescribe the form of the seal.

(6) To make appropriations for any purpose authorized by

this part or any other act of the General Assembly.

§ 12107. Vesting of corporate power.

The corporate power of each county shall be vested in the

county commissioners.

CHAPTER 123

COUNTY OFFICERS

Subchapter

A. General Provisions

B. (Reserved)

C. State Associations

D. Removal of County Officers

E. Conduct of Official Business

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

12301. Elected officers.

12302. Incompatible offices.

12303. Oath of office.

12303.1. (Reserved).

12304. Recorded commissions.

12305. Location of offices, records and papers.

12306. Open records.

12307. Securing from predecessors.

12308. Action by deputies.

12309. Vacancies.

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12310. Information to heads of governmental departments.

12311. Penalty.

12312. (Reserved).

12313. Qualifications.

12314. Mileage.

12315. Security.

12316. Solicitors to county officers other than county

commissioners.

§ 12301. Elected officers.

(a) Election.--In each county, the following officers shall

be 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 each county in which the office of auditor has been or

shall be abolished, one controller.

(3) One treasurer.

(4) One coroner.

(5) One recorder of deeds.

(6) One prothonotary.

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

(8) Except in counties of the second class A, one clerk

of the orphans' court.

(9) One register of wills, who, in counties of the

second class A, shall serve as clerk of the orphan's court.

(10) One sheriff.

(11) One district attorney.

(12) Two jury commissioners, except in counties in which

the office of jury commissioner has been abolished.

(b) Term.--

(1) Except as provided under paragraph (2) and

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subsection (c), each officer shall be elected at the

municipal election next preceding the expiration of the terms

of the officers in office on October 10, 1955, and every four

years thereafter, and shall hold the offices for a term of

four years from the first Monday of January next after the

election in which the officer was elected and until a

successor is duly qualified.

(2) If an elected officer, except a county commissioner

or auditor, fails to qualify or if a successor is not

elected, 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

under section 12309 (relating to vacancies) or until the

first Monday in January following the next municipal

election, whichever period is shorter. For a county

commissioner or auditor, a vacancy shall exist which shall be

filled as provided under this part.

class A, other than a county commissioner, fails 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.

(d) Offices remain.--Each county officer enumerated under

this section shall remain as constituted on October 10, 1955.

This section shall not create an office in a county if the

office does not exist on October 10, 1955.

(e) Jury commissioner abolishment by referendum or

resolution.--

(1) The office of jury commissioner may be abolished by

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referendum at the option of each county which on August 17,

1998, is a county of the third class having a population

under the 1990 Federal decennial census in excess of:

(i) 237,000 residents, but less than 240,000

residents; or

(ii) 337,000 residents, but less than 341,000

residents.

(2) In order to effectuate abolishment under this

subsection:

(i) electors equal to at least 5% of the highest

vote cast for any office in the county at the last

preceding general election must file a petition with the

county board of elections; or

(ii) the governing body of the county must adopt, by

a majority vote, a resolution to place the question on

the ballot and a copy of the resolution must be filed

with the county board of elections for a referendum on

the question of abolishing the office of jury

commissioner.

(3) Proceedings under this subsection shall be in

accordance with the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

(4) Upon approval of a referendum under this subsection,

the office of jury commissioner shall expire at the

completion of the current jury commissioners' terms of

office.

(5) A referendum under this subsection may not take

place in a year in which the office of jury commissioner is

on the ballot.

(f) Jury commissioner abolishment by resolution.--The office

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of jury commissioner may be abolished in a county of the third

class having a population under the 2000 Federal 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.

(g) Jury commissioner abolition.--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,

third, fourth, fifth, sixth, seventh or 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.

§ 12302. Incompatible offices.

(a) Legislative member, school director or board of health

member.--An elected county officer or, in counties of the third,

fourth, fifth, sixth, seventh and eighth class, county

solicitor, if the county solicitor is an individual, may not, at

the same time, serve as:

(1) A member of the legislative body of a municipal

corporation.

(2) A school director of a school district.

(3) A member of a board of health.

(b) Treasurer or tax collector.--Except as authorized under

law, an elected county officer or county solicitor, if the

county solicitor is an individual, of a county of the third,

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fourth, fifth, sixth, seventh or eighth class may not, at the

same time, serve as treasurer or tax collector of a municipal

corporation.

this Commonwealth and an individual holding or exercising an

office or appointment of trust or profit under the United States

may not, at the same time, hold or exercise a county office in

this Commonwealth to which a salary, fee or perquisites are

attached. This subsection shall not apply to a member of the

National Guard or other reserve component of the armed forces

not called into active duty.

§ 12303. Oath of office.

(a) Requirement.--In addition to an oath or affirmation

required by another statute, each county officer and the county

officer's deputies, assistants and clerks shall, before entering

on the duties of the individual's respective offices or

employments, take and subscribe the oath under 53 Pa.C.S. § 1141

(relating to form of oaths of office).

(b) Administration.--The oath under subsection (a) shall be

administered by an individual authorized to administer oaths and

shall be filed in the office of the prothonotary of the county

in which the oath is taken. An individual refusing to take the

oath or affirmation shall forfeit the office. A person convicted

of having sworn or affirmed falsely or of having violated the

oath or affirmation commits perjury.

§ 12303.1. (Reserved).

§ 12304. Recorded commissions.

Each county officer receiving a commission from the Governor

shall, immediately, deliver the same to the recorder of deeds

for recordation. An officer may not execute any of the duties of

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office until the commission has been delivered.

§ 12305. Location of offices, records and papers.

(a) County seat.-- Except as otherwise provided in

subsection (d), each county commissioner, auditor, controller,

treasurer, sheriff, recorder of deeds, prothonotary, clerk of

courts, clerk of orphans' court, register of wills and district

attorney shall keep the individual's respective offices and each

public record and paper of the office at the county seat and in

buildings erected or appropriated for keeping offices and public

records and papers.

(b) Storage.--

(1) The county commissioners may keep and maintain

records and contract with persons for storage, retrieval and

transmission of county records within or outside the county

except that no records shall be stored outside the county

seat without the approval of the officer in charge of the

office to which the records belong. The approval of the

president judge shall be required if records are in the

custody of agencies of the court of common pleas, the clerk

of courts, the prothonotary, the register of wills or 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 an electronic means or facility

which will permit the retrieval of the records or exact

copies of the records within five business days.

(2) County records used on a regular or frequent basis

shall be accessible in the county seat.

class A may impose a fee on recorded instruments required to be

kept permanently that are filed with the county and, with the

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approval of the president judge, may impose a fee on civil or

criminal cases filed in the court of common pleas. Fees shall be

collected by the appropriate row officer and deposited into a

special records management fund, administered by the county's

records management program in the Office of Management and

Productivity or, in the absence of an Office of Management and

Productivity, 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.

(d) Office.--The county commissioners shall, after

consultation with an officer, furnish each officer with an

office and additional space in the county building, courthouse

or other building at the county seat sufficient to perform the

duties of the office. The following shall apply:

(1) The commissioners may, with the approval of the

respective officers, furnish an additional office or space in

buildings at locations outside of the county seat for the

auditors, commissioners, controller, treasurer or recorder of

deeds.

(2) The commissioners may with the approval of the

respective officers and the president judge, furnish an

additional office or space in buildings at locations outside

of the county seat for the sheriff, prothonotary, clerk of

courts, clerk of orphan's court, register of wills or

district attorney.

(e) Maintenance.--An officer failing or refusing to maintain

the office and to keep each public record and paper of the

office in the buildings appropriated under this section, commits

a misdemeanor and, upon conviction, shall be sentenced to:

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(1) imprisonment until the officer complies with this

section or until sooner discharged by order of the court; and

(2) pay a fine of not more than $500 for the use of the

county.

§ 12306. Open records.

Except as provided under this chapter, each record of a

county office shall be open for inspection subject to the rules

and regulations provided under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

§ 12307. Securing from predecessors.

(a) Demand and receipt.--An elected or appointed person,

duly commissioned to a county office, shall demand and receive

each record, book, draft, plan, paper, seal or other official

thing, including public money held in the office, and not

provided for under Article XIII.1 of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, belonging to the

office from each person who held the office immediately before

the officer's election or appointment or from each other person

holding or possessing the items.

(b) Detention.--A person that detains from a county office a

record, book, draft, plan, paper, seal or other official thing,

including public money, as provided under this section,

belonging to an office after reasonable demand has been made,

commits a misdemeanor and, upon conviction, shall be sentenced

to:

(1) undergo imprisonment until the delivery of each

official thing found to be in the person's possession or

control to the proper officer or until sooner discharged by

order of the court; and

(2) pay a fine of not more than $500 for the use of the

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county.

§ 12308. Action by deputies.

(a) Appointment.--

(1) If a county officer is authorized or required to

appoint a deputy, the deputy or principal deputy, if there is

more than one, shall, during the necessary or temporary

absence of the deputy's principal, perform each duty of the

principal and, in case of a vacancy or under section 12301(b)

(relating to elected officers), until a successor is

qualified.

(2) If fulfilling the duties under paragraph (1) for a

vacancy in a county of the third, fourth, fifth, sixth,

seventh or eighth class, a deputy shall receive the salary

provided under law for the principal or the salary provided

for the deputy, whichever is greater.

(b) Oath.--A person temporarily succeeding to a county

office by reason of the death, resignation or removal of the

duly elected or appointed officer, may not execute any of the

duties of the office until the person has taken the oath and

filed the bond required of the principal officer.

§ 12309. Vacancies.

(a) Appointment by Governor.--

(1) Except as provided under subsection (b), for a

vacancy in a county office created by the Constitution of

Pennsylvania or laws of this Commonwealth, and, if no other

provision is made under the Constitution of Pennsylvania or

under this part to fill the vacancy, the Governor shall

appoint a suitable individual to fill the office, who shall

continue to hold and discharge the duties of the office until

the first Monday in January following the next municipal

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election occurring not less than 90 days after the occurrence

of the vacancy, or for the balance of the unexpired term,

whichever period is shorter.

(2) If a municipal election occurs not less than 90 days

after the occurrence of the vacancy under paragraph (1),

other than the municipal election at which the office

ordinarily is filled, the office shall be filled at that

municipal election for the balance of the unexpired term.

(3) An appointee under this subsection shall be

confirmed by the Senate, if in session.

(b) Second class A.--In counties of the second class A, an

appointed person shall continue in office and discharge the

duties of the office for the balance of the unexpired term.

duties under 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.

§ 12310. Information to heads of governmental departments.

(a) Duty.--

(1) Upon application by the head of a State agency, each

county officer shall furnish information and copies of

records or documents contained in the respective offices as

the head of the agency determines may be necessary or

pertinent to the work of the department.

(2) The county furnishing information under paragraph

(1) shall receive reasonable compensation as may be

determined by the Auditor General. The compensation shall be

paid to the county by the State Treasurer, out of money not

otherwise appropriated, upon warrant from the Auditor

General.

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(b) Department of Community and Economic Development.--Each

county officer shall furnish to the Department of Community and

Economic Development any information requested by the Department

of Community and Economic Development.

§ 12311. Penalty.

If a county officer neglects or refuses to perform a duty

imposed on the officer under this part, any other act or by a

rule of court, the officer commits, for each neglect or refusal,

a misdemeanor and, upon conviction, shall be sentenced to pay a

fine not exceeding $500.

§ 12312. (Reserved).

§ 12313. Qualifications.

(a) General rule.--An individual may not be elected to a

county office, except the office of district attorney, as

provided for under this part, unless the person is:

(1) at least 18 years of age;

(2) a citizen of the United States;

(3) a resident of the county; and

(4) has resided within the county for at least the

directly preceding year prior to the election.

(b) Sheriff.--In addition to the qualifications under

subsection (a), an individual may 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.

§ 12314. Mileage.

Each county official or employee may, if authorized by the

county commissioners, be reimbursed in accordance with the act

of July 20, 1979 (P.L.156, No.51), referred to as the Uniform

Mileage Fee Law.

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§ 12315. Security.

The county shall obtain required security for county officers

and employees in accordance with Subchapter B of Chapter 11

(relating to required fiscal security for officers and

employees).

§ 12316. Solicitors to county officers other than county

commissioners.

(a) Appointment.--Each of the following officers may

designate and appoint a solicitor licensed to practice law in

this Commonwealth which may be an individual 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 appropriate.

(b) Advisement.--The solicitor shall advise on all legal

matters, and conduct litigation, as requested by the officer.

of the appointing officer.

(d) Appropriation.--The county commissioners may appropriate

money for the payment of a solicitor appointed under this

section.

(e) Judiciary.--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).

SUBCHAPTER B

(Reserved)

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SUBCHAPTER C

STATE ASSOCIATIONS

Sec.

12340. State associations.

12341. Purpose and annual meetings.

12342. Deputies and solicitors.

12343. Expenses and time limits.

12344. Other meeting expenses.

12345. Annual assessments.

12346. Associations and organizations concerned with

governmental affairs.

§ 12340. State associations.

County officers of each county may organize for themselves a

State association as follows:

(1) County commissioners, with the county solicitor, the

chief clerk to the county commissioners and officers who are

counterpart personnel in counties having a home rule charter

or optional form of government.

(2) County controllers.

(3) Sheriffs.

(4) District attorneys.

(5) Probation officers.

(6) Registers of wills and clerks of orphans' courts.

(7) Prothonotaries and clerks of courts.

(8) County treasurers.

(9) Recorders of deeds.

(10) Directors of veterans' affairs.

(11) Coroners.

(12) Jury commissioners.

(13) County auditors.

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(14) Public defenders.

§ 12341. Purpose and annual meetings.

(a) Purpose.--The purpose of the respective State

associations under section 12340 (relating to State

associations) shall be to discuss and resolve the various

questions arising in the discharge of the duties and functions

of the respective officers and to provide uniform, efficient and

economical methods of administering the affairs of the counties

pertaining to the officer's offices.

(b) Annual meeting.--Each State association may hold an

annual meeting at a time and place within this Commonwealth

designated by the association to facilitate cooperation,

coordination and full exchange of information provided under

subsection (a).

county auditors and the association of county treasurers may

meet in joint session with the association of county

commissioners, solicitors and chief clerks, if the associations

mutually agree. Each association shall have a separate session

on at least two days during the annual meeting to facilitate

cooperation, coordination and full exchange of information

provided under subsection (c).

§ 12342. Deputies and solicitors.

With the approval of the solicitor's principals, the first

and, if appointed, second deputy and the solicitor of the

following officers may attend the annual meeting of the

principal's respective association with or in place of the

solicitor's principals:

(1) Controller.

(2) Sheriff.

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(3) Register of wills.

(4) Clerk of orphans' court.

(5) Treasurer.

(6) Prothonotary.

(7) Clerk of courts.

(8) Recorder of deeds.

(9) District attorney.

(10) Public defender.

(11) Coroner.

§ 12343. Expenses and time limits.

(a) Elected officers.--

(1) The actual expenses of each authorized elected

county officer attending the annual meetings of the county

officer's associations shall be paid by the county out of the

general fund of the county.

(2) Each of the officers, except the county

commissioners, shall be reimbursed for actual expenses not to

exceed $220 per day for the number of days specified under

subsection (d), including mileage traveling to and returning

from the annual meeting and the registration fee.

(3) The amount under paragraph (2) shall be adjusted

annually by the annual increase in the cost of living as

determined annually by the United States Department of Labor.

(b) Nonelected officers and employees.--

(1) The actual expenses of each authorized nonelected

county officer and employee attending the annual meetings of

the associations may be paid by the county out of the general

fund of the county.

(2) Each officer may be reimbursed for actual expenses

in an amount not to exceed $220 per day for the number of

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days specified under subsection (d), including mileage

traveling to and returning from the annual meeting and the

registration fee.

(3) The amount under paragraph (2) shall be adjusted

annually as provided under subsection (a)(3).

(1) Each delegate attending the annual meeting shall

submit to the county original receipts with an itemized

account of expenses incurred at the meeting.

(2) The county may authorize an employee to be

compensated at the employee's regular employee rate during

attendance at the annual meeting.

(3) The actual expenses for elected officers shall be

paid and for nonelected officers may be paid for the number

of days specified under subsection (d). Elected county

officers shall receive and nonelected county officers and

employees may receive actual expenses not to exceed $220 per

day for each day not in excess of two in going to and

returning from the meeting.

(4) The amount under paragraph (3) shall be adjusted

annually as provided under subsection (a)(3).

(d) Time limit.--

(1) The annual meeting of:

(i) The association of county commissioners, county

solicitors and chief clerks may not exceed four days.

(ii) The association of district attorneys may not

exceed three days.

(iii) A State association, other than an association

under subparagraphs (i) and (ii), may not exceed three

days.

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(2) The time limit under paragraph (1) shall not include

time spent traveling to and returning from the annual

meeting.

§ 12344. Other meeting expenses.

(a) Equal payments.--In addition to the expenses authorized

under this subchapter, the necessary expenses of the annual

meetings under this section shall be paid in equal parts by each

county with officers that are members of the respective

associations.

(b) Limit.--For county commissioners, county solicitors and

county clerks, county controllers, county auditors, sheriffs,

recorders of deeds, prothonotaries, clerks of courts, public

defenders, district attorneys, jury commissioners, coroners and,

for counties of the second class A, directors of veterans'

affairs, the portion of annual expenses charged to each county

may not exceed the following:

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

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

(3) For each county of the fifth and sixth class, $625.

(4) For each county of the seventh and eighth class,

$500.

Notwithstanding subsections (a) and (b), the following shall

apply:

(1) For directors of veterans' affairs for counties

other than a county of the second class A, the portion of

annual expenses charged to each county may not exceed $400.

(2) For probation officers an annual membership

subscription not exceeding $12.50 per member shall be paid by

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the county.

(d) Increase.--The amounts under 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.

§ 12345. Annual assessments.

(a) County commissioners, county solicitors and chief

clerks.--In addition to the expenses authorized under this

subchapter, the necessary expenses of the association of county

commissioners, county solicitors and chief clerks shall be

apportioned among each county holding membership in the

association in amounts provided for by the rules and regulations

of each association.

(b) District attorneys.--In addition to the expenses

authorized under this subchapter, the necessary expenses of the

association of district attorneys shall be apportioned among

each county holding membership in the association in amounts

provided for by the rules and regulations of the association.

subsections (a) and (b) shall be approved at each annual

conference of the association by a majority vote of the members

present and, when approved, shall be paid by the counties from

the general fund of each county.

§ 12346. Associations and organizations concerned with

governmental affairs.

(a) Associations and organizations.--The county

commissioners may:

(1) Join associations and organizations, in addition to

the County Commissioners Association of Pennsylvania,

concerned with county or governmental affairs.

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(2) Pay dues to the associations and organizations.

(3) Send delegates to meetings or conferences of the

associations and organizations and pay the necessary expenses

incident to attendance at the meetings or conferences.

(b) Professional associations and organizations.--The county

commissioners may authorize a county official and employees of

the official to attend meetings of professional associations and

organizations, or study or training sessions for individuals

holding the same or similar office or employment, and may pay

all or a portion of the necessary expenses related to attendance

at the meetings or sessions.

a conference, meeting, study or training session under this part

shall submit to the county controller, or to the county

commissioners in counties having no controller, an itemized

account of expenses related to the event, including traveling

expenses or mileage approved by the county commissioners.

SUBCHAPTER D

REMOVAL OF COUNTY OFFICERS

Sec.

12350. Removal of county officers and appointees.

§ 12350. Removal of county officers and appointees.

(a) Elected.--A county commissioner, sheriff, coroner,

prothonotary, register of wills, recorder of deeds, treasurer,

county auditor or county controller, clerk of courts, district

attorney or any other officer of the counties, whether elected

or duly appointed to fill a vacancy, may be removed from office

only:

(1) by impeachment, or by the Governor, for reasonable

cause after due notice and full hearing on the advice of two-

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thirds of the Senate; or

(2) upon conviction of misbehavior in office or of an

infamous crime in accordance with the Constitution of

Pennsylvania, but their title to office may be tried by

proceedings of quo warranto as provided by law.

(b) Appointed.--An appointee to a county office or position

other than to an elected office shall be:

(1) Subject to removal at the pleasure of the appointing

authority, except as otherwise expressly provided by law.

(2) Removed on conviction of misbehavior in office or of

an infamous crime.

SUBCHAPTER E

CONDUCT OF OFFICIAL BUSINESS

Sec.

12360. Meetings open to public.

§ 12360. Meetings open to public.

Each regular or special meeting of the county commissioners

and of each board, commission and authority, created by or

operating as an agency of a county, shall be a public meeting

subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).

CHAPTER 125

COUNTY COMMISSIONERS AND CHIEF CLERKS

Subchapter

A. County Commissioners

B. Chief Clerk of County Commissioners

SUBCHAPTER A

COUNTY COMMISSIONERS

Sec.

12501. Election and vacancies.

12502. Organization.

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12503. Meetings.

12504. Quorum and execution of official instruments.

12505. Certified copies of proceedings.

12506. Oaths.

12507. Expenses.

12508. Office supplies.

12509. Ordinances and resolutions.

12510. (Reserved).

12511. (Reserved).

12512. (Reserved).

12513. (Reserved).

§ 12501. Election and vacancies.

(a) Election.--Three county commissioners shall be elected

in each county in the year 1955 and every fourth year

thereafter. In the election of county commissioners, each

qualified elector shall vote for no more than two individuals.

The three individuals having the highest number of votes shall

be elected.

(b) Vacancy.--A vacancy in the office of county

commissioners shall be filled for the balance of the unexpired

term by the court of common pleas of the county in which the

vacancy occurs by the appointment of a registered elector of the

county who was a member of the same political party as the

vacating county commissioner at the time the vacating county

commissioner was elected.

§ 12502. Organization.

The county commissioners shall meet on the first Monday of

January 1956 and on the first Monday of January every fourth

year thereafter in the office provided for the county

commissioners at the county seat for the purpose of

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organization. If the first Monday is a legal holiday, the

meeting shall be held the next day.

§ 12503. Meetings.

(a) Rules.--The county commissioners shall adopt rules for

the conduct and order of business and establish regular times

and places of meetings. A copy of the rules shall be posted in a

conspicuous place in the county courthouse for the benefit of

the public.

(b) Special meeting notice.--Each county commissioner shall

have at least 20 hours notice of a special meeting and of the

nature of business to be conducted at the meeting, unless the

notice is waived by the county commissioner in writing or by

attendance at the special meeting.

§ 12504. Quorum and execution of official instruments.

(a) Quorum.--The county commissioners shall constitute a

board, two members of which shall be a quorum for the

transaction of business and, when convened after notice, shall

be competent to perform each of the duties pertaining to the

office of county commissioners.

(b) Execution.--If an official document, instrument or

official paper is to be executed by the county commissioners,

the execution shall be done by at least two of the county

commissioners and attested by the chief clerk who shall affix

the county seal to the document.

§ 12505. Certified copies of proceedings.

Copies of the proceedings of the county commissioners and of

each record in the possession of the county commissioners,

certified by the chief clerk under the county seal, shall be

admitted in evidence in any court of the Commonwealth.

§ 12506. Oaths.

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Each county commissioner may administer oaths and

affirmations in each case arising in the performance of the

duties of the office of the county commissioners.

§ 12507. Expenses.

A county commissioner may receive expenses necessarily

incurred and actually paid in the discharge of the county

commissioner's official duties or in the performance of a

service, office or duty imposed upon a county commissioner.

§ 12508. Office supplies.

(a) Supplies.--The county commissioners, at the cost of the

county, shall purchase and provide office furniture, equipment

and supplies, blank books, blank dockets, books for records,

stationery, postage, utilities, cleaning and maintenance

required for each of the county officers whose offices are

located in a county building or at another place at the county

seat as may be designated by the county commissioners and each

supply used by the public in connection with each office.

(b) Preference.--Before purchasing office furniture,

equipment or supplies, blank books, blank dockets, books for

records or stationery, county officers furnished with any of the

items may state in writing preferences as to the type and make

of the items. The county commissioners shall, if feasible,

purchase and supply to each officer the preferred item if a

preference has been given.

§ 12509. Ordinances and resolutions.

(a) Authorization.--The county commissioners may adopt

ordinances and resolutions prescribing the manner in which the

powers of the county shall be carried out and generally

regulating the affairs of the county. The county commissioners

may formulate and adopt ordinances, resolutions, rules and

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regulations pertaining to the use of property owned or used by

the county and the conduct of individuals in, on or about the

property in order to preserve the property and to promote and

preserve public health, safety and welfare.

(b) Publication.--

(1) A proposed ordinance, unless otherwise provided by

law, shall be published at least once in a newspaper of

general circulation in the county not more than 60 days

before passage and not less than seven days before passage.

(2) A public notice of a proposed ordinance shall

include the full text of the proposed ordinance 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 location within the

county in which copies of the proposed ordinance may be

examined.

(3) If the full text is not included in the public

notice required under this section, the following apply:

(i) A copy of the text shall be supplied to the same

newspaper of general circulation in which the public

notice is published.

(ii) An attested copy shall be filed in the county

law library within 30 days after the enactment or

adoption of the ordinance. The date of the filing of a

proposed ordinance may not affect the validity of the

process of the enactment or adoption of the ordinance and

a failure to record within the time period specified

under this subparagraph may not be deemed a defect in the

process of the enactment or adoption of the ordinance.

(4) In the event substantial amendments are made in the

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proposed ordinance, the county commissioners shall, at least

10 days before the enactment or adoption, republish the

proposed ordinance in a newspaper of general circulation in

the county and a brief summary setting forth all the

provisions in reasonable detail with a summary of the

amendments.

(5) An ordinance may not take effect until recorded in

the ordinance book of the county. If maps, plans or drawings

are adopted as part of an ordinance, the county commissioners

may, instead of publishing the the maps, plans or drawings as

part of the ordinance, refer to the location where the maps,

plans or drawings are on file and may be examined by the

public in the publication of the ordinance.

(1) Prescribe fines and penalties as follows:

(i) Not exceeding $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.

(ii) Not exceeding $600 for a violation of any other

county ordinance.

(2) Collect fines and penalties by suit, brought in the

name of the county, in like manner for which debts of like

amount may be sued.

(d) Penalties.--A person who violates an ordinance enacted

by the county commissioners under this section shall, upon

conviction at a summary proceeding, be sentenced to pay a fine

as may be prescribed in the ordinance by the county

commissioners. The fine shall not exceed an amount of $1,000

per violation, with the costs of prosecution, or imprisonment of

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not more than 10 days, or both. The fine shall be paid to the

county for use by the county.

§ 12510. (Reserved).

§ 12511. (Reserved).

§ 12512. (Reserved).

§ 12513. (Reserved).

SUBCHAPTER B

CHIEF CLERK OF COUNTY COMMISSIONERS

Sec.

12520. Chief clerk.

12521. Duties and powers of chief clerk.

§ 12520. Chief clerk.

The county commissioners shall appoint a chief clerk.

§ 12521. Duties and powers of chief clerk.

(a) Duties.--The chief clerk shall keep the books and

accounts of the county commissioners, record and file the

proceedings and papers of the county commissioners, attest all

orders and voucher checks issued by the county commissioners and

perform all other duties pertaining to the office of chief

clerk.

(b) Oaths and affirmations.--The chief clerk shall have the

power to administer oaths and affirmations pertaining to the

business of the office of the county commissioners.

CHAPTER 127

CONTROLLER

Sec.

12701. Election, term and seal.

12702. Eligibility.

12703. Deputy controller and clerks.

12704. (Reserved).

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12705. Establishment of office of controller in counties of the

sixth, seventh and eighth classes.

12706. Appointment by Governor, duties of auditors and

abolition of office of auditor.

12707. Expenses.

§ 12701. Election, term and seal.

(a) Election of controller.--At the municipal election

immediately preceding the expiration of the term of the

controller in office on January 1, 1956, and every four years

thereafter, the qualified electors of each county of the third,

fourth and fifth class and every other county in which the

office of controller has been or may be established, including

counties in which the office was established by general law or

otherwise when the counties were in a higher classification,

shall elect one resident of the county to serve as controller

for the term of four years beginning the first Monday of January

after the controller's election or until a successor is

qualified to serve in office.

(b) Counties of second class A.--In counties of the second

class A, a controller shall be elected at the municipal election

immediately preceding the expiration of the term of the

controller in office on December 24, 2018, and every four years

thereafter.

official seal of the office by the county commissioners. The

seal shall be used for the attestation of all official papers.

§ 12702. Eligibility.

(a) Office holders.--An individual holding office under the

United States shall not be eligible to the office of county

controller while in office and for one year after leaving

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office.

(b) Local office holders.--A county commissioner, county

treasurer, prothonotary, register of wills, clerk of courts,

recorder of deeds, sheriff or district attorney, or the chief

clerk or deputy of a county commissioner, county treasurer,

prothonotary, register of wills, clerk of courts, recorder of

deeds, sheriff or district attorney, shall be ineligible to hold

the office of county controller while in office and for two

years after leaving office.

§ 12703. Deputy controller and clerks.

(a) Appointments.--

(1) In counties of the second class A, third, fourth and

fifth classes, the controller shall appoint a deputy

controller and clerks.

(2) In counties of the sixth, seventh and eighth

classes, the controller may appoint a deputy controller and

clerks.

(3) A controller may authorize one or more of the clerks

employed in the controller's office to administer to all

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) Second deputy controller.--A controller may appoint a

second deputy controller who shall possess and discharge all the

rights, powers and duties of the principal deputy controller

during the principal deputy controller's and the controller's

temporary absence.

§ 12704. (Reserved).

§ 12705. Establishment of office of controller in counties of

sixth, seventh and eighth classes.

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(a) Authorization.--The office of controller may be

established in a county of the sixth, seventh and eighth class

by the affirmative vote of a majority of the electors of the

county voting on the question submitted, in accordance with this

section, at the general election when the auditor of the county

is in the third year of the auditor's term.

(b) Petition.--The question shall be submitted to the

electors of the county when county electors file a petition

containing signatures equal to at least 5% of the highest vote

cast for an office in the county at the last preceding general

election. The petition shall be filed with the county

commissioners no less than 60 days before the day of the general

election when the question is to be submitted. If the petition

is sufficiently signed under this subsection, the county

commissioners shall cause the question to be submitted in the

manner provided by the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

the question vote in favor of establishing the office of county

controller, the office shall be established. At the next

municipal election and every four years thereafter, the electors

of the county shall choose a resident of the county for the

office of controller as a replacement for the county auditors.

§ 12706. Appointment by Governor, duties of auditors and

abolition of office of auditor.

(a) Appointment.--If the office of controller is established

in a county under section 12705 (relating to establishment of

office of controller in counties of sixth, seventh and eighth

classes), or by a change in class of the county not otherwise

provided for by law, the Governor shall appoint a suitable

20210SB0831PN1030 - 80 -

individual to act as the controller of the county until a

successor in office is duly elected and installed.

(b) Duties of auditors.--Upon the appointment of a

controller under subsection (a), the county auditors in office

at the time of the appointment shall proceed to audit all

accounts as required by law and file a report of the audit with

the controller no later than three months after the controller

assumes office. Whereupon, the office of county auditor shall be

abolished and cease to exist in the county.

§ 12707. Expenses.

The county controller and the county controller's deputy,

clerks and auditors shall be reimbursed for expenses necessarily

incurred and actually paid in the discharge of their official

duties or in the performance of any service or duty imposed.

CHAPTER 129

AUDITORS

Sec.

12901. Election and vacancies.

12902. Eligibility.

12903. Meetings and quorum.

12904. (Reserved).

§ 12901. Election and vacancies.

(a) Election.--In each county in which the office of

controller has not been established, three county auditors shall

be elected in 1955 and every four years thereafter. In the

election of county auditors, each qualified elector shall vote

for no more than two individuals. The three individuals with the

highest number of votes shall be elected to the office of county

auditor.

(b) Vacancies.--A vacancy in the office of county auditors

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shall be filled, for the balance of the unexpired term, by the

court of common pleas of the county, sitting en banc, appointing

a successor who, at the time the vacating auditor assumed

office, was a registered elector of the county and was a member

of the same political party as the vacating auditor.

§ 12902. Eligibility.

(a) Treasurers.--An individual may not be eligible to the

office of county auditor if the individual has been the

treasurer of the county within the previous two years.

(b) Officers.--An individual holding the office of county

auditor may not at the same time hold an office or employment

for the county or for a municipal authority of which the county

is a member. A county auditor may not be employed in an

administrative position by a school district or 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 a municipal corporation in the county.

§ 12903. Meetings and quorum.

(a) Meetings.--The auditors shall meet at the county seat on

the first Monday of January in each year for the purpose of

organizing and to begin the audit of the fiscal affairs of the

county for the immediately preceding fiscal year. If the first

Monday in January is a legal holiday, the meeting shall be held

the first day after the first Monday in January.

(b) Deadline.--The auditors shall meet as necessary for the

completion of the audit under subsection (a) by the following

July 1. 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 additional time as the court deems necessary for

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completion of the audit and report.

as determined by the county commissioners in accordance with the

act of November 1, 1971 (P.L.495, No.113), entitled "An act

providing for the compensation of county officers in counties of

the second through eighth classes, for compensation of district

attorneys in cities and counties of the first class, for

compensation of district election officers in all counties, for

the disposition of fees, for filing of bonds in certain cases

and for duties of certain officers," and daily or hourly

compensation set for the auditors shall be applicable for any

period of additional time granted under subsection (b).

(d) Quorum.--Any two auditors when duly convened shall be a

quorum for the purpose of transacting business.

§ 12904. (Reserved).

CHAPTER 131

TREASURER

Sec.

13101. County treasurer and eligibility.

13102. (Reserved).

13103. (Reserved).

13104. (Reserved).

13105. Misapplication of money collected for specific purposes.

13106. Deputy treasurer.

13106.1. Second deputy treasurer.

13107. (Reserved).

§ 13101. County treasurer and eligibility.

No judge, clerk or prothonotary of any court, register of

wills, recorder of deeds, county commissioner or county

controller shall be eligible to serve as county treasurer during

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their continuance in office.

§ 13102. (Reserved).

§ 13103. (Reserved).

§ 13104. (Reserved).

§ 13105. Misapplication of money collected for specific

purposes.

If money is collected by law in a county and is in the

possession or control of the treasurer of the county, it shall

be unlawful for the treasurer to apply the money to any other

purpose than that for which the money was collected unless

otherwise authorized by law. A misapplication of money under

this section shall constitute a violation of 18 Pa.C.S. § 3927

(relating to theft by failure to make required disposition of

funds received).

§ 13106. Deputy treasurer.

The county treasurer may appoint a deputy county treasurer

who shall perform duties as prescribed by the county treasurer.

§ 13106.1. Second deputy treasurer.

The county treasurer may appoint a second deputy treasurer.

The second deputy treasurer shall possess and discharge all the

rights, powers and duties of the principal deputy treasurer

during the principal deputy treasurer's and treasurer's

temporary absence.

§ 13107. (Reserved).

CHAPTER 133

COUNTY SOLICITOR

Sec.

13301. Appointment and qualifications.

13302. Duties.

13303. Employees in certain counties.

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13304. Assistant county solicitors.

§ 13301. Appointment and qualifications.

The county commissioners shall appoint a county solicitor.

The county solicitor shall be an attorney at law admitted to

practice in the courts of this Commonwealth and may be an

individual, a law firm, a partnership, an association or a

professional corporation. Before entering upon the duties of

office, the county 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.

§ 13302. Duties.

The county solicitor shall have the following duties:

(1) Commence and prosecute each suit brought, or to be

brought, by the county when the rights, privileges,

properties, claims or demands of the county are involved.

(2) Defend all actions or suits brought against the

county.

(3) Perform all duties now enjoined by law upon county

solicitors.

(4) Act professionally and render legal advice incident

to the office which may be required of the county solicitor

by the county commissioners.

§ 13303. Employees in certain counties.

In counties of the second class A and third class, the county

solicitor may, with the consent of the county commissioners,

employ clerks or assistants as may be necessary in the discharge

of the county solicitor's duties.

§ 13304. Assistant county solicitors.

(a) Appointment.--Except as provided under subsection (b),

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the county commissioners may appoint one or more assistant

county solicitors or special counsel. The assistant county

solicitors or special counsel shall be attorneys at law admitted

to practice in the courts of this Commonwealth. The assistant

county solicitors and special counsel shall perform duties in

connection with the legal affairs of the county as may be

assigned by the county commissioners or the county solicitor.

(b) Authorization.--In counties of the second class A, the

county solicitor shall have the authority to appoint assistant

county solicitors and special counsel under subsection (a),

subject to the approval of the county commissioners.

CHAPTER 135

ENGINEER

Sec.

13501. County engineer, appointment and term.

13502. Duties.

§ 13501. County engineer, appointment and term.

The county commissioners may appoint a professional engineer

in civil engineering or an engineering firm as the county

engineer. The engineer shall serve at the pleasure of the county

commissioners.

§ 13502. Duties.

The county engineer shall have the following duties:

(1) Prepare plans, specifications and estimates of all

engineering work undertaken by the county.

(2) As necessary, furnish the county commissioners with

reports, information or estimates on work.

(3) In general, perform all duties with reference to any

county engineering work as the county commissioners may

prescribe.

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(4) Perform all duties relating to surveying as may be

assigned by the county commissioners or by law.

CHAPTER 137

SHERIFF

Sec.

13701. Unfinished business of outgoing sheriff.

13702. Deputy action authorized.

13703. Chief deputy and petition.

13704. Real estate deputies.

13705. Deputies and clerks.

13706. Deputy sheriff's qualifications.

13707. False statements in deputy's affidavit.

13708. Filed items and public records.

13709. Public list of applicants for deputy sheriff.

13710. Private services, gifts and payments prohibited.

13711. Penalties.

13712. Construction.

13713. Chief deputy sheriff to act as sheriff in case of

vacancy.

13714. Sheriff to keep docket.

13715. Not to exercise office until commission granted and

recorded and penalty.

§ 13701. Unfinished business of outgoing sheriff.

(a) Unfinished business.--An outgoing sheriff shall deliver

all unfinished and unexecuted writs and process to the sheriff's

successor. The sheriff's successor shall receive and execute the

writs and process as if the writs and process had been

originally issued and directed to the sheriff's successor and

carry out and complete all other official duties of the outgoing

sheriff.

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(b) Successor powers and duties.--If real estate is sold

under an execution by a sheriff who is succeeded in office

before a deed is executed and acknowledged by the sheriff in due

form of law for the real estate, the sheriff's successor shall

execute and acknowledge a deed for the real estate to the

purchaser in the same manner as if the former sheriff were still

in office. A deed executed under this subsection shall be as

effectual in law as if the title had been completed by the

former sheriff.

necessary to authorize an incoming sheriff to carry out the

duties as prescribed by this section.

§ 13702. Deputy action authorized.

If the sheriff is required by law to act in person under or

by virtue of any writ or process issued by a court of the

Commonwealth, the sheriff may act either in person or by a

regularly appointed deputy sheriff.

§ 13703. 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. The chief deputy's appointment shall be revocable

by the sheriff by a signed revocation recorded in the office for

recording deeds. The chief deputy, during continuance in office,

may perform any duty incumbent upon the sheriff, which shall

have the effect in law as if the duty 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 subsection shall be construed to relieve

the sheriff or the sheriff's sureties from liability upon the

official bond of the sheriff or the sheriff's sureties.

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(b) Petition.--If, during a vacancy in the office of sheriff

the duties of the office cannot be discharged in accordance with

section 13713 (relating to chief deputy sheriff to act as

sheriff in case of vacancy) 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 as if the official

act had been done by the sheriff.

§ 13704. Real estate deputies.

The sheriff may appoint a real estate deputy to administer

all matters relating to the sheriff's sales of real estate and

distributions of the proceeds of the sheriff's sales of real

estate. The real estate deputy's appointment shall be made and

be revocable as provided for the chief deputy. The real estate

deputy may perform all duties incumbent upon the sheriff in the

same manner as the chief deputy and the same effect in law as if

the official duties had been performed 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 for the real estate. Nothing in this section shall operate

to relieve the sheriff or the sheriff's sureties from liability

upon official bond of the sheriff or the sheriff's sureties.

§ 13705. Deputies and clerks.

The sheriff of each county may appoint deputies and clerks to

positions established in accordance with section 14723 (relating

to number and compensation of officers, deputies, assistants,

clerks and employees and revisions of salary schedules) for the

transaction of the business of the sheriff's office. The sheriff

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may revoke the appointment of deputies in the same manner as the

chief deputy. In counties of the third, fourth, fifth, sixth,

seventh and eighth class, the sheriff may also appoint as

necessary special deputies to assist the sheriff in executing a

civil or criminal process or court order or in preserving the

peace when an emergency arises. A special deputy shall serve for

a period only as necessary to conduct the special deputy's

duties under this section.

§ 13706. Deputy sheriff's qualifications.

(a) Requirements.--A sheriff may not appoint an individual

as a chief deputy or any other deputy sheriff unless the sheriff

files with the prothonotary, before the appointment of the

individual, the name and photograph of the individual and an

affidavit of the individual setting forth the following:

(1) The full name, age and residence address of the

individual, chief deputy or other deputy sheriff.

(2) That the individual, chief deputy or other deputy

sheriff is a citizen of the United States and 18 years of age

or older.

(3) That the individual, chief deputy or other deputy

sheriff has never been convicted of a crime involving moral

turpitude under Federal or State law or the laws of another

state.

(4) That the individual, chief deputy or other deputy

sheriff has not, for a period of two years immediately

preceding the filing of the affidavit under this subsection:

(i) acted individually or as the agent or employee

of another person in a labor dispute;

(ii) provided any service as a private detective,

private police officer or private guard in a labor

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dispute;

(iii) received any fee or compensation for acting as

a private detective, private police officer or private

guard in a labor dispute;

(iv) conducted the business of a private detective

agency or any agency supplying private detectives,

private police officers or private guards in a labor

dispute; or

(v) advertised or solicited the business of a

private detective agency or any agency supplying private

detectives, private police officers or private guards in

a labor dispute.

(b) Limitation.--An individual may 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.

§ 13707. False statements in deputy's affidavit.

Any false statement contained in an affidavit filed under

section 13706 (relating to deputy sheriff's qualifications)

shall constitute and shall be punishable as perjury.

§ 13708. Filed items and public records.

The name, photograph and affidavit filed under section 13706

(relating to deputy sheriff's qualifications) with the

prothonotary shall constitute a public record.

§ 13709. Public list of applicants for deputy sheriff.

The sheriff shall, from time to time, prepare a list of the

names of all the individuals who have applied for appointment as

deputy sheriff and meet the qualifications for the position. The

list shall be posted in a public place for a period of not less

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than 10 days. After the 10 days have elapsed, the list shall be

filed in the office of the prothonotary. No deputy sheriffs

shall be appointed by the sheriff whose names do not appear on

the list.

§ 13710. Private services, gifts and payments prohibited.

(a) Services, gifts and payments.--

(1) A sheriff, deputy sheriff, detective or other county

police officer may not perform, directly or indirectly, any

official services or official duties for an individual,

association or corporation. A sheriff, deputy sheriff,

detective or other county police officer may not receive,

directly or indirectly, compensation, gifts or gratuities

from a person, association or corporation during the period

of official services. Nothing in this paragraph shall be

construed to prohibit county officers from serving writs and

other legal process as authorized by law.

(2) Compensation payable to an officer for official

duties and services shall be paid only out of the proper

county or with other public money to the amount and in the

manner prescribed by law. Gifts, donations and gratuities

made by an individual, association or corporation to the

county or an official or agent of the county shall not be

considered public money for the purposes of this paragraph.

(b) Firearms and military supplies.--

(1) A county or an official or agent of the county may

not accept as a gift, donation or gratuity any arms,

ammunition, military supplies, tear gas or equipment or

supplies or articles of a similar character.

(2) An individual, association or corporation may not

provide as a gift, donation or gratuity any arms, ammunition,

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military supplies, tear gas or equipment or supplies or

articles of a similar character to a county or an official or

agent of the county.

made in violation of the provisions of this section shall be

null and void, have no effect in law or in equity and be

declared 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 when the individual is not

scheduled to perform and is not performing a duty as a county

employee. The county shall not be liable for damage resulting

from an act of an individual engaging in outside employment as

authorized under this subsection.

§ 13711. Penalties.

A sheriff, deputy sheriff or other county police officer or

another official of the county or an individual, association or

corporation that violates the provisions of section 13706

(relating to deputy sheriff's qualifications), 13709 (relating

to public list of applicants for deputy sheriff) or 13710

(relating to private services, gifts and payments prohibited)

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.

§ 13712. Construction.

Nothing contained in section 13706 (relating to deputy

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sheriff's qualifications) or 13710 (relating to private

services, gifts and payments prohibited) shall be construed to

prohibit any of the following:

(1) The appointment, employment or compensation by a

county in the manner expressly provided by law of any of the

following:

(i) Night watchmen.

(ii) Railroad police.

(iii) Bank police.

(iv) Payroll police.

(v) Special policemen to police and protect

cemeteries and grounds and buildings open to the public,

or to enforce laws for the prevention of cruelty to

persons or animals.

(vi) Fire police whose only duty shall be to direct

traffic to or from fires and maintain order at fires.

(vii) Police or guards employed by nonprofit

corporations or organizations.

(2) The payment by an individual, association or

corporation of fees or compensation for county police or

other peace officers assigned to exhibitions, athletic

contests or other recreational activities.

§ 13713. 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:

(1) execute the office of sheriff and perform all duties

required by the office of sheriff; and

(2) receive and retain the compensation provided by law

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for sheriffs until another sheriff is commissioned and notice

is given to the chief deputy sheriff.

§ 13714. Sheriff to keep docket.

A sheriff shall provide and keep in the office of sheriff a

book in which the sheriff shall enter all writs that may be

received and the proceedings of all the writs. At the expiration

of the term of office, the book shall be deposited in the office

of the prothonotary for the inspection of all interested members

of the public.

§ 13715. Not to exercise office until commission granted and

recorded and penalty.

An individual elected or appointed to the office of sheriff

may not execute any of the duties of office before a commission

is 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. The individual elected or appointed to the office of

sheriff shall be liable to a person injured by acts done by the

sheriff under the purview of the office of sheriff.

CHAPTER 139

CORONER

Subchapter

A. Preliminary Provisions

B. General Provisions

C. Fees and Cost Recovery

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

13901. Applicability.

13902. Definitions.

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§ 13901. Applicability.

Except as otherwise expressly provided under this chapter,

this chapter shall apply to counties of the second class, second

class A and third, fourth, fifth, sixth, seventh and eighth

class.

§ 13902. Definitions.

The following words and phrases when used in this chapter

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 individual, including all of the following:

(1) Gross visual inspection and dissection of the body

and the body's 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 all of the following which are necessary to

establish and defend against challenges to the cause and

manner of death of the deceased individual:

(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 includes a medical investigator,

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forensic technician, laboratory director, forensic supervisor,

forensic investigator, scientist or autopsy or histology

technician.

SUBCHAPTER B

GENERAL PROVISIONS

13911. Deputies.

13912. Duties regarding county morgues.

13913. Removal of bodies to morgue.

13914. Removal of body, burial and vehicle.

13915. Unclaimed property and sales.

13916. Private morgue.

13917. Requests for examinations and reports.

13918. Coroner's investigation.

13919. Autopsy, inquest and records.

13920. Child deaths.

13921. Sudden death.

13922. Prohibition on moving a body.

13923. Release of coroner's jurisdiction.

13924. Cooperation with district attorney.

13925. Cooperation with other counties.

13926. Certificate of cause of death.

13927. Subpoena and attachment.

13928. Jury.

13929. Oaths.

13930. Commitment to county prison.

13931. Excluded individuals.

13932. Vacancy.

13933. Anatomical gifts.

13934. Execution of office.

13935. Records.

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§ 13911. 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 14723 (relating to number and

compensation of officers, deputies, assistants, clerks and

employees and revisions of salary schedules) as the coroner

determines. A deputy shall have the same powers as the coroner.

§ 13912. Duties regarding county morgues.

(a) Coroner.--The coroner of a county in which a county

morgue is established shall have the following duties:

(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

each individual's salary.

§ 13913. Removal of bodies to morgue.

(a) Unidentified or unclaimed body.--If the body of a

deceased individual is unidentified or unclaimed by a proper

individual located within the county, the body shall be removed

to the county morgue or, in a county of the third, fourth,

fifth, sixth, seventh and 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

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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.

§ 13914. 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.

§ 13915. Unclaimed property and sales.

(a) Duties.--The coroner shall safely keep all of the

following in the coroner's charge:

(1) The personal effects and property that appear to

have been on or about the individual 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.

direct the unclaimed or undisposed property to the county

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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 county 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.

§ 13916. Private morgue.

In a county of the third, fourth, fifth, sixth, seventh and

eighth class in which a county morgue is not maintained, the

coroner may have a body that the coroner may admit to a county

morgue removed to a private facility. The county commissioners

shall procure by contract, as under Chapter 151 (relating to

contracts), the use of a private facility in consultation with

the coroner.

§ 13917. Requests for examinations and reports.

(a) Requests.--A request for an examination or other

professional service by another county or person may be complied

with at the discretion of the coroner under guidelines

established by the county commissioners.

(b) Fees and charges.--A fee and charge for an examination

or professional service shall be established by the coroner,

subject to approval by the county commissioners, and shall be

accounted for and paid to the county treasurer as provided under

section 14960 (relating to receipts and accounts of money due

county). Payment for an examination or professional service

shall be the responsibility of the county or person requesting

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the service.

§ 13918. Coroner's investigation.

(a) Duties.--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 if 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, a death due to mechanical, thermal, chemical,

electrical or radiational injury, drowning, cave-in or

subsidence.

(4) A death in which trauma, chemical injury, drug

overdose or reaction to a drug or medication or medical

treatment was a primary or secondary, direct or indirect,

contributory, aggravating or precipitating cause of death.

(5) A perioperative death in which the death is not

readily explainable on the basis of prior disease.

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

unclaimed.

(7) A death known or suspected to be due to contagious

disease and constituting a public hazard.

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(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.

(10) A sudden and unexplained infant death.

(11) A stillbirth.

(b) Purpose.--The purpose of an investigation under

subsection (a) shall be to determine all of the following:

(1) The cause and manner of the death.

(2) If there is sufficient reason for the coroner to

believe that the death may have resulted from a criminal act

or criminal neglect of an individual other than the deceased.

subsection (a), the coroner shall determine the identity of the

deceased and notify the next of kin of the deceased.

§ 13919. Autopsy, inquest and records.

(a) Autopsy.--If, after investigation, the coroner is unable

to determine the cause and manner of death, the coroner shall

perform or order an autopsy on the body.

(b) Inquest.--If the coroner is unable to determine the

cause and manner of death following an autopsy, the coroner may

conduct an inquest upon a view of the body as provided by law.

At the inquest, the coroner shall have the following duties:

(1) Ascertain the cause of death.

(2) Determine if 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.

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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

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.

§ 13920. Child deaths.

(a) Duties.--A coroner shall perform or order an autopsy to

be conducted for the sudden unexplained death of a child who is

not more than three years of age. If an autopsy is required, the

autopsy shall be conducted in the manner the coroner determines

is the least invasive manner appropriate.

(b) Investigation.--

(1) If the coroner determines that an investigation is

appropriate in the case of the death of a child who is not

more than three years of age, the investigation shall include

the following information:

(i) Demographic information on the child and the

child's primary caregivers.

(ii) Witness interviews.

(iii) Infant medical history.

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(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.

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.

§ 13921. Sudden death.

(a) Recognition.--The coroner shall recognize a death as

sudden if all of the following apply:

(1) The death occurs without prior medical attendance by

an individual who may lawfully execute a certificate of death

in this Commonwealth.

(2) Within 24 hours of death the decedent:

(i) was discharged from medical attendance;

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

(iii) had medical attendance and the medical

attendant refuses or is unable to certify the cause of

death.

(b) Construction.--Nothing in this section may be construed

to affect the coroner's discretion in determining if a death is

suspicious or to authorize a coroner to investigate a sudden

death further than necessary to determine the cause and manner

of death.

attendance" shall include treatment or care at a facility

providing medical services, including a hospital, nursing home

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and hospice service.

§ 13922. Prohibition on moving a body.

(a) Moving a body.--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 of the following

occurs:

(1) The coroner has conducted an initial investigation

of the scene of death, including viewing and photographing

the scene in the manner that most fully discloses how the

individual died.

(2) The coroner directs or authorizes the touching of

the body and the surroundings of the body except as provided

by law or as circumstances may require.

(b) Exception.--A body on a public thoroughfare or other

place may be moved if necessary for the administration of

emergency care and as a precaution against a traffic accident or

another serious consequence that may reasonably be anticipated

if the body was left in place. The removal of the body shall be

done in a manner as to not substantially destroy or alter

possible evidence.

§ 13923. Release of coroner's jurisdiction.

If a coroner assumes jurisdiction of a body under the

provisions of this chapter or any other 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.

§ 13924. Cooperation with district attorney.

In the exercise of duties under this chapter, the coroner

shall consult with and advise the district attorney as may be

practicable. The district attorney may act as counsel to the

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coroner in matters relating to inquests.

§ 13925. 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.

§ 13926. 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; or

(2) in which the coroner has jurisdiction and no

individual duly authorized by law certifies the cause of

death.

§ 13927. Subpoena and attachment.

The coroner may issue a subpoena and attachment, which shall

be served and executed by the sheriff, coroner or coroner's

deputy, for the following purposes:

(1) A death investigation.

(2) To obtain the attendance of an individual who may be

necessary to examine as a witness at an inquest.

(3) To compel attendance by attachment in a similar

manner and extent as a court of common pleas may do in a case

pending before the court.

(4) To compel the production of any of the following:

(i) A paper.

(ii) A document in any form or media, including a

medical and mental health record.

(iii) Another object relative to the investigation

or inquest.

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§ 13928. 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 if a criminal act or neglect

of a known or unknown individual caused the death. The jury

shall be paid as provided by law in the same manner as jury

members serving the court of common pleas.

§ 13929. Oaths.

The coroner may administer an oath and affirmation to an

individual brought or appearing before the coroner. An

individual who falsely swears or affirms during the examination

commits perjury.

§ 13930. 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 while appearing before the coroner

for examination the individual refuses to:

(1) take an oath or affirmation; or

(2) answer a question asked by the coroner on the matter

of the inquest after having been sworn or affirmed.

(b) Case required.--A warrant issued under subsection (a)

shall specifically set forth the cause of the commitment to

county jail.

jail until the individual submits to be sworn or affirmed,

answers the questions of the coroner or is otherwise legally

discharged.

§ 13931. Excluded individuals.

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The following apply:

(1) In counties of the second, second A, third, fourth,

fifth, sixth, seventh and eighth class, the coroner may admit

or exclude any of the following:

(i) A member of the public from an inquest or a part

of an inquest.

(ii) 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, fourth, fifth, sixth,

seventh and 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.

§ 13932. Vacancy.

(a) Removal, death or resignation.--If a coroner is legally

removed from office, dies or resigns before the expiration of

the term for which the coroner was elected or appointed, the

chief deputy coroner shall execute the office of coroner,

perform related duties and receive and retain the compensation

provided by law for the coroner until another coroner is

appointed.

(b) Neglect or refusal.--Except as otherwise provided under

subsections (d) and (e), if an individual who is elected to the

office of coroner neglects or refuses, for the two months after

the election, to assume the duties of the office and to comply

with the requirements of the law, the office shall be deemed

vacant. The Governor shall notify the recorder of deeds and

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appoint and commission a suitable individual to fill the vacancy

during the remainder of the term.

to the coroner under subsection (b).

(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.

§ 13933. 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).

§ 13934. Execution of office.

An individual elected or appointed to the office of coroner

may not execute any of the duties of the office before a

commission has been issued 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.

§ 13935. Records.

In counties of the third, fourth, fifth, sixth, seventh and

eighth classes, every coroner, within 30 days after the end of

each year, shall deposit all official records and papers for the

preceding year in the office of the prothonotary for the

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inspection of interested members of the public.

SUBCHAPTER C

FEES AND COST RECOVERY

Sec.

13951. Disposition costs.

13952. Fees for reports.

§ 13951. Disposition costs.

(a) Cost of disposition.--If a legal representative makes a

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 section 13915 (relating to

unclaimed property and sales) shall be subject to sale to cover

the cost of disposition with the balance, if any, going to the

legal representatives. No property shall be sold under this

subsection unless the coroner has provided written notice to the

representative of all of the following:

(1) The costs of disposition.

(2) A list of the property held in accordance with

section 13915.

(3) An opportunity to pay the costs of disposition

within 60 days of the notice.

(b) Costs of securing.--If the coroner secures the premises

of the deceased, the costs of securing the premises may be

charged against the estate of the deceased.

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.

§ 13952. Fees for reports.

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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

for other reports or documents requested by nongovernmental

agencies in order to investigate a claim asserted under a policy

of insurance or to determine liability for the death of the

deceased. The fees collected under this section shall be

accounted for and paid to the county treasurer in accordance

with section 14960 (relating to receipts and accounts of money

due county) 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 under this

part or any other act.

CHAPTER 141

PROTHONOTARY, CLERK OF COURTS, CLERK OF ORPHANS' COURT,

Sec.

14101. Election of prothonotary, clerk of courts, clerk of

orphans' court, register of wills and recorder of

deeds.

14102. Office holders.

14103. Separate judicial districts.

14104. (Reserved).

14105. Appointment of first deputies.

14106. (Reserved).

14107. (Reserved).

14107.1. (Reserved).

14108. (Reserved).

14109. (Reserved).

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14110. (Reserved).

14111. (Reserved).

14112. Second deputy recorder.

14113. Clerks of recorder to administer oaths.

14114. (Reserved).

14115. (Reserved).

14116. (Reserved).

§ 14101. Election of prothonotary, clerk of courts, clerk of

orphans' court, register of wills and recorder of

deeds.

At the municipal election preceding the expiration of the

term of office of a prothonotary, clerk of the courts of common

pleas, register of wills, clerk of orphans' court or recorder of

deeds of any county and every four years thereafter, the

electors of the county shall elect an individual to fill the

office from the first Monday of January next succeeding the

election, for a term of four years and until a successor is

elected and qualified. If, under this part or other law, it is

provided that two or more offices be held by the same

individual, only one individual may be elected to hold the

office.

§ 14102. Office holders.

(a) Counties of the third and fourth classes.--In counties

of the third and fourth classes, one individual shall hold the

office of prothonotary, one individual shall hold the office of

clerk of courts, one individual shall hold the offices of

shall hold the office of recorder of deeds.

(b) Reconfiguration.--

(1) Notwithstanding subsection (a) or any other

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provision of law, a county advancing from the fifth class to

fourth class as a result of Federal decennial census data

certified after the primary election in the year of a

municipal election may maintain the configuration of offices

in effect in the county if the county, in consultation with

the president judge of the court of common pleas of the

county, deems appropriate.

(2) If a county subject to paragraph (1) determines that

reconfiguration of offices under subsection (a) or 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 when the offices are next up for election

to initiate the reconfiguration.

any other provision of law, the county commissioners of a county

advancing from the fifth class to fourth class may adopt a

resolution providing that one individual shall continue to hold

the offices of prothonotary and clerk of courts, unless an

applicable local law states otherwise.

(d) One office holder.--Notwithstanding subsection (a) or

(b) or any other provision of law, the county commissioners of a

county advancing from the fifth class to fourth class may adopt

a resolution providing that one individual shall hold the

offices of register of wills, recorder of deeds and clerk of

orphans' court, unless an applicable local law states otherwise.

(e) Counties of the fifth class.--In counties of the fifth

class, one individual shall hold the offices of prothonotary and

clerk of courts, one individual shall hold the offices of

shall hold the office of recorder of deeds, unless an applicable

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local law states otherwise.

(f) Counties advancing to fifth class.--Notwithstanding

subsection (e) or any other provision of law, the county

commissioners of a county advancing from the sixth class to

fifth class may adopt a resolution providing that one individual

shall continue to hold the offices of register of wills,

recorder of deeds and clerk of orphans' court, unless an

applicable local law states otherwise.

(g) Counties of sixth and seventh classes.--In counties of

the sixth and seventh classes, one individual shall hold the

offices of prothonotary and clerk of courts and one individual

shall hold the offices of register of wills, recorder of deeds

and clerk of orphans' court, unless an applicable local law

states otherwise.

(h) Counties of the eighth class.--In counties of the eighth

class, one individual shall hold the offices of prothonotary,

clerk of courts, clerk of orphans' court, register of wills and

recorder of deeds, unless local laws applying to the county

shall otherwise provide.

(i) Applicability.--Nothing in this section shall be

construed to repeal the act of July 2, 1839 (P.L.559, No.193),

entitled "An act to provide for the election of Prothonotaries,

Clerks, Recorders, and Registers," or the provisions of any

other local law.

(j) Offices not held.--

(1) A county in which the offices under this chapter are

not held that seeks to provide for the holding of two or more

of the offices by the same individual may, at any time:

(i) apply the provisions of this section, in whole

or in part; and

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(ii) provide for the holding of the county offices

in the manner specified under this section for the class

of counties to which the county belongs.

(2) The recombining of the offices under paragraph (1)

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 provisions of this section

authorizing the combining of the offices or any other general

law applicable to the holding of offices and to the

classification of the county.

(k) Proceedings.--The proceedings for a county to accept the

provisions of this section regarding the county's offices shall

be in accordance with section 14103 (relating to separate

judicial districts) as applicable. Upon the expiration of the

term of a county officer affected by the proceeding, the

following apply:

(1) The office of the county officer shall be joined to

another county officer whose term still continues, and no

successor shall be elected to the office.

(2) If the terms of all officers affected expire at the

same time, upon expiration the offices shall be joined and

occupied by one individual elected at the preceding municipal

election.

§ 14103. Separate judicial districts.

(a) Elections.--In each county containing 40,000

inhabitants, which has been created as a separate and

independent judicial district as provided by the Constitution of

Pennsylvania, upon acceptance of the provisions of this section

under subsection (c) and at the expiration of the terms of the

offices in that county, there shall be:

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(1) one individual elected to fill the office of

prothonotary;

(2) one individual elected to fill the office of the

clerk of the courts of common pleas;

(3) one individual elected to fill the office of

(4) one individual elected to fill the office of

recorder of deeds.

(b) Offices held.--In a county in which the offices under

this subsection were held on October 10, 1955, the offices shall

continue to be held and individuals shall continue to be elected

to fill the offices and are not subject to the acceptance of

provisions required under subsection (c).

the acceptance of the provisions of this section shall be

exercised by a decree of the court of common pleas of the

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.

§ 14104. (Reserved).

§ 14105. Appointment of first deputies.

The recorder of deeds shall appoint one first deputy to act

for the death or resignation of the first deputy's principal or

when the office becomes vacant from other causes. The register

of wills shall appoint a deputy or deputies with powers and

duties specified under 20 Pa.C.S. Ch. 9 (relating to register of

wills).

§ 14106. (Reserved).

§ 14107. (Reserved).

§ 14107.1. (Reserved).

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§ 14108. (Reserved).

§ 14109. (Reserved).

§ 14110. (Reserved).

§ 14111. (Reserved).

§ 14112. Second deputy recorder.

The recorder of deeds may appoint a second deputy recorder of

deeds. A second deputy recorder of deeds shall possess and

discharge all the rights, powers and duties of the principal

deputy recorder of deeds during the principal deputy's necessary

or temporary absence.

§ 14113. Clerks of recorder to administer oaths.

The recorder of deeds may appoint one or more clerks employed

in the recorder's office to administer oaths and affirmations to

all individuals pertaining to the business of the recorder's

office. Oaths and affirmations under this section shall have the

same force and effect as if administered by the recorder or

deputy recorder.

§ 14114. (Reserved).

§ 14115. (Reserved).

§ 14116. (Reserved).

CHAPTER 143

DISTRICT ATTORNEY, ASSISTANTS AND DETECTIVES

Subchapter

A. District Attorney

B. Assistant and Acting District Attorneys, Stenographers

and Clerks

C. County Detectives

SUBCHAPTER A

DISTRICT ATTORNEY

Sec.

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14301. District attorney, qualifications, eligibility and

compensation.

14302. Duties of district attorney and entry of nolle prosequi.

14303. Expenses incurred by district attorney.

14304. Filling of vacancies.

14305. Misconduct of district attorney.

14306. District attorney charged with crime.

14307. Legal resources for district attorney.

14308. Police radio in counties of the third class.

14309. Prosecution by private counsel.

§ 14301. District attorney, qualifications, eligibility and

compensation.

(a) Qualifications.--The district attorney must meet all of

the following qualifications:

(1) Be a resident of the county.

(2) Be at least 25 years of age.

(3) Be a citizen of the United States.

(4) Have been admitted to practice as an attorney before

the Supreme Court of Pennsylvania for at least one year

before taking the oath of office.

(5) Have resided in the county for which the district

attorney is elected or appointed for one year prior to the

election or appointment.

(b) Eligibility.--A district attorney may not be eligible

for a seat in the General Assembly or to any other office under

the laws of this Commonwealth and the Constitution of

Pennsylvania, except an office or commission under 51 Pa.C.S.

(relating to military affairs) in the militia of the

Commonwealth, the Pennsylvania Guard or the Pennsylvania

National Guard, during the district attorney's continuance in

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office.

class, the district attorney shall be a full-time position if

any of the following apply:

(1) The county commissioners have, by ordinance, fixed

the services of the district attorney at full time. An

ordinance under this paragraph 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 Pennsylvania Rules of

Appellate Procedure. An order under this paragraph shall take

effect 60 days after issuance. An order under this paragraph

directing that the office of district attorney be full time

shall be made if the president judge of the county court of

common pleas 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 exceed 200 per

year.

(ii) The average caseload for homicide cases for the

past five years equal or exceed one per year.

(iii) The county has:

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(A) a State correctional facility, juvenile

detention facility, youth development center, youth

forestry camp, other licensed residential facility

serving children and youth or mental health or

intellectual and developmental disability facility or

institution with a population exceeding 250

individuals; or

(B) more than one facility or institution listed

under clause (A) which have an aggregate population

exceeding 250 individuals.

(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) subject to the alcoholic

ignition interlock statutory provision requirements

exceeds 30 per year.

(vi) The county constitutes a single and separate

judicial district.

(d) Change prohibited.--Once the office of district attorney

becomes full time, the office may not be changed.

(e) Compensation.--A full-time district attorney shall be

compensated at $1,000 lower than the compensation paid to a

judge of the court of common pleas in the respective judicial

district.

(f) Limitations.--

(1) In a county in which the office of district attorney

is full time, the district attorney shall devote full time to

the office.

(2) A district attorney may not derive other income as a

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result of honorariums, profit shares or divisions of income

from a firm with which the district attorney was associated

prior to election of the district attorney. The limitation

under this paragraph may not be construed to preclude payment

of fees earned for legal work done prior to, but not

concluded until after the district attorney is made

full time, or until after being sworn in as a full-time

district attorney, whichever is earlier.

(3) The district attorney may not engage in 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.

(g) Outside practice.--A part-time district attorney may

have an outside practice and shall be compensated at 40% of the

annual salary payable to a judge of the court of common pleas of

the judicial district of the county.

(h) Full time.--Except as provided in subsection (c), an

office of district attorney that was part time on January 2,

2012, shall become full time as of that date.

(i) Professional conduct.--

(1) 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 insofar as the canons

apply to salaries, full-time duties and conflicts of

interest.

(2) A complaint by a resident of a county that a full-

time district attorney may be in violation of this section

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shall be made to the Disciplinary Board of the Supreme Court

of Pennsylvania. If any substantive basis is found that a

violation has been committed, the Disciplinary Board of the

Supreme Court of Pennsylvania shall proceed in the manner

prescribed by the rules of the Supreme Court of Pennsylvania

and make a recommendation for disciplinary action as the

Disciplinary Board of the Supreme Court of Pennsylvania deems

advisable. If the Disciplinary Board of the Supreme Court of

Pennsylvania deems the violation so grave as to warrant

removal from office, the prothonotary of the Supreme Court of

Pennsylvania shall transmit its findings to the Speaker of

the House of Representatives for the action as the House of

Representatives deems appropriate under Article VI of the

Constitution of Pennsylvania.

(j) Reimbursement.--The Commonwealth shall annually

reimburse each county with a full-time district attorney an

amount equal to 65% of the district attorney's salary.

§ 14302. Duties of district attorney and entry of nolle

prosequi.

The district attorney shall sign each bill of indictment and

conduct in court each criminal and other prosecution, in the

name of the Commonwealth or, if the Commonwealth is a party,

that arises in the county for which the district attorney is

elected, and perform all the duties which, prior to May 3, 1850,

were performed by deputy attorneys general. The duties conferred

shall be in addition to all other duties given to the district

attorney by other acts.

§ 14303. Expenses incurred by district attorney.

All necessary expenses incurred by the district attorney or

the district attorney's assistants or an officer directed by the

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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 by the

district attorney and the court, shall be paid by the county

from the general funds of the county. If a defendant is

convicted and sentenced to pay the costs of prosecution and

trial, the expenses of the district attorney in connection with

the prosecution shall be considered a part of the costs of the

case and shall be paid by the defendant.

§ 14304. Filling of vacancies.

If a vacancy occurs in the office of district attorney in a

county of the second A, third, fourth, fifth, sixth, seventh or

eighth class, the judges of the court of common pleas shall,

upon a showing that the first assistant district attorney

satisfies the requirements of section 14301 (relating to

d istrict attorney, qualifications, eligibility and

compensation) , appoint the first assistant district attorney to

fill the office of 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 90

days after the occurrence of the vacancy. If the first assistant

district attorney is unwilling or unable to serve or does not

satisfy the requirements of section 14301, the judges of the

court of common pleas shall fill the vacancy by the appointment

of a competent individual who satisfies the requirements of

section 14301 to fill the office until the first Monday in

January following the next municipal election occurring not less

than 90 days after the occurrence of the vacancy.

§ 14305. Misconduct of district attorney.

(a) Offense defined.--If a district attorney willfully and

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corruptly demands, takes or receives a fee or reward other than

as prescribed by law for official duties executed by the

district attorney in a criminal proceeding or if the district

attorney commits willful and gross negligence in the execution

of the duties of the office, the district attorney commits a

misdemeanor in office and, upon conviction, shall be sentenced

to pay a fine not exceeding $1,000 and to undergo imprisonment

not exceeding one year.

(a.1) Declaration of vacancy.--If a district attorney is

found guilty under subsection (a), the office of the district

attorney shall be declared vacant.

(b) Notice and probable cause.--

(1) Upon complaint in writing charging a district

attorney with willful and gross negligence in the execution

of the duties of the office, the court shall provide notice

of the complaint to the district attorney and of the time

fixed by the court for a hearing.

(2) A complaint under paragraph (1) shall be:

(i) filed in the court of common pleas of the county

in which the district attorney prosecutes the pleas of

the Commonwealth; and

(ii) verified by oath or affirmation of the person

in whose name the complaint has been filed.

(3) If after the hearing the court finds that there is

probable cause for the complaint, the court shall hand over

or commit the district attorney to answer the complaint in

due course of law. If the court finds that there is no

probable cause for the complaint, the court shall dismiss the

complaint, with reasonable costs to be assessed by the court.

§ 14306. District attorney charged with crime.

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If a district attorney is charged with a crime or

misdemeanor, before or bound over or committed by a court to

answer for willful and gross negligence in the execution of the

duties of the office, the court shall appoint a competent

attorney to prepare an indictment against the district attorney

and to prosecute the district attorney on behalf of the

Commonwealth until final judgment. The attorney shall be paid by

the county for services a reasonable compensation to be fixed by

the court. If the district attorney is convicted of a crime for

which that individual may be sentenced to imprisonment by

separate or solitary confinement at labor, the office shall be

declared vacant by the court.

§ 14307. Legal resources for district attorney.

The county commissioners may purchase, for the use of the

office of the district attorney, out of the funds of the county,

law books and other legal research resources as may be selected

by the district attorney and, in counties of the third, fourth,

fifth, sixth, seventh and eighth classes, as approved by the

president judge of the court.

§ 14308. Police radio in counties of the third class.

The district attorney of a county of the third class may,

with the consent and approval of the county commissioners and at

the expense of the county, purchase and maintain a short wave

police radio receiving and transmitting set and the necessary

accessory equipment, to be installed and used in the office of

the district attorney.

§ 14309. Prosecution by private counsel.

If a district attorney neglects or refuses to prosecute in

due form of law a criminal charge regularly returned to the

district attorney or to the court or if at any stage of the

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proceedings the district attorney and the private counsel

employed by the prosecutor differ as to the manner of conducting

the trial, the prosecutor may present a petition to the court,

specifying the character of the complaint, and verify the

petition by affidavit. If the court is of the opinion that it is

a proper case for a criminal proceeding or prosecution, the

court may direct a private counsel employed by the prosecutor to

conduct the entire proceeding and, if an indictment is

necessary, to verify the indictment by the private counsel's own

signature as fully as the indictment could be done by the

district attorney.

SUBCHAPTER B

ASSISTANT AND ACTING DISTRICT ATTORNEYS,

STENOGRAPHERS AND CLERKS

Sec.

14320. Assistant district attorneys.

14321. Designation, powers and duties of first assistant.

14322. (Reserved).

14323. (Reserved).

14324. Temporary court appointment in counties of the third,

fourth, fifth, sixth, seventh and eighth class.

14325. Indictment and cost clerk in counties of the fourth

class.

14326. Stenographers and clerks.

§ 14320. Assistant district attorneys.

(a) Appointment of assistants.--The district attorney may

appoint assistants who are licensed to practice law in this

Commonwealth to assist in the discharge of the district

attorney's duties. The number of assistants and salary shall be

fixed by the county salary board.

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(b) Appointment of temporary assistants in certain

counties.--In counties of the third, fourth, fifth, sixth,

seventh and eighth class, the district attorney may appoint

temporary assistants who are licensed to practice law in this

Commonwealth to assist in the discharge of duties, as provided

by contract or other personnel agreement with the county or the

district attorney. An attorney at law, including a deputy

Attorney General or an attorney employed by the Commonwealth,

may be appointed under this subsection.

(1) In counties of the third, fourth, fifth, sixth,

seventh and eighth class, an allegation of a violation of

this section must be timely raised prior to the participation

of the prosecutor accused of the violation.

(2) 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) Applicability.--Subsections (b) and (c) shall apply to

all cases pending on June 18, 1998, and each case thereafter,

including cases on posttrial or on appeal.

§ 14321. Designation, powers and duties of first assistant.

The following shall apply:

(1) If more than one assistant district attorney is

appointed, the district attorney shall designate one

assistant as the first assistant.

(2) The first assistant or the assistant district

attorney if only one is appointed shall, in the absence of

the district attorney from the jurisdiction or during the

district attorney's inability to perform the duties of the

office through sickness or other cause, be vested with all

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the duties, powers and privileges given by law to the

district attorney and generally shall be empowered to do and

perform all things in connection with the office that the

district attorney is authorized to do or perform.

(3) In case of an incapacity of the district attorney or

the first assistant, or both, a duty, power or privilege may

be exercised by other assistant district attorneys, if any,

as may be designated by the district attorney.

§ 14322. (Reserved).

§ 14323. (Reserved).

§ 14324. Temporary court appointment in counties of the third,

fourth, fifth, sixth, seventh and eighth class.

The court of common pleas of a county of the third, fourth,

fifth, sixth, seventh or eighth class shall temporarily appoint

a district attorney if the district attorney and the assistants

are absent from the court. An individual appointed under this

section shall perform the duties of the office until the regular

district attorney or one of the assistants appears in person to

perform the duties and shall be paid by the county as may be

fixed by the court.

§ 14325. Indictment and cost clerk in counties of the fourth

class.

The district attorney of a county of the fourth class, in

addition to other assistants authorized in this subchapter, may

appoint an assistant who is licensed to practice law in this

Commonwealth as an indictment and cost clerk to assist the

district attorney in the discharge of the district attorney's

duties.

§ 14326. Stenographers and clerks.

The salary board in a county may provide for the appointment

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by the district attorney of clerks and stenographers in the

district attorney's office as may be deemed necessary for the

proper dispatch of business.

SUBCHAPTER C

COUNTY DETECTIVES

Sec.

14340. Appointment, duties and compensation of county

detectives.

14341. Appointment of special detective with approval of court.

§ 14340. Appointment, duties and compensation of county

detectives.

(a) Counties of second class A, third and fourth class.--

(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 county 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 other county detectives as the

county salary board may authorize.

(b) Counties of fifth, sixth, seventh and eighth class.--In

counties of the fifth, sixth, seventh and eighth class, the

district attorney may appoint one chief county detective and

other county detectives as the county salary board may

authorize.

the district attorney and shall:

(1) Investigate and make reports to the district

attorney as to the conduct in office of magistrates,

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constables, deputy constables and other officers connected

with the administration of criminal law.

(2) Make investigations and endeavor to obtain evidence

required by the district attorney in criminal cases.

(3) Perform other duties as the district attorney may

direct.

(d) Powers.--

(1) County detectives shall be general police officers

and shall have the powers conferred on constables by the laws

of this Commonwealth relating to criminal law and procedures.

(2) In counties of the second class A, county detectives

shall serve subpoenas in cases in which the Commonwealth is a

party in a court of record.

(e) Fees and compensation.--

(1) In counties of the second class A, county detectives

of every grade and rank may not be entitled to receive fees

but shall receive a salary as fixed by the county salary

board and necessary traveling expenses. Upon verification by

affidavit of a detective and approval by the district

attorney, the salary and expenses of the detective 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 the amounts

according to law.

(2) In counties of the third, fourth, fifth, sixth,

seventh and eighth class, county detectives of every grade

and rank, in addition to an annual salary, shall be allowed

all expenses actually and necessarily incurred in the

performance of the duties. The salaries and expenses shall be

paid by the county as provided by law. County detectives

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shall not be entitled to fees.

§ 14341. Appointment of special detective with approval of

court.

If the court of common pleas and district attorney deem it

necessary for a particular and temporary assignment, the

district attorney of a county, with the approval of the county

salary board, may appoint a special detective, whose duty it

shall be to assist in obtaining evidence as directed by the

district attorney for the Commonwealth and to perform other

duties as the court may direct. The special detective shall be:

(1) Allowed expenses necessarily and actually incurred

in the performance of duties.

(2) A general police officer and have all the powers

that are conferred on constables under the existing laws of

this Commonwealth relating to crimes or criminal procedure.

CHAPTER 145

SALARIES OF COUNTY OFFICERS

Sec.

14501. Salaries of county officers.

14502. Insurance and other employee benefits.

§ 14501. Salaries of county officers.

(a) Amount.--Except as otherwise provided under this part or

other applicable law, salary and changes in salary of county

officers shall be set in accordance with the act of November 1,

1971 (P.L.495, No.113), entitled "An act providing for the

compensation of county officers in counties of the second

through eighth classes, for compensation of district attorneys

in cities and counties of the first class, for compensation of

district election officers in all counties, for the disposition

of fees, for filing of bonds in certain cases and for duties of

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certain officers."

(b) Construction.--Nothing in this part shall be construed

as affecting the salaries of county officers existing as of the

effective date of this section.

§ 14502. Insurance and other employee benefits.

In addition to 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 the

benefits, paid in whole or in part by the county, if the plans,

benefits or payments are offered generally to employees of the

county.

CHAPTER 147

FEES OF SALARIED COUNTY OFFICERS AND SALARY BOARDS

Subchapter

A. Fees of Salaried County Officers

B. Salary Boards

C. (Reserved)

SUBCHAPTER A

FEES OF SALARIED COUNTY OFFICERS

Sec.

14701. Fees belonging to county.

14702. System of accounts and fees paid to county treasurer.

14703. Penalty for receiving gratuities or percentages.

14704. False swearing to county accounts, bills or transcripts.

14705. Officers to be paid salaries.

14706. (Reserved).

14707. Monthly returns.

14708. Payment of certain officers.

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14709. Salaries in lieu of fees.

14710. Rights of action and remedies for collection of fees.

§ 14701. Fees belonging to county.

(a) General rule.--Except as provided under law, fees that

an elected or appointed county officer is legally authorized,

required or entitled to charge or receive belong to the county.

(b) Collection and receipt.--Each county officer shall

exact, collect and receive all fees to and for the use of the

county, except taxes and fees as are levied by the Commonwealth,

which shall be to and for the use of the Commonwealth.

official services for any purpose except for the use of the

county or the Commonwealth.

§ 14702. System of accounts and fees paid to county treasurer.

(a) System of accounts.--Each county officer receiving fees

shall keep a system of accounts, the form of which shall be

prescribed by the controller, or, if that office does not exist,

by the county auditors, on which entry shall be made of all the

money received for fees and of all money earned and chargeable

upon the county, specifying the day and date, the title of the

case, if applicable, for what service and from whom received.

(b) Duties of officer.--At the times designated by

resolution of the county commissioners but not later than the

10th day of each month, each officer shall:

(1) Pay to the county treasurer all fees received for

each designated period. Duplicate receipts shall be taken,

one of which the treasurer shall deposit with the county

controller or the chief clerk if the office of controller

does not exist.

(2) Deposit with the county controller, or in counties

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without a controller, with the county auditors a transcript,

in detail, of the officer's system of accounts for the

preceding month. The officer shall make oath or affirmation

before the county controller or the county auditors if the

office of controller does not exist that the transcript

contains a true and correct list of all the fees received,

earned or chargeable upon the county for services rendered in

the office, either by the officer, deputies or clerks, during

the preceding month that the fees were severally charged and

collected at regular rates and that the officer has not

received and is not to receive, for any official services or

duty, any other fees than those entered on the transcript.

county controller, or the county auditors in counties without a

controller, shall receive, audit and verify the returns for the

preceding month and charge the county treasurer with the money

for fees paid in.

(d) Fees for another office.--If fees are paid to an office

for services rendered or to be rendered by another office, the

officer receiving the fees shall specify the fees on the account

book and on the transcript reflecting the office to which the

fees are due.

§ 14703. Penalty for receiving gratuities or percentages.

(a) Prohibited conduct.--An officer under this subchapter

may not:

(1) Receive or stipulate to receive, from a deputy,

clerk or any person awarded a contract, money as percentage

on the salaries of the deputy or clerk or on the amounts or

profits of the contract or money as compensation for making

the appointment or contract.

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(2) Neglect to render the accounts or to pay over the

money received for fees as required by this subchapter.

(3) Willfully neglect to make proper entry in the book

required to be kept.

(4) Willfully neglect to charge the fees allowed by law

for any official services.

(5) Take any fees for the officer's own use.

(6) Fail to comply with any of the provisions of this

subchapter.

(7) Neglect to discharge any of the duties imposed on

the office.

(b) Penalty.--A violation of subsection (a) shall be deemed

a misdemeanor in office, and, in addition to other applicable

penalties, the officer shall, upon conviction, refund the money

unlawfully received and shall be deemed incapable of holding the

office.

§ 14704. False swearing to county accounts, bills or

transcripts.

(a) Perjury.--A county officer under this subchapter or

another individual who willfully swears or affirms falsely as to

the accuracy of an account, transcript or bill required in this

subchapter or in making an affidavit in reference to the

account, transcript or bill, commits perjury and, upon

conviction, shall be liable to the punishment prescribed by law

for perjury.

(b) Subornation of perjury.--An individual who procures

another individual to swear or affirm falsely in verifying any

account, transcript or bill, or in making an affidavit in

reference to the account, transcript or bill, commits

subornation of perjury and, upon conviction, shall be liable to

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the punishment prescribed by law for that offense.

§ 14705. Officers to be paid salaries.

Each county officer and their deputies and clerks shall be

paid for services rendered by fixed and specific salaries as

follows:

(1) The salaries of each officer, deputy and clerk shall

be paid out of the treasury of the county which the officer,

deputy or clerk serve to the extent that the fees collected

and paid in by each officer respectively or earned if fees

are chargeable upon the county treasury, except as provided

in section 14708 (relating to payment of certain officers).

(2) The salaries shall be paid weekly, biweekly,

semimonthly or monthly during the month in which the services

were rendered, at the discretion of the county commissioners.

(3) A voucher check or warrant may not be drawn for the

payment of an officer, deputy or clerk who has not filed the

receipt and transcript for the month as provided under this

subchapter.

§ 14706. (Reserved).

§ 14707. Monthly returns.

(a) Separate returns and payment.--Each county officer shall

make a separate return to the Department of Revenue of all taxes

or fees collected or earned for the Commonwealth by the officer,

if any, at the same time that monthly returns are made under

section 14702 (relating to system of accounts and fees paid to

county treasurer). The taxes, fees and other amounts due to the

Commonwealth shall be paid over as required, but not more often

than monthly, unless specifically provided by law or regulation.

(b) Commissions.--All commissions on the collection of taxes

and fees for the Commonwealth shall be deemed and taken as part

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of the regular fees of the county officer collecting and shall

be accounted for accordingly.

the reporting and payment of any taxes or fees and to the

treatment of commissions as are not otherwise provided for by

law.

§ 14708. Payment of certain officers.

The following shall apply:

(1) The following individuals shall be paid weekly,

biweekly, semimonthly or monthly, at the discretion of the

county commissioners:

(i) The county solicitor.

(ii) County prison warden.

(iii) County commissioners.

(iv) County controller.

(v) County surveyor or engineer.

(vi) County detectives.

(vii) County treasurer.

(viii) Interpreter of courts.

(ix) District attorney and assistants of the

district attorney.

(x) In counties of the sixth, seventh and eighth

class, all county officers for whom a salary is fixed by

law and the deputies, clerks and employees of their

respective offices.

(2) The county officers listed under paragraph (1) shall

be paid the full amount allowed under law, but all fees and

emoluments that may accrue by virtue of an office shall be

paid by the officer or employee to the county treasurer as

directed by law, and all other officers shall be paid the

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amounts assigned in accordance with this subchapter.

§ 14709. Salaries in lieu of fees.

Except to the extent this section may be inconsistent with

any other express provision of this part, the salaries fixed and

provided by law for county officers shall be in lieu of money,

fees, perquisites or mileage expenses and other allowances

received or allowed to any officer. All money, fees, perquisites

or mileage expenses and other allowances, not governed by the

exceptions, shall belong to the county and shall be paid into

the county treasury, except if required to be paid to the

Commonwealth in the manner provided by this subchapter for fees.

§ 14710. Rights of action and remedies for collection of fees.

All rights of action and all other remedies granted or

extended to a salaried county officer under this subchapter for

the collection of the officer's respective fees are extended and

shall inure to the benefit of counties for the collection of all

fees and costs that may accrue to counties under the provisions

of this subchapter.

SUBCHAPTER B

SALARY BOARDS

Sec.

14720. Salaries and compensation.

14721. Fees.

14722. Salary boards.

14723. Number and compensation of officers, deputies,

assistants, clerks and employees and revisions of

salary schedules.

14724. (Reserved).

14725. Procedure and action of salary board.

§ 14720. Salaries and compensation.

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The salaries and compensation of county officers shall be as

provided under law. The salaries and compensation of all

appointed officers and employees who are paid from the county

treasury shall be fixed by the salary board established under

section 14722 (relating to salary boards). The board of county

commissioners shall have the sole power and responsibility to

represent judges of the court of common pleas in proceedings

before the Pennsylvania Labor Relations Board or collective

bargaining negotiations involving employees paid from the county

treasury, the county and all elected or appointed county

officers having employment powers over the affected employees.

The powers authorized by the county commissioners under this

section shall not affect the hiring, discharging and supervising

rights and obligations with respect to employees as may be

vested in the judges or other county officers.

§ 14721. Fees.

(a) General rule.--A county officer shall charge and collect

the fees, mileage and emoluments of the office for the officer's

own use or for the use of the county, as provided by law.

(b) Payment of fees.--Fees, mileage and emoluments shall be

paid to the county treasurer.

be paid on or before the 10th day of each month unless otherwise

required.

§ 14722. Salary boards.

A salary board is created in each county. The following

apply:

(1) The salary board shall consist of the three

individual members of the county commissioners and:

(i) the county controller; or

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(ii) for counties without a controller, the county

treasurer.

(2) The chairperson of the county commissioners shall be

chairperson of the salary board.

(3) The county controller or county treasurer, as the

case may be, shall be secretary of the board.

(4) The salary board shall meet and organize on the

first Monday of January of each year.

§ 14723. Number and compensation of officers, deputies,

assistants, clerks and employees and revisions of

salary schedules.

(a) Setting numbers and compensation.--The following apply:

(1) At each annual meeting, the salary board, subject to

limitations imposed by law, shall fix the compensation of

each appointed county officer and the number and compensation

of the following who are paid from the county treasury:

(i) all deputies, assistants, clerks and other

individuals whose compensation is paid out of the county

treasury, except employees of county officers who are

paid by fees and not by salary;

(ii) all court criers, tipstaves and other court

employees; and

(iii) all officers, clerks, stenographers and

employees appointed by the judges of a court.

(2) Between annual salary board meetings as required by

a judge, county officer or executive head of a separate

board, commission or division whose deputies', assistants',

clerks' and employees' numbers or compensation is sought to

be fixed, the board shall meet and consider and shall fix and

determine the numbers and compensation.

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(3) All salaries fixed under this part shall be paid out

of the county treasury in the manner provided by law.

(b) Effect of section.--

(1) Upon action by the salary board under subsection

(a), the number and compensation of all the officers,

deputies, assistants, clerks and individuals are repealed.

(2) If a salary board fails to fix the number or

compensation of an officer, deputy, assistant, clerk or other

employee as required under this section, the number and

compensation shall continue, as fixed by or in accordance

with law with the same effect as though the number and

compensation had been fixed by the salary board, but the

salary board may fix any number or compensation at a later

time and with similar effect.

§ 14724. (Reserved).

§ 14725. Procedure and action of salary board.

(a) Attendance by officer or executive head.--Except as

otherwise provided in this part, when the salary board considers

the number or salaries of the deputies or other employees of a

county office or agency, the officer or the executive head of

the agency shall sit as a member of the board until the matter

affecting the office or agency is resolved.

(b) Attendance by president judge.--When the board considers

the number or salaries of court employees, the president judge

of the court shall sit as a member of the board until the matter

affecting the court criers, tipstaves or employees of the court

is resolved.

(1) When the board considers the number or salaries of

the officers or employees appointed by a judge of a court,

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the judge shall sit as a member of the board until the matter

affecting the judge's appointees is resolved.

(2) Notwithstanding any law to the contrary, in counties

of the second class A, when the board considers the number or

salaries of the employees of the prison board, the president

judge of the court of common pleas shall sit as a member of

the board, and the board shall fix the number and salaries of

the employees.

(d) Majority decision and minute book.--The following apply:

(1) The decision of a majority of members of the salary

board shall govern.

(2) Each salary board shall keep a correct minute book

of the board's proceedings in all cases heard and determined.

The minute book shall be a public record.

SUBCHAPTER C

(Reserved)

CHAPTER 149

FISCAL AFFAIRS

Subchapter

A. Fiscal Policy and Systems

B. Accounts, Audits and Reports by Controller or Auditors

C. Disbursals of County Money

D. County Treasury and County Depositories

E. (Reserved)

F. Budgets

G. Sinking Fund Commission

SUBCHAPTER A

FISCAL POLICY AND SYSTEMS

Sec.

14901. Functions of county commissioners.

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14901.1. Billing and collection of third, fourth, fifth, sixth,

seventh and eighth class county taxes.

14901.2. Collection of tax on real property from rent paid to

owner in county of the second class A.

14902. Functions of controller.

14903. Accounts of officers.

14904. Custody of documents.

14905. Financial records.

14906. Investment of money.

§ 14901. Functions of county commissioners.

The county commissioners shall be the responsible managers

and administrators of the fiscal affairs of their respective

county in accordance with this part and other applicable law.

§ 14901.1. Billing and collection of third, fourth, fifth,

sixth, seventh and eighth class county taxes.

(a) County institution district taxes.--The county

commissioners of each county of the third, fourth, fifth, sixth,

seventh and eighth class may, by resolution, provide for the

billing and collecting of all county and county institution

district taxes levied within a third class city and may, in the

resolution, vest the county treasurer with the duties and

responsibilities of billing and collecting all the taxes. The

resolution shall be adopted by the county, and the city

treasurer shall be notified of adoption of the resolution no

later than the first day for the circulation of nomination

petitions for the office of tax collector within the county and

shall take effect upon the first day of the next succeeding term

of office of tax collector following adoption of the resolution.

(b) County taxes.--The county commissioners of each county

of the third, fourth, fifth, sixth, seventh and eighth class

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may, by resolution, provide for the billing and collection of

all county taxes in municipalities existing or organized under

53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional

plan government) or under the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law, that have eliminated the elective office of tax

collector, by the authorities empowered to levy those taxes, and

by resolution, vest in the county treasurer the duties and

responsibilities of billing and collecting county taxes in those

municipalities.

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 employee 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

employee 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

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(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.

(d) Duties passing to county treasurer.--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

is 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.

(e) Appointment of other employees.--The county

commissioners may appoint other employees as may be necessary to

carry out the provisions of this section.

(f) Compensation.--

(1) Except as otherwise provided in the Local Tax

Collection Law, the compensation of personnel and other

expenses of billing and collecting county and county

institution district taxes under this section shall be paid

out of the general fund in the county treasury.

(2) Except for the county treasurer, the compensation

and number of employees shall be governed by Chapter 147

(relating to fees of salaried county officers and salary

boards).

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(3) If the county treasurer is designated as the

collector of the county and county institution district

taxes, the county treasurer may not receive added

compensation for performing these functions.

(g) Treasurer.--The county treasurer shall be governed by

the Local Tax Collection Law.

§ 14901.2. Collection of tax on real property from rent paid to

owner in county of the second class A.

(a) Rental income.--If the owner of 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 under

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

the property, the county treasurer shall notify the property

owner in writing of the property owner's duty to remit the

rental income to the office of the county treasurer. The rent

remitted shall be applied to the amount of tax owed to the

county, with any interest or penalties due, until the claim is

paid in full.

(b) Notice.--The notice under subsection (a) shall include

the amount of the claim on the property, including interest and

penalties, and each date the rental income is to be remitted.

If, after 15 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 under the

Municipal Claim and Tax Lien Law.

§ 14902. Functions of controller.

(a) Duties.--

(1) Subject to the power and duty of the county

commissioners to manage and administer the fiscal affairs of

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the county, the controller shall supervise the fiscal affairs

of the county, including the related accounts and official

acts of all officers or other individuals who shall collect,

receive, hold or disburse or be charged with the management

or custody of the public assets of the county. The

discretionary powers of the controller shall be applicable to

matters or official acts involving the accounts and

transactions of officers or other persons of the county,

including those indicated in section 14905 (relating to

financial records). The discretionary policies of the

controller may not be applicable to the establishment and

adoption of the fiscal policies of the county commissioners.

(2) The following shall apply:

(i) The controller may only refuse to authorize a

fiscal transaction which:

(A) Is, by law, subject to the controller's

supervision or control and it appears that a

transaction:

(I) Is not authorized by law.

(II) Has not been undertaken according to

law.

(III) Has not received approval according to

law.

(B) The controller desires upon reasonable

grounds to investigate for or has already discovered

fraud, flagrant abuse of public office or a criminal

act or neglect of an officer or other person of the

county relating to their public accounts and

transactions.

(ii) The controller may require from the officer or

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other person, in writing, an account of each asset which

may have come into the officer's or person's control.

(iii) Immediately on the discovery of a default or

delinquency, the controller shall report the discovery to

the county commissioners and the district attorney of the

county for prosecution as may be warranted and shall take

immediate measures to secure the public assets.

(b) Report of audit.--Under subsection (a), the county

commissioners, for the purpose of meeting Federal or State

requirements, may issue a request for proposals for and contract

with an independent certified public accountant or employ a

public accountant for the purpose of preparing or conducting a

report or audit of the fiscal affairs of the county, independent

of or in addition to, the audit conducted by the county

controller or auditors. The controller shall be afforded an

opportunity to comment on the request for proposals prior to

issuance and the contract prior to execution. The contracts

shall supplement, but not replace, the official acts and audits

of the controller.

§ 14903. Accounts of officers.

(a) Furnishing information.--If requested by the county

commissioners, the controller shall furnish a detailed account

of an officer or other individual having in that individual's

possession or under that individual's control money belonging to

the county, and shall, during regular office hours, give

information regarding the accounts to a taxpayer of the county

demanding the account.

(b) Information regarding financial institutions.--

(1) The controller shall have the power and authority to

require each county officer to make a quarterly statement

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with respect to money in the officer's possession or control

as a county officer, showing the amount of cash on hand and

the amount deposited in banks, banking institutions and trust

companies, together with the names of the institutions.

(2) The controller shall have power to examine each

account of a county officer in a bank, banking institution or

trust company to verify the accuracy of the statement of the

county officer.

(3) Each bank, banking institution or trust company, its

officers and agents shall furnish full information to the

controller in relation to the account of the county officer.

(4) No bank, banking institution or trust company, its

officers or agents shall be subject to prosecution under

other laws of this Commonwealth for disclosing information

with respect to an account of a county officer.

§ 14904. Custody of documents.

The controller shall have custody of and retain in original

or other acceptable form, as provided in the most recent edition

of the County Records Manual issued for the County Records

Committee by the Pennsylvania Historical and Museum Commission,

all title deeds to real estate owned by the county, all executed

contracts entered into by or on behalf of the county, all

records relating to the county's financial affairs and all bonds

and other obligations issued by the county, when paid. The bonds

and other obligations shall be monitored by the controller, a

ledger of which shall be maintained by the controller in a book

or an electronic file dedicated for that purpose and retained

according to the most recent edition of the County Records

Manual.

§ 14905. Financial records.

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The following shall apply:

(1) The controller shall maintain a full and regular set

of financial records, including the general ledger, in

electronic form or otherwise, which support financial

statements in accordance with generally accepted accounting

principles of all the fiscal operations of the county,

embracing as many accounts, under appropriate titles, to:

(i) meet Federal and State reporting requirements;

and

(ii) show distinctly and separately the following

records classified by reference to the subject matter:

(A) property of the county;

(B) the county's revenue and expenditures;

officers or others;

(D) the amount raised from each source of

revenue; and

(E) expenditures in detail.

(2) The controller shall select and administer the form

and manner of maintaining the records required under

paragraph (1).

(3) If the controller prescribes a change in the form

and manner of maintaining the records required under

paragraph (1), any costs necessary for implementation shall

be subject to the approval of the county commissioners.

(4) In counties without a controller, the requirements

of this section shall be fulfilled by the office of the

county commissioners.

§ 14906. Investment of money.

(a) Investment standards.--

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(1) Subject to subsection (b)(1) and any conditions and

limitations in this chapter, in counties of the second class

A, the county treasurer shall have the power to invest and

reinvest the money of the general fund and special funds as

have accumulated beyond the ordinary needs of the various

funds, and which are not authorized by law to be invested by

any board, commission or county officer, consistent with

sound business practice, subject, however, to the exercise of

that degree of judgment, skill and care under the

circumstances then prevailing which persons of prudence,

discretion and intelligence, who are familiar with the

matters, exercise in the management of their own affairs not

in regard to speculation, but in regard to the permanent

disposition of the funds, considering the probable income to

be derived therefrom as well as the probable safety of their

capital.

(2) In counties of the third, fourth, fifth, sixth,

seventh or eighth class, the county commissioners or any

individual other than a county commissioner who serves in an

elective county office, shall invest money not otherwise

required by law to be invested that the individual's office

is required to collect, administer or disburse, 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

20210SB0831PN1030 - 151 -

capital.

(b) Investment board and investment program.--

(1) In counties of the second class A, a board of

investment is 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 part

and in any other applicable statute and any rules and

regulations adopted by the board. County boards, commissions

or other county officers authorized to make investments under

subsection (a)(1) shall make investments in conformity with

the board's investment program.

(2) In counties of the third, fourth, fifth, sixth,

seventh or eighth class, the county 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 county commissioners. Other

elective officials authorized to make investments under

subsection (a)(2) shall make investments in conformity with

the investment program required under this paragraph.

Authorized types of investments or financial products for money,

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:

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(1) Obligations of:

(i) the United States or any of its agencies or

instrumentalities backed by the full faith and credit of

the United States, including United States Treasury

bills;

(ii) the Commonwealth or any of its agencies or

instrumentalities backed by the full faith and credit of

the Commonwealth; or

(iii) a political subdivision of the Commonwealth or

any of its agencies or instrumentalities backed by the

full faith and credit of the political subdivision.

(2) Deposits in savings accounts or time deposits, other

than certificates of deposit, or share accounts of

institutions insured by the Federal Deposit Insurance

Corporation or the National Credit Union Share Insurance Fund

to the extent that the accounts are insured, and, for any

amounts above the insured maximum, if approved collateral as

provided by law is pledged by the depository. Deposits under

this paragraph shall be differentiated from savings or demand

deposits as authorized by the act of July 25, 1973 (P.L.217,

No.53).

(3) 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 money in paragraphs (1) and

(2) and:

(i) The investment company is managed in accordance

with 17 CFR 270.2a-7 (relating to money market funds).

20210SB0831PN1030 - 153 -

(ii) The investment company is rated in the highest

category by a nationally recognized rating agency.

(4) 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 insured, and, for any amounts above the

insured maximum, if approved collateral as provided by law is

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

20% of a bank's total capital and surplus.

(ii) Certificates of deposit purchased from savings

and loan associations or savings banks shall be limited

to an amount equal to 20% of an institution's assets

minus liabilities.

(5) An investment authorized under 20 Pa.C.S. Ch. 73

(relating to municipalities investments), which shall be an

authorized investment for a pension or retirement fund.

(d) Limitation on certain officials.--Officials, as

authorized in subsection (a)(1) or (2), may not 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

county commissioners has prescribed.

(e) Authority of officials making investments of county

money.--Officials making investments of county money, as

authorized in subsection (a)(1) or (2), may:

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(1) Permit assets pledged as collateral under subsection

(c)(2) 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

money.

(2) Combine money from more than one fund under county

control for the purchase of a single investment, if each of

the funds combined are accounted for separately in all

respects and that the earnings from the investment are

separately and individually computed and recorded and

credited to the accounts from which the investment was

purchased.

(3) 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, if the requirements of

paragraph (2) on separate accounting of individual funds and

separate computation, recording and crediting of the earnings

from the funds are adhered to.

(4) Join with the Commonwealth, political subdivision or

redevelopment authority in the purchase of real estate for

the purposes of community and economic development.

(5) Grant money to the Commonwealth, political

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subdivision or redevelopment authority for the purposes of

supporting community and economic development projects.

(f) Income earned.--All income earned on an investment shall

inure to the benefit of the county and shall be placed in the

county general fund except as otherwise directed by the county

commissioners or restricted by law.

SUBCHAPTER B

ACCOUNTS, AUDITS AND REPORTS

BY CONTROLLER OR AUDITORS

Sec.

14920. Settlement of accounts, report to common pleas,

publications and financial report.

14920.1. Audit of additional accounts.

14921. (Reserved).

14922. (Reserved).

14922.1. (Reserved).

14923. (Reserved).

14924. (Reserved).

14924.1. Audit of insurance and escrow accounts.

14925. Power of subpoena and attachment.

14926. Power to administer oaths.

14927. Refusal to obey subpoena or submit to examination.

14928. Witness fees.

14929. Settlement of accounts on extraneous proof.

14930. Filing reports.

14931. Appeals from reports.

14932. Form of issue on appeals.

14933. Allowance of attorney fees.

14934. (Reserved).

14935. (Reserved).

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14936. (Reserved).

14937. (Reserved).

14938. (Reserved).

14939. (Reserved).

§ 14920. Settlement of accounts, report to common pleas,

publications and financial report.

(a) Reports and audit, settlement and adjustment of

accounts.--

(1) At the end of each fiscal year, the controller or

auditors, as the case may be, shall complete the audit,

settlement and adjustment of the accounts of all county

officers.

(2) The controller or auditors shall make a report,

verified by oath or affirmation, to the county court of

common pleas annually before July 1, except if the court

grants an extension of time upon due cause shown, of all

receipts and expenditures of the county for the preceding

year, in detail and classified by reference to the object

thereof, together with a full statement of the financial

conditions of the county.

(b) Notice, public inspection and costs.--

(1) Within 10 days after making a report to the court of

common pleas, notice that the report is available for public

inspection shall be published one time in at least one

newspaper of general circulation in the county as the

controller or auditors may direct and shall be posted on the

official publicly accessible Internet website of the county,

but the aggregate cost of newspaper publication may not

exceed $1,500 in any one year in a county, to be paid for out

of the county treasury.

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(2) 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.

(3) The report may also be published in printed

pamphlets at the cost of the county. The number and cost of

the pamphlets shall be determined by the controller or

auditors and the county commissioners with consideration of

current budget allocations.

Development.--The county controller shall, 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

July 1, whichever occurs first, make an annual report to the

Department of Community and Economic Development of the

financial condition of the county, on forms furnished by the

Secretary of Community and Economic Development.

(d) Penalty.--A controller or auditor refusing or neglecting

to file a report with the Department of Community and Economic

Development as required by this section commits a summary

offense and, upon conviction in a proceeding brought at the

instance of the department, shall be sentenced to pay a fine of

$5 for each day's delay beyond July 1 and costs. All fines

recovered shall be for the use of the Commonwealth.

§ 14920.1. Audit of additional accounts.

(a) Specific accounts.--The county controller or county

auditors shall audit, settle and adjust the accounts of:

(1) Each parole and probation officer appointed by a

court under law who receives money paid under an order,

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sentence or judgment of a court and report the results of the

audits to the court which appointed the officer.

(2) Money appropriated by the county to units of the

Pennsylvania 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 the governing body of

each political subdivision that is entitled or has a right to

receive money collected by the magistrate or district

justice.

(4) The treasurer of the county, along with each officer

of 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, with the State Treasury

and make a separate report 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 10 days after the

report is prepared.

(5) Other county funds as may be prescribed by law for

the controller or county auditors to audit, settle and

adjust.

(b) Taxes, penalties, fines and costs.--All taxes,

penalties, fines and costs collected by the county treasurer and

belonging to a taxing district shall be entered and carried in

the records of the county in the same manner as county money and

shall be audited in a similar manner. When the taxes, penalties,

fines or costs are paid to the taxing district entitled to them,

as provided by law, payments shall be made on voucher checks in

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the same manner as payments are made of county money.

§ 14921. (Reserved).

§ 14922. (Reserved).

§ 14922.1. (Reserved).

§ 14923. (Reserved).

§ 14924. (Reserved).

§ 14924.1. Audit of insurance and escrow accounts.

For the purposes of this part relating to the auditing of

accounts and the purchasing of insurance, money held by a county

official in escrow shall be deemed the same as county money or

public money.

§ 14925. Power of subpoena and attachment.

(a) Subpoena and power to compel.--The controller or

auditors may issue a subpoena to obtain the attendance of an

officer whose accounts the controller or auditors are required

to adjust, including an executor or administrator of the

officer, and of an individual whom it may be necessary to

examine as a witness and to compel:

(1) attendance by attachment, in accordance with the

Pennsylvania Rules of Civil Procedure, in a similar manner

and to the same extent as a court of common pleas may or can

do in cases pending before the court; and

(2) in a similar manner the production of all books,

vouchers and papers relative to the accounts.

(b) Service and execution.--The subpoena under subsection

(a) shall be served and executed by the sheriff or a constable

of the county.

§ 14926. Power to administer oaths.

(a) Power.--The controller or auditors may administer oaths

and affirmations to each individual brought or appearing before

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the controller or auditors.

(b) Penalty.--An individual swearing or affirming falsely on

examination commits perjury.

§ 14927. Refusal to obey subpoena or submit to examination.

An individual commits a misdemeanor for any of the following:

(1) Refusing to appear or produce documents after being

served a subpoena in accordance with this chapter.

(2) After appearing before the controller or auditors

for examination, refusing to take oath or affirmation.

(3) After having been sworn or affirmed, refusing to

answer questions of the controller or auditors relating to

the public accounts or the official conduct of public

officers.

§ 14928. Witness fees.

Witnesses appearing before the controller or auditors shall

receive the same allowance as is received by witnesses appearing

before the courts of this Commonwealth. The allowance shall be

paid out of the county treasury and, if final judgment is given

against an officer whose accounts are settled by the controller

or auditor, shall be included in the costs assessed against the

officer.

§ 14929. Settlement of accounts on extraneous proof.

If an individual in possession of books, vouchers or papers

relative to public accounts before the controller or auditors

refuses to produce the documents, or if an officer whose

accounts are to be settled and adjusted by the controller or

auditors refuses to attend or submit to examination, the

auditors or controller shall proceed, by the examination of

witnesses and other evidence, to ascertain and settle the amount

of public money received by the officer and its application to

20210SB0831PN1030 - 161 -

public purposes.

§ 14930. Filing reports.

(a) Filing among court records.--The reports of the

controller or auditors shall be filed among the records of the

court of common pleas of the county.

(b) Surcharge.--The amount of a balance or shortage or of an

expenditure of a kind, or made in a manner prohibited or not

authorized by statute which causes a financial loss to the

county shall be a surcharge against an officer against whom the

balance or shortage appears or against whom by vote, act or

neglect permitted or approved the expenditure. The following

apply:

(1) An elected or appointed official of a county shall

not be surcharged for an act, error or omission in excess of

the actual financial loss sustained by the county.

(2) The imposition of a surcharge shall take into

consideration as its basis the results of the act, error or

omission and the results had the procedure been conducted

strictly according to law.

(3) The provisions limiting the amount of any surcharge

may not apply to:

(i) Cases involving fraud or collusion on the part

of officers.

(ii) A penalty inuring to the benefit of or payable

to the Commonwealth.

(4) No elected or appointed official of a county may be

surcharged if the official acted in good faith reliance on a

written, nonconfidential opinion of the solicitor or on an

opinion of the solicitor publicly stated at an open meeting

of the county and recorded in the official minutes of the

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meeting. This paragraph shall not apply if a solicitor's

opinion has been rendered under duress or if the parties

seeking and rendering the solicitor's opinion have colluded

to purposefully commit a violation of law. As used in this

paragraph, the term "solicitor" shall include a county

solicitor, a solicitor appointed by an official or a special

counsel appointed by a board of commissioners or other

official for a specific matter.

(1) The amount of a balance and of an express surcharge

found in a report under subsection (a) shall, if no appeal is

taken or after an appeal has been finally determined in favor

of the county or the Commonwealth, be entered by the

prothonotary as a judgment against the officer.

(2) The Commonwealth or the county may execute a final

judgment under this section against the property of the

defaulting officer in accordance with law and rule of court.

§ 14931. Appeals from reports.

(a) Right of appeal.--An appeal may be taken from a report

to the court of common pleas by:

(1) the Commonwealth;

(2) the county;

(3) the officer; or

(4) 10 or more taxpayers on behalf of the county.

(b) Conditions.--The following apply:

(1) An appeal under subsection (a) shall be entered by:

(i) The Commonwealth within four months after the

filing of the report.

(ii) The county, the officer or taxpayers within 60

days after the filing of the report.

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(2) An appeal by officers or taxpayers may not be

allowed unless within the time of taking the appeal the

appellant secures a bond in the sum of $1,000 with sufficient

surety to prosecute the appeal and to pay the costs of

appeal. The costs of the appeal shall be paid as follows:

(i) If the appellant is a taxpayer, by the appellant

if the appellant fails to obtain a final decision more

favorable to the Commonwealth or county than that awarded

by the auditors or in the case.

(ii) If the appellant is an officer, by the

appellant if the appellant fails to obtain a final

decision more favorable to the officer than that awarded

by the auditors.

(3) Unless the bond is filed as required under this

section, the court of common pleas, upon application, shall

set aside the appeal.

(1) 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.

(2) If the surcharge is upheld on appeal to the court of

common pleas, the officer surcharged shall immediately pay

the actual loss of costs and money due to the county.

§ 14932. Form of issue on appeals.

The courts of common pleas shall direct the form in which the

issues shall be entered in all appeals from the reports of the

county controller or auditors. The issues shall be tried by a

jury or may be submitted to reference and arbitration in the

manner and subject to the proceedings provided by law.

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§ 14933. Allowance of attorney fees.

(a) Award.--Upon final determination of an appeal taken

under section 14931 (relating to appeals from reports), attorney

fees shall be awarded as follows:

(1) If the court's final determination is more favorable

to the officer involved than that awarded by the controller

or auditors, the county shall pay reasonable attorney fees,

except under paragraph (3).

(2) For an appeal taken by the Commonwealth, the county

or taxpayers, if the court's 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,

except under paragraph (3).

(3) If the court's 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 may order the

officer who is the subject of the surcharge proceeding to pay

a portion of reasonable attorney fees incurred by the

Commonwealth, county or taxpayer in connection with the

surcharge proceeding.

(b) Allocation.--The attorney fees for appeals involving

accounts other than those of county officers shall be allocated

in the court's discretion.

actions of the auditors or controllers other than appeals as

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provided in section 14931, the court may award reasonable

attorney fees to the prevailing party.

(d) Effect of section.--Nothing in this section shall be

construed as authorizing personal liability for attorney fees or

costs.

§ 14934. (Reserved).

§ 14935. (Reserved).

§ 14936. (Reserved).

§ 14937. (Reserved).

§ 14938. (Reserved).

§ 14939. (Reserved).

SUBCHAPTER C

DISBURSALS OF COUNTY MONEY

Sec.

14950. Claims against county.

14951. Procedure for approval.

14952. Claims not approved by controller.

14953. Reports to county commissioners.

14954. Fees of witnesses and jurors.

§ 14950. Claims against county.

(a) General duties.--The controller or the county

commissioners in counties without a controller shall scrutinize,

audit and decide on each bill, claim or demand against the

county, except as otherwise provided in this subchapter.

(b) Presentation of claim and evidence.--

(1) Each person with a claim shall first present the

claim to the controller or the county commissioners and, if

required, make oath or affirmation before the controller or

county commissioners to the accurateness of the claims.

(2) The controller or the county commissioners may

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require evidence by oath or affirmation of the claimant 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.

(1) The controller or county commissioners may inquire

or ascertain if:

(i) An officer or agent of the county:

(A) is interested in the contract under which a

claim may arise; or

(B) has received or is to receive a commission,

consideration or gratuity.

(ii) There has been an evasion of the provisions of

this part by making two or more contracts for small

amounts which should have been in one.

(2) Except as provided under section 15106 (relating to

conflicts of interest prohibited), if the controller or

county commissioners find that an officer or agent has a

conflict of interest under paragraph (1) or that there has

been any evasion by the officer or agent, the controller or

county commissioners shall refuse to approve the claim.

§ 14951. Procedure for approval.

(a) Counties with controller.--In counties having a

controller:

(1) The controller shall date, upon receipt, all bills,

claims and demands that the controller approves and shall

forward the bills, claims or demands along with checks to the

county commissioners for approval or, if already approved by

the county commissioners, for signatures under this section.

(2) If the county commissioners approve payment of a

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bill, claim or demand, at least two county commissioners

shall sign the check as properly drawn upon the county

treasury. In these cases facsimiles of the signatures of the

county commissioners may be used.

(3) The bill, claim or demand shall be returned to the

controller for filing in the controller's office, and the

check shall be forwarded to the county treasurer.

(4) The county treasurer shall sign the check as the

treasurer's draft upon the county treasury, but the treasurer

may not sign a check that is not already signed by the county

commissioners and the controller.

(5) Every check issued shall include reference to the

corresponding bill, claim or demand as well as the number or

numbers which may be put upon it by the county treasurer.

(6) If the county commissioners refuse to approve a

bill, claim or demand, the county commissioners shall return

the bill, claim or demand, together with the check involved

to the controller for filing in the controller's office.

(b) Counties without controller.--In counties without a

controller:

(1) The county commissioners shall approve each

transaction.

(2) The check shall be drawn by the chief clerk who

shall keep files of the bills, claims or demands.

(3) At least two county commissioners shall sign the

checks either personally or by facsimile.

(4) The checks shall be forwarded, together with a check

claim or demand providing a clear description of the nature

and purpose of the expenditure, to the county treasurer for

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the treasurer's signature.

bank record shall be filed in the office of the county

treasurer, but the treasurer shall transmit, at times the

controller shall establish, a list of all checks paid from the

county treasury not previously transmitted, along with

appropriate identification.

(d) Facsimile signature.--The county treasurer and the

controller in counties with a controller may use a facsimile

signature on a check which the county treasurer and controller

are required to sign.

(e) Effect of section.--Nothing in this section shall

preclude the receipt or transfer of money to or from the county,

or payment of a bill, claim or demand, by electronic fund

transfer if adequate and recognized fiscal and procedural

controls, together with proper system security, are in place.

§ 14952. Claims not approved by controller.

If, upon receipt, the controller does not approve a claim,

bill or demand, the controller shall within 15 days forward the

claim, bill or demand to the county commissioners, together with

notice that the controller has disapproved the claim, bill or

demand or is unable to approve the claim, bill or demand and the

reasons for the disapproval. The county commissioners shall

consider the claim, bill or demand and, if the county

commissioners consider that the claim, bill or demand should be

paid by the county, the county commissioners shall notify the

controller. If the controller continues to refuse approval, no

payment shall be made by the county except under an order of

court upon a proper issue directing the controller to approve

payment.

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§ 14953. Reports to county commissioners.

At the request of the county commissioners, the controller

shall report to the county commissioners monthly the amount of

outstanding checks registered and the amount of money in the

treasury or the amount of a particular unencumbered

appropriation item involved.

§ 14954. Fees of witnesses and jurors.

Fees of witnesses and jurors shall be ascertained by the

courts of the county entered upon the records and duly certified

by the respective clerks to the county commissioners being first

sworn to or affirmed before the controller or the chief clerk of

the county commissioners, as the case may be.

SUBCHAPTER D

COUNTY TREASURY AND COUNTY DEPOSITORIES

Sec.

14960. Receipts and accounts of money due county.

14961. (Reserved).

14962. Depositories.

14963. (Reserved).

14964. (Reserved).

§ 14960. Receipts and accounts of money due county.

(a) Duties of county treasurer.--The county treasurer shall

receive and issue receipts for money due or accruing to the

county.

(b) Accounts.--The county treasurer shall keep proper

accounts of money received and disbursed. The treasurer's

records shall be open to the inspection of the controller and

the county commissioners at all times during office hours.

received for the county and shall transmit the duplicate or

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triplicate receipts daily to the controller or to the county

commissioners in counties without a controller. The receipts

shall:

(1) be serially numbered; and

(2) indicate:

(i) the amount of money received;

(ii) the payor;

(iii) on what account the money is received; and

(iv) the date.

(d) Disbursals.--The treasurer shall keep daily records of

disbursals from the county treasury and shall forward daily

records to the controller or the county commissioners in

counties without a controller.

(e) Account information.--The controller, or the chief clerk

of the county commissioners in counties without a controller,

may review depository account information upon request from the

county depository, without prejudice to the depositories, of the

money deposited in the name of the county by the treasurer.

(f) Quarterly statements.--In counties having no controller,

the treasurer shall provide, at least quarterly and more

frequently if required, a statement of money received and

disbursed since the treasurer's last statement showing:

(1) the balance remaining in the accounts; and

(2) the names of the collectors having arrearages in

taxes with the amounts of the arrearages.

(g) Annual statements.--The treasurer shall state the

accounts at the end of each fiscal year. The statement shall be

examined by the county commissioners and delivered by the

commissioners to the county auditors for settlement.

§ 14961. (Reserved).

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§ 14962. Depositories.

(a) Designation.--The county commissioners and the county

treasurer shall designate by resolution one or more depositories

for county money. The depositories shall be banks, banking

institutions or trust companies located in this Commonwealth.

(b) Collateral.--

(1) A depository designated under subsection (a) shall,

upon receipt of notice of its designation, collateralize

deposits of public money 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," by

pledging collateral in an account in the name of the county

or utilizing 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 15 days after the end of each

month to the county commissioners in accordance with the

reporting requirements under the act of August 6, 1971

(P.L.281, No.72), including the composition of the collateral

and related market value.

(2) A county may elect to require that a depository

pledge collateral in an account in the name of the county to

collateralize deposits above the Federal Deposit Insurance

Corporation insurance limit. These accounts may be in the

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custody of 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. The agreement shall

include all of 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 the county commissioners.

(iii) If the financial institution serves as the

custodian, the pledged collateral shall be held in a

separate account, established under the act of August 6,

1971 (P.L.281, No.72), in the depository's trust

department.

(iv) The market value of the pledged collateral

shall be at least 102% 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 may not be required to secure payment

of deposits and interest insured by the Federal Deposit

Insurance Corporation.

designation of the depository, immediately transfer all county

money to be deposited and shall thereafter keep deposits solely

in the depository in the name of the county.

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(d) Withdrawals.--Withdrawals from the depository shall be

only drawn by the treasurer upon properly authorized checks or

by other commercially accepted methods of electronic funds

transfer that have been specifically approved by the county

commissioners.

(e) Loss of county money.--No county commissioner or

treasurer complying with this chapter, or their surety, may be

charged with losses of county money caused by the failure or

negligence of the depository.

§ 14963. (Reserved).

§ 14964. (Reserved).

SUBCHAPTER E

COUNTY TAXATION, BORROWING AND

TRANSFER OF FUNDS

Sec.

14970. Tax levies.

14971. Additions and revisions to duplicates.

14972. (Reserved).

14973. (Reserved).

14974. Temporary loans.

14975. Transfer of certain money into general fund of county.

14976. Supplemental appropriations, transfers of money and

appropriation limits.

14977. Banks authorized to receive taxes in counties of the

second class A.

§ 14970. Tax levies.

(a) Rate.--The county commissioners shall fix, by

resolution, the rate of taxation for each year. A tax may not be

levied under this subsection on personal property taxable for

county purposes if the rate of taxation is fixed by law other

20210SB0831PN1030 - 174 -

than at the rate fixed under this subsection. The following

shall apply:

(1) A tax for general county purposes in any county of

the second class A may not, in any one year, exceed the rate

of 40 mills on every dollar of the adjusted valuation.

(2) The rate of taxation for payment of interest and

principal on any indebtedness incurred under 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.

(3) If the rate is fixed in mills, in fixing the rate of

taxation, the county commissioners shall include in the

resolution a statement expressing the rate of taxation in

dollars and cents on each $100 of assessed valuation of

taxable property.

(b) Payments.--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 16907

(relating to annual tax), for the payment of the matters

connected with parks and related matters under section 16507

(relating to payment of expenses, taxation, annual fairs and

State contributions).

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 and annual taxes to pay the

current expense of the institution district, none of which may

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exceed 15 mills on the dollar of the last adjusted assessed

valuation for county purposes.

(d) Prohibition.--A tax may not be levied and collected on

trades, occupations and professions at the same time a per

capita tax on individuals is levied and collected.

(e) Limitations.--A tax for general county purposes in a

county of the third, fourth, fifth, sixth, seventh or eighth

class, exclusive of the requirements for the payment of rentals

to any municipal authority, may not in any one year exceed the

rate of 25 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

an additional five mills to be levied. The following shall

apply:

(1) If the rate of taxation for payment of interest and

principal on any indebtedness incurred under 53 Pa.C.S. Pt.

VII Subpt. B or any prior or subsequent act governing the

incurrence of indebtedness of the county shall be unlimited.

(2) Tax for payment of rentals to any municipal

authority shall not exceed the rate of 10 mills on every

dollar of the adjusted valuation and shall be in addition to

the 25 mill limitation for general county purposes.

(f) Statement required.--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 $100 of assessed valuation

of taxable property.

(g) Fourth, fifth, sixth, seventh or eighth class

counties.--The rate of taxation fixed for any occupation tax

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levied by a county shall not in any one year exceed 20 mills.

The county commissioners may, by resolution, abolish the levy

and collection of occupation taxes for county purposes and the

following shall apply:

(1) The county commissioners may levy and collect an

annual per capita tax on individuals for county purposes.

(2) A county which becomes a county of the third class

may collect for a period of four years after the status has

been certified a per capita tax from any individual not to

exceed a total of $5 for county purposes in any one year.

(h) Third, fourth, fifth, sixth, seventh or eighth class

counties.--A tax may not 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. The following shall apply:

(1) Per capita taxes levied upon and collected from an

individual may not exceed a total of $5 for county and

institution district purposes in any one year.

(2) A county may, by ordinance or resolution, exempt an

individual whose total income from all sources is less than

the dollar amount per annum as provided in section 301.1(b)

of the act of December 31, 1965 (P.L.1257, No.511), known as

The Local Tax Enabling Act, from any per capita tax levied

under this part.

§ 14971. Additions and revisions to duplicates.

(a) Addition to tax duplicates.--If 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 the building

is not included in the tax duplicate of the county, the

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authority responsible for assessments in the county shall, upon

the request of the county commissioners, cause to be inspected

and reassessed, subject to the right of appeal and adjustment

provided by any statute under which assessments are made, all

taxable property in the county to which major improvements have

been made after January 1 of any year.

(b) Notice of the reassessments.--Notice of the

reassessments shall be given 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 and the following shall

apply:

(1) Reassessed property shall 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.

(2) Any improvement made during any given month shall be

computed as having been made on the first of the month.

(3) A certified copy of the additions or revisions to

the duplicate shall be furnished by the county commissioners

to the proper tax collector for the county, and, within 10

days of receipt of the copy, the tax collector shall notify

the owner of the property of the taxes due the county.

(4) If an assessment is made for a portion of a year

under this section, the assessment shall be added to the

duplicate of the following or succeeding year unless the

value of the improvements has already been included in the

duplicate.

§ 14972. (Reserved).

§ 14973. (Reserved).

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§ 14974. Temporary loans.

If the money of a county has been exhausted, the county

commissioners may borrow money in anticipation of taxes to be

collected for the current fiscal year in accordance with 53

Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing), payable on a certain date, not later than the last

day of the fiscal year in which the tax anticipation note is

issued.

§ 14975. Transfer of certain money into general fund of county.

The county commissioners may transfer and cover into the

general fund of the county money placed to the credit of a city,

borough or township, if:

(1) the money has been paid into the county treasury

upon a duplicate for taxes and has remained during a period

of 10 years uncalled for by the authorities of the city,

borough or township to whose credit it may have been placed;

and

(2) the right to the money is not, at the time of the

transfer, a matter of litigation or dispute.

§ 14976. Supplemental appropriations, transfers of money and

appropriation limits.

(a) Authority.--The county commissioners have the power to:

(1) By resolution, make supplemental appropriations for

a lawful purpose from money on hand or estimated to be

received within the fiscal year and not otherwise

appropriated. This paragraph includes proceeds of borrowing

authorized by law.

(2) Authorize the transfer of:

(i) The unencumbered balance of an appropriation

item or any portion of the balance.

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(ii) The unencumbered balance or any portion of the

balance within a fund from one spending agency to

another.

(3) During the last 15 days of a fiscal year:

(i) authorize the transfer of the unencumbered

balance or any portion of the balance in a county fund to

a fund of the institution district; and

(ii) reappropriate the transferred money to the

institution district.

(b) No expenditures.--The county commissioners may not do

any of the following which would cause the sums appropriated to

be exceeded:

(1) Hiring work to be done.

(2) Purchasing materials.

(3) Making a contract.

(4) Issuing a payment order.

§ 14977. Banks authorized to receive taxes in counties of the

second class A.

(a) Scope of section.--This section applies to counties of

the second class.

(b) Designation.--The county commissioners, the county

treasurer and the county controller may designate any bank,

savings bank, bank and trust company, trust company or national

banking association, located within the county as a deputy

county tax collector for the sole purpose of receiving and

receipting for county taxes paid to the deputy county tax

collector at the collector's place of business.

responsible for losses occasioned by the failure of an

institution, for money received by it as a deputy county tax

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collector.

(d) Security.--Before entering upon the duties of receiving

and receipting for taxes, an institution shall post security in

an amount as determined by the county commissioners, the county

treasurer and the county controller, to ensure the faithful

performance of duties and the remission of taxes and money

received.

(e) Functions.--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. The payment shall be accompanied by

an itemized statement identifying:

(1) the tax paid;

(2) the date of payment; and

(3) the payor.

(f) Compensation and expenses.--A deputy tax collector:

(1) Shall not be allowed compensation or commission for

acting as a deputy tax collector.

(2) Shall be reimbursed for expenses actually incurred

in transmitting money and records of payments to the county

tax collector.

SUBCHAPTER F

BUDGETS

Sec.

14980. Fiscal year and preparation of proposed annual budget.

14981. (Reserved).

14982. Adoption of budget, publication of proposed budget and

notice of final action date.

14982.1. Amended budget and notice.

14982.2. Delivery of tax duplicates.

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14982.3. Amending budget, levy and tax rate, revising tax

duplicates and filing.

14983. Annual budget appropriations and tax rate.

14984. (Reserved).

14984.1. Taking of money and property.

14984.2. Capital reserve fund for anticipated capital

expenditures.

14984.3. Operating reserve fund.

14985. Committee to prepare uniform forms.

§ 14980. Fiscal year and preparation of proposed annual budget.

(a) Fiscal year.--The fiscal year of each county shall begin

on January 1 and end on December 31 of each year.

(b) Preparation of proposed budget.--At least 90 days prior

to adopting the budget, the county commissioners 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 provided under

subsection (c) or by the county commissioners, a finance

department or a designated person employed and qualified by the

county commissioners.

commissioners, but in no case less than 60 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 immediately preceding fiscal year and a comparative

statement of expenditures, including interest due and to

become due on the lawful interest-bearing debts of the county

for the same years. In counties in which the controller is a

participant in the development of the budget, the controller

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shall also include balances projected for the close of the

current fiscal year.

(2) The amounts of the appropriation requests, submitted

to the controller or to the county commissioners and supplied

by the county commissioners to the controller, from the

county offices and agencies, including estimates of

expenditures contemplated by the county commissioners as

forwarded by the county commissioners to the controller.

(d) Form.--The information requested by the county

commissioners under subsection (b) or (c) shall be in the form

requested by the commissioners or on forms furnished by the

Department of Community and Economic Development under this

subchapter. With this information as a guide, the county

commissioners shall, within a reasonable time, begin the

preparation of a proposed budget for the succeeding fiscal year.

§ 14981. (Reserved).

§ 14982. Adoption of budget, publication of proposed budget and

notice of final action date.

(a) Publication of proposed budget and adoption of budget.--

The proposed budget shall be prepared and adopted as follows:

(1) The public shall be given notice by publication in

one newspaper of general circulation at least 20 days before

the date set for the adoption of the budget that the proposed

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) Revision of proposed budget.--If any revision of the

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proposed budget is made after the budget has been published

under subsection (a) which would increase the estimated

expenditures in the adopted budget by more than 10% in the

aggregate over the proposed budget as made available for public

inspection, the revised budget may not be adopted with any

increases unless the budget is made available for public

inspection and for protest of any increases for a period of at

least 10 days after notice to that effect is published.

§ 14982.1. Amended budget and notice.

(a) Amended budget.--During the month of January next

following a municipal election, the county commissioners may

amend the budget and the levy and tax rate to conform with the

amended budget.

(b) Notice.--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 10 days at a location specified in

the notice.

adopted by the county commissioners after the public inspection

period and no later than February 15. A proposed amended budget

may not be revised upward in excess of 10% in the aggregate.

§ 14982.2. Delivery of tax duplicates.

(a) Delivery of tax duplicates.--The county commissioners

shall prepare and deliver the duplicates of taxes assessed to

the respective tax collectors, together with the warrant for the

collection at least 15 days prior to the date of the tax bill.

(b) Alternative delivery date.--Notwithstanding the

provisions of subsection (a), the county commissioners shall

have the option to prepare and deliver the duplicates of taxes

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assessed to the respective tax collectors, together with the

warrant for collection no later than the final date for a school

district to prepare 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, if the

county commissioners:

(1) find that exercise of the option will result in cost

savings compared to proceeding under the deadline imposed

under subsection (a); and

(2) adopt a resolution that refers to the finding.

§ 14982.3. Amending budget, levy and tax rate, revising tax

duplicates and filing.

At any time prior to the time tax duplicates are sent by the

county in any year, the county commissioners may amend the

budget and the levy and tax rate and revise the tax duplicate to

conform with its amended budget if the county receives

unanticipated revenues that may be expended during the county's

fiscal year that may enable the county commissioners to reduce

the levy and tax rate to conform with its amended budget.

§ 14983. Annual budget appropriations and tax rate.

The budget shall reflect as nearly as possible the estimated

revenues and expenditures for the year for which the budget is

prepared. Upon adopting the budget, the county commissioners

shall:

(1) adopt the appropriation measures required to put the

budget into effect; and

(2) fix the rate of taxation upon the valuation of the

property taxable for county purposes that, together with the

other estimated revenues of the county, excluding operating,

capital and other reserve funds, raise a sufficient sum to

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meet the expenditures.

§ 14984. (Reserved).

§ 14984.1. Taking of money and property.

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.

§ 14984.2. Capital reserve fund for anticipated capital

expenditures.

(a) Capital reserve fund.--The county commissioners shall

have the power to create and maintain a separate capital reserve

fund for anticipated legal capital expenditures. Money in the

fund shall be used for the construction, purchase or replacement

of or addition to county buildings, equipment, machinery, motor

vehicles or other capital assets of the county.

(b) Deposits.--The county commissioners may annually

appropriate money from the general county fund, not to exceed

10% of a county's operating budget, to be paid into the capital

reserve fund or place in the fund any money received from the

sale, lease or other disposition of county property or from any

other source unless received or acquired for a particular

purpose.

invested, reinvested and administered and the money and income

from the fund expended for any purpose for which the fund is

created, as may be determined by the county commissioners. The

money in the fund, when invested, shall be invested in a manner

consistent with the provisions of section 14906 (relating to

investment of money). This subsection may not be construed to

limit the powers of the county to the use of money in the

capital reserve fund in making lawful capital expenditures.

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§ 14984.3. Operating reserve fund.

(a) Operating reserve fund.--The county commissioners shall

have the power to create and maintain a separate operating

reserve fund in order to:

(1) minimize future revenue shortfalls and deficits;

(2) provide greater continuity and predictability in the

funding of vital government services;

(3) minimize the need to increase taxes to balance the

budget in times of fiscal distress;

(4) provide the capacity to undertake long-range

financial planning; and

(5) develop fiscal resources to meet long-term needs.

(b) Appropriations from general county fund.--The county

commissioners may annually make appropriations from the general

county fund to the operating reserve fund, but no appropriation

may be made to the operating reserve fund if the appropriation

would cause the fund to exceed 25% of the estimated revenues of

the county's general fund in the current fiscal year.

may, by resolution, make appropriations from the operating

reserve fund only to:

(1) meet emergencies involving the health, safety or

welfare of the residents of the county;

(2) counterbalance potential budget deficits resulting

from shortfalls in anticipated revenues or program receipts

from any source;

(3) counterbalance potential budget deficits resulting

from increases in anticipated costs of goods or services; or

(4) provide for anticipated operating expenditures

related either to the planned growth of existing projects or

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programs or 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) Administration of fund.--The operating reserve fund

shall be invested, reinvested and administered in a manner

consistent with the provisions of section 14906 (relating to

investment of money).

§ 14985. Committee to prepare uniform forms.

(a) Committee to prepare forms.--The report forms specified

in this chapter shall be prepared by a committee. The committee

shall consist of the following members:

(1) The Secretary of Community and Economic Development

or the secretary's designee, who shall be trained in the

field of municipal finance.

(2) One member of the Senate and one member of the House

of Representatives, who shall be members of the Local

Government Commission, appointed by the majority chairperson

of the commission.

(3) Three representatives from the County Commissioners

Association of Pennsylvania.

(4) Three representatives from the Pennsylvania State

Association of County Controllers.

(5) Three representatives from the Pennsylvania State

Association of County Auditors.

(6) One certified public accountant.

(b) Appointment of committee members.--Except for the

certified public accountant who shall be appointed by the

Governor, the committee members shall be appointed by the

president of each organization. For representatives of the

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county commissioners, one shall be appointed from a county of

either the third or fourth class, one from a county of either

the fifth or sixth class and one from a county of either the

seventh or eighth class. The president of each organization

shall supply to the Department of Community and Economic

Development the names and addresses of the representatives

immediately upon appointment.

serve without compensation but shall be reimbursed by the

Commonwealth for all necessary expenses incurred while attending

meetings of the committee.

(d) Meetings.--The committee shall meet at the call of the

Secretary of Community and Economic Development or the

secretary's designee, who shall serve as chairperson of the

committee. The Secretary of Community and Economic Development

shall call meetings of the committee at the request of the

secretary of any of the associations represented under

subsection (a). There shall be at least two weeks' notice to

each member of the committee of any meeting.

(e) Preparations of forms.--In preparing the uniform forms

for annual reports, the committee shall give careful

consideration to the differing legal requirements and needs of

the counties, producing, if necessary, separate forms for

certain classes of counties or groups of classes.

(f) Oversight.--The Secretary of Community and Economic

Development or the secretary's designee shall ensure that the

forms required under this section are prepared in cooperation

with the committee. If the committee fails to cooperate, the

Secretary of Community and Economic Development or the

secretary's designee shall complete the preparation of the

20210SB0831PN1030 - 189 -

forms. The Secretary of Community and Economic Development shall

issue and distribute the forms annually, as needed, to the

county commissioners, controller or auditors of each county.

(g) Changes to forms.--The Secretary of Community and

Economic Development shall include within the report forms

specified in this section the changes necessitated under this

part in regard to property, powers, duties and obligations of

institution districts transferred to counties. The committee may

not be held responsible for the changes to the forms.

(h) Accounting and fiscal practices.--The Secretary of

Community and Economic Development shall convene the committee

to assist counties in developing appropriate accounting and

fiscal practices in compliance with generally accepted

accounting principles.

SUBCHAPTER G

SINKING FUND COMMISSION

Sec.

14990. Membership.

14991. Management of sinking funds.

14992. Bonds of county held by commission.

14993. Pay off, cancellation, priority and sale of county

bonds.

14994. (Reserved).

14995. Investment of sinking fund money.

§ 14990. Membership.

Each county may establish a sinking fund commission. The

sinking fund commission shall be composed of:

(1) the county commissioners;

(2) the controller, or auditors in counties without a

controller; and

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(3) the treasurer.

§ 14991. Management of sinking funds.

(a) Income.--The sinking fund commission shall annually

apply the interest received on sinking fund deposits, the

interest received on bonds held in the sinking fund and all

other income, if any, from the sinking fund for the purpose of

reducing the amount of money required to be paid by the county

for sinking fund purposes for the following year, unless the

income is necessary to pay the bonds of the county as the bonds

mature and become payable. The income and the amount required to

be paid by the county for sinking fund purposes shall annually

equal the full amount required to be paid for sinking fund

purposes to the several sinking funds.

(b) Sale of bonds.--The sinking fund commission may,

whenever the commission deems necessary and for the best

interest of the several sinking funds, sell any bonds held by

the commission other than bonds of the county itself.

§ 14992. Bonds of county held by commission.

(a) Bonds generally.--The bonds of the county held by the

sinking fund commission shall be stamped in a conspicuous manner

to show that the bonds have been purchased for the sinking fund.

The bonds may not be reissued or sold.

(b) Interest.--The sinking fund commission may not require

the county to pay interest on any of the bonds held by the

commission, unless the commission deems the payment of interest

necessary for the purpose of having adequate money on hand to

pay the bonds of the county as the bonds mature and become

payable.

the sinking fund commission shall be canceled immediately upon

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maturity.

§ 14993. Pay off, cancellation, priority and sale of county

bonds.

(a) Pay off and cancellation of bonds.--In order to

facilitate the extinguishment of the county debt, the county

bonds purchased by the sinking fund commission shall be paid off

and canceled according to the priority of maturity. The

commission may, at the commission's discretion, withhold the

purchase of the maturing county bonds until after bonds

purchased from a later issue of county bonds shall be paid off

and canceled.

(b) Sale of bonds.--If the sinking fund commission does not

have sufficient money to meet the payment of the earlier

maturing bonds, the bonds shall be sold by the commission at not

less than par.

§ 14994. (Reserved).

§ 14995. Investment of sinking fund money.

The sinking fund commission shall have the power to invest

county sinking funds as authorized by the act of July 12, 1972

(P.L.781, No.185), known as the Local Government Unit Debt Act,

and liquidate the investment, in whole or in part, by disposing

of securities or withdrawing money on deposit. Any action taken

to make or to liquidate any investment shall be made by the

commission.

CHAPTER 151

CONTRACTS

Sec.

15100. Contracting.

15101. Commissioners sole contractors for county generally.

15102. Contract procedures, terms and bonds and advertising for

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bids.

15103. Evasion of advertising requirements.

15104. (Reserved).

15105. Sales of personal property and surplus farm products.

15106. Conflicts of interest prohibited.

15107. Application of contract provisions.

15107.1. Printing contracts.

15107.2. Prohibited contract provisions.

§ 15100. Contracting.

The county commissioners may make contracts for lawful

purposes and for executing the provisions of this chapter and

the laws of this Commonwealth.

§ 15101. Commissioners sole contractors for county generally.

(a) Contracts for services and personal property.--In

counties of the third, fourth, fifth, sixth, seventh or eighth

class, the county commissioners shall contract for and purchase

the services referred to in section 12508 (relating to office

supplies) and personal property for county officers and

agencies. A contract and purchase not in excess of the base

amount of $18,500, subject to adjustment under subsection (c),

shall be by note or memorandum, in writing, signed by the

county commissioners or their designees. A copy of the note and

memorandum and the executed written contract, or electronic copy

of the executed written contract, shall be filed in the office

of the controller, or in a county without a controller, with the

chief clerk of the county commissioners.

(b) Price quotations.--

(1) Except as otherwise provided in section 15102(h)(4)

(relating to contract procedures, terms and bonds and

advertising for bids), for counties of the third, fourth,

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fifth, sixth, seventh or eighth class, written or telephonic

price quotations from at least three qualified and

responsible contractors shall be requested for the contracts

in excess of the base amount of $10,000, subject to

adjustment under subsection (c), but less than the amount

requiring advertisement and competitive bidding. 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.

(2) A written record of telephonic price quotations

shall be made and shall contain at least:

(i) the date of the quotation;

(ii) the name of the contractor and the contractor's

representative;

(iii) the construction, reconstruction, repair,

maintenance or work which was the subject of the

quotation; and

(iv) the price.

(3) Written price quotations, written records of

telephonic price quotations and memoranda shall be retained

for a period of three years.

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 12-month period

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ending September 30, 2012, and for each successive 12-month

period thereafter.

(2) If the department determines that there is no

positive percentage change, no adjustment to the base amounts

shall occur for the relevant time period provided for in this

subsection.

(3) If the department determines that there is a

positive percentage change in the first year that the

determination is made under paragraph (1):

(i) 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; and

(ii) the preliminary adjusted amounts shall be

rounded to the nearest $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:

(i) 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; and

(ii) the sums shall be rounded to the nearest $100

to determine the new final adjusted base amounts for

purposes of subsections (a) and (b).

(5) The determinations and adjustments required under

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this subsection shall be made in the period between October 1

and November 15 of the year following November 3, 2011, 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 transmit notice to the

Legislative Reference Bureau for publication in the

Pennsylvania Bulletin prior to January 1 of each calendar

year of the annual percentage change determined under

paragraph (1) and the unadjusted or final adjusted base

amounts determined under paragraphs (3) and (4) at which

competitive bidding is required under subsection (a) and

written or telephonic price quotations are required under

subsection (b), respectively, for the calendar year beginning

January 1 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) may not exceed

3%.

(d) Wholesale purchases.--The county commissioners shall, if

possible, anticipate the needs of the various officers, agencies

and operations of the county and endeavor to purchase in

wholesale quantities, if practicable and if savings could be

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achieved by wholesale purchase.

(e) Purposes of contracts and purchases.--The county

commissioners may make contracts and purchases for all purposes

expressly or impliedly authorized by law.

§ 15102. Contract procedures, terms and bonds and advertising

for bids.

(a) Contract requirements.--A contract for services and

personal property in which the base amount of the contract

exceeds the sum of $18,500, subject to adjustment under section

15101(c) (relating to commissioners sole contractors for county

generally), shall be in writing and shall, except as otherwise

specified, be made by advertising for bids.

(b) Bids.--

(1) Contracts or purchases in excess of the base amount

of $18,500, subject to adjustment under section 15101(c),

except those specified in subsection (h) and except as

provided by the act of October 27, 1979 (P.L.241, No.78),

entitled "An act authorizing political subdivisions,

municipality authorities and transportation authorities to

enter into contracts for the purchase of goods and the sale

of real and personal property where no bids are received,"

must be made:

(i) with and from the lowest responsible and

responsive bidder submitting a bid in conformity with the

specifications approved by the county commissioners for

the contract or purchase;

(ii) after due notice in one newspaper of general

circulation, published or circulating in the county:

(A) at least two times at intervals of not less

than three days where daily newspapers of general

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circulation are employed for such publication; or

(B) once a week for two successive weeks where

weekly newspapers are employed.

(2) The first notice under paragraph (1)(ii) shall be

published not less than 10 days prior to the date fixed for

the opening of bids.

(3) The requirements of this subsection need not be

followed in cases of emergency, but in emergency cases the

actual emergency shall be declared and stated by resolution

of the county commissioners.

by the controller, or, for a county without a controller, by the

chief clerk of the county commissioners, in sealed envelopes.

The following apply:

(1) For 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. 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 county commissioners.

(2) For 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 county commissioners or their designee. The

controller or the chief clerk, shall keep a record of the

bids.

(d) Entire amount.--

(1) The amount or price of the contract shall be the

entire amount which the county pays to the successful bidder

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or the bidder's assigns less the value of personal property

transferred from the county to the bidder or the bidder's

assigns at any time during the duration of the contract, in

order to obtain the services or property, or both. The amount

of the contract may not be construed to mean only the amount

that is paid to acquire title or to receive any other

particular benefit of the whole bargain.

(2) The value of personal property transferred to the

bidder or the bidder's 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) Acceptance of bids.--

(1) The acceptance of bids by advertising required under

this section shall be made by the controller, for a county of

the second class A, or by the county commissioners, for a

county of the third, fourth, fifth, sixth, seventh or eighth

class. The acceptance of bids shall only be made by public

announcement at the meeting at which bids are opened, or at a

subsequent meeting, the time and place of which shall be

publicly announced when bids are opened. If for any reason

the award is not made at either of the 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 the award.

(2) The contract shall be awarded, or the bids shall be

rejected, within 30 days of the opening of the bids, except

for bids subject to 62 Pa.C.S. (relating to procurement). A

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30-day extension of the date for the award may be made by the

mutual written consent of the county commissioners and any

bidder that wishes to remain under consideration for award.

The county 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 the bidder from any bid

bond or similar bid security furnished under subsection (f).

(3) A contract shall be filed with the controller, or

with the chief clerk as the case may be, immediately after

the execution.

(f) Security permitted.--The county commissioners may

require, as a necessary condition of considering a bid, that any

bids advertised be accompanied by a cashier's check or other

irrevocable letter of credit in a reasonable amount drawn upon a

bank authorized to do business in this Commonwealth or by a bond

with corporate surety in a reasonable amount. In the event a

bidder shall, upon award of the contract to the bidder, fail to

comply with the requirements of subsection (g) as to security

guaranteeing the performance of the contract, the security

furnished under this subsection shall be forfeited to the county

as liquidated damages.

(g) Security required.--If a formal bid is required by this

chapter, the successful bidder may be required to furnish a bond

or irrevocable letter of credit or other security in an amount

sufficient to the county commissioners guaranteeing performance

of the contract within 30 days after the contract has been

awarded, unless the county commissioners 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

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kind shall furnish security as provided in section 16118

(relating to contract performance security and payment bonds).

Performance security for services and contracts for labor and

materials delivered on a periodic basis, including 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 county commissioners.

Upon failure to furnish the 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 under subsection (h).

(h) Exceptions.--Contracts or purchases made by the county

commissioners for the following may not require advertising,

bidding or price quotations:

(1) Maintenance, repairs or replacements for water,

electric light or other public works if not new additions,

extensions or enlargements of existing facilities and

equipment. Security may be required by the county

commissioners as in other cases for work done.

(2) Improvements, repairs and maintenance, made or

provided by the county through its own employees. This

paragraph does not apply to construction materials used in a

street improvement.

(3) Particular types, models or pieces of new equipment,

articles, apparatus, appliances, vehicles or parts thereof

requested by the county commissioners, which are patented and

manufactured or copyrighted products.

(4) Policies of insurance or surety company bonds.

(5) Public utility service and electricity, natural gas

or telecommunication services, provided that, for utilities

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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 15101(b).

(6) Services of members of the medical or legal

profession, registered architects, engineers, certified

public accountants or other personal services involving

professional expertise.

(7) Materials, supplies and equipment 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.

(8) Tangible client services provided by nonprofit

agencies. For the purposes of this paragraph, the term

"tangible client services" shall mean congregate meals, home-

delivered meals, transportation or chore services provided

through area agencies on aging.

(9) The sale, lease or loan of supplies or materials to

the county by a public body if the price is not in excess of

that fixed by the public body. The requirements of 53 Pa.C.S.

Ch. 23 Subch. A (relating to intergovernmental cooperation)

may not apply when a county purchases cooperatively with

another public body that has entered into a contract for

supplies or materials. As used in this paragraph, the term

"public body" shall mean any of the following:

(i) the Federal Government;

(ii) the Commonwealth;

(iii) any other state;

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(iv) a political subdivision, local or municipal

authority, council of government, entity created in

accordance with 53 Pa.C.S. Ch. 23 Subch. A or other

similar local entity of the Commonwealth or any other

state; or

(v) an agency of the Federal Government, the

Commonwealth or any other state.

(10) The purchase of milk for counties of the second

class A.

(11) Construction management services.

(12) Computer software.

(i) Contracts for technology and information systems.--

(1) Notwithstanding the provisions of this chapter to

the contrary, the county commissioners shall have authority

to enter into contracts for equipment and services related to

technology and information systems on the basis of best value

procurement.

(2) 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:

(i) the objectives to be met by the system;

(ii) the tasks to be performed by the system;

(iii) the users of the system;

(iv) system security issues;

(v) the time frame for system implementation;

(vi) potential operating technologies;

(vii) compatibility with existing systems;

(viii) training and maintenance; and

(ix) the process by which the contract shall be

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awarded.

(3) Best value procurement may not require a sealed bid

process and shall permit the county commissioners to

negotiate the terms of the agreement with any responsive and

responsible vendor.

(j) Other acts.--A contract subject to this chapter shall

comply, as applicable, with the provisions of:

(1) The act of August 15, 1961 (P.L.987, No.442), known

as the Pennsylvania Prevailing Wage Act.

(2) The act of December 20, 1967 (P.L.869, No.385),

known as the Public Works Contractors' Bond Law of 1967.

(3) The act of January 23, 1974 (P.L.9, No.4), referred

to as the Public Contract Bid Withdrawal Law.

(4) The act of March 3, 1978 (P.L.6, No.3), known as the

Steel Products Procurement Act.

(5) The act of February 17, 1994 (P.L.73, No.7), known

as the Contractor and Subcontractor Payment Act.

(6) 62 Pa.C.S. Chs. 37 Subch. B. (relating to motor

vehicles), 39 (relating to contracts for public works) and 45

(relating to antibid-rigging).

(k) Shared fees and compensation.--Individuals, consultants,

firms or corporations contracting with a county for purposes of

rendering personal or professional services to the county may

not share with a county officer or employee, and county officers

or employees may not 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 county commissioners.

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(2) The county commissioners must approve the sharing of

any fee or compensation for personal or professional services

prior to the performance of the services.

(3) Fees or compensation for personal or professional

services may not be shared except for work actually

performed.

(4) Shared fees or compensation for personal or

professional services may not be paid at a rate in excess of

that commensurate for similar personal or professional

services.

(l) Electronic bidding.--Nothing in this part shall be

construed as prohibiting a county from electronic bidding to the

extent authorized by 62 Pa.C.S. Ch. 46 (relating to electronic

bidding by local government units).

§ 15103. Evasion of advertising requirements.

(a) Prohibition.--

(1) No commissioner may evade the provisions of section

15102 (relating to contract procedures, terms and bonds and

advertising for bids), for 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 $18,500, subject to adjustment under section

15101(c) (relating to commissioners sole contractors for

county generally), 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

$18,500, subject to adjustment under section 15101(c). This

paragraph 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

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requirement price, or by making several simultaneous

purchases or contracts each below that price, if in either

case the transaction involved should have been made as one

transaction for one price.

(2) Commissioners who vote in violation of this

provision and who know that the transaction upon which the

commissioners so vote is or should 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.

(3) If it appears that a county commissioner may have

voted in violation of this section, but the purchase or

contract on which a county commissioner voted was not

approved by the board of commissioners, this section shall be

inapplicable.

(b) Criminal offense.--Each county commissioner who votes to

unlawfully evade section 15102 and who knows that the

transaction is or should be a part of a larger transaction and

that it is being divided in order to evade the requirements as

to advertising for bids commits a misdemeanor of the third

degree for each contract entered into as a direct result of that

vote. This penalty shall be in addition to any surcharge that

may be assessed under subsection (a).

§ 15104. (Reserved).

§ 15105. Sales of personal property and surplus farm products.

(a) General rule.--Personal property and surplus farm

products of the county may not be disposed of by sale or

otherwise, except upon resolution of the county commissioners.

(b) Small lots.--If the county commissioners approve a sale

of the property or farm products, the commissioners shall

20210SB0831PN1030 - 206 -

estimate the sale value of the entire lot to be disposed of,

and, if the estimate is less than $2,000, the commissioners

shall require notice of the proposed sale to be posted, for at

least 10 days, in a prominent place in the courthouse,

describing and itemizing the property to be sold, and directing

that bids may be made at the office of the chief clerk of the

county commissioners. After the notice period, the county

commissioners may sell the property in whole or in part for the

best price or prices obtainable.

sale value of the personal property or of the surplus farm

products to be sold at $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 advertised

shall be made to the highest and best bidder. The bids may not

be opened until at least 10 days after the advertisement.

(d) Auctions.--The county commissioners may sell any

property at auction, but the notice contained in this section

shall be likewise observed as to the holding of auction sales.

(e) Exceptions.--The provisions of this section may not be

mandatory if county property is to be traded-in or exchanged for

new personal property. The provisions of this section may not

apply to sale of personal property with real property as a

single unit under section 16106.1 (relating to authority to sell

certain property as a single unit).

(f) Electronic auctions.--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

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shall have the capability to view the bidder's bid rank or the

high bid price. Bidders may increase bid prices during the

electronic auction. The record of the electronic auction shall

be accessible as a public record under the provisions of the act

of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law. The purchase price shall be paid by the high bidder

immediately or at a reasonable time after the conclusion of the

electronic auction as determined by the county commissioners. In

the event that shipping costs are incurred, the shipping costs

shall be paid by the high bidder. A county that has complied

with the advertising requirements of this section may provide

additional notice of the sale by bids or public auction in any

manner deemed appropriate by the county commissioners. The

advertisement for electronic auction sales authorized in this

subsection shall include the publicly accessible Internet

website of, or means of accessing, the electronic auction and

the date, time and duration of the electronic auction.

§ 15106. Conflicts of interest prohibited.

(a) General rule.--Except as provided in subsection (b),

restrictions on the involvement of elected and appointed county

officers in a county contract shall be as prescribed in 65

Pa.C.S. Ch. 11 (relating to ethics standards and financial

disclosure) and the limitations and procedures under section

15102(k) (relating to contract procedures, terms and bonds and

advertising for bids).

(b) Architects and engineers and criminal offense.--

Notwithstanding subsection (a), the following shall apply:

(1) It shall be unlawful for an architect or engineer

employed by a county of the second class A and engaged in the

preparation of plans, specifications or estimates, to bid or

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negotiate on any public work contracted by the county, except

that an architect or engineer who prepared preliminary plans

only may bid on or negotiate the final contract for the work.

(2) It shall be unlawful for the officers of a county of

the second class A charged with the duty of contracting for

public work, to award a contract to an architect or engineer,

employed by the county who is 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 as provided under section

15102(k).

(3) A person violating any of the provisions of

paragraph (1) or (2) commits a misdemeanor in office and,

upon conviction, shall forfeit the office and be sentenced to

pay a fine not exceeding $500, or to imprisonment for not

more than six months, or both.

§ 15107. Application of contract provisions.

The provisions of this chapter shall apply to all of the

contractual powers of the county commissioners contained in this

part, or other laws not inconsistent with this chapter, and the

mention of powers of contract outside this chapter shall not be

construed as disregarding the applicable provisions of this

chapter.

§ 15107.1. Printing contracts.

(a) Responsible bidders.--In counties of the second class A,

the county commissioners may, by resolution, require that a

printing firm presenting a bid for county printing establish

itself as a responsible bidder by requiring that:

(1) The printing firm file, with the chief clerk of the

county commissioners, a sworn statement to the effect that

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employees are receiving the prevailing wage rate and are

working under conditions prevalent in the locality in which

the work is produced.

(2) If a collective bargaining agreement is in effect

between an employer and employees who are represented by a

responsible organization that is not 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

deemed a responsible bidder under this chapter.

(3) In case a dispute arises as to what is the

prevailing rate of wages for work applicable to the contract,

which cannot be adjusted by the county commissioners, the

matter shall be referred to the county salary board and the

board's decision shall be conclusive.

(b) Prevailing wage rate.--If the wage rates vary in any

district in a county, then a printing firm that pays wages at

least equal to those in any agreement, shall, for the purposes

of this chapter, be deemed to be paying the prevailing wage

rate.

"prevailing wage rate" means at least the minimum wages that are

received by employees of a printing firm, in second class A

counties as a result of a collective bargaining agreement

negotiated by an employer with a responsible organization

representing the employees.

§ 15107.2. Prohibited contract provisions.

A political subdivision or authority in a county of the

second class A may not enter into a contract related to a

redevelopment capital assistance project under section 318 of

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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.

CHAPTER 153

SPECIAL POWERS AND DUTIES OF COUNTIES

Subchapter

A. (Reserved)

B. (Reserved)

C. (Reserved)

D. County Histories

E. Animal and Plant Husbandry

F. Communications

G. Prevention and Control of Floods

G.1. Disaster Emergency Aid to Municipalities in Counties of

the Third through Eighth Class

H. Aid to Firefighting Departments and Companies

H.1. Fire Marshal and Assistant Fire Marshals in Counties of

the Third through Eighth Class

I. Utilities

J. (Reserved)

K. Rewards and Bounties

L. Garbage and Refuse Disposal

M. (Reserved)

N. Appropriations to Industrial Development Agencies

O. Surplus Foods and Food Stamp Program

P. Historical Property and Museums

P.1. Legal Aid Services

Q. Transportation and Traffic Control Devices

R. (Reserved)

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S. Appropriations for Recreation and Historic and Museum

Projects of Municipal Corporations, Authorities and

Nonprofit Organizations

T. Appropriations to Institutions of Higher Learning or to

Nonprofit Educational Trusts in Counties of the Third

through Eighth Class

U. Agreements with Federal Government for the Promotion of

Health or Welfare

V. Appropriations for Reservoirs and Water Resources

W. Tourist Promotion Agencies

X. Crime Detection Laboratory and Police Training School in

Counties of the Third Class

Y. Parking Facilities

Z. Revenue Bonds for Industrial Development Projects

Z.1. Grants to Nonprofit Art Corporations

Z.2. Commission on Women

Z.3. Civil Service in Counties of the Second Class A

Z.4. Insuring County Against Loss or Liability

Z.5. Lot and Block System in Counties of the Second Class A

SUBCHAPTER A

(Reserved)

SUBCHAPTER B

(Reserved)

SUBCHAPTER C

(Reserved)

SUBCHAPTER D

COUNTY HISTORIES

Sec.

15328. County history.

15329. Payment to historical societies.

20210SB0831PN1030 - 212 -

15330. Qualification of society.

15331. Restoration and preservation of historic sites.

§ 15328. County history.

The county commissioners, either independently or in

connection with any other municipality within the county or a

society or organization, may appropriate money for the

compilation of a county war history or any general history or

historical account related to the historical records and

government of the county, and for publication and distribution.

§ 15329. Payment to historical societies.

(a) Payments.--The county commissioners may pay, out of the

county money not otherwise appropriated, a sum of money to a

county historical society, qualified under section 15330

(relating to qualification of society), to assist in paying

expenses. If a county historical society is comprised of

residents of more than one county, the county commissioners of

the respective counties may jointly pay the sum in such

proportion as the county commissioners shall agree.

(b) Vouchers.--Appropriations may not be renewed until

vouchers have been filed with the county commissioners showing

that the appropriation for any prior year has been expended

under this chapter.

§ 15330. Qualification of society.

A historical society eligible to receive county money

according to the provisions of section 15329 (relating to

payment to historical societies) 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

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appropriation from a county; and

(3) control and operate a museum or other facility

related to the history of the county or this Commonwealth

that is open to the public at least 100 days per year.

§ 15331. Restoration and preservation of historic sites.

The county commissioners may make appropriations out of

county money to any nonprofit corporation organized for the

purpose of restoring and preserving historic sites that are

within the county. For the purposes of this section, an eligible

historic site shall be listed or eligible to be listed in the

National Register of Historic Places or designated as historic

by resolution of the county commissioners.

SUBCHAPTER E

ANIMAL AND PLANT HUSBANDRY

Sec.

15335. Appropriations for prevention of cruelty to animals.

15336. Cooperative Extension, natural resources, 4-H youth,

families, nutrition and community development.

15337. Agricultural or horticultural societies.

15338. Suppression of animal and plant disease.

15339. County fair associations in counties of the third,

fourth, fifth, sixth, seventh and eighth class.

§ 15335. Appropriations for prevention of cruelty to animals.

The county commissioners may appropriate money toward the

maintenance of an organization or society, incorporated under

the laws of this Commonwealth, for the prevention of cruelty to

animals and which, for a period of at least two years prior to

the making of the appropriation, shall have been engaged in

carrying out the purposes of its incorporation, in whole or in

part, within the county.

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§ 15336. Cooperative Extension, natural resources, 4-H youth,

families, nutrition and community development.

(a) Appropriations.--The county 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.

The money shall be expended according to rules and regulations

prescribed or approved by the county commissioners to support

Cooperative Extension's mission to provide educational

opportunities to constituents, regardless of where the expertise

is located.

(b) Cooperative Extension services.--Cooperative Extension

shall provide counties access to The Pennsylvania State

University's science-based information, expertise and education

and shall continually work to expand access to its Statewide

programs through technology channels.

in the county for headquarters for cooperative work under this

section.

§ 15337. Agricultural or horticultural societies.

(a) Appropriations.--The county commissioners are authorized

to make appropriations annually out of the current revenues of

the county to an incorporated agricultural or horticultural

society or association located within the county.

(b) Additional appropriations.--The county commissioners are

authorized to make additional appropriations annually out of the

20210SB0831PN1030 - 215 -

current revenues of the county to an incorporated agricultural

or horticultural society or association located within the

Commonwealth.

§ 15338. Suppression of animal and plant disease.

(a) Appropriations.--The county commissioners may make

appropriations from county money and cooperate with the

Department of Agriculture, for the purpose of controlling and

suppressing:

(1) dangerous transmissible diseases of domestic

animals;

(2) dangerous plant diseases;

(3) insect pests; and

(4) diseases of honeybees.

(b) Agreements.--For the purpose of carrying out this

section, the county commissioners may enter into agreements with

the Department of Agriculture concerning terms, rules,

regulations and practices for conducting the work.

§ 15339. County fair associations in counties of the third,

fourth, fifth, sixth, seventh and eighth class.

The county commissioners in counties of the third, fourth,

fifth, sixth, seventh and eighth class may appropriate annually,

out of current revenues, to an incorporated nonprofit

agriculture association or a 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, regardless of if the real estate is owned by the

county and leased to the association.

SUBCHAPTER F

COMMUNICATIONS

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Sec.

15343. Appropriations for radio broadcasting station.

15344. Appropriations for police, fire and other public safety

radio and telecommunications networks.

§ 15343. Appropriations for radio broadcasting station.

The county commissioners may make an appropriation for the

purpose of assisting a naval reserve unit or amateur radio

league in maintaining, equipping and operating a shortwave radio

broadcasting station or cable television community access

stations geared to public access, educational access or

governmental access, which shall be available for public use in

the event of emergency or disaster.

§ 15344. Appropriations for police, fire and other public

safety radio and telecommunications networks.

The county commissioners may make appropriations for the

erection, operation and maintenance of a county police radio,

fire and other public safety radio and telecommunications

networks.

SUBCHAPTER G

PREVENTION AND CONTROL OF FLOODS

Sec.

15347. Prevention and control of floods.

§ 15347. Prevention and control of floods.

(a) Prevention and control of floods.--The county

commissioners may borrow, appropriate and expend money and may

acquire by purchase or dedication or by the power of eminent

domain real property, or any interest in real property, for the

purpose of cleansing, maintaining, regulating, improving and

controlling rivers, streams and other bodies of water and

stormwater drainage systems lying within the boundaries of the

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county, either in whole or in part, for the prevention and

control of floods. The county commissioners may make contracts

and expenditures for the cleansing, maintenance, regulation,

improvement and control of waters and drainage systems and for

the prevention and control of floods by storage or retaining

reservoirs, or otherwise, in parts of waters beyond the limits

of the county or of the Commonwealth, if, in the county

commissioner's judgment, the expenditures are necessary and for

the benefit of the county.

(b) Investigations.--The county commissioners may make

appropriations and expenditures for investigating and examining

or for assisting in the investigation and examination of the

condition of waters for the purpose of subsection (a).

agreements with the United States Secretary of Defense or other

public authorities empowered to act under any law of the United

States or of this or any other state, as may be necessary and

proper for the prevention and control of floods.

(d) Bonds.--In exercising the powers under this chapter, the

county commissioners may, subject to the limitation of the

Constitution of Pennsylvania, issue interest bearing bonds of

the county in accordance with the provisions of 53 Pa.C.S. Pt.

VII Subpt. B (relating to indebtedness and borrowing).

SUBCHAPTER G.1

DISASTER EMERGENCY AID TO MUNICIPALITIES

IN COUNTIES OF THE THIRD THROUGH EIGHTH CLASS

Sec.

15348. Emergency appropriation to municipal corporations.

§ 15348. Emergency appropriation to municipal corporations.

(a) Appropriations.--The county commissioners of counties of

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the third, fourth, fifth, sixth, seventh and eighth class may

appropriate money for the purpose of assisting municipal

corporations within the county with any cleanup, maintenance,

repair and improvements undertaken as a result of damage

incurred or a dangerous condition caused by either a disaster

emergency within the county declared by the Governor or a local

emergency declared by the governing body of a municipal

corporation within the county.

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Disaster emergency." As defined in 35 Pa.C.S. § 7102

(relating to definitions).

"Local emergency." As defined in 35 Pa.C.S. § 7102.

SUBCHAPTER H

AID TO FIREFIGHTING DEPARTMENTS AND COMPANIES

Sec.

15351. Counties of seventh and eighth classes and

appropriations to borough fire departments and

volunteer fire companies.

15352. Establishment of fire training schools.

§ 15351. Counties of seventh and eighth classes and

appropriations to borough fire departments and

volunteer fire companies.

The county commissioners of a county of the seventh or eighth

class may make an appropriation annually to the fire department

of a municipal corporation in the county or to a volunteer fire

company located in the county that gives fire protection to

parts of the county. Money appropriated to a fire department or

fire company shall be used for the purchase, maintenance and

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repair of firefighting equipment.

§ 15352. Establishment of fire training schools.

(a) Appropriations.--The county commissioners may

appropriate annual money to lawfully organized or incorporated

county or regional firemen's associations to establish, equip,

maintain and operate, and the county commissioners may

establish, equip, maintain and operate, fire training schools or

centers for the purpose of giving instruction and practical

training in the prevention, control and fighting of fire and

related fire department emergencies to the members of paid fire

departments and volunteer fire companies in any city, borough,

town or township within the county.

(b) Regional fire training schools.--If a firemen's

association is comprised of residents of two or more counties or

contemplates operation of a regional fire training school in two

or more counties, the county commissioners may appropriate money

to the association.

SUBCHAPTER H.1

FIRE MARSHAL AND ASSISTANT FIRE MARSHALS IN

COUNTIES OF THE THIRD THROUGH EIGHTH CLASS

Sec.

15353. Appointment.

§ 15353. Appointment.

(a) Appointment.--The county commissioners of a county of

the third, fourth, fifth, sixth, seventh and eighth class may

appoint a fire marshal and assistant fire marshals as necessary

to perform duties relating to the prevention and control of fire

as the county commissioners deem to be in the best interests of

the county.

(b) Duties.--A fire marshal or assistant fire marshal may

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not be assigned duties that 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.

assistant fire marshals shall be set by the county salary board.

SUBCHAPTER I

UTILITIES

Sec.

15355. Drilling gas wells and laying gas lines.

15356. Contracts for relocation, change or elevation of

railroads.

15357. County may assist municipalities.

§ 15355. Drilling gas wells and laying gas lines.

(a) Contracts.--For the purpose of furnishing gas for light

and fuel to the county buildings and for other purposes, the

county commissioners may contract for:

(1) The drilling of gas wells upon lands owned by the

county.

(2) The laying of gas lines equipped with modern

appliances and machinery as may be necessary.

(b) Procedure.--Contracts under this section, 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 Chapter 151 (relating to contracts).

§ 15356. Contracts for relocation, change or elevation of

railroads.

The county commissioners may enter into contracts with a

railroad company to relocate, change or elevate the railroads

within the county in such manner as, in the judgment of the

board, may be best adapted to secure the safety of lives and

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property and promote the interest of the county.

§ 15357. County may assist municipalities.

(a) Assistance.--Upon the request of a political subdivision

within a county, the county may assist the political subdivision

in negotiations or a contest with a public utility company and

may use or allow the political subdivision to use the legal,

engineering, accounting or clerical service of the county.

(b) Intervention.--The county commissioners may enter their

appearance as interveners or otherwise in a proceeding before

the Pennsylvania Public Utility Commission or before a court in

a proceeding involving a controversy between a political

subdivision in the county and a public utility company.

SUBCHAPTER J

(Reserved)

SUBCHAPTER K

REWARDS AND BOUNTIES

Sec.

15371. Rewards for detection or apprehension of criminals.

15372. (Reserved).

§ 15371. Rewards for detection or apprehension of criminals.

(a) Rewards.--The county commissioners may offer a reward,

in addition to that authorized by law, for information leading

to the detection or apprehension of an individual charged with

or perpetrating a felony or misdemeanor, or aiding or abetting.

(b) Payment of rewards.--Upon the conviction of an

individual under subsection (a), the county commissioners may

pay the reward out of the county treasury, but in no case may

the owner of stolen property be entitled to the reward for the

detection or apprehension of the individual who commits the

offense of larceny.

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commissioners must have the approval of the president judge of

the court of common pleas of the county before offering or

paying a reward.

§ 15372. (Reserved).

SUBCHAPTER L

GARBAGE AND REFUSE DISPOSAL

Sec.

15375. Municipal waste processing and disposal in county

facilities.

§ 15375. Municipal waste processing and disposal in county

facilities.

(a) Power.--The county commissioners shall have the power

to:

(1) operate or provide for the operation of municipal

waste processing and disposal facilities, including municipal

waste landfills, resource recovery facilities and recycling

facilities; and

(2) enter into agreements or contracts with any person,

corporation or political subdivision for the disposal of

municipal waste in the facilities constructed and maintained

by the county and charge and receive fees for services

provided under this subsection.

(b) Acquisition of real property.--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 facility under

subsection (a) or other buildings necessary to operate the

facility. If private property is taken by eminent domain, the

county shall acquire the entire title, either in fee or

20210SB0831PN1030 - 223 -

otherwise, held by the owner or owners of the property or of any

interest.

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Municipal waste landfill." As defined in the act of July

28, 1988 (P.L.556, No.101), known as the Municipal Waste

Planning, Recycling and Waste Reduction Act.

"Recycling facility." As defined in the Municipal Waste

Planning, Recycling and Waste Reduction Act.

"Resource recovery facility." As defined in the Municipal

Waste Planning, Recycling and Waste Reduction Act.

SUBCHAPTER M

(Reserved)

SUBCHAPTER N

APPROPRIATIONS TO INDUSTRIAL DEVELOPMENT AGENCIES

Sec.

15385. Appropriations to industrial development agencies by

counties.

15386. (Reserved).

§ 15385. Appropriations to industrial development agencies by

counties.

The county commissioners may annually appropriate amounts as

deemed necessary to an industrial development organization, as

defined in section 2301 of the act of June 29, 1996 (P.L.434,

No.67), known as the Job Enhancement Act, to assist the agencies

in the:

(1) financing of operational costs for the purposes of

making studies, surveys and investigations and compiling data

and statistics; and

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(2) carrying out of planning and promotional programs.

§ 15386. (Reserved).

SUBCHAPTER O

SURPLUS FOODS AND FOOD STAMP PROGRAM

Sec.

15390. Appropriations for handling, storage and distribution of

surplus foods.

15391. (Reserved).

§ 15390. Appropriations for handling, storage and distribution

of surplus foods.

The county commissioners may appropriate from county money,

or, in counties of the second class A and third class from

county institution district money, money for the handling,

storage and distribution of surplus foods obtained through a

Federal, State or local agency.

§ 15391. (Reserved).

SUBCHAPTER P

HISTORICAL PROPERTY AND MUSEUMS

Sec.

15395. Acquisition, repair and maintenance of historical

property.

15395.1. Contributions to museums of fine art or natural

history.

§ 15395. Acquisition, repair and maintenance of historical

property.

The county commissioners may acquire by purchase or by gift

and repair, supervise, operate and maintain ancient landmarks

and other property of historical or antiquarian interest that is

listed or eligible to be listed in the National Register of

Historic Places or designated as historic by resolution of the

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county commissioners.

§ 15395.1. Contributions to museums of fine art or natural

history.

The county commissioners may appropriate money from county

money for the purpose of contributing toward the cost of

operating, maintaining or carrying out or furthering the

purposes of institutes or museums of fine art or natural history

that is:

(1) located within the county on public property;

(2) established by private grant or bequest;

(3) open to the public; and

(4) not used for private or corporate profit.

SUBCHAPTER P.1

LEGAL AID SERVICES

Sec.

15396. Appropriations for legal aid services.

§ 15396. Appropriations for legal aid services.

The county 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 in the county.

SUBCHAPTER Q

TRANSPORTATION AND TRAFFIC CONTROL DEVICES

Sec.

15397. Improvement of operation and facilities.

15398. Money for traffic control devices.

§ 15397. Improvement of operation and facilities.

The county commissioners may enter into contracts and long

range cooperative programs with Federal, State and local

governmental agencies, public utilities or authorities for the

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improvement of transportation operations and facilities within

and across county lines. The county commissioners may

independently or in cooperation with any other county or

municipality appropriate money annually in furtherance of

transportation improvements and may also accept on behalf of the

county gifts, grants and Federal and State loans in connection

to a transportation improvement.

§ 15398. Money for traffic control devices.

The county commissioners may contribute money to any

municipal corporation within the county for the erection and

maintenance of any traffic signal, as defined under 67 Pa. Code

§ 212.1. (relating to definitions).

SUBCHAPTER R

(Reserved)

SUBCHAPTER S

APPROPRIATIONS FOR RECREATION AND HISTORIC AND

MUSEUM PROJECTS OF MUNICIPAL CORPORATIONS,

AUTHORITIES AND NONPROFIT ORGANIZATIONS

Sec.

15399. Appropriations for recreation and historic and museum

projects.

§ 15399. Appropriations for recreation and historic and museum

projects.

(a) Appropriations.--The county commissioners may

appropriate county money for grants to assist municipal

corporations and authorities within the county, as well as

nonprofit organizations, in the purchase, acquisition,

improvement, equipping or landscaping of the following:

(1) lands;

(2) buildings and facilities, along with the demolition

20210SB0831PN1030 - 227 -

of buildings and facilities;

(3) parks, recreation areas, open space projects and

other outdoor projects; and

(4) historic and museum projects.

(b) Definitions.--As used in this section, the term

"nonprofit organization" shall mean an entity which is 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, not operated for profit and organized to:

(1) preserve or conserve open space, natural resources

or natural habitats;

(2) promote outdoor recreation and the acquisition and

development of facilities related thereto; or

(3) preserve sites of historical significance.

SUBCHAPTER T

APPROPRIATIONS TO INSTITUTIONS OF HIGHER

LEARNING OR TO NONPROFIT EDUCATIONAL TRUSTS IN

COUNTIES OF THE THIRD THROUGH EIGHTH CLASS

Sec.

15399a. Appropriations to institutions of higher learning or to

nonprofit educational trusts.

§ 15399a. Appropriations to institutions of higher learning or

to nonprofit educational trusts.

The county commissioners may appropriate county money in

amounts as may be deemed necessary to any of the following

institutions or trusts located within the county to assist the

institution or trust in the financing of the functions specified

by the county commissioners:

(1) Nonsectarian institutions of higher learning.

(2) A nonprofit educational trust created for the

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purpose of constructing or maintaining facilities for

Pennsylvania State System of Higher Education universities

and State-related universities, including The Pennsylvania

State University, Lincoln University, Temple University and

the University of Pittsburgh.

SUBCHAPTER U

AGREEMENTS WITH FEDERAL GOVERNMENT FOR THE

PROMOTION OF HEALTH OR WELFARE

Sec.

15399b. Federal health and welfare programs.

§ 15399b. Federal health and welfare programs.

(a) Agreements.--

(1) The county commissioners may enter into an agreement

with the Federal Government, or with any city, borough, town,

township or nonprofit corporation or association located or

carrying on the functions of the nonprofit corporation or

association within the county or serving the residents of the

county.

(2) The county commissioners may only enter into an

agreement under paragraph (1) with a city, borough, town,

township, nonprofit corporation or association that has or

will contract with the Federal Government or the Commonwealth

whereby the Federal Government will provide a portion of the

money necessary, payable either to the county or State or

directly to the city, borough, town, township, nonprofit

corporation or association to provide a program not in

conflict with a Federal or State program for the promotion of

the health or welfare of the Commonwealth's residents.

(b) Donations.--The county may accept gifts or grants of

money, property or services from any source, public or private,

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and may appropriate money as may be necessary to carry out a

program under subsection (a).

SUBCHAPTER V

APPROPRIATIONS FOR RESERVOIRS AND WATER RESOURCES

Sec.

15399c. Appropriations for reservoirs and water resources.

§ 15399c. Appropriations for reservoirs and water resources.

(a) Facilities.--

(1) The county 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 groundwater resources and all related

structures, appurtenances and equipment necessary for the use

of dams, reservoirs, wells and other facilities.

(2) The county commissioners may acquire by purchase,

lease, gift or the exercise of power of eminent domain, sites

for a facility listed under paragraph (1) in accordance with

the following:

(i) The county commissioners shall obtain a permit

from the Department of Environmental Protection whenever

a permit is required by law.

(ii) The county commissioners may not acquire by the

exercise of power of eminent domain the property of a

public utility subject to the jurisdiction of the Federal

Energy Regulatory Commission or the Pennsylvania Public

Utility Commission.

(b) Agreements and contracts.--The county commissioners may

enter into:

(1) agreements for the regulation of withdrawals,

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diversions and sales of waters from dams, reservoirs, wells

and other facilities, subject to the approval of Federal,

State 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 county commissioners may not be used for the generation

of electric energy; and

(2) contracts or long-range cooperative programs with

Federal, State, interstate and local government agencies or

public utilities for the development and use of the county's

water resources.

(1) It shall be lawful for any county to execute

agreements and contracts as deemed necessary or advisable

with an authority organized by the county to:

(i) 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 groundwater

resources and all necessary related structures,

appurtenances and equipment;

(ii) grant, convey, lease, transfer, encumber,

mortgage and pledge to the authority the dams,

reservoirs, wells and related facilities and any

improvements and additions; and

(iii) assign and pledge to the authority rentals,

rates and charges charged and collected by the authority

and to assign to the authority the power to collect the

the rentals, rates and charges.

(2) An agreement, contract, grant, conveyance, lease,

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assignment, encumbrance, mortgage or pledge under paragraph

(1) shall not be construed to prevent the affected county

from using tax revenues for the purpose of maintaining,

repairing, altering, inspecting or improving the dams,

reservoirs, wells and related facilities.

(d) Sale of water.--A county may enter into an agreement and

contract for the sale of water to a municipality, authority or

public utility at a reasonable and uniform rate to be determined

exclusively by the county.

SUBCHAPTER W

TOURIST PROMOTION AGENCIES

Sec.

15399d. Tourist promotion agencies and appropriations.

§ 15399d. Tourist promotion agencies and appropriations.

(a) Creation.--The county commissioners may create or 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 the county or counties.

(b) Appropriation.--The county commissioners may appropriate

annually an amount of money as may be deemed necessary to any

tourist promotion agency, as defined under the Tourism Promotion

Act, to assist the agencies in carrying out tourism promotional

activities.

SUBCHAPTER X

CRIME DETECTION LABORATORY AND POLICE TRAINING SCHOOL

IN COUNTIES OF THE THIRD CLASS

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Sec.

15399e. Crime detection laboratories and police training

schools.

§ 15399e. Crime detection laboratories and police training

schools.

The county commissioners of a county of the third class may

appropriate money and provide for establishing a crime detection

laboratory and police training school for the:

(1) use of any political subdivision situated within the

county; and

(2) training of police employed by the political

subdivision.

SUBCHAPTER Y

PARKING FACILITIES

Sec.

15399f. Parking facilities.

§ 15399f. Parking facilities.

(a) Appropriation.--The county commissioners may appropriate

money from the county treasury for purchasing, constructing,

maintaining and operating a motor vehicle parking facility to be

used as a county facility.

(b) Lease.--The county commissioners, or a municipal

authority created by the county commissioners, may lease a

parking facility, or the land to be used for a parking facility,

to a city, borough or township in which the parking facility is

located or shall be constructed or a parking authority created

by the city, borough or township.

appropriate money to a municipal authority under subsection (b).

SUBCHAPTER Z

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REVENUE BONDS FOR INDUSTRIAL DEVELOPMENT PROJECTS

Sec.

15399g. Issuance of revenue bonds for industrial development

projects.

§ 15399g. Issuance of revenue bonds for industrial development

projects.

(a) General rule.--

(1) The county commissioners may issue revenue bonds of

the county under 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, equipping or improvement of an industrial

development project.

(2) A project under paragraph (1) may consist of any

building or facility, or combination or part of a building or

facility, occupied or utilized by an industrial,

manufacturing or research and development enterprise existing

or acquired on January 12, 1968, including any buildings,

improvements, additions, extensions, replacements,

appurtenances, lands, rights in land, water rights,

franchises, machinery, equipment, furnishings, landscaping,

utilities, railroad spurs and sidings, wharfs, approaches and

roadways necessary or desirable in connection or incidental

to the building or facility for the purposes of the project.

(3) A bond issued under paragraph (1) shall 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 facility or for the use or services of the facility.

(b) Lease of project.--An industrial development project

financed by the issuance of revenue bonds under this section may

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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.

issue may be any costs and expenses incident to constructing and

financing the facilities and selling and distributing the bonds.

(d) Transfer.--The county commissioners may:

(1) Sell, lease, lend, grant, convey, transfer or pay

over the following, with or without consideration, to any

authority created under the act of August 23, 1967 (P.L.251,

No.102), known as the Economic Development Financing Law:

(i) a project or part of a project; or

(ii) any interest in real or personal property or

money available for industrial development purposes,

including the proceeds of revenue bonds issued for

industrial development purposes under subsection (a).

(2) Assign, transfer and set over to an authority any

project or interest in real or personal property listed under

paragraph (1), along with any contract for the project or

interest, which may have been awarded for the construction of

projects not begun or not completed.

(e) Power to enter into contract.--The county commissioners

may enter into a contract or agreement with an authority or with

a tenant or proposed tenant of an industrial development project

and to do all things necessary or proper to effectuate the

public purpose of this section.

SUBCHAPTER Z.1

GRANTS TO NONPROFIT ART CORPORATIONS

Sec.

15399h. Grants to nonprofit art corporations.

20210SB0831PN1030 - 235 -

§ 15399h. Grants to nonprofit art corporations.

(a) Authorization.--The county commissioners may make grants

annually, not exceeding an amount equal to one mill of the real

estate tax to nonprofit art corporations for artistic and

cultural activities.

(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Artistic and cultural activities." The term includes the

display or production of theater, music, dance, painting,

architecture, sculpture, arts and crafts, photography, film,

graphic arts and design and creative writing.

"Nonprofit art corporation." A local arts council,

commission or coordinating agency or any other nonprofit

corporation engaged in the production or display of works of

art, including the visual, written or performing arts.

SUBCHAPTER Z.2

COMMISSION ON WOMEN

Sec.

15399i. Commission on the status of women.

§ 15399i. Commission on the status of women.

The county commissioners may establish a commission on the

status of women.

SUBCHAPTER Z.3

CIVIL SERVICE IN COUNTIES OF THE SECOND CLASS A

Sec.

15399j. Civil service for certain employees.

§ 15399j. Civil service for certain employees.

The county commissioners of a county of the second class A

may establish by ordinance a merit system for the selection,

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tenure, promotion and discharge of employees involved in any

work for which the county receives or is eligible to receive

Federal or State grants-in-aid.

SUBCHAPTER Z.4

INSURING COUNTY AGAINST LOSS OR LIABILITY

Sec.

15399k. Insurance.

§ 15399k. Insurance.

(a) General rule.--The county commissioners may provide for

insurance as they deem appropriate on the real and personal

property of the county, including all grounds, buildings and

contents, vehicles and information technology.

(b) Types of insurance.--In addition to any form of

comprehensive, general or umbrella liability insurance, the

board of commissioners may acquire insurance against any form of

loss or liability, including crime, fire, natural disaster,

errors and omissions of officers or employees, vehicle operation

and use of information technology.

SUBCHAPTER Z.5

LOT AND BLOCK SYSTEM IN

COUNTIES OF THE SECOND CLASS A

Sec.

15399l. Lot and block system.

15399m. Duties of county officers and employees under lot and

block system.

§ 15399l. Lot and block system.

A county of the second class A which, on December 24, 2018,

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

20210SB0831PN1030 - 237 -

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 the board of commissioners deem appropriate.

§ 15399m. Duties of county officers and employees under lot and

block system.

(a) Custody of records.--If a lot and block system under

section 15399l (relating to lot and block system) remains in

effect, the portion of the system relating to the plats, plat

books and the upkeep of the plats and plat books 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) Assessments.--

(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, shall use the lot and block system

descriptive numbers in the original books of assessment.

(2) The board of assessment appeals shall, within

municipal subdivisions covered by a lot and block system,

correct any assessment in which the lot and block system

descriptive number is absent.

(3) The recorder of deeds shall receive and record any

deed that refers to a specific parcel of real estate. If the

deed does not bear the certification by the custodian of the

lot and block system that the descriptive numbers

incorporated in the description of the real estate are

correct, the recorder of deeds shall obtain the certification

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from the custodian of the lot and block system before

transcribing any deed lacking the certification.

(4) The treasurer or tax collector of each city,

borough, town, township or school district in which 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 county controller and the treasurer, tax

collector or solicitor, as the case may be in a 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 the liens the individual lot and block system

descriptive numbers, and the prothonotary may not receive and

file a lien unless the descriptive numbers are contained on

the lien.

(6) For the purposes of the sale of real estate for

delinquent taxes, either by the sheriff of the county, the

board of commissioners and treasurer of the county or the

treasurer of a city, borough, town, township or school

district, the lot and block system descriptive numbers are

declared to be sufficient description for the:

(i) advertising preceding the sale;

(ii) oral description read at the sale prior to

receiving bids; and

(iii) purposes of the description to be inserted in

any tax deed to be given to the purchaser at the sale.

CHAPTER 155

MILITARY AND VETERANS AFFAIRS

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Subchapter

A. Appropriations for Military Purposes

B. Interment of Deceased Servicepersons and Surviving

Spouses

C. Memorial Observances

SUBCHAPTER A

APPROPRIATIONS FOR MILITARY PURPOSES

Sec.

15501. Appropriation of money or land for National Guard

Armories.

15502. Appropriation for maintenance of National Guard.

15503. Appropriation to rifle clubs in time of war.

§ 15501. Appropriation of money or land for National Guard

Armories.

(a) Conveyance of land.--The county commissioners 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 county commissioners may acquire land for this

purpose in a lawful manner.

(b) Board.--The county commissioners may 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.

§ 15502. Appropriation for maintenance of National Guard.

(a) Authorization.--The county commissioners 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.

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(b) Requirements.--All money appropriated under subsection

(a) shall be paid to the order of the commanding officer of the

company, battalion, regiment or similar organization if the

Adjutant General certifies to the county commissioners that the

unit or units have satisfactorily passed the annual inspection

provided by law. The money appropriated shall be used and

expended solely and exclusively for the support, maintenance,

discipline and training of the company, battalion, regiment or

similar organization, and the commanding officer shall account

by proper vouchers to the county each year for the expenditure

of the money appropriated.

not make an appropriation under subsection (a) for a subsequent

year until the commanding officer has duly and satisfactorily

accounted for the expenditure of the previous year.

(d) 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

in the manner provided by law for the audit of accounts of

county money.

§ 15503. Appropriation to rifle clubs in time of war.

(a) Appropriation.--If a state of war exists, the county

commissioners may appropriate money to civilian rifle clubs,

duly chartered by the National Rifle Association of America, for

the:

(1) maintenance and rental of rifle ranges;

(2) employment of competent instructors and necessary

employees; and

(3) equipment and uniforms for the members of clubs who

volunteer for special military duty in the members'

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respective counties or answer a call of the Governor.

(b) Restriction.--Money may not be appropriated to a club

under this section unless practice by the members of the club on

a rifle range is with a United States military rifle or arms

approved by the Adjutant General.

SUBCHAPTER B

INTERMENT OF DECEASED SERVICEPERSONS

AND SURVIVING SPOUSES

Sec.

15508. Definitions.

15509. Funeral expenses of deceased servicepersons.

15510. Interment of spouses of deceased servicepersons.

15511. Payment.

15512. Flagholders for graves.

15513. Memorial benefit.

15514. Burial plots.

15515. Care of graves and headstones.

15516. Determining eligibility for interment benefits.

§ 15508. Definitions.

As used in this subchapter, the following words and phrases

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Deceased serviceperson." The term includes:

(1) A deceased individual 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 in which a campaign or state or condition

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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 in

which a campaign or state or condition of war or armed

conflict existed shall, in each case, be established by the

records of the United States Department of Defense.

(2) A deceased individual who served at any time during

the individual'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 individual 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 the

intention that the residence 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 shall be determined by the 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 facie in the county in which the person resided at the

time of death.

§ 15509. Funeral expenses of deceased servicepersons.

(a) Contributions.--In accordance with subsection (b), each

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county shall contribute at least $75 towards the funeral

expenses of each deceased serviceperson if application for the

contribution is made within one year after the date of the

deceased serviceperson's death. For a deceased serviceperson who

died while in service, application may be made at any time.

(b) Uniform contribution.--All contributions made under this

section shall be uniform as to eligible deceased servicepersons

within the same calendar year.

under the following circumstances:

(1) If the deceased serviceperson, at the time of death,

had a legal residence in the county to which an application

for a contribution under subsection (a) has been made,

regardless of if the person died or 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

individual died or where the individual is interred, and the

liability shall be on the county where the deceased

serviceperson shall have had legal residence at the time of

death.

(2) If the deceased serviceperson died and was interred

in the county to which an application for a contribution

under subsection (a) has been made, but, at the time of

death, did not have legal residence within this Commonwealth,

if the county commissioners in the county in which the

individual died are notified in writing by an organization of

veterans, and upon investigation finds, that the body is

unclaimed by relatives or friends.

§ 15510. Interment of spouses of deceased servicepersons.

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(a) General rule.--Upon 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, regardless of if the

individual died or is interred in the county.

(b) Limitation.--The county may not contribute money toward

the funeral expenses of a spouse of a deceased serviceperson who

had remarried after the death of the deceased serviceperson.

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.

§ 15511. Payment.

(a) Funeral expenses.--The county shall make a payment in

the amount authorized or required under section 15509 (relating

to funeral expenses of deceased servicepersons) or 15510

(relating to interment of spouses of deceased servicepersons)

for each deceased serviceperson or spouse of a deceased

serviceperson in accordance with this subchapter.

(b) Money.--A payment under this subchapter shall be paid

out of the money of the county.

payable to the applicant 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.

(d) Applications.--Application for contributions under this

subchapter shall be made by a personal representative or spouse

of the deceased serviceperson. If no qualified personal

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representative is available, the application may be made by the

next-of-kin of the deceased serviceperson, an individual or a

veterans' organization, that shall assume responsibility for the

cost of burial. The facts contained in the application shall be

sustained by affidavit. An individual who knowingly files an

application under this section that is false in any material

manner commits a misdemeanor in accordance with 18 Pa.C.S. §

4903 (relating to false swearing).

(e) Application.--The application shall be:

(1) on a form prescribed by the Department of Military

and Veterans Affairs and shall verify whether the funeral

expenses have been paid; and

(2) 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.

§ 15512. Flagholders for graves.

(a) Flagholders.--The county commissioners shall, at the

county commissioners' discretion, procure appropriate

flagholders for the graves of deceased servicepersons and the

graves of all other deceased individuals 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) Material of flagholder.--A flagholder shall be of

bronze, aluminum or other suitable weather-resistant material.

shall place a flagholder under subsection (a) if the deceased

individual:

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(1) had legal residence in the county, regardless of if

the individual died or is interred in the county; or

(2) did not have a legal residence within this

Commonwealth.

(d) Design of flagholders.--

(1) If a deceased serviceperson was a veteran of a war

or campaign for which the Federal Government issued discharge

buttons, the flagholder designated for the grave shall

include a facsimile of the discharge button.

(2) If a deceased serviceperson was a veteran of the

Korean Conflict, the flagholder designated for the grave

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.

(e) Memorial certificate.--For a county of the second class

A, in lieu of placing a flagholder 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, regardless

of if the individual died or is 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.

§ 15513. Memorial benefit.

(a) Memorial.--The county commissioners shall provide,

either directly or through reimbursement, 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

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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 county 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.

deceased serviceperson either cannot or will not be returned to

the United States, the county commissioners shall 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 is interred, if any.

(d) Expense for benefit.--The expense for a benefit provided

under this section shall be paid by the county in which the

deceased serviceperson had legal residence at the time of death,

regardless of if the individual died or is interred in the

county. The expense may not exceed the actual cost of providing

the concrete or granite base or lettering. The county

commissioners shall pay from the treasury to the party

furnishing the benefit.

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(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. Payment may not be made unless the

application is approved by the county commissioners before the

commencement of the project.

(f) Offense.--An individual who intentionally or recklessly

destroys, mutilates, removes or defaces a grave marker,

headstone or flagholder commits an offense under 18 Pa.C.S. §

3903 (relating to grading of theft offenses).

§ 15514. Burial plots.

(a) Authorization.--The county commissioners 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 subchapter.

(b) Costs.--Costs under this section shall be paid by the

county commissioners from the county treasury.

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 subchapter.

§ 15515. Care of graves and headstones.

(a) General rule.--The county commissioners may:

(1) ensure that the graves and headstones of all

deceased servicepersons and all other veterans who are buried

in the county receive proper and fitting care; and

(2) employ all necessary assistants to carry out the

provisions of this section.

(b) Expenses.--The expense of the care of the graves and

headstones under subsection (a) may be paid for by the county in

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which the graves are located, except if suitable care is

otherwise provided.

directly by the board of county commissioners or paid over to

the individual, firm, association or corporation owning or

controlling a cemetery or other interment site in the county in

which a grave is situated.

(d) Limitation.--The amount paid to care for a grave each

year under this section may not exceed the charge for the annual

care and maintenance of similar graves in the same cemetery or,

if no fixed charge is established in that cemetery, may not

exceed the sum charged in other cemeteries in the same county

for similar services.

§ 15516. Determining eligibility for interment benefits.

(a) Proof required.--If 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 15513

(relating to memorial benefit), the county commissioners shall,

before expending money, require proof of the following:

(1) The service of the deceased serviceperson that

entitles the individual or the surviving spouse to the

benefits under this subchapter. Proof shall be made by the

production of:

(i) an honorable discharge or other official record

showing service during a war in which the United States

is or was engaged; or

(ii) records of the United States Department of

Defense, or copies filed in the Department of Military

and Veterans Affairs, showing the existence of a campaign

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or state or condition of war in which the United States

participated and the service of the deceased

serviceperson in a zone in which a campaign or state or

condition of war existed.

(2) The death of the deceased serviceperson.

(3) In addition to paragraphs (1) and (2), for 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 for individuals who do not have legal

residence within this Commonwealth and who are entitled to

any of the benefits under this subchapter, 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 by one of the

following:

(1) Affidavit of one or more individuals personally

acquainted with the deceased and the fact of the individual'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

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interred.

subchapter has been furnished to the county commissioners, no

further proof of the facts shall be required in order to obtain

any other benefit under this subchapter.

SUBCHAPTER C

MEMORIAL OBSERVANCES

Sec.

15521. Appropriations to veterans' organizations for expenses

of Memorial Day, Veterans' Day, Flag Day and

Independence Day.

15522. Flags to decorate graves.

15523. Compilation of war records.

15524. Director of veterans' affairs.

§ 15521. Appropriations to veterans' organizations for expenses

of Memorial Day, Veterans' Day, Flag Day and

Independence Day.

(a) Appropriations.--The board of commissioners of a county

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) AMVETS.

(6) The Society of the Twenty-eighth Division, AEF,

Incorporated.

(7) Italian American War Veterans of the United States,

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Incorporated.

(8) The Marine Corps League.

(9) Each naval association.

(10) The Grand Army of the Republic.

(11) The Disabled American Veterans.

(12) The American Gold Star Mothers.

(13) The Sons of Union Veterans of the Civil War, the

Daughters of Union Veterans of the Civil War or, in the

absence of orders, a duly constituted organization that

decorates graves of Union Veterans of the Civil War.

(14) Any other nationally chartered veterans'

organization or other veterans' organization recognized by

the county.

(b) Payments.--Payments under this section shall be made to

defray actual expenses only. Before any payment is made, the

organization receiving the payment shall submit verified

accounts of their expenditures.

§ 15522. Flags to decorate graves.

(a) Memorial Day flags.--The board of county commissioners

shall provide flags on each Memorial Day with which to decorate

the graves of all deceased servicepersons and the graves of all

other deceased individuals 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 and who are interred

within the county. Flags provided under this section 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.--A county may coordinate with

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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.

section shall be in addition to money appropriated by counties

for Memorial Day purposes.

(d) Maintenance.--

(1) Annually, the authorities in charge of each cemetery

are authorized to remove flags as follows:

(i) A cemetery may remove flags when flags become

unsightly or weatherworn any time on or after the first

working day after Veterans' Day. Prior to Veterans' Day,

a cemetery may request replacement flags from the county

which may be used by the cemetery to replace weatherworn

flags, if replacement flags are available.

(ii) Notwithstanding subparagraph (i), a cemetery

may remove flags as a part of the cemetery's normal

course of maintenance not before the first working day

after Independence Day, but prior to Veterans' Day

provided that the cemetery makes the flags available to

family members, veterans' organizations or other

community organizations for the purpose of decorating

graves in recognition of Veterans' Day.

(2) A cemetery may remove flagholders for annual storage

upon the authorized removal of flags.

(e) Removal of flags by family members.--A family member of

an individual whose grave is decorated with a flag by the county

for the purpose of Memorial Day may take and keep the flag after

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the first working day after Veterans' Day.

(f) Offense.--Except as otherwise provided in this section,

an individual, 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

commits 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, flagholder or other memorial in

good faith in the course of maintenance, repair or mitigation of

damage may not be subject to subsection (f) or section 15513(f)

(relating to memorial benefit).

§ 15523. Compilation of war records.

(a) Records required.--The county commissioners 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:

(1) name of each deceased serviceperson;

(2) service in which the individual was engaged;

(3) number of the regiment, company or command in which

the individual served;

(4) individual's rank and period of service;

(5) name and location of the cemetery or other place in

which the individual's body is interred; and

(6) location of the deceased individual's grave and the

character of headstone or other marker, if any, at the grave.

(b) Title of record.--The record shall be known as the

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Veterans' Grave Registration Record of ........................

County, and shall be a public record, open to inspection during

business hours.

that record blanks are prepared, according to forms prescribed

by the Department of Military and Veterans Affairs, whereby the

information required for the record may be transmitted to the

county commissioners upon request.

(d) Certificate required.--Every individual, 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 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 individual, firm, association or corporation or a designated

agent.

(e) Offense.--The county commissioners shall ensure that

record blanks are distributed to an individual, firm,

association or corporation, as the county commissioners deem

advisable, with the request that the information required under

this section be transmitted to the county. An individual, 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 commits a summary offense and,

upon conviction, shall be sentenced to pay a fine of $100.

(f) Location of interment sites.--For the purpose of

locating the interment sites of individuals who have served in

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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 15521(a) (relating to

appropriations to veterans' organizations for expenses of

Memorial Day, Veterans' Day, Flag Day and Independence Day) or

recognized by the county may, without expense to the county, to

collect the required data and prepare and file certificates with

the county commissioners, including the information required

under this section.

(g) 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 director of

veterans' affairs of the county in which the final disposition

of the remains is made.

§ 15524. Director of veterans' affairs.

(a) Appointment.--The county commissioners shall appoint an

eligible individual under 51 Pa.C.S. § 1731(a) (relating to

accreditation) to serve as the county's director of veterans'

affairs, who shall receive compensation as fixed by the salary

board.

(b) Responsibility of director.--A county's director of

veterans' affairs shall:

(1) Assist all veterans and their families in securing

rights relating to their person, property and care of family

under any Federal or State laws.

(2) Assist the county commissioners in administering the

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provisions of this subchapter which relate to the interment

of deceased servicepersons and their surviving spouses and to

furnishing flagholders and placing headstones on graves.

(3) Compile and maintain war records and records of

interment sites of deceased servicepersons in accordance with

the provisions of this subchapter.

(4) Perform other duties provided by statute, including

the duties required under 51 Pa.C.S. § 1731(c).

(b), the director of veterans' affairs of a county shall be

entitled to expenses incurred and additional compensation. Both

expenses and compensation shall be subject to the approval of

the salary board.

CHAPTER 157

PUBLIC HEALTH

Subchapter

A. General Provisions

B. (Reserved)

C. County Health Aid to Institutions and Political

Subdivisions

D. Insect Control

E. Care of Dependents and Children

F. Training for County Health, Welfare and Probation

Personnel

G. (Reserved)

H. General Hospitals

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

15701. Health work.

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§ 15701. Health work.

The county commissioners may provide and annually appropriate

from money in the county treasury not otherwise appropriated an

amount deemed necessary for the protection of the health,

cleanliness, convenience, comfort and safety of the people of

the county.

SUBCHAPTER B

(Reserved)

SUBCHAPTER C

COUNTY HEALTH AID TO INSTITUTIONS

AND POLITICAL SUBDIVISIONS

Sec.

15730. Appropriations to hospitals, health clinics and homes.

15731. (Reserved).

15732. Aid to municipal corporations for sewage purposes.

15733. Aid to municipal corporations for water systems.

§ 15730. Appropriations to hospitals, health clinics and homes.

The county commissioners may make appropriations to support:

(1) a hospital, health clinic or comparable facility

that is engaged in charitable work and extends treatment and

medical attention to residents of the county; and

(2) a home or place of detention of dependent,

delinquent and neglected children located within the county.

§ 15731. (Reserved).

§ 15732. Aid to municipal corporations for sewage purposes.

The county commissioners may make appropriations to aid

municipal corporations in the construction or maintenance of

sewers or wastewater treatment facilities if the project has

received all necessary approvals or permits from the Department

of Environmental Protection.

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§ 15733. Aid to municipal corporations for water systems.

The county 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.

SUBCHAPTER D

INSECT CONTROL

Sec.

15750. Elimination and abatement of larvae breeding places and

liens.

15751. Not to affect public water supply.

15752. Appropriations.

§ 15750. Elimination and abatement of larvae breeding places

and liens.

(a) Authorization.--

(1) The county commissioners of counties of the third,

fourth, fifth, sixth, seventh and eighth class may eliminate

breeding places of mosquitoes on private or public property

within the county.

(2) The county commissioners may provide for all acts,

including entry upon private or public property, to carry out

plans which, in the county commissioner's opinion and

judgment through consultation with public health or

veterinary officials, are deemed to be necessary for the

preservation of human or animal health by the elimination of

breeding places of mosquitoes or which will tend to

exterminate disease-carrying mosquitoes within the county.

(b) Public nuisance abatement.--

(1) Any water in which mosquito larvae breed is declared

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a public nuisance and subject to abatement.

(2) If a 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 county commissioners, be abated, the county

commissioners shall, in writing, order the owner of the lands

to abate the public nuisance within a reasonable period and

in a manner to be specified in the order.

(3) If the owner has failed to comply with an order at

the expiration of the period under paragraph (2), or if the

owner of the land cannot be ascertained or found, the county

commissioners shall abate the public nuisance and may assess

all or part of the cost of the abatement against the lands on

which the breeding place exists. The county commissioners may

file municipal liens for the assessments within the time and

in the manner provided by law, to be subject in all respects

to the general law providing for the filing and recovery of

municipal liens.

§ 15751. Not to affect public water supply.

An order of abatement may not authorize and the county

commissioners may not employ any method of extermination by a

municipality or a water supply company which affects waters used

and useful in the supply of water to the public. Manmade pools

which allow mosquito propagation are subject to be targeted

first, and strategies shall be supported that minimize

environmental impact.

§ 15752. Appropriations.

The county commissioners may appropriate the amount of money

necessary for the purpose of carrying out the provisions of this

subchapter. The amount appropriated under this section may not

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exceed one-fourth of one mill on each dollar of the assessed

value of taxable real estate in the county in a given year. The

amounts appropriated under this section shall be paid out by the

county treasurer on the orders of the county commissioners.

SUBCHAPTER E

CARE OF DEPENDENTS AND CHILDREN

Sec.

15760. Definitions.

15761. County institution districts abolished.

15762. Records.

15763. Powers and duties.

15764. Further powers and duties.

15765. Referral by Department of Human Services.

15766. Provision for burial.

15767. (Reserved).

15768. Powers and duties of county commissioners relating to

children.

15769. Contributions for medical care.

15770. Inspections by Department of Human Services.

15771. Reports of individuals applying for treatment of

disease.

15772. Rules and regulations.

15773. Providing services without charge prohibited.

15774. Payments by county commissioners for assistance.

15774.1. Limitation of authority respecting public assistance

recipients.

15775. (Reserved).

15776. (Reserved).

15777. (Reserved).

§ 15760. Definitions.

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The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Dependent." An indigent individual requiring public care,

including maintenance, medical care, clothing and incidentals,

due to physical or mental health needs or disability.

"Institution." A hospital, health care clinic or comparable

facility.

"Institution district." A county institution district

managed by the county commissioners.

"Public charge." An individual who is unable to maintain the

individual and who requires and receives aid from the

Commonwealth or from any political subdivision.

§ 15761. County institution districts abolished.

Each county institution district in counties of the fourth,

fifth, sixth, seventh and eighth class is abolished. The

property, real and personal, of each county institution district

existing on July 31, 1963, is transferred to and vested in the

county in which the institution district is located. The

indebtedness of an institution district, regardless of if

current or bonded, incurred in the acquisition of property or

erecting improvements, shall become the debt and obligation of

the county and shall be paid by the county. All the powers and

duties of an institution district, in connection with

administering the affairs of the institution district, are

transferred to the county in which the institution district is

located.

§ 15762. Records.

The county commissioners of each county of the fourth, fifth,

sixth, seventh and eighth class shall keep records of the work

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necessitated by this subchapter as prescribed by the Department

of Human Services and shall make reports to the Department of

Human Services as the department requires.

§ 15763. Powers and duties.

The county commissioners of counties of the fourth, fifth,

sixth, seventh and eighth class shall have the power and their

duty shall be to:

(1) Erect, equip, maintain, repair, alter and add to

institutions for the care of dependents. A plan for the

erection or substantial alteration of an institution must be

approved as to suitability by the Department of Human

Services.

(2) Pay the necessary expenses of land and buildings for

the care of dependents and farms.

§ 15764. Further powers and duties.

The county commissioners of counties of the fourth, fifth,

sixth, seventh and eighth class shall have the power and duty,

with funds of the county and according to the rules, regulations

and standards established by the Department of Human Services,

to:

(1) care for any dependent in the county, who is not

otherwise cared for;

(2) contract with other counties or an individual,

association, corporation or other entity for the care of any

dependent;

(3) contract with any association in this Commonwealth

organized to provide a home or employment for individuals

with disabilities;

(4) pay the cost or part of the cost imposed by law upon

county institution districts for patients with mental health

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needs or intellectual disability;

(5) take any other action authorized by law;

(6) contract with an individual, association,

corporation, institution or governmental agency for the

purpose of providing foster home care for individuals over 18

years of age. If, in the discretion of the county

commissioners, foster home care is advisable, the county

commissioners may expend money for a foster home care in

addition to any money paid by the Commonwealth or an

individual, association, corporation, institution or

governmental agency to or for individuals over 18 years of

age;

(7) require that an individual cared for in an

institution shall pay for the cost of the individual's care

to the extent of the individual's available resources; and

(8) provide or contract with an 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.

§ 15765. Referral by Department of Human Services.

The county commissioners of counties of the fourth, fifth,

sixth, seventh and eighth class may care for a dependent or

other indigent individual in the county who is referred to the

county commissioners by the Department of Human Services or by a

local board under the supervision of the Department of Human

Services.

§ 15766. Provision for burial.

Except as otherwise provided by law, the county commissioners

of a county of the fourth, fifth, sixth, seventh and eighth

class shall provide for the burial of an individual who dies in

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the county unless the individual's body is claimed by a relative

by blood or marriage, a friend, a fraternal or veterans'

organization, a charitable organization or the Department of

Health, and is buried at the expense of the relative, friend or

organization. Burial may not cost more than $300.

§ 15767. (Reserved).

§ 15768. Powers and duties of county commissioners relating to

children.

The county commissioners of a county of the fourth, fifth,

sixth, seventh or eighth class may, and for the purpose of

protecting and promoting the welfare of children and youth,

shall, provide child welfare services designed to:

(1) keep children in their own homes;

(2) prevent neglect, abuse and exploitation;

(3) help overcome problems that result in dependency,

neglect or delinquency;

(4) provide in foster family homes and child-caring

institutions adequate substitute care for any child in need

of substitute care; and

(5) upon the request of the court, provide services and

care for children and youth who have been adjudicated

dependent, neglected or delinquent.

§ 15769. Contributions for medical care.

The county commissioners of each county of the fourth, fifth,

sixth, seventh or eighth class may make annual appropriations

from the money 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.

§ 15770. Inspections by Department of Human Services.

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The institutions and books, accounts and records of each

county pertaining to the county's powers and duties authorized

by this subchapter shall, at all times, be open to the

inspection of the Department of Human Services and the

department's agents.

§ 15771. Reports of individuals applying for treatment of

disease.

(a) General rule.--Each county of the fourth, fifth, sixth,

seventh and eighth class shall make a record of all personal and

statistical particulars related to the inmates in the county's

institutions, as directed by the Department of Health, for

statistical purposes.

(b) Future admissions.--The county shall make a record for

all future inmates at the time of the inmate's admission.

medical treatment of disease, the physician in charge shall

specify in the record the nature of the disease and where, in

the physician's opinion, the disease was contracted.

(d) Acquisition of information.--The information required by

this section shall be obtained from the individual dependent, if

it is practicable to do so. If the information cannot be

obtained from the dependent, the information shall be secured in

as complete a manner as possible from the relatives, friends or

other persons acquainted with the facts of the disease.

§ 15772. Rules and regulations.

The county commissioners of each county of the fourth, fifth,

sixth, seventh and eighth class shall have power to make rules

and regulations, not inconsistent with this part and not

inconsistent with the rules and regulations of the Department of

Human Services, as may be deemed proper, convenient and

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necessary for the government of the county's institutions and to

properly care for dependents.

§ 15773. Providing services without charge prohibited.

(a) General rule.--Notwithstanding any other provision of

law, the county commissioners may not provide without charge

items of care or service which an individual is entitled to

receive as assistance under the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

(b) Construction of section.--This section may not be

construed to preclude county commissioners from providing

additional forms of assistance not inconsistent with the Human

Services Code or the regulations of the Department of Human

Services.

§ 15774. Payments by county commissioners for assistance.

(a) General rule.--The county commissioners shall pay

monthly to the Department of Human Services the:

(1) Amount expended by the department during the

preceding month as assistance on behalf of:

(i) patients receiving public nursing home care in a

county medical institution; and

(ii) children in foster family homes and child-

caring institutions.

(2) Cost of administering the assistance, minus the

amount of Federal money properly received by the Department

of Human Services on account of expenditures increased or

reduced by any amount by which the amount paid for any

previous month differed from the amount which should have

been paid for the previous month and by the proportionate

share of refunds of assistance as provided in the act of June

13, 1967 (P.L.31, No.21), known as the Human Services Code.

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(b) Certification.--The Department of Human Services shall

certify to the county commissioners the amount to be paid by the

county to the department under subsection (a).

§ 15774.1. Limitation of authority respecting public assistance

recipients.

The county commissioners may not exercise supervision or

control over the finances or services other than medical or

remedial care provided as assistance to or on behalf of

dependents who are recipients of assistance under the former act

of June 24, 1937, (P.L.2051, No.399), known as the Public

Assistance Law.

§ 15775. (Reserved).

§ 15776. (Reserved).

§ 15777. (Reserved).

SUBCHAPTER F

TRAINING FOR COUNTY HEALTH,

WELFARE AND PROBATION PERSONNEL

Sec.

15780. Attendance at training courses and conferences.

§ 15780. Attendance at training courses and conferences.

(a) General rule.--The county commissioners may approve for

county health, human services or probation personnel to attend

the following at the county's expense:

(1) Appropriate training courses.

(2) National or State conferences in the health, welfare

or correctional fields.

(b) Account of expenses.--Each individual attending a

training course or conference shall submit an itemized account

of expenses related to the event under section 12346 (relating

to associations and organizations concerned with governmental

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affairs).

SUBCHAPTER G

(Reserved)

SUBCHAPTER H

GENERAL HOSPITALS

Sec.

15799.5. Establishment and creation of municipal authorities.

15799.6. Expenses.

15799.7. Administration of hospitals.

15799.8. Use of hospital.

§ 15799.5. Establishment and creation of municipal authorities.

The county commissioners may acquire, hold, construct,

improve, maintain and operate, own and lease, either in the

capacity of lessor or lessee, general hospitals within the

county for the use, benefit, health, comfort, safety and general

welfare of the residents of this Commonwealth and appropriate

money from the county treasury for such purposes or may create a

municipal authority under the former act of May 2, 1945

(P.L.382, No.164), known as the Municipal Authorities Act of

1945, and appropriate money to the municipal authority for any

of the purposes under this section.

§ 15799.6. Expenses.

All expenses incident to the maintenance and operation of a

hospital owned or leased to the county, or otherwise established

under section 15799.5 (relating to establishment and creation of

municipal authorities), including any lease rentals payable by

the county to a municipal authority shall be paid by the county

out of county money.

§ 15799.7. Administration of hospitals.

A hospital owned by or leased to the county may be operated

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by and under the authority of the county commissioners in the

same manner that other county buildings and institutions are

operated or may be subleased to the governing body of a general

hospital within the county for operation by the governing body.

§ 15799.8. Use of hospital.

Each hospital owned by or leased to the county shall be used

for the benefit of all residents within the county in which the

hospital is located, and all residents within the county 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 an individual who willfully

violates any rule or regulation adopted for the hospital by the

county commissioners. The county commissioners may charge and

collect from an individual admitted to the hospital or an

individual legally responsible for their maintenance, reasonable

compensation for the care, treatment and maintenance of the

individual.

CHAPTER 159

AERONAUTICS AND TRANSPORTATION

Subchapter

A. Aeronautics

B. Second Class A County Transit and Traffic Commission

SUBCHAPTER A

AERONAUTICS

Sec.

15900. Definitions.

15901. Authority to establish airports.

15902. Acquisition of land for aeronautical purposes.

15903. Condemnation proceedings and title.

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15904. Agreements for airport facilities.

15905. Joint operation and leasing.

15906. Engineering and construction and appropriations.

15907. Contracts for construction and repairs.

15908. Validation of contracts.

15909. Airport appropriation assistance.

15909.1. Issuance of revenue bonds for airport facilities in

counties.

15910. Municipal approval required.

§ 15900. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Airport." As defined in 74 Pa.C.S. § 5102 (relating to

definitions).

§ 15901. Authority to establish airports.

Subject to the provisions of 74 Pa.C.S. (relating to

transportation), a county may establish, construct and provide

for airports in accordance with the provisions of this article.

§ 15902. Acquisition of land for aeronautical purposes.

(a) Use of land.--A county may use land within the county

and owned by the county, determined by the county commissioners

to be necessary for an airport.

(b) Appropriation of land.--A county may appropriate for the

purposes of an airport lands purchased by the county at any tax

sale and not redeemed within the period of redemption, if any,

provided by law.

lease, purchase or condemnation proceedings, land lying within

its territorial limits or the territorial limits of any

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adjoining county which, in the judgment of the county

commissioners, may be necessary and desirable for the purpose of

establishing and maintaining airports or of enlarging airports,

but no land shall be acquired in any adjoining county without

the assent of the county commissioners of that county.

§ 15903. Condemnation proceedings and title.

(a) Conduct of proceedings.--The proceedings for the

condemnation of lands under this chapter and for the assessment

of damages for property taken, injured or destroyed shall be

conducted in the same manner as provided by law for the

condemnation of land or buildings for county purposes in the

county in which the land is situated.

(b) Acquisition of title.--The title acquired by virtue or

any condemnation may be a title in fee simple or any lesser

estate, including an easement for aviation or any other purpose.

§ 15904. Agreements for airport facilities.

A county acquiring land for an airport may enter into

agreements for the use of all or a part of the land, for

adequate consideration, after due public notice to a person

desiring to use the same for the purposes of taking off or

landing an airplane, for other aviation purposes or for any

nonaviation purpose, on terms and subject to conditions and

regulations. 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 not needed for airport purposes within the term of

the lease. A county may enter into a contract in the form of a

lease providing for the use of airport land or any part thereof

by the Federal Government for air mail delivery or other

aviation purposes upon nominal rental or without consideration.

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§ 15905. Joint operation and leasing.

A county acquiring land for an airport purpose may operate

and maintain airport facilities jointly with a municipal

corporation or other political subdivision, upon terms and

conditions as may be agreed upon between the authorities of the

municipal corporation or other political subdivision and the

county commissioners, and the joint airport facilities may be

operated and leased, as provided under this subchapter, upon the

joint action of the authorities involved and the county

commissioners.

§ 15906. Engineering and construction and appropriations.

A county acquiring land for airport purposes may, by

resolution of the county commissioners, appropriate money for

the engineering design, surveys and construction of airport

facilities, either individually or in cooperation with Federal,

State or other public agencies supplying a portion of the

necessary money for the work.

§ 15907. Contracts for construction and repairs.

In establishing, maintaining and operating airport

facilities, if construction, repair or purchase of roadways,

runways, buildings and facilities, is deemed necessary within or

for use within the limits of land acquired for the purpose of

establishing, maintaining and operating airport facilities,

submission to a court or grand jury of any county is not

necessary, but a contract under this chapter shall be entered

into as provided for in Chapter 151 (relating to contracts), and

for joint establishment, operation and maintenance with any

other political subdivision, a contract shall be entered into as

provided for the general business of the participating political

subdivisions.

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§ 15908. Validation of contracts.

A contract executed prior to July 28, 1953, for counties of

the second class A, and August 9, 1955, for counties of the

third, fourth, fifth, sixth, seventh and 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 a

county and entered into as provided for the general business of

the county or other political subdivisions jointly interested,

are ratified, confirmed, approved and declared lawful contracts.

§ 15909. Airport appropriation assistance.

The county commissioners may appropriate money to assist a

municipal corporation or other political subdivision, or

municipality airport authority, within the county or within any

adjacent county to acquire, establish, operate and maintain

airport facilities.

§ 15909.1. Issuance of revenue bonds for airport facilities in

counties.

(a) General rule.--In addition to present methods of

financing, the county commissioners of counties of the second

class A may issue revenue bonds, under 53 Pa.C.S. Pt. VII Subpt.

B (relating to indebtedness and borrowing), for sufficient money

for and toward the acquisition, construction, reconstruction,

extension or improvement of airport facilities, including

airports, terminals, hangars, parking areas and all other

facilities, with bonds 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

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service of the same.

(b) Lease of airport facilities.--Airport facilities

financed by the issuance of revenue bonds 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 issued bonds.

and expenses incident to constructing and financing the

facilities and selling and distributing the bonds.

(d) Construction.--Nothing in this section shall be

construed as modifying or restricting the power of any county of

the third, fourth, fifth, sixth, seventh and eighth class to

incur debt for the acquisition, construction, reconstruction,

extension or improvement of airport facilities, including

airports, terminals, hangers, parking areas and all other

facilities necessary or appropriate, to the extent the power

exists on December 23, 2018.

§ 15910. Municipal approval required.

Federal or State money from the Aviation Restricted Account

in the Motor License Fund or any other State money may not be

expended for airport operations or airport development in any

county of the second class A having a population in excess of

675,000 individuals without the approval of the municipality or

municipalities in which an airport is situated.

SUBCHAPTER B

SECOND CLASS A COUNTY TRANSIT AND TRAFFIC COMMISSION

Sec.

15950. Creation of county transit and traffic commission.

15951. Duties of county transit and traffic commission.

§ 15950. Creation of county transit and traffic commission.

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(a) Establishment.--The county commissioners of a county of

the second class A may establish a county transit and traffic

commission under this subchapter.

(b) Existing commission.--A county transit and traffic

commission existing on December 24, 2018, may continue to exist

under this subchapter.

shall be composed of nine members in accordance with the

following:

(1) Each of the nine members shall be residents of the

county in accordance with the following:

(i) Not more than four of the members shall be

residents of cities in the county.

(ii) Not more than two of the members shall be

regular employees of a publicly financed body.

(2) Members shall be individuals experienced in at least

one of the following:

(i) Engineering.

(ii) Commerce.

(iii) Finance.

(iv) Law.

(v) Transportation.

(vi) Traffic matters.

(3) Each member shall be appointed by the county

commissioners.

(4) If there is an existing board on December 24, 2018,

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.

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(d) Terms, quorums and vacancies.--

(1) Each member shall serve for a term of six years.

(2) Five members shall constitute a quorum.

(3) An appointment to fill a vacancy shall be only for

the unexpired term of the vacancy.

(e) Organization.--The commission members may make rules and

regulations for the commission's organization and procedure

consistent with the resolutions of the county commissioners and

the laws of this Commonwealth.

(f) Compensation and expenses.--

(1) Members shall serve without compensation.

(2) The county commissioners may provide for the

following expenses, at the county commissioners' discretion,

by resolution and appropriation:

(i) Employment of a technical staff or other

individuals as necessary.

(ii) Necessary expenses of the commission.

§ 15951. Duties of county transit and traffic commission.

(a) Duties.--The duties of the county transit and traffic

commission shall be to:

(1) Investigate transit, traffic and parking conditions

in the county, including the volume and characteristics of

the movement of public carriers, including 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) Fully consider the coordination of existing

transportation services.

(3) Investigate and study safety measures for

individuals and vehicles on highways, streets and

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thoroughfares in the county.

(4) Advise and consult 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.

refer any plan, proposal or resolution affecting public

transportation and the safety of the public on public

transportation facilities and on highways, bridges and tunnels

in the county to the county transit and traffic commission for

consideration and recommendation. The county transit and traffic

commission shall report to the county commissioners on the plan,

proposal or resolution within a reasonable period of time.

(d) County planning commission.--

(1) In lieu of the creation of a county transit and

traffic commission in the county in which 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 subchapter upon the county

transit and traffic commission. Upon the passage of the

resolution by the county commissioners, the terms of office

of the existing county transit and traffic commissioners

shall terminate, and the commissioners shall deliver all

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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) may 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.

CHAPTER 161

GROUNDS AND BUILDINGS

Subchapter

A. General Provisions

B. Acquisition, Use, Leasing and Disposing of Real Property

for County

C. Acquisition, Construction or Alteration of County

Buildings

D. Policing, Administration and Public Order of Grounds and

Buildings

E. Special Provisions for Temporary County Buildings and for

Rooms in County Buildings

E.1. Special Provisions for Temporary County Buildings and

for Rooms in County Buildings in Counties of the Second

Class A

F. Improvement of Streets Along County Buildings and Street

Lighting

G. Public Accommodations

H. Monuments and Memorials

I. Public Auditoriums, Public Libraries, Public Memorial

Buildings and Monuments

J. Homes and Hospitals

K. Morgues

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L. (Reserved)

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

16101. Title to real estate vested in county.

16101.1. Days and hours of courthouse and offices.

16102. Exemption from taxation and attachment.

16102.1. Payments in lieu of taxes.

16103. (Reserved).

16104 Credit of county available for grounds and buildings.

§ 16101. Title to real estate vested in county.

The title to all real property acquired by or for the use of

the county shall be vested in the county for the use of the

people in the county and for no other use, except as provided in

this chapter.

§ 16101.1. Days and hours of courthouse and offices.

The county commissioners shall determine when the county

courthouse and all county offices located elsewhere shall be

open.

§ 16102. Exemption from taxation and attachment.

Except as provided under section 16106(b) (relating to

authority to sell or lease real property) 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.

§ 16102.1. Payments in lieu of taxes.

If real property of the county is not presently being used

for the purposes for which it was acquired, the county may make

payments in lieu of taxes for the property to political

subdivisions in which the property is located.

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§ 16103. (Reserved).

§ 16104 Credit of county available for grounds and buildings.

In the acquisition, construction or alteration of land and

buildings for county purposes, the commissioners may issue bonds

as provided by law.

SUBCHAPTER B

ACQUISITION, USE, LEASING AND DISPOSING

OF REAL PROPERTY FOR COUNTY

Sec.

16105. Acquiring and using real property and exceptions.

16105.1. Acquiring and developing industrial areas.

16106. Authority to sell or lease real property.

16106.1. Authority to sell certain property as a single unit.

16107. (Reserved).

16108. (Reserved).

16109. (Reserved).

16110. (Reserved).

16111. Disposing of county property for other uses and

demolition.

§ 16105. Acquiring and using real property and exceptions.

(a) General rule.--The county commissioners may acquire real

property by purchase for not more than the fair market value,

gift, devise or eminent domain. The county commissioners may

acquire, improve and maintain real property at the county seat

or in other places as the county commissioners deem necessary

for the purposes of a county courthouse, prison and other

facilities necessary for county purposes. The fair market value

of real property for a purchase valued in excess of $10,000

shall be determined by the county commissioners in consultation

with two of the following:

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(1) The county assessor.

(2) Licensed real estate brokers.

(3) Licensed real estate appraisers doing business

within the county.

(b) Other uses of property.--The county commissioners may

also use real property, as authorized by law, owned by the

county and deemed suitable by the county commissioners for the

purposes under subsection (a), except property that is bound by

contract to another public use.

provide for the grading, filling, draining, gardening and

otherwise improving and maintaining of all lands for county

buildings, either by contract or by county employees, as the

county commissioners deem proper.

(d) Application.--This section shall not apply to an

acquisition of real property by a county, either by tax sales or

by other purchases, that is specifically provided for under

another provision of law.

§ 16105.1. Acquiring and developing industrial areas.

(a) General rule.--The county commissioners may purchase,

accept 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 money to bring utilities within a

county industrial area and to develop an area for industrial

sites.

(b) Sale or lease of land.--A county may sell, or lease for

a term not to exceed 99 years, to an industrial development

organization, with or without consideration, lands, easements or

rights in land, together with any improvements, buildings or

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structures on the land owned by the county for the purpose of

establishing or enlarging a 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 an agreement with an industrial

development organization for the industrial development of

the lands, easements or rights in lands.

(3) An instrument of sale, lease or other agreement made

under 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.

§ 16106. Authority to sell or lease real property.

(a) General rule.--The county commissioners may sell any

estate in real property for not less than the fair market value.

If the county 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, the

knowledge or belief shall be advertised, together with the

description of the land, in at least one newspaper of general

circulation in the county. In the case that the fair market

value of the real property is estimated to be in excess of

$10,000, the fair market value shall be determined by the county

commissioners in consultation with two of the following:

(1) The county assessor.

(2) Certified broker-appraisers.

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(3) Certified real estate appraisers doing business

within the county.

(b) Lease of property.--The county commissioners may lease

an estate in real property owned by the county or other real

property for which the county is the lessee. For a lease of

county property, the property, with improvements or additions on

or to the property, shall, in the hands of the lessee, be

subject to taxation by the county and any other political

subdivision in the county in the same manner as other real

estate located in the county. The taxes shall be levied and

assessed against and paid by the lessee.

county real property is to be sold to any of the following:

(1) A political subdivision, volunteer fire company,

volunteer ambulance service or volunteer rescue squad located

within the county.

(2) A municipal authority under 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 may not apply to property owned and operated

by a county or subcontracted or operated on the behalf of a

county in order to conduct existing government functions.

(4) A person for the exclusive use of the property in an

industrial development program.

(5) A nonprofit corporation organized as a public

library for the exclusive use as a library.

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(6) A nonprofit medical service corporation for the

exclusive use as a site for a medical service facility.

(7) A nonprofit housing corporation.

(8) The Federal Government.

(9) The Commonwealth.

(10) An authority under the act of August 23, 1967

(P.L.251, No.102), known as the Economic Development

Financing Law.

(11) A redevelopment authority under 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 under 53 Pa.C.S. Ch. 23 Subch. A

(relating to intergovernmental cooperation).

(d) Sale to qualified entity.--If the real property is sold

or leased to a qualified entity under subsection (c), the

commissioners may elect to accept nominal consideration for the

sale as the commissioners deem appropriate. Real property sold

under this subsection to an entity under subsection (c), other

than a city, borough, town, township, institution district,

school district, municipal authority under 53 Pa.C.S. Ch. 56

located within the county, the Federal Government or the

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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.

(e) Application.--This section does not apply to leases or

sales of county property or other property which are otherwise

specifically provided for by law.

(f) Transfer of interest in real property.--The

commissioners shall provide for the transfer of an interest in

real property under this section by deed or by written lease

under the seal of the county, as applicable.

§ 16106.1. Authority to sell certain property as a single unit.

Notwithstanding any other provisions of law, if the county

commissioners 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 the

care of dependents and the contents of personal property used in

connection with and incidental to the operation of the

institution, as a single unit. The 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 this part relating

to the sale of real property.

§ 16107. (Reserved).

§ 16108. (Reserved).

§ 16109. (Reserved).

§ 16110. (Reserved).

§ 16111. Disposing of county property for other uses and

demolition.

(a) General rule.--If the county commissioners find that an

existing county building is no longer suitable for its original

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purpose or if the county has acquired or received an interest in

real property which the county commissioners find is not

suitable for the use of the county, the county commissioners may

do any of the following:

(1) Devote the real property to another public purpose.

(2) Convey by sale or gift the real property to a public

or charitable institution.

(3) Convey by sale or gift the real property to a

political subdivision within the county.

(4) Demolish or relocate the building.

(b) Conveyance of real property.--For the purposes of this

section, the county 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.

Chapter 151 (relating to contracts), the county may convey

personal property together with an interest in real property for

the purposes of this section.

(d) Application.--Nothing in this section shall supersede

the procedures or limitations on the disposition of county

property imposed by law.

SUBCHAPTER C

ACQUISITION, CONSTRUCTION OR ALTERATION OF COUNTY BUILDINGS

Sec.

16115. Authority and procedure for acquiring, constructing or

altering county buildings.

16116. Right to build on public squares.

16117. Separate bids for plumbing, heating, ventilating, air

conditioning, electrical work, elevators and

escalators.

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16118. Contract performance security and payment bonds.

16119. Compliance with workers' compensation law.

16120. (Reserved).

§ 16115. Authority and procedure for acquiring, constructing or

altering county buildings.

(a) General rule.--The county commissioners may purchase or

accept by gift any building authorized by law deemed suitable

and proper by the county commissioners for use as a county

building.

(b) Construction or alteration.--The county commissioners

may provide for the construction or alteration, including

enlargement of any county building. If the county commissioners

undertake any construction or alteration, the county

commissioners shall prepare plans and specifications for the

construction or alteration. The county commissioners shall

secure bids and provide for the formation of contracts necessary

for the construction or alteration according to this act.

§ 16116. Right to build on public squares.

If the courthouse or other building of the county is located

upon a public square or common in the city, borough or town then

being the county seat, and a new building is authorized and

required to be erected, in place of the courthouse or other

building, the county commissioners may erect a new building upon

any other of the public squares or commons of the city, borough

or town, or upon any part thereof.

§ 16117. Separate bids for plumbing, heating, ventilating, air

conditioning, electrical work, elevators and

escalators.

(a) General rule.--In the preparation of specifications for

the erection, construction and alteration of a public building,

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if the entire cost of the work shall exceed the base amount

established under section 15101 (relating to commissioners sole

contractors for county generally), the architect, engineer or

other person preparing specifications shall prepare the

following separate specifications:

(1) Plumbing.

(2) Heating, ventilating and air conditioning.

(3) Electrical work.

(4) Elevators and escalators.

(5) One complete set of specifications for all work not

otherwise specified.

(b) Separate bids.--The county commissioners shall receive

separate bids upon each of the branches of work under subsection

(a) and award the contract to the lowest responsible bidder for

each of the branches, including the balance of the work not

otherwise specified.

separate specification 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 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, the county commissioners

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

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resolution, the authority shall request written proposals

from proposers for a project involving selected public

purpose facilities under an alternative contracting method.

In a request for proposals, the authority shall include

terms, conditions and requirements which the authority 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, upon recommendation

of a 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) A 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

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enactment or reenactment of substantially similar separate

bid specification requirements.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Alternative contracting procedure." A procedure under which

a proposer would be responsible for all aspects or phases

necessary to achieve the development of a parcel of property.

The aspects or phases of development may include the planning,

design, finance, construction and management of property.

"Design/build contract." A construction contract in which

the contractor is responsible for both the design and

construction of a public structure, building or other public

improvement of any kind to any public real property.

"Project." 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." The governmental body or entity to use

the selected public purpose facility under a contract or lease

with the authority.

"Proposer." A firm, organization or company or a combination

of firms, organizations or companies acting as a partnership,

joint venture, consortium or similar joint relationship with

sufficient knowledge, expertise and experience in design/build

contracts.

§ 16118. Contract performance security and payment bonds.

(a) General rule.--Unless covered under the bonding

requirements of the act of December 20, 1967 (P.L.869, No.385),

known as the Public Works Contractors' Bond Law of 1967, for

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construction contracts awarded for amounts between $25,000 and

$100,000, the successful bidder shall furnish a bond

guaranteeing performance of the contract, in an amount as

determined by the county commissioners at the time of

advertising for bids, which shall be no less than 10% or more

than 100% of the amount of the contract, within 30 days after

the contract is awarded. If a construction contract is awarded

in excess of $100,000, the following bonds shall be delivered to

the county and shall be binding on the parties upon the

execution of the contract:

(1) A performance bond, executed by a surety company

authorized to do business in this Commonwealth and made

payable to the county, in an amount determined by the county

commissioners at the time of advertising for bids which shall

be not less than 50% or more than 100% of the price specified

in the contract and conditioned upon the faithful performance

of the contract in accordance with the plans, specifications

and conditions of the contract.

(2) A payment bond, executed by a surety company

authorized to do business in this Commonwealth and made

payable to the county, in an amount equal to 100% of the

price specified in the contract and conditioned upon the

prompt payment for all materials furnished or labor supplied

or performed in the prosecution of the work. Labor and

materials include public utility services and reasonable

rentals of equipment for the periods when the equipment is

actually used at the site.

(b) Bond protection.--A performance bond shall be solely for

the protection of the county. A payment bond shall be solely for

the protection of claimants supplying labor or materials to the

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prime contractor to whom the contract was awarded or to any

subcontractors in the prosecution of the work provided for in

the contract, regardless of if the labor or materials constitute

a component part of the construction.

construed to limit the authority of the county commissioners to

require a performance bond, payment bond or other security in

addition to those bonds or in circumstances other than specified

in subsection (a).

(d) Payment bonds.--Actions on payment bonds shall be in

accordance with the following:

(1) Subject to paragraph (2), a claimant who has

performed labor or furnished material in the prosecution of

the work under a contract for which a payment bond has been

given under subsection (a) and who has not been paid in full

before the expiration of 90 days after the day on which the

claimant performed the last of the labor or furnished the

last of the materials for which it claims payments may bring

an action on the payment bond in its own name, in assumpsit,

to recover any amount due it for the labor or material and

may prosecute the action to final judgment and have execution

on the judgment.

(2) A claimant who has a direct contractual relationship

with a subcontractor of the prime contractor who gave the

payment bond but has no contractual relationship, express or

implied, with the prime contractor may bring an action on the

payment bond only if the claimant has given written notice to

the contractor within 90 days from the date on which the

claimant performed the last of the labor or furnished the

last of the materials for which it claims payment, stating

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with substantial accuracy the amount and the name of the

person for whom the work was performed or to whom the

material was furnished.

(3) Notice shall be served by registered mail in an

envelope addressed to the contractor at any place where the

contractor's office is regularly maintained for the

transaction of business or served in any manner in which

legal process may be served in the manner provided by law for

the service of a summons except that the service need not be

made by a public officer.

(e) Dollar thresholds.--The dollar thresholds provided under

subsection (a) shall be adjusted annually to reflect the annual

percentage change in the Composite Construction Cost Index of

the United States Department of Commerce occurring in the one-

year period ending on December 31 of each year.

§ 16119. Compliance with workers' compensation law.

(a) General rule.--Each contract executed by the county

commissioners, which involves 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 a contract is concerned, the provisions of the

act of June 2, 1915 (P.L.736, No.338), known as the Workers'

Compensation Act, and that the contractor will insure

contractor's liability under the act or file with the county

commissioners a certificate of exemption from insurance from the

Department of Labor and Industry.

(b) Proof of compliance.--The county commissioners, before

signing on behalf of the county a contract requiring in its

performance the employment of labor, shall require proof that

the contractor with whom the contract is made shall have

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accepted the Workers' Compensation Act and any reenactments,

supplements or amendments to the act, and proof that the

contractor has complied with subsection (a).

provisions of this section shall be null and void.

§ 16120. (Reserved).

SUBCHAPTER D

POLICING, ADMINISTRATION AND PUBLIC ORDER

OF GROUNDS AND BUILDINGS

Sec.

16125. Buildings and grounds.

16126. Security and grounds employees.

16127. Display of municipal flags on county buildings

authorized.

16128. (Reserved).

16129. (Reserved).

§ 16125. Buildings and grounds.

Except as otherwise provided by law, the county 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.

§ 16126. Security and grounds employees.

(a) Security officers.--The county commissioners may appoint

one or more security officers to guard and protect the county

buildings and to enforce this part and other related laws. The

security officers shall have power to arrest on view a person

violating this part.

(b) Grounds employees.--The county commissioners may employ

persons as may be necessary to provide for maintenance and

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repair of all county buildings and grounds.

§ 16127. Display of municipal flags on county buildings

authorized.

It shall be lawful to display the flag of any county, city,

borough or other municipality in the Commonwealth or the

official POW/MIA flag on the public buildings or grounds of any

county.

§ 16128. (Reserved).

§ 16129. (Reserved).

SUBCHAPTER E

SPECIAL PROVISIONS FOR TEMPORARY COUNTY BUILDINGS

AND FOR ROOMS IN COUNTY BUILDINGS

Sec.

16135. (Reserved).

16136. (Reserved).

16137. Room or building for juvenile offenders awaiting trial.

16138. (Reserved).

16139. Furnishing rooms for meetings of veterans and other

organizations.

§ 16135. (Reserved).

§ 16136. (Reserved).

§ 16137. Room or building for juvenile offenders awaiting

trial.

The county commissioners of the third, fourth, fifth, sixth,

seventh and eighth class shall provide, furnish and heat within

the county a separate room or rooms or a suitable building to be

used exclusively for the confinement of any and all alleged or

adjudicated delinquent children or dependent children as defined

in 42 Pa.C.S. § 6302 (relating to definitions) who may be in

custody awaiting trial or hearing in the courts of the county,

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and provide for the maintenance and care of the children while

in custody.

§ 16138. (Reserved).

§ 16139. Furnishing rooms for meetings of veterans and other

organizations.

The county commissioners may, upon application, furnish

meeting accommodations to any veterans, veterans auxiliary or

other civic organization.

SUBCHAPTER E.1

SPECIAL PROVISIONS FOR TEMPORARY COUNTY BUILDINGS

AND FOR ROOMS IN COUNTY BUILDINGS

IN COUNTIES OF THE SECOND CLASS A

Sec.

16139.1. Scope of subchapter.

16139.2. Room or building for juvenile offenders awaiting trial.

16139.3. Management of houses for detention of juveniles and

appointment of board and ex officio members.

16139.4. Appointment and compensation of employees.

16139.5. Annual report and expenses.

16139.6. Appropriation and bond issues.

§ 16139.1. Scope of subchapter.

This subchapter shall apply to counties of the second class

§ 16139.2. Room or building for juvenile offenders awaiting

trial.

The county commissioners shall provide, furnish and heat

within the county a separate room or rooms or a suitable

building to be used exclusively for the confinement of alleged

or adjudicated delinquent children or dependent children as

defined in 42 Pa.C.S. § 6302 (relating to definitions) who are

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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.

§ 16139.3. Management of houses for detention of juveniles and

appointment of board and ex officio members.

(a) Board of managers.--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 the following members:

(1) Three county commissioners.

(2) The county controller.

(3) Six private citizens to be appointed as follows:

(i) Three to be appointed by the president judge of

the court of common pleas.

(ii) Three to be appointed by the chairperson of the

county commissioners.

(b) Designees.--The county commissioners and the controller

may appoint individuals to act as designees for the purpose of

attending meetings of the board, and the designees shall have

the right to vote at the meetings.

the board may not be officers or employees of the county.

(d) Existing boards of managers.--The members of the board

of managers existing in the county shall remain as members of

the board or boards of managers created in this subchapter until

the expiration of the terms to which the members were appointed.

Annually thereafter, the members or successors shall be

appointed for a term of three years.

(e) Vacancies.--Vacancies occurring in the membership of the

board shall be filled for the unexpired term by the chairperson

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of the county commissioners or the president judge of the court

of common pleas, depending upon who originally appointed the

board member.

(f) Compensation.--The members of the board shall serve

without compensation.

§ 16139.4. Appointment and compensation of employees.

The board of managers may appoint a superintendent and

additional staff members as may be necessary, whose salaries

shall be paid by the county. The number and compensation of the

employees shall be fixed by the salary board of the county.

§ 16139.5. Annual report and expenses.

On or before November 1, the board of managers shall annually

report to the county commissioners 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 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.

§ 16139.6. Appropriation and bond issues.

The county commissioners shall have power and authority for

the purpose of housing juveniles to appropriate money from

public money or to issue bonds in the manner provided by law for

the purchase of lands or erecting, constructing and equipping a

building or buildings.

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SUBCHAPTER F

IMPROVEMENT OF STREETS ALONG

COUNTY BUILDINGS AND STREET LIGHTING

Sec.

16145. Joining with municipalities in improving certain streets

and highways.

16146. Ornamental illumination.

§ 16145. Joining with municipalities in improving certain

streets and highways.

(a) General rule.--The county commissioners may join with

the governing body of a municipal corporation in the grading,

regrading, paving, repaving and improvement of so much of the

streets and highways as are in, upon or alongside of the grounds

of a county building.

(b) Contract with municipalities.--The county commissioners

may enter into contract with a municipality to pay a fair

proportion of the expense of grading, regrading, paving,

repaving and improvement of the streets and highways and may

appropriate from the county treasury sufficient money for this

purpose. The county commissioners may act with any committee

appointed by municipalities to establish grades, determine the

kind and quality of paving materials to be used and ratify the

contracts entered into by the municipalities in the course of

the improvements.

paving materials and proportion of expenses to be paid by the

county shall be specified by a contract formulated under this

section.

§ 16146. Ornamental illumination.

(a) General rule.--The county commissioners may appropriate

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money 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) Limitation.--The appropriation by the county

commissioners under subsection (a) may not exceed the amount

that shall be assessed for ornamental illumination upon owners

of an equivalent frontage of property abutting upon the street,

measured by the foot front rule.

SUBCHAPTER G

PUBLIC ACCOMMODATIONS

Sec.

16150. Appropriations for public accommodations.

§ 16150. Appropriations for public accommodations.

(a) General rule.--The county commissioners may appropriate

money to assist a municipality to construct and maintain public

restrooms and related facilities.

(b) Courthouse rest and waiting rooms.--The county

commissioners may provide or cooperate with a municipality or

municipal authority to equip and maintain in the courthouse rest

or waiting rooms for the public.

county for the purposes of a courthouse or other county building

or facility may be leased by the county to a municipality being

the county seat of the county for the purpose of the

construction of a public comfort station by the municipality.

SUBCHAPTER H

MONUMENTS AND MEMORIALS

Sec.

16155. Monuments, memorials and memorial halls to war veterans.

16156. Assistance to private or municipal agencies.

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16157. (Reserved).

16158. (Reserved).

16159. Existing buildings.

16160. Donations.

16161. Maintenance of hall.

16162. (Reserved).

16163. Board of control.

16164. Flagstaff and display of flag.

16165. Acquisition of additional land and equipment,

furnishings, etc.

16166. Tax levy and increase or indebtedness.

16167. Preservation, maintenance, repair and completion of

public monuments.

§ 16155. Monuments, memorials and memorial halls to war

veterans.

The county commissioners may appropriate money for and

provide for the erection of monuments, memorials or memorial

halls commemorating or honoring the services of any individual

who has served in the armed forces of the United States or in

any auxiliary organization officially connected with a division

of the armed forces of the United States.

§ 16156. Assistance to private or municipal agencies.

The county commissioners may appropriate money to assist any

individual, private corporation or municipal corporation in the

erection of a monument, memorial or memorial hall authorized

under section 16155 (relating to monuments, memorials and

memorial halls to war veterans).

§ 16157. (Reserved).

§ 16158. (Reserved).

§ 16159. Existing buildings.

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The county commissioners may acquire by any lawful means any

real property which can be altered and improved so as to be made

suitable for a memorial hall.

§ 16160. Donations.

For the purpose of aiding in the acquisition of real property

and erection and construction of a memorial hall, voluntary

donations and contributions may be accepted by the county

commissioners from individuals, associations and organizations.

§ 16161. Maintenance of hall.

A county memorial hall shall be the property of and shall be

maintained at the expense of the county.

§ 16162. (Reserved).

§ 16163. Board of control.

(a) Establishment.--In a county in which the county

commissioners have established a memorial hall, the county

commissioners shall establish a board of control of the memorial

hall and shall establish the powers and duties of the board of

control to provide for the operation and maintenance of the

memorial hall. The county 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) Existing boards of control.--A board of control

established prior to December 24, 2018, shall continue according

to the provisions of law that applied at the time that the board

was established until the county commissioners take an action

under subsection (a).

§ 16164. Flagstaff and display of flag.

A flagstaff shall be erected upon any county memorial hall

from which the flag of the United States shall be displayed from

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sunrise to sunset on each day of the year.

§ 16165. Acquisition of additional land and equipment,

furnishings, etc.

In a county in which there is a memorial hall in honor of the

soldiers, sailors or marines from the county, the county

commissioners may acquire additional land adjoining the memorial

hall to enhance and preserve the beauty and character of the

memorial hall or equip, furnish, decorate and make additions to

the memorial hall, or both.

§ 16166. Tax levy and increase or indebtedness.

The county commissioners may levy and collect a tax upon the

taxable persons and property within the county or increase the

indebtedness of the county according to 53 Pa.C.S. Pt. VII

Subpt. B (relating to indebtedness and borrowing) to pay for the

following:

(1) Erecting a memorial hall, including the purchased or

condemned ground upon which the memorial hall is erected.

(2) Acquiring additional land or enlarging, equipping,

furnishing or decorating of a memorial hall.

§ 16167. Preservation, maintenance, repair and completion of

public monuments.

The county 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 money for these purposes. If a

public monument referred to in this section has been partially

completed, either in construction or payment, the commissioners

may appropriate money for the purpose of completion.

SUBCHAPTER I

PUBLIC AUDITORIUMS, PUBLIC LIBRARIES,

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PUBLIC MEMORIAL BUILDINGS AND MONUMENTS

Sec.

16168. Acquiring of property.

16169. Rental of auditoriums.

16170. (Reserved).

§ 16168. Acquiring of property.

Counties may acquire property according to this chapter for

the purpose of erecting public auditoriums, public libraries,

public memorial buildings and monuments.

§ 16169. Rental of auditoriums.

Revenue derived from rental of a public auditorium shall

first be devoted to the maintenance of the auditorium and any

remaining annual balance accruing from rent shall be deposited

in the general fund of the county.

§ 16170. (Reserved).

SUBCHAPTER J

HOMES AND HOSPITALS

Sec.

16174. Donations to orphans' or childrens' homes.

16175. Management and control of orphans' home.

16176. Admission to home.

16177. Maintenance of childrens' homes.

16178. (Reserved).

16179. (Reserved).

16180. (Reserved).

16181. (Reserved).

16182. (Reserved).

16183. (Reserved).

16184. (Reserved).

16185. (Reserved).

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§ 16174. Donations to orphans' or childrens' homes.

The county commissioners may receive real or personal

property which 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 who depend on the county for support.

§ 16175. Management and control of orphans' home.

An orphans' home shall be under the management and control of

the county commissioners. The county commissioners may appoint a

superintendent and assistants as necessary to properly conduct

the affairs of the home.

§ 16176. Admission to home.

Indigent orphans and children shall be admitted to an

orphans' or childrens' home on order of the county

commissioners.

§ 16177. Maintenance of childrens' homes.

If a property has been given or granted to a county for a

childrens' home and a home is established, the county may

appropriate money for the support and maintenance of orphans and

children and for the payment of the salary of the superintendent

and assistants.

§ 16178. (Reserved).

§ 16179. (Reserved).

§ 16180. (Reserved).

§ 16181. (Reserved).

§ 16182. (Reserved).

§ 16183. (Reserved).

§ 16184. (Reserved).

§ 16185. (Reserved).

SUBCHAPTER K

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MORGUES

Sec.

16190. Authority to provide and approval.

16191. (Reserved).

16192. (Reserved).

16193. (Reserved).

§ 16190. Authority to provide and approval.

The county commissioners may buy or lease land and construct

and maintain on the land, at the expense of the county, a morgue

for the reception of all deceased individuals under the care and

custody of the coroner.

§ 16191. (Reserved).

§ 16192. (Reserved).

§ 16193. (Reserved).

SUBCHAPTER L

(Reserved)

CHAPTER 163

EMINENT DOMAIN AND INJURY TO PROPERTY

Sec.

16301. Exercise of eminent domain.

16302. Restrictions as to certain property.

16303. Declaration of intention.

16304. Application of 26 Pa.C.S.

§ 16301. 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.

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§ 16302. Restrictions as to certain property.

(a) Prohibition.--Except as provided in subsection (b), land

or property used for a cemetery, burying ground or place of

public worship may not be taken or appropriated by virtue of a

power contained in this chapter.

(b) Exception for certain counties.--The prohibition in

subsection (a) shall not apply to a county of the second class A

in which 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."

third, fourth, fifth, sixth, seventh and eighth class, the

right-of-way of a railroad company may not be acquired or

occupied without the consent of the company owning or operating

or in possession of the property.

§ 16303. Declaration of intention.

A county shall declare its intention to acquire, enter upon,

take, use and appropriate any private property or land for any

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of the purposes authorized by this chapter through a duly

enacted ordinance.

§ 16304. Application of 26 Pa.C.S.

Eminent domain proceedings must conform to the provisions of

26 Pa.C.S. (relating to eminent domain), including payment of

damages and costs.

CHAPTER 165

RECREATION PLACES

Sec.

16501. Acquisition of land and buildings for recreation places.

16502. Construction, equipment and maintenance and general

powers.

16503. Fair, park and recreation boards.

16504. Officers of board.

16505. (Reserved).

16506. Indebtedness.

16507. Payment of expenses, taxation, annual fairs and State

contributions.

16508. Park buildings.

16509. Use of receipts.

16510. Damages, forfeiture of leases and penalties.

16511. Employees and police.

16512. Duty of police.

16513. Property held in trust.

16514. (Reserved).

16515. (Reserved).

16516. (Reserved).

16517. Appropriations to political subdivisions for recreation

places.

§ 16501. Acquisition of land and buildings for recreation

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places.

(a) General rule.--The county commissioners may designate

and set apart for use as recreation places or for the enlarging

or extending of recreation places any lands or buildings owned

by the county and not dedicated or devoted to other public use.

(b) Extension or enlargement of recreation places.--The

county commissioners may acquire lands or buildings, by gift or

purchase, or may lease lands for use as recreation places or for

the extension or enlargement of recreation places.

accordance with this part and 26 Pa.C.S. (relating to eminent

domain):

(1) In counties of the second class A, acquire private

property for the purpose of establishing, making, enlarging,

extending, operating and maintaining public parks and

multiuse recreational trails within the limits of the county.

(2) In counties of the third, fourth, fifth, sixth,

seventh or eighth class, acquire private property by the

power of eminent domain for use as, or the extension or

enlargement of, recreation places.

(d) Limitation.--The power to acquire lands or buildings, by

gift or purchase, may not extend beyond the limits of the

particular county, except upon the consent of the adjoining

county and municipal corporation which would be affected.

(e) Joint exercise of powers.--A county may exercise the

powers granted in this part jointly with any political

subdivision.

§ 16502. Construction, equipment and maintenance and general

powers.

The county commissioners may build, alter, extend, enlarge,

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manage, supervise, equip, ornament, operate and maintain

recreation places and may vest the authority to do so in an

existing body or board or in a park board, recreation board or

fair board, any of which may be established by the county

commissioners for any purpose, function and place as the county

commissioners may determine. For the purpose of carrying out

this chapter, the county commissioners, or any body or board

vested with the authority of the county commissioners, may

employ play leaders, recreation directors, supervisors,

superintendents or any other officers or employees. The number

and salary of the employees, to the extent that the employee's

salary is paid from the money of the county, shall be determined

by the salary board. All recreation places shall be kept in good

order and repair.

§ 16503. Fair, park and recreation boards.

The county commissioners may establish a fair board, park

board or recreation board, which shall possess all the powers

and be subject to all the responsibilities of the county

commissioners in the management, supervision, operation and

maintenance of recreation places. A board shall consist of a

minimum of five individuals and a maximum of nine individuals.

The members of the boards shall be appointed by the county

commissioners for a term to extend no longer than five years and

the terms of the members shall be staggered so at least one

expires annually. Members of the board shall serve without pay.

Vacancies in the 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.

§ 16504. Officers of board.

The members of a fair board, park board or recreation board

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shall elect a chairperson 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 individuals as needed under this chapter. The boards

shall have power to adopt rules and regulations for the conduct

of all business within their jurisdiction.

§ 16505. (Reserved).

§ 16506. Indebtedness.

The county commissioners may issue bonds, in accordance with

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

borrowing), for the purpose of acquiring lands or buildings for

recreation places and for the construction, extension,

enlargement, alteration or equipment thereof.

§ 16507. Payment of expenses, taxation, annual fairs and State

contributions.

(a) General rule.--Expenses incurred in the operation of

recreation places established under this chapter shall be

payable from the treasury of the county. The county

commissioners may annually appropriate and impose a tax to raise

money for any of the purposes authorized in this chapter,

including debt service upon bond issues authorized under section

16506 (relating to indebtedness). 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) Annual fair or agricultural exhibition.--The county

commissioners or the fair board may provide for and hold an

annual fair or agricultural exhibition on county fairgrounds,

and may accept aid or contributions from the Commonwealth under

any act for the payment of premiums at any fair or exhibition.

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§ 16508. Park buildings.

The county commissioners shall have exclusive power to lease

all buildings and facilities within the park limits and to

collect rent, fees and other consideration.

§ 16509. Use of receipts.

All rents, license charges and fees, all fines, proceeds of

sales and profits that are collected, received or realized from

recreation places and buildings in any county, shall be paid

into the county treasury. Money 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.

§ 16510. Damages, forfeiture of leases and penalties.

(a) Liability for violation.--A person violating any rules

and regulations adopted for recreation places shall be liable to

the full extent of any damage committed by that person, in

trespass or other action, and a tenant or licensed party who

violates any rule and regulation, or consent to or permit the

same to be violated on the premises, shall forfeit the lease or

license and may be removed by a vote of the county

commissioners. Every lease and license shall contain a clause

stating that it shall be cause for forfeiture for a lessee or

licensed party to violate or permit or suffer any violation of

any rules and regulations.

(b) Specific offense.--In counties of the second class A,

the violation of any rules or regulations of the county

commissioners for the government of public parks shall

constitute a summary offense.

§ 16511. Employees and police.

(a) Additional personnel permitted.--For the purpose of

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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 if no penalty

or fine is involved, the county commissioners may employ or

appoint and equip proper persons as may be authorized by the

salary board, to do all necessary and proper work connected with

the requirements of this subsection, including police or guard

duty.

(b) County park police.--The county commissioners of a

county of the third class which is contiguous to a county of the

second class may, by ordinance, create or disband a county park

police force within the county. If a county park police force is

created under this chapter, 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.

§ 16512. Duty of police.

(a) Arrest and initial appearance.--The police, county park

police or guards appointed to duty in a recreation place,

building and other county-owned property may:

(1) Arrest, without warrant, an offender against the

rules and regulations, ordained or resolved by the county

commissioners, that the police, county park police or guards

appointed to duty may detect in the commission of an offense.

(2) Take the offender before a magisterial district

judge having competent jurisdiction.

(b) Primary jurisdictional area for county park police.--In

the ordinance creating a county park police force, the county

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commissioners shall designate a primary jurisdictional area

where the county park police officers shall have jurisdiction.

The primary jurisdictional area shall include only property

owned, leased or controlled by the county, by a county municipal

authority, county redevelopment authority, county industrial

development authority or agency, county airport authority or by

a community college of which the county is a local sponsor,

whether the property is within or outside the territorial limits

of the county. A county road, street or highway may not be

designated or considered as a primary jurisdictional area unless

it is located within the boundaries of a geographical area

otherwise designated by ordinance as a primary jurisdictional

area under this section.

police shall have the following powers and duties:

(1) To enforce good order and protect the grounds and

buildings within a primary jurisdictional area.

(2) To exclude all disorderly persons from the grounds

and buildings within a primary jurisdictional area.

(3) To exercise the same powers that may be exercised

under authority of law or ordinance by the police of the

municipalities in which the primary jurisdictional area is

located, including those powers conferred under 42 Pa.C.S.

Ch. 89 Subch. D (relating to municipal police jurisdiction).

(4) To prevent crime, investigate criminal acts,

apprehend, arrest and charge criminal offenders and issue

summary citations for acts committed on the grounds and in

the buildings of the primary jurisdictional area and take the

offender before the proper authority and issue charges

against the offender under the laws of this Commonwealth.

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Except when acting under 42 Pa.C.S. Ch. 89 Subch. D, county

park police shall exercise these powers and perform these

duties only on the grounds of the primary jurisdictional

area.

(5) To order off the grounds and out of the buildings

within the primary jurisdictional area all vagrants, loafers,

trespassers and persons under the influence of liquor and, if

necessary, remove them by force and, in case of resistance,

transport the offenders to the proper authority.

(6) To arrest an individual who damages, mutilates or

destroys the trees, plants, shrubbery, turf, grass plots,

benches, buildings and structures or commits any other

offense on the grounds and in the buildings within the

primary jurisdictional area and transport the offender to the

proper authority and prefer charges against the offender

under the laws of this Commonwealth.

(d) Chief and other designations.--The county commissioners

shall designate, from the county park police officers, the chief

and other ranks or classifications of officers as desired by the

county commissioners.

§ 16513. Property held in trust.

(a) Conveyance to county.--If the owner of any real property

adapted to the use or purpose of public agriculture fairs or

exhibits are willing to convey or devise the 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 of the real property and hold the real property in trust

for the benefit of the residents of the county.

(b) Acceptance of contributions.--The county commissioners

may receive and accept contributions in buildings or materials

20210SB0831PN1030 - 317 -

for additional improvements on the real property conveyed or

devised and held in trust.

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

shall be used annually for agriculture fairs and exhibitions

without any liability or expense on the part of the county. Upon

failure of a lessee to comply with terms of any lease, the

county shall retake possession of the leased property.

(d) Sale of real property.--If, for a period of five years,

public use of the real property as contemplated by the grant or

gift to the county is not made, the real property may be sold on

petition to the court of common pleas under this part for the

sale of county real property.

§ 16514. (Reserved).

§ 16515. (Reserved).

§ 16516. (Reserved).

§ 16517. Appropriations to political subdivisions for

recreation places.

The county commissioners in counties of the third, fourth,

fifth, sixth, seventh and eighth class may appropriate money

from the county treasury to aid municipal corporations in the

purchase, construction, operation and maintenance of recreation

places.

CHAPTER 167

BRIDGES, VIADUCTS AND CULVERTS

Subchapter

A. General Authority and Procedures for Providing Bridges

B. Special Authorities and Procedures

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C. Taking Over or Assisting with Township or Municipal

Bridges

D. (Reserved)

E. Taxation and Borrowing

SUBCHAPTER A

GENERAL AUTHORITY AND PROCEDURES

FOR PROVIDING BRIDGES

Sec.

16700. Definitions.

16701. Authority, definitions and application of chapter.

16702. Maintenance and repairs.

16703. Acquisition of real property.

16704. Plans and surveys for bridges and viaducts.

16705. (Reserved).

16706. (Reserved).

16707. Approval of Federal or State agencies and change in

location.

16708. (Reserved).

16709. (Reserved).

16710. (Reserved).

16711. Cost sharing.

16712. Boundary line bridges.

16713. (Reserved).

16714. Authorization to purchase.

16715. Privately owned bridge.

16716. Acceptance of donated bridge.

§ 16700. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Bridge." The term includes bridges, viaducts and culverts

and all items pertaining to bridges, viaducts and culverts.

"Road." The term includes roads, streets, highways, lanes,

alleys and all other public thoroughfares.

"Streams." The term includes streams, rivers, creeks, ponds,

lakes and all other natural waters.

§ 16701. Authority, definitions and application of chapter.

(a) Bridges and viaducts.--The county commissioners may

locate, lay out, open, construct, reconstruct, widen,

straighten, extend, alter, replace, remove and otherwise provide

for bridges and viaducts over streams and other topographical

impediments to public traffic, as parts or adjuncts of the roads

within the county for vehicles and pedestrians or for

pedestrians only, and culverts within the county or partly

within and partly without the county, in accordance with this

chapter.

(b) Application.--This chapter shall apply to necessary

approaches, abutments, slopes, walls, embankments, fills, piers

and other items pertaining to bridges, viaducts and culverts as

to the bridges, viaducts and culverts themselves.

apply to any matters relating to county bridges, viaducts or

culverts to the extent they are covered by the act of June 1,

1945 (P.L.1242, No.428), known as the State Highway Law, or of

any other law vesting in the Department of Transportation and

the various counties of the Commonwealth, rights, powers and

duties. The terms of the foregoing limitation shall apply as

well for the former act of May 28, 1937 (P.L.1053, No.286),

known as the Public Utility Law, and the Public Utility

Commission.

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(d) Entrance during exercise of authority.--Counties of the

third, fourth, fifth, sixth, seventh and eighth class may not,

in the exercise of any authority or duty conferred in this

chapter, 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 such political subdivision, except with the proper

consent of such political subdivision.

(e) Obstruction prohibited.--Bridges provided under this

chapter may not obstruct any canal or railroad, and nothing in

this chapter shall be deemed to release any railroad or other

public utility from the requirements of existing law.

§ 16702. Maintenance and repairs.

Every county bridge under this chapter shall be maintained

and kept in repair by the county or counties involved except as

may be otherwise provided by agreements between or among the

county or counties and other political subdivisions or other

persons as to the costs of the maintenance and repairs.

§ 16703. Acquisition of real property.

The county commissioners may purchase, in accordance with

this part, accept by gift or acquire by the power of eminent

domain, real property devoted to private or public use in the

manner provided by law.

§ 16704. Plans and surveys for bridges and viaducts.

If the county commissioners provide a bridge or viaduct under

this chapter, the county commissioners shall prepare plans and

surveys showing the location of the proposed structure, the

structures approaches and the property or rights of property

affected by the structure, together with any roads in any

municipal corporation proposed to be used in connection to the

project.

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§ 16705. (Reserved).

§ 16706. (Reserved).

§ 16707. Approval of Federal or State agencies and change in

location.

If a proposed bridge crosses a navigable stream or other

public water or the property or right-of-way of any railroad or

other public utility requiring the approval of any Federal or

State officer, board or body as to the location and construction

of the bridge or its approaches, the county shall have authority

to construct the bridge in another location and manner as may be

necessary to comply with the conditions prescribed by the

officer, board or body in granting approval, if the county

commissioners deem the proposed bridge necessary for the

convenience of the traveling public and accommodates

substantially the same traveling public as the bridge would have

done if it had been constructed at the location and in the

manner originally provided.

§ 16708. (Reserved).

§ 16709. (Reserved).

§ 16710. (Reserved).

§ 16711. Cost sharing.

If a bridge is proposed to be located in a municipality, the

county may enter into an agreement with the municipality if the

municipality bears a portion of the cost of the location, laying

out, opening, construction and maintenance of the bridge or that

the municipality provides or maintains the approach to the

bridge within the municipality or bears the costs of property

damages of the approach. Each agreement shall be entered into in

writing and at least one executed copy of the agreement shall be

provided to each party. Each bridge shall be a county bridge

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and, except as otherwise provided, be maintained by the county.

Maintenance expenses shall be provided out of county funds

authorized for use in the maintenance of county bridges.

§ 16712. Boundary line bridges.

(a) Boundary line bridge.--If a bridge under this chapter is

on the boundary line between two counties or within one-fourth

of a mile from a boundary line and necessary for the

accommodation of the inhabitants of both counties, the county

commissioners of the counties shall act jointly in the exercise

of all powers conferred upon the county commissioners and in the

performance of all duties imposed upon the county commissioners.

Except in a county of the second class A, if a petition of

residents or taxpayers is required, the 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. If any other petitions are

required, the petitions shall be made to the county

commissioners in each of the counties. Each of the county

commissioners shall act on petitions and shall communicate

approval or disapproval to the other board.

(b) Court-appointed viewers or inspectors.--For a county of

the second class A that is required to appoint viewers or

inspectors, the court of the 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 public roads. The

total number of viewers or inspectors shall act together in the

view or inspection and shall make a joint report and

recommendations to each court. Exceptions and appeals to the

report of viewers may be filed in the courts of either county,

in which case the courts of the two counties sitting together

20210SB0831PN1030 - 323 -

shall hear and determine the matter.

required, the publication shall be made in each county. The

approval of both boards of commissioners shall be necessary in

order to authorize any action requiring approval.

(d) Commencement of eminent domain.--If the procedure under

Chapter 163 (relating to eminent domain and injury to property)

is to be followed, the 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 the county.

(e) Joint county bridge.--Any bridge shall be a joint county

bridge. All costs and expenses pertaining to a joint county

bridge and the maintenance thereof shall be borne by the two

counties, jointly, in proportions agreed on by the county

commissioners.

(f) Construction and maintenance.--Any authorized bridge

shall be erected, constructed, maintained and kept in repair in

the manner provided for bridges erected on the line of adjoining

counties.

(g) Definition.--For the purposes of this section, the term

"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.

§ 16713. (Reserved).

§ 16714. Authorization to purchase.

If, in accordance with this chapter, a county is authorized

to erect a bridge, the county commissioners may purchase a

20210SB0831PN1030 - 324 -

bridge already erected at a reasonable cost instead of building

a new bridge.

§ 16715. Privately owned bridge.

The county commissioners may take charge of or rebuild a

bridge suitable for public traffic within the county that was

abandoned by the owners.

§ 16716. Acceptance of donated bridge.

(a) County acceptance of bridge as donation.--The county

commissioners may accept, take charge of and enter into county

records as a county bridge any bridge within the county which

has:

(1) been built at the expense of a private person or by

a public subscription;

(2) been opened to free public travel;

(3) been used by the public; and

(4) become necessary and convenient for the use of the

public.

(b) Notice.--

(1) A county may not accept, take charge of or enter

into county records a bridge until the county has received

written notice of the desire to give the bridge to the county

from one of the following:

(i) the individuals who built the bridge;

(ii) subscribers to the original subscription on

which the money was raised to build the bridge;

(iii) the heirs, assigns or duly authorized board of

trustees representing the individuals or subscribers

included under subparagraph (i) or (ii).

(2) If a bridge crosses the boundary line between two

counties, the individual or the individual's heirs or the

20210SB0831PN1030 - 325 -

assignees, subscribers or trustees representing the

individual shall give notice in writing to the county

commissioners of each county of the intention to donate the

bridge to the counties jointly.

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.

SUBCHAPTER B

SPECIAL AUTHORITIES AND PROCEDURES

Sec.

16730. Widening, straightening, altering or changing course of

unnavigable streams for protection of county bridges

and highways.

16731. Providing and maintaining dykes, banks, causeways and

sluiceways for protection of bridges and highways.

16732. Lighting of county bridges.

16733. Temporary substitutes for bridges.

16734. Closing, vacating, abandoning and removing county

bridges.

16735. Contracts for special use of bridge.

16736. Contracts with railroad companies.

16737. (Reserved).

16738. (Reserved).

16739. (Reserved).

§ 16730. Widening, straightening, altering or changing course

of unnavigable streams for protection of county

bridges and highways.

If, in the construction, repair or maintenance of a county

bridge or highway, it becomes necessary for the safety of the

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bridge or highway or economically advisable to widen,

straighten, alter, protect or change the course of an

unnavigable stream, it shall be lawful for the county to enter

upon abutting or adjacent land, and to widen, straighten, alter,

protect or change the course of the stream for these purposes,

and, in connection with the entry, to take, injure and destroy

any necessary land or property in the manner and subject to the

restrictions and procedure provided by law.

§ 16731. Providing and maintaining dykes, banks, causeways and

sluiceways for protection of bridges and highways.

(a) Authority.--A county, for the purpose of protecting a

county bridge or the abutments and approaches of a county bridge

and any public highway adjacent to the county bridge from the

incursions of the tide floods or waters of any stream, and to

prolong the life of any structure, may provide and maintain

dykes, banks, causeways and sluiceways over or across any

unnavigable stream and may secure a right-of-way for the proper

ingress to and egress from the county bridge.

(b) Taking.--In connection with the exercise of the

authority under subsection (a), the county may take, injure and

destroy any necessary land or property in the manner and subject

to the restrictions and procedure provided by law.

this subchapter may not be undertaken until it has been approved

by the Department of Environmental Protection.

§ 16732. Lighting of county bridges.

If considered necessary for the safety and convenience of the

traveling public, the county commissioners may provide a county

bridge with lights of any kind and character that the county

commissioners shall deem suitable and may contract with any

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individual or with any municipal or private corporation for the

purpose of supplying the necessary light.

§ 16733. Temporary substitutes for bridges.

If a 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 the

destroyed or impassable bridge, until the bridge has been

rebuilt or rendered fit for public travel. If the bridge was

maintained at the joint expense of two adjoining counties, the

establishment and maintenance of the ferry or temporary way

shall be by joint discretionary action of the boards of

commissioners of both counties, and the expense shall be paid by

the counties in the same proportions as the maintenance of the

bridge was paid before it was destroyed or rendered impassable.

§ 16734. Closing, vacating, abandoning and removing county

bridges.

If it appears to the county commissioners that any county

bridge, including any destroyed or partially destroyed bridge,

has become burdensome and is no longer necessary for the

accommodation of public travel, the county commissioners may

close, vacate, abandon and remove the bridge.

§ 16735. Contracts for special use of bridge.

The county commissioners may enter into a contract or lease

with a street railway, telegraph or telephone company or other

public utility, or the successors or assigns of a street

railway, telegraph or telephone company or other public utility,

desiring to use a county bridge and the approaches of the bridge

for other than ordinary public foot or vehicular traffic for the

concurrent use of the portion of the public bridge and

approaches as will not substantially impair or restrict the

20210SB0831PN1030 - 328 -

public use and enjoyment, upon agreed to terms and conditions,

and may charge tolls or rentals for that special use. Contracts

or leases entered into under this section may not be entered

into for a longer period than 20 years nor shall any contract or

lease be entered into unless approved by the Pennsylvania Public

Utility Commission or become effective except in accordance with

the provisions of the former act of May 28, 1937 (P.L.1053,

No.286), known as the Public Utility Law.

§ 16736. Contracts with railroad companies.

(a) Contract with railroad.--A railroad company whose tracks

or other facilities are located upon a county bridge may

contract and agree with the county commissioners for the use,

purchase, removal, replacing or exchange of the bridge, or for

the compensation to be paid to the county by the company for the

use and occupancy of the bridge or parts of the bridge.

(b) Debts.--All money due and all obligations incurred by

the companies under a contract may be collected and enforced in

the same manner as debts of like amount are recovered and

similar obligations enforced in the Commonwealth.

§ 16737. (Reserved).

§ 16738. (Reserved).

§ 16739. (Reserved).

SUBCHAPTER C

TAKING OVER OR ASSISTING WITH

TOWNSHIP OR MUNICIPAL BRIDGES

Sec.

16750. Procedure for taking over bridge by county, aid to

political subdivisions in construction and

maintenance of bridge.

16751. Change of location.

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16752. Construction of embankments and causeways.

16753. Contract for parts of municipal bridges.

16753.1. Contributions.

16754. Municipal cooperation.

16755. Construction of bridge over ravine or valley.

16756. Municipal bridge as county bridge.

16757. (Reserved).

16758. (Reserved).

16759. (Reserved).

16760. (Reserved).

16761. (Reserved).

§ 16750. Procedure for taking over bridge by county, aid to

political subdivisions in construction and

maintenance of bridge.

(a) Commissioner discretionary acceptance of costs.--If the

construction of a new bridge, or of a bridge to replace any

existing bridge, over a stream or over or under a railroad, and

forming part of any road in any city, borough, town or township,

or between any two or more municipal corporations is necessary,

and requires more expense than it is reasonable that the

municipal corporations, individually or jointly, should bear,

and if it shall appear to the county commissioners that such

bridge is necessary, the bridge may, at the discretion of the

county commissioners, be entered on record as a county bridge.

The bridge shall thereupon be erected, maintained and kept in

repair in the same manner as other county bridges constructed

under Subchapter A (relating to general authority and procedures

for providing bridges).

(b) Refusal to record bridge.--If the county commissioners

refuse to have the bridge entered on record as a county bridge,

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the county may pay the entire cost or any part of the cost of

constructing the bridge including damages. The bridge shall be a

municipal bridge to be maintained and kept in repair by the

municipal corporation. The county commissioners may furnish the

municipal corporation the whole or any part of the money

necessary to maintain the municipal bridge.

keep a record of all proceedings under this section.

(d) Required advertising.--In addition to Chapters 151

(relating to contracts) and 161 (relating to grounds and

buildings) relating to contracting for services and personal

property, if 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 county

commissioner's office of each county.

§ 16751. Change of location.

In counties of the third, fourth, fifth, sixth, seventh and

eighth class, if a bridge is to take the place of an existing

bridge, the viewers may change the location of the bridge so

that it may be located and built in the most suitable place, or

at the least expense, or in the best manner, and, for the change

of location of the bridge, the county commissioners shall report

what change in the course or bed of the road connected with the

bridge will be necessary, and shall also report the vacation of

the old or existing bridge, and the vacation of the portion of

the road connecting with the bridge as the county commissioners

deem proper.

§ 16752. Construction of embankments and causeways.

In counties of the third, fourth, fifth, sixth, seventh and

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eighth class, in which a stream over which it may be necessary

to build a bridge crosses a public road, and the building of the

bridge requires the construction of an embankment or causeway

leading to either end of such bridge, the erection of which

embankment or causeway requires more expense than it is

reasonable that one or more adjoining townships should bear, the

bridge may, in the discretion of the county commissioners, be

entered on record as a county improvement and constructed as

county bridges are constructed.

§ 16753. Contract for parts of municipal bridges.

(a) Contract with municipal corporation.--If a municipal

corporation may construct a bridge or viaduct over a stream or

other place over which the county may build bridges and the

municipal corporation may contract with the county and with

railroads, street railways and other companies or parties

interested for the building and maintenance of the bridge or

viaduct and for the payment of any damages caused by the

location or building, the county commissioners may contract with

the municipal corporation for that part or portion of the bridge

which crosses any of the places listed under this subsection,

including the abutments and piers. The part shall be maintained

as a county bridge.

(b) Contracts for partial structures permitted.--In lieu of

the contract under subsection (a), 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.

stipulate that the county shall pay a certain portion of the

whole contract price or cost of the work, including damages, or

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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.

§ 16753.1. Contributions.

If a bridge or viaduct is built by a municipality and does

not cross any place over which the county may construct a bridge

but crosses merely railroad or railroads and private property,

the county commissioners of counties of the second class A may

contract to pay an amount of money, not exceeding 30% 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 may not be liable for any part of the cost of

maintenance or repair thereof.

§ 16754. Municipal cooperation.

If a bridge or proposed bridge is on the dividing line

between two counties which is also the dividing line between one

county and a municipality in the other county and the

municipality has authority to build or rebuild the bridge or to

join with any county therein, the county may join with said

municipality in the other county in building or rebuilding the

bridge. The cost of the bridge shall be paid in the relevant

proportions as shall be agreed upon by the county and

municipality that joined.

§ 16755. Construction of bridge over ravine or valley.

If different parts of any municipality or any two

municipalities are separated by an intervening valley or ravine,

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and the county commissioners in which the municipality or

municipalities are located decide it is necessary that a public

bridge be constructed, the county may contract with the

municipality or municipalities for the laying out and

construction of the bridge by the municipality or

municipalities, and may pay to the municipality or

municipalities the portion of the cost as the county

commissioners deem reasonable.

§ 16756. Municipal bridge as county bridge.

If a public bridge has been built or maintained by one or

more municipal corporations and it appears to the county

commissioners that the care, maintenance and responsibility of

the bridge is greater than it is reasonable that the municipal

corporations should be responsible for, the county commissioners

may enter the bridge upon record as a county bridge to be

maintained, supervised and controlled by the county free and

without charge.

§ 16757. (Reserved).

§ 16758. (Reserved).

§ 16759. (Reserved).

§ 16760. (Reserved).

§ 16761. (Reserved).

SUBCHAPTER D

(Reserved)

SUBCHAPTER E

TAXATION AND BORROWING

Sec.

16775. Appropriations and tax levy.

16776. Incurring of indebtedness and taxation for debt service.

§ 16775. Appropriations and tax levy.

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In the exercise of the powers, authorities and duties

provided in this chapter, a county may appropriate and pay out

of the county general fund all money necessary for the purposes

enumerated in this chapter, and may levy, assess and collect

taxes on all real and personal property within the county, and

taxable for county purposes, in addition to all other taxes.

§ 16776. Incurring of indebtedness and taxation for debt

service.

A county constructing a bridge or making any other capital

improvement or major repairs under this chapter may, under a

resolution adopted by the county commissioners, incur

indebtedness and borrow money under this section. A county may

levy and collect on all taxable property in the county, in

addition to all other taxes, for the purposes of servicing

indebtedness under this section.

CHAPTER 169

ROADS

Subchapter

A. Authorization, Construction and Maintenance

B. Vacation as County Roads

C. Continuous Highways from One County to Another

D. County Aid to Municipalities and Townships

E. Detours

F. Protection of Roads

SUBCHAPTER A

AUTHORIZATION, CONSTRUCTION AND MAINTENANCE

Sec.

16901. Definitions.

16902. Establishing county roads.

16903. Acquisition of rights-of-way of abandoned railroads.

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16904. Joint action by counties.

16905. (Reserved).

16906. Maintenance and repair of county roads.

16907. Annual tax.

16908. Borrowing money, bond issue and tax levy.

16909. Changing part of road upon agreement.

16910. Assessment of benefits.

16911. Interest on benefits assessed.

16912. Liens for benefits assessed.

16913. Sidewalks along county roads.

16914. Lights along county roads.

16915. (Reserved).

16916. (Reserved).

16917. (Reserved).

16918. (Reserved).

16919. (Reserved).

16920. Adoption of system of main thoroughfares.

16921. Improvement of municipal roads.

16922. Plan of system to be followed and variations.

16923. Improvement of roads not part of system on contribution

from parties interested.

16924. (Reserved).

16925. (Reserved).

16926. (Reserved).

16927. (Reserved).

16928. (Reserved).

16929. (Reserved).

16930. Purchase, location, construction, operation and

maintenance authorized.

16931. Contracts or lease for special use of improvements.

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16932. Taking street or other property of municipal

corporation.

16933. (Reserved).

16934. (Reserved).

16935. (Reserved).

16936. (Reserved).

16937. (Reserved).

16938. (Reserved).

16939. (Reserved).

16940. (Reserved).

16941. (Reserved).

16942. (Reserved).

16943. (Reserved).

16944. (Reserved).

16945. (Reserved).

§ 16901. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bridge." As defined in section 16700 (relating to

definitions).

"Road." As defined in section 16700.

"Streams." As defined in section 16700.

§ 16902. Establishing county roads.

(a) Powers of the county commissioners.--For the purpose of

providing public roads, specially constructed, improved and

maintained, the county commissioners may:

(1) Lay and open a road.

(2) Take possession of and exercise control over an

existing municipal road or part of a municipal road, or any

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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 of the road laid out, opened or acquired and vacate

as much as may become unnecessary and useless.

(b) Control of road by commissioners.--Any road taken over

or improved shall become a county road and be subject to the

control and supervision of the county commissioners. The county

shall keep and maintain county roads established under this part

and all other county roads in repair, the expense thereof to be

paid by the county in the manner provided under this part.

§ 16903. Acquisition of rights-of-way of abandoned railroads.

(a) Commissioners control of rights-of-way.--The county

commissioners may take over an abandoned right-of-way or bridge

of a railroad company or any part of an abandoned right-of-way

or bridge for the purpose of relocating an existing or locating

a new county road, and the county commissioners may purchase the

abandoned right of way or bridge or part thereof as may be

necessary for the relocating or locating of the county road.

(b) County road to be laid out.--Whenever an abandoned

right-of-way or bridge of a railroad company or any part thereof

is purchased under this section, a county road shall be laid

out, located thereafter constructed, improved and maintained in

accordance with law. Any bridge taken over shall become a county

bridge and shall be maintained, rebuilt and repaired

accordingly.

§ 16904. Joint action by counties.

(a) Additional powers.--The provisions of this chapter may

also be exercised jointly by adjoining counties as to roads

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extending along and adjacent to county lines and from one

adjoining county into another.

(b) Procedure and jurisdiction.--The procedure and

jurisdiction in each county under subsection (a) shall be the

same as to any portion of the road lying within the limits of

the county, except that the petition, plans and surveys of the

road shall describe and exhibit every portion of the road within

the limits of the county and every portion of the road extending

along the line of or into an adjoining county. The portions of

the road lying within limits of each county shall be treated in

all proceedings as one continuous road.

§ 16905. (Reserved).

§ 16906. Maintenance and repair of county roads.

The county commissioners shall have prepared plans and

estimates, as often as required, for the repair and maintenance

of all roads which the county is required by law to maintain and

repair. Maintenance and repair may be undertaken by contract or

through the use of county personnel, supplies and equipment. Any

county may also lease any of the equipment of the county to any

political subdivision within the county according to any terms

and conditions agreed upon.

§ 16907. Annual tax.

The county commissioners may levy, assess and collect annual

taxes upon all real and personal property within the county

taxable for county purposes to acquire and secure 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

of the road, and to take and use land as may be necessary in

constructing and maintaining proper slopes, embankments, fills,

20210SB0831PN1030 - 339 -

culverts, embankment approaches and termini for roads, tunnels,

subways and underground roads. The money raised may not be

expended for any purpose other than those for which the tax was

levied, except for the maintenance, repair, construction and

reconstruction of any county bridge or bridges whether or not

located on a county road or roads. The taxes shall be at the

following rates and retained, respectively, for the following

purposes:

(1) Not more than two mills on the dollar in the

aggregate for any of the following sections:

(i) 16902 (relating to establishing county roads).

(ii) 16903 (relating to acquisition of rights-of-way

of abandoned railroads).

(iii) 16904 (relating to joint action by counties).

(iv) 16906 (relating to maintenance and repair of

county roads).

(v) 16908 (relating to borrowing money, bond issue

and tax levy).

(vi) 16909 (relating to changing part of road upon

agreement).

(vii) 16910 (relating to assessment of benefits).

(viii) 16911 (relating to interest on benefits

assessed).

(ix) 16912 (relating to liens for benefits

assessed).

(x) 16913 (relating to sidewalks along county

roads).

(xi) 16914 (relating to lights along county roads).

(2) Not more than two mills on the dollar in the

aggregate for any of the following sections:

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(i) 16920 (relating to adoption of system of main

thoroughfares).

(ii) 16921 (relating to improvement of municipal

roads).

(iii) 16922 (relating to plan of system to be

followed and variations).

(iv) 16923 (relating to improvement of roads not

part of system on contribution from parties interested).

(3) Not more than two mills on the dollar in the

aggregate for any of the following sections:

(i) 16930 (relating to purchase, location,

construction, operation and maintenance authorized).

(ii) 16931 (relating to contracts or lease for

special use of improvements).

(iii) 16932 (relating to taking street or other

property of municipal corporation).

§ 16908. Borrowing money, bond issue and tax levy.

The county commissioners may borrow money and secure

indebtedness for the purposes authorized under this chapter, in

accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing).

§ 16909. Changing part of road upon agreement.

If the county commissioners deem it advisable to construct or

alter any part of any road under the supervision of the county

commissioners and agree with the property owners affected by the

change as to damages, the county commissioners may, upon payment

of the damages agreed upon, construct or alter the part of the

public road as contemplated in the agreement without the

formality of a view. The old location of the road shall be

vacated in accordance with this act.

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§ 16910. Assessment of benefits.

If, in a county, a road or highway originally located, laid

out, constructed, relocated, opened, straightened, widened,

extended or altered or any part of the road or highway vacated,

the viewers appointed to assess damages in accordance with 26

Pa.C.S. (relating to eminent domain), after determining the

amount of damages sustained, shall assess the whole or part of

the damages as may be represented by benefits upon the

properties abutting on and benefited by the improvements. The

remaining part of the damages, if any, not 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.

§ 16911. Interest on benefits assessed.

All assessments for benefits shall bear interest at the

expiration of 30 days after the assessments have been determined

final and fixed and shall be payable to the treasurer of the

county.

§ 16912. Liens for benefits assessed.

(a) Filing, revival and collection of liens.--All liens for

the assessment of benefits under sections 16910 (relating to

assessment of benefits) and 16911 (relating to interest on

benefits assessed) shall be filed, revived and collected in

accordance with law.

(b) Appeal of liens.--Appeals taken may not prevent the

filing of liens by any county for any assessment made by virtue

of the viewers' report, but upon final determination of the

issue, the court may make an order as to any lien filed that

shall appear right and proper.

§ 16913. Sidewalks along county roads.

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If considered necessary for the safety and accommodation of

the public, the county commissioners may locate, construct and

maintain sidewalks along county roads. The cost of the

construction and maintenance of sidewalks shall be paid by the

county.

§ 16914. Lights along county roads.

If considered necessary for the safety and convenience of the

traveling public, the county commissioners may supply and equip

any county road or parts of the road with lights as deemed

necessary. The county commissioners may contract with an

individual or municipal or private corporation. The cost of the

construction may and the cost of maintenance of all lights shall

be paid by the county.

§ 16915. (Reserved).

§ 16916. (Reserved).

§ 16917. (Reserved).

§ 16918. (Reserved).

§ 16919. (Reserved).

§ 16920. Adoption of system of main thoroughfares.

(a) System of roads.--The county commissioners may, in the

manner provided by this section, cause to be laid out, surveyed

and adopted a system of main thoroughfares which the board shall

determine the proper roads to be established and specially

constructed and improved. In adopting the system under this

subsection, the county commissioners shall consider the

population and needs of all parts of the county and make an

equitable distribution of the roads to be specially constructed,

located and improved by the the county. The county commissioners

shall develop a plan or plans to be made showing the system of

proposed roads, the relation of the proposed roads to existing

20210SB0831PN1030 - 343 -

public roads or roads to be supplied, the names of abutting

property owners and also roads which already have been improved

by the county. Upon approval of the plan or plans by the county

commissioners, at least two county commissioners shall certify

and file the plan for public inspection in the office of the

county commissioners and record the plan in the office of the

recorder of deeds.

(b) Requirements.--Subsection (a) shall be carried out in

accordance with the following sections:

(1) This section.

(2) 16921 (relating to improvement of municipal roads).

(3) 16922 (relating to plan of system to be followed and

variations).

(4) 16923 (relating to improvement of roads not part of

system on contribution from parties interested).

under subsection (a) may not be an easement upon private

property or in any manner interfere with the use of private

property until established as a public road by the action of the

court of common pleas.

§ 16921. Improvement of municipal roads.

(a) General rule.--If a system of main thoroughfares had

been adopted or if the adoption is being contemplated within two

years after the commencement of the improvement, the county

commissioners may take exclusive control of and improve any road

or section of road located either wholly or in part in any

municipal corporation, whether existing by the municipal

corporation's authority or laid out in whole or in part by

virtue of this act or otherwise.

(b) Necessary power.--For the purposes of subsection (a),

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the county commissioners may originally locate, lay out,

establish in whole or in part, relocate, straighten, widen,

extend, alter, open, construct and improve roads, or vacate as

much of a road rendered unnecessary and useless.

and improved under this section shall, by ordinance enacted by

each municipal corporation through which the road shall pass,

become a municipal road, and each respective municipal

corporation through or into which the road extends shall

maintain and keep the road.

§ 16922. Plan of system to be followed and variations.

(a) General rule.--The county commissioners may:

(1) relocate, straighten, widen, extend, alter, open,

construct and improve the proposed roads as laid out,

surveyed, marked and shown upon the plans of the system;

(2) originally locate, lay out, establish, construct and

improve roads which substantially supply the system or parts

of the system which, although not parts of the system, are

deemed by the court to be main thoroughfares of sufficient

importance to be improved by the county and added to the

plan; and

(3) vacate as 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.

(b) Limitation.--After plans have been adopted and recorded

under applicable law, all applications under section 16921

(relating to improvement of municipal roads) shall be restricted

and shall relate only to the establishing, opening, construction

and improvement of the proposed roads of the system or parts of

the system and the vacation of roads supplied by the portion

20210SB0831PN1030 - 345 -

opened and improved.

§ 16923. Improvement of roads not part of system on

contribution from parties interested.

The county commissioners may 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

the system nor deemed main thoroughfares, upon parties

interested in paying or securing to be paid the proportion of

the cost of the original construction and improvement as the

commissioners may deem just, which may not be less than one-

fourth of the cost.

§ 16924. (Reserved).

§ 16925. (Reserved).

§ 16926. (Reserved).

§ 16927. (Reserved).

§ 16928. (Reserved).

§ 16929. (Reserved).

§ 16930. Purchase, location, construction, operation and

maintenance authorized.

(a) County purchase of structures.--The county commissioners

may, if deemed expedient, provide for the purchase, location,

construction, operation and maintenance of roads, tunnels,

subways or underground roads within the county, either wholly or

partly within the boundaries of any municipal corporation. A

road, tunnel, subway or underground road shall be a county road,

tunnel, subway or underground road, and the duty of maintaining

and keeping the road in repair shall devolve upon the county.

All expenses under this section shall be paid by the county as

provided under this subchapter.

(b) Requirements.--This section shall be carried out in

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accordance with the following sections:

(1) 16931 (relating to contracts or lease for special

use of improvements).

(2) 16932 (relating to taking street or other property

of municipal corporation).

§ 16931. Contracts or lease for special use of improvements.

The county commissioners may make a contract or lease with

any street railway or transportation company, its successors and

assigns, for the concurrent use of such a portion of the road,

tunnel or subway or underground road, as may not substantially

impair or restrict the public use and enjoyment, upon agreed

upon terms and conditions.

§ 16932. Taking street or other property of municipal

corporation.

If the county commissioners deem it necessary or advisable to

enter upon or appropriate a road or property of any municipal

corporation in the county or to take action affecting the

property rights or authority of the municipal corporation for

the purpose of constructing or maintaining a road, tunnel,

subway or underground road or the improvement of a road, tunnel,

subway or underground road which has been or is about to be

purchased by the county or otherwise, the consent of the

municipal corporation by ordinance shall be obtained before the

actual entering in or upon or the appropriation of the road or

property. After the entry and appropriation, the county shall be

liable and charged with the supervision, control and maintenance

of the roads and properties, or as much of the road or property

as is taken and used for the purpose of constructing and

maintaining the road, tunnel, subway or underground road or the

improvement of the road, tunnel, subway or underground road,

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purchased or to be purchased.

§ 16933. (Reserved).

§ 16934. (Reserved).

§ 16935. (Reserved).

§ 16936. (Reserved).

§ 16937. (Reserved).

§ 16938. (Reserved).

§ 16939. (Reserved).

§ 16940. (Reserved).

§ 16941. (Reserved).

§ 16942. (Reserved).

§ 16943. (Reserved).

§ 16944. (Reserved).

§ 16945. (Reserved).

SUBCHAPTER B

VACATION AS COUNTY ROADS

Sec.

16950. Vacation as county roads.

§ 16950. Vacation as county roads.

Upon petition of the county commissioners, the court of

common pleas may vacate as a county road any portion of an

abandoned or condemned road or a road purchased by the county or

the permanent location or improvement of a road which has been

ordered or made under this part or former acts relating to

county roads. All portions of the vacated roads shall become

roads of the municipal corporation through which the roads pass.

Written notice of the contents of the petition and the time when

the petition will be presented to the court shall be given by

the county commissioners to the governing body of the municipal

corporation through which the road passes at least 10 days

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before the date of presenting the petition. At the time the

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 findings to the court at a time the court

directs. At any hearing in open court or before an examiner

appointed by the court, all interested parties may appear and be

heard. After the hearing, the court may grant the request of the

petitioners and make a decree accordingly or make the order in

the premises as the court deems right and just if the court

finds the conditions of this part have been complied with.

Orders of vacation may not be made until the municipal

corporation affected has consented by an ordinance or resolution

certified to the court.

SUBCHAPTER C

CONTINUOUS HIGHWAYS FROM ONE COUNTY TO ANOTHER

Sec.

16953. Laying out, altering and vacating.

§ 16953. Laying out, altering and 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 the counties, may be laid out or

altered or vacated in the manner provided for other roads.

SUBCHAPTER D

COUNTY AID TO MUNICIPALITIES AND TOWNSHIPS

Sec.

16956. Municipal streets connecting two ends of county road.

16957. Municipal streets as terminus of county road.

16958. Improvements.

16959. Maintenance.

16960. Contracts with municipal corporations.

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16961. (Reserved).

16962. (Reserved).

16963. Center line highway boundary between city or borough and

township.

16964. (Reserved).

16965. Center line road boundary between city or borough and

township in adjoining county.

16966. (Reserved).

16967. Improvement on order of common pleas.

16968. (Reserved).

16969. Improvements of roads connecting with State highway.

16970. Purchase and rental of road equipment to municipal

corporations.

§ 16956. Municipal streets connecting two ends of county road.

If a city or borough intervenes between two ends of a county

road and the municipal corporation has failed to properly

improve the municipal streets constituting the shortest and most

reasonable route through the municipal corporation that will

connect the two ends of the county road, the board of

commissioners may contract with the governing body of the

municipal corporation to improve the shortest and most

reasonable route connecting the two ends of the highway.

§ 16957. Municipal streets as terminus of county road.

(a) Contract for improvements.--If a county road terminates

at the corporate limits of a city or borough in the same county

or in another county and connects with a municipal street which

the municipal corporation has failed to properly improve, and

the county commissioners in which the municipal corporation is

located deem the improvement of the municipal street necessary

to make the county road easily accessible to residents or to the

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traveling public, the county commissioners may contract with the

governing body of the municipal corporation to improve municipal

streets, including streets connecting a county road with the

business districts of the municipal corporation or with a system

of improved streets in the municipal corporation or which

connect the road with another county road terminating at the

limits of the municipal corporation.

(b) Contract to connect roads.--The county commissioners may

enter into a similar contract as subsection (a) with one or more

municipal governing bodies if:

(1) several municipal corporations are contiguous to

each other;

(2) a county road terminates at the corporate limits of

any of the municipal corporations;

(3) one or more of the municipal corporations have

failed to properly improve a municipal street therein; and

(4) the county commissioners deem the improvement of the

street necessary in order to make the county road easily

accessible to residents or to the traveling public.

§ 16958. Improvements.

The board of commissioners may widen, repave or otherwise

improve municipal streets if necessary to accomplish any of the

purposes of sections 16956 (relating to municipal streets

connecting two ends of county road) and 16957 (relating to

municipal streets as terminus of county road). If the

improvement is made to a municipal street, the county may pay

the total cost of the improvement or the cost may be divided

between or among the municipal corporations and the county.

§ 16959. Maintenance.

Before a municipal street is improved, the county

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commissioners and the governing body of the municipal

corporation shall agree upon the maintenance of the street. The

agreement may provide that:

(1) the street shall be kept and maintained in good

repair by the municipal corporation and, upon the completion

of the improvement, further liability and responsibility of

the county shall terminate; or

(2) the street shall be kept and maintained in good

repair by the county and the share of the municipal

corporation shall be paid annually to the county.

§ 16960. Contracts with municipal corporations.

(a) Contract to construct improved road.--The county

commissioners may contract with the governing bodies of

municipal corporations, separately or jointly, providing that

the county commissioners shall construct an improved road in a

similar manner as a county road. The expense or cost of

construction shall be borne jointly by the municipal

corporations and the county in a ratio or proportions as may be

agreed on in each contract, notwithstanding if the municipal

corporation intervenes between two ends of the county road or if

the intersection is the terminus of a county road, State highway

or township road.

(b) Payments made by the county.--Payment for the

construction of roads under this section shall be made by the

county, which shall be reimbursed by the municipal corporation

in the sums as agreed upon in the contract or contracts.

road jointly constructed under this section shall be repaired

and maintained at the expense of the county. Nothing shall

prevent the governing body of a municipal corporation from

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entering into a contract or contracts with the county for the

maintenance of the improved road under terms and conditions as

may be mutually satisfactory.

§ 16961. (Reserved).

§ 16962. (Reserved).

§ 16963. Center line highway boundary between city or borough

and township.

(a) Grading, curbing and macadamizing of roads.--If the

center line of any road constitutes the dividing line between

any city or borough and a township located in the same county,

the county commissioners and the commissioners or supervisors of

the township may enter into a contract with the city or borough

providing for the grading, curbing and macadamizing or paving of

the roadway of the road. The cost shall be borne one-half by the

city or borough and one-half by the township and the county in

which the township is situated, in equal portions.

(b) Supervision for alterations or improvements.--

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 county commissioners 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 other proportion

as may be agreed upon by the county and township.

§ 16964. (Reserved).

§ 16965. Center line road boundary between city or borough and

township in adjoining county.

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(a) Costs.--If the center line of any road constitutes a

dividing line between a township and a city or borough located

in an adjacent county, the county commissioners and the

commissioners or supervisors of the township may enter into a

contract with the city or borough providing for the grading,

curbing, macadamizing or paving of the roadway of the road. The

cost shall be borne one-half by the city or borough and one-half

by the township and the county in which the township is

situated, in equal portions.

(b) Supervision of city or borough.--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 the municipal corporation and the county

commissioners 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 other proportion as may be agreed upon by the county

and township.

§ 16966. (Reserved).

§ 16967. Improvement on order of common pleas.

(a) Court ordered improvements.--If contracts or agreements

under section 16963 (relating to center line highway boundary

between city or borough and township) are impossible to enter

into or if either the city or borough and the township or the

county in which the township is situated, refuses to enter into

the contract or agreement, either a municipal corporation or the

county may present a petition to the court of common pleas of

either county setting forth the facts and circumstances,

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including:

(1) the condition of the road from which the necessity

and desirability for the grading, curbing, macadamizing or

paving of the roadway appears;

(2) the estimated cost; and

(3) that the terms of the contract cannot be agreed upon

by the municipal corporations or the county or that the

municipal corporations or the county refuses to enter into a

contract.

(b) Petition and service.--The petition under subsection (a)

may request that the court, after hearing all the parties

concerned, make the court's order or decree defining the nature

and character of the improvement reasonably necessary or

desirable to be made and requiring the parties to enter into a

contract for the making and constructing of the improvement. A

copy of the petition, duly certified, shall be served upon the

municipal corporations or county concerned, other than the

petitioner, with notice of the day fixed by the court for the

hearing. Any of the parties served with notice shall be

entitled, on or before the date, to file in the court the

party's answer to the petition setting forth the party's version

of the facts or other matters as may be deemed necessary or

proper.

other time as the court may appoint, shall hear the evidence of

the parties or may refer the matter to a master who shall hear

the testimony of the parties and report 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 findings, and may issue a decree or order

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directing the making of any alterations or improvements to the

roadway as may be deemed reasonably necessary or desirable and

provide for the sharing of the cost of the improvements one-half

by the municipal corporation and one-half by the county and

township, in equal portions.

(d) Additional findings.--The following apply:

(1) The order or decree under subsection (c) may further

provide that the repairs to alterations and improvements

subsequently required shall be borne as follows:

(i) one-half by the municipal corporation, either

borough or city; and

(ii) one-half by the county or township in equal

portions or other proportions as the court may find to be

legal and proper.

(2) Upon the finding by the court, the grading, curbing,

macadamizing or paving of the roadway shall proceed in

accordance with the decree or order of the court in the same

manner as if the contract or agreement had been entered into

and duly executed.

§ 16968. (Reserved).

§ 16969. Improvements of roads connecting with State highway.

The county may, singly or jointly with any municipal

corporation, appropriate and expend money for the improvement of

any road, not more than one mile in length in distance, outside

of the limits of a municipal corporation, for the purpose of

connecting improved streets in the municipal corporations with a

State highway.

§ 16970. Purchase and rental of road equipment to municipal

corporations.

The county commissioners may purchase equipment for the

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preparation of road material and the construction and

maintenance of roads as the county commissioners deem necessary

and pay for the equipment out of the general funds of the

county. Equipment may be rented by the county commissioners to

any of the municipal corporations within the county applying for

equipment rental, under regulations and at rentals as the county

commissioners shall prescribe and fix. All equipment purchased

under the provisions of this section shall be operated only by

persons employed for that purpose by and under the direct

supervision of the county commissioners.

SUBCHAPTER E

DETOURS

Sec.

16975. County road detours.

16976. Detour over private lands.

16977. Fines and damages.

§ 16975. County road detours.

(a) Closure of roads.--Except for an emergency in which the

safety of the public would be endangered, a county road may not

be closed to vehicular traffic except upon order of the county

commissioners and may not be closed for a longer period than is

necessary for the purpose for which the order is issued. Except

for temporary emergency police measures by which the safety of

the public would be endangered if it were not temporarily

closed, a county road may not be closed to vehicular traffic if

the road has been designated as a detour by the Department of

Transportation, unless the written consent of the Department of

Transportation has first been obtained or unless the county

commissioners having jurisdiction over the road, by resolution,

declare the closing necessary for the protection of the public

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safety.

(b) Designation of detour on road closure.--If a county road

is closed to vehicular travel, the county commissioners shall

immediately designate or lay out a detour on which the county

commissioners shall cause to be erected and maintained while the

detour is in use legible signs at each public road intersection

throughout the entire length of the detour indicating the

direction to the main highway. During the period when the detour

is in use, the county commissioners shall maintain the detour in

safe and passable condition. The county commissioners shall also

immediately remove all detour signs when the highway originally

closed is opened again for traffic.

commissioners shall, as soon as possible, repair the road

designated as a detour and place the road in a condition at

least equal to the road's condition when designated as a detour.

§ 16976. Detour over private lands.

If necessary in the creation of a detour under section 16975

(relating to county road detours), the county commissioners

responsible for laying out the detour may enter into an

agreement with the owners of private lands covering the

acquisition of right-of-way privileges over private property for

the period when the main highway shall be closed to traffic. In

the exercise of the rights conferred by this section, the county

commissioners responsible may pay for the necessary maintenance,

subsequent repair and land rental out of funds available for the

construction and maintenance of the roads in the commissioners

charge.

§ 16977. Fines and damages.

(a) Summary offense and exception.--

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(1) Except as provided under paragraph (2), an

individual who shall willfully remove, deface, destroy or

disregard any barricade, light, danger sign, detour sign,

warning or traffic control device of any character

whatsoever, erected or placed under authority of section

16975 (relating to county road detours), or who drives on,

over or across a road which had been closed by proper

authority, commits a summary offense.

(2) Individuals who have no outlet due to the closing of

a road may drive on, over or across the road, with the

consent in writing of and subject to any conditions as may be

prescribed by the county commissioners responsible for the

closing, or the agents or contractors of the individual,

without being subject to the fines imposed by this section.

(b) Recovery of damages.--In addition to the fines under

subsection (a), the county commissioners responsible for the

maintenance of a road which has been closed to vehicular

traffic, or the agents or contractors of the county

commissioners, may, in an action at law, recover damages from

each individual who has damaged a road when the road is closed

to vehicular traffic.

under the provision of this section shall be paid to the county

treasurer for the general use of the county.

SUBCHAPTER F

PROTECTIONS OF ROADS

Sec.

16981. (Reserved).

16982. (Reserved).

16983. (Reserved).

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16984. (Reserved).

16985. Sign destruction penalties.

16986. Snow fences.

16987. Elimination of dangerous curves and widening of narrow

roads.

§ 16981. (Reserved).

§ 16982. (Reserved).

§ 16983. (Reserved).

§ 16984. (Reserved).

§ 16985. Sign destruction penalties.

(a) General rule.--It shall be unlawful for an individual to

willfully destroy, remove, injure or deface any sign or index

board erected upon or near any public street, road or bridge by

the authorities of any county, or erected, with the consent of

such authorities, by any club, association or other organized

body, for the direction, guidance or safety of travelers. Each

sign affixed to a tree or post in or upon a road, properly

erected in a manner that the sign does not interfere with

travel, or on a fence, telegraph, telephone, trolley or other

pole, with the permission of the owners of the fence or pole, or

on private grounds, if consent has been obtained from the owners

and tenants, and which are close to roads, shall be within the

provisions of this section.

(b) Penalties.--An individual who violates the provisions of

this section commits 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.

§ 16986. Snow fences.

(a) Placement.--A county that is responsible for the

maintenance of any road may enter upon private property adjacent

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to the road and place snow fences, at any point as may be

necessary to within a limit of 100 feet from the right-of-way

line of the road, in order to eliminate snow drifting on the

traveled portion.

(b) Timeframe.--A snow fence, authorized under this section,

may not be placed prior to November 1 nor shall the same remain

in place after April 1 of the succeeding year, unless the

written consent of the owner of the adjacent property is

obtained, agreeing to an extension of time for the removal of

the snow fence.

of the road is not able to enter into an agreement with the

owner of adjacent property occupied by the snow fence as to the

amount of damages sustained as a result of the fence being

placed and removed, the owner may petition the court of the

proper county for the appointment of viewers to ascertain the

amount of damages incurred. The appointment of viewers and the

procedure for viewing shall be governed by and be in accordance

with this part, as provided for eminent domain proceedings.

Damages, if any, if ascertained, shall be paid by the county

responsible for the maintenance of the road, and any money

available to the county for the construction and maintenance of

roads under the county's supervision shall be available for the

payment of damages.

§ 16987. Elimination of dangerous curves and widening of narrow

roads.

(a) General rule.--A county may acquire, by purchase or by

the right of eminent domain, property and lands situate along or

adjacent to any county road as, in the opinion of the county

commissioners, may be necessary to eliminate dangerous curves

20210SB0831PN1030 - 361 -

and widen narrow roads, for the better protection and safety to

the traveling public.

(b) Condemnation.--Upon a purchase or condemnation, the

county commissioners having had property and lands condemned may

cause to be abated or removed any dangerous curve or curves or

widen the narrow road to the extent of the property and land so

acquired.

property and lands shall be as under Chapter 163 (relating to

eminent domain and injury to property).

CHAPTER 171

SOUTHWESTERN PENNSYLVANIA REGIONAL RENAISSANCE INITIATIVE

Subchapter

A. Preliminary Provisions

B. Regional Growth Fund

C. Regional Renaissance Authority

D. Bonds and Funds of Authority

E. Additional Sales and Use Taxes

F. Increase in Hotel Tax

G. Regional Destination Facilities Fund

H. Conveyance of David L. Lawrence Convention Center

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

17111. Scope of chapter.

17112. Findings and declaration of policy.

17113. Definitions.

§ 17111. Scope of chapter.

This chapter relates to the southwestern Pennsylvania

regional renaissance initiative.

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§ 17112. Findings and declaration of policy.

(a) Findings.--The General Assembly finds the following:

(1) The health, safety and general welfare of the

residents of southwestern Pennsylvania are directly dependent

upon the continual encouragement, development, growth and

expansion of business, industry, commerce and tourism within

that region.

(2) Unemployment, the spread of indigence and the heavy

burden of public assistance and unemployment compensation in

southwestern Pennsylvania can be avoided by the promotion,

attraction, stimulation, development and expansion of

business, industry, commerce and tourism in that region.

(3) Supplemental sources of revenue are needed by

municipalities in southwestern Pennsylvania to invest in

facilities that will promote economic development and tourism

and improve the quality of life of their residents.

(4) Supplemental sources of public and private revenue

are required to improve and develop the region's existing

economy and to develop new civic, convention, sports,

cultural, industrial, transportation and other facilities.

(5) Local governments in southwestern Pennsylvania lack

adequate resources to maintain, improve and modernize the

region's civic, convention, sports, cultural, industrial,

transportation and other facilities, the continued

availability of which is vital to the economic growth and

development of southwestern Pennsylvania, to the ability of

the region to compete globally for visitors, residents and

investment in quality jobs at living wages and to the health,

welfare, education and quality of life of the residents of

the region.

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(b) Declaration of policy.--It is declared to be the public

policy of the Commonwealth to promote the health, welfare and

quality of life of the residents of southwestern Pennsylvania

and to enhance economic development and employment in that

region by supporting the construction of regional destination

facilities and other regional growth projects for the public

purpose of promoting, attracting, stimulating, developing and

expanding business, industry, commerce and tourism. That purpose

is declared to be a public purpose supporting the enactment of

all of the provisions of this chapter and for which public money

may be spent, taxes may be imposed and private property may be

acquired by the exercise of the power of eminent domain.

§ 17113. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Auditorium authority." The authority created to operate the

convention center under the act of July 29, 1953 (P.L.1034,

No.270), known as the Public Auditorium Authorities Law.

"Authority." The Regional Renaissance Authority established

under section 17131 (relating to authority established).

"Authority employee." The chairperson and members of the

board of the authority, counsel retained by the authority either

as an employee or otherwise, the chief administrative officer of

the authority and any employee with discretionary powers who may

affect the outcome of a decision by the authority in relation to

a private corporation or business or any employee who by virtue

of the employee's job function could influence the outcome of a

decision.

"Baseball park." A baseball park to be constructed in the

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central city, designed for the purpose of playing major league

baseball games.

"Board." The governing body of the Regional Renaissance

Authority.

"Bonds." Notes, bonds, refunding notes and bonds, interim

certificates, debentures and other evidences of indebtedness or

obligations that the authority may issue under this chapter.

Bonds may be either tax-exempt bonds, the interest on which is

excludable from gross income for Federal income tax purposes or

taxable bonds, the interest on which is includable in gross

income for Federal income tax purposes.

"Central city." A city of the second class located in a

county of the second class.

"Central county." A county of the second class.

"Construction." The term includes site acquisition,

demolition and other preparation for and the design, renovation,

improvement, expansion, erection, furnishing, fixturing and

equipping of the facility or building involved.

"Contiguous county." A county, other than a county of the

second class, that:

(1) has a boundary that touches, even at a single point,

a county of the second class;

(2) is a county of the fourth, fifth or sixth class and

shares common boundaries at more than a single point with two

counties described in paragraph (1); or

(3) is a county of the sixth class and is located to the

south and west of a county described in paragraph (2).

"Convention and visitors bureau." The tourist promotion

agency located in the central city that receives funds from the

hotel tax imposed by section 1970.2 of the act of July 28, 1953

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(P.L.723, No.230), known as the Second Class County Code.

"Convention center." The real property described in section

17181(a) (relating to conveyance of convention center), together

with the structures, facilities, buildings, fixtures and

improvements located thereon, and known as the David L. Lawrence

Convention Center.

"County account." A special account established within the

Regional Growth Fund under section 17121(c) (relating to

establishment of Regional Growth Fund).

"County growth board." A new or existing entity designated

under section 17122(c)(2)(ii) (relating to use of Regional

Growth Fund) for the purpose of developing a county growth plan.

"County growth plan." A plan for the use of money in a

county account that is developed and submitted to the authority

in accordance with section 17122(c).

"Cultural district." A geographic area within a city of the

second class adjacent to the convention center that is not more

than one-half square mile in size and that has located within it

at least three theaters for the performing arts.

"Department." The Department of Revenue of the Commonwealth.

"Design commission." The Southwestern Pennsylvania

Convention Center Design Commission established under section

17162 (relating to Southwestern Pennsylvania Convention Center

Design Commission).

"Football stadium." A football stadium to be constructed in

the central city, designed for the purpose of playing National

Football League games.

"Governing body." The board of county commissioners or the

county executive or other person exercising the functions of the

county executive in a county without a board of county

20210SB0831PN1030 - 366 -

commissioners.

"Immediate family." A parent, spouse, child, brother,

sister, the spouse of a child, brother or sister or the parent

of a spouse.

"Participating county." A county in which the referendum

provided for in section 17154 (relating to referenda levying

additional taxes) has been approved by the voters.

"Party officer." The following members or officers of any

political party:

(1) A member of a national committee.

(2) A chairman, vice chairman, secretary, treasurer or

counsel of a State committee or members of the executive

committee of a State committee.

(3) A county chairman, vice chairman, counsel, secretary

or treasurer of a county committee.

(4) A city chairman, vice chairman, counsel, secretary

or treasurer of a city committee.

"Public employee." An individual employed by the

Commonwealth or a political subdivision within the Commonwealth.

"Public officer." An individual elected to any public office

of Commonwealth government or any political subdivision within

the Commonwealth.

"Public official." Any elected or appointed official in the

executive, legislative or judicial branch of Commonwealth

government or any political subdivision within the Commonwealth.

The term does not include the following:

(1) Members of advisory boards who do not have authority

to expend public money other than reimbursement for personal

expenses or to otherwise exercise the power of the

Commonwealth or any political subdivision within the

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Commonwealth.

(2) Any appointed official who does not receive

compensation other than reimbursement for actual expenses.

"Regional Destination Facilities Fund." The Regional

Destination Facilities Fund established under section 17171

(relating to establishment of Regional Destination Facilities

Fund).

"Regional destination facility." Any of the following:

(1) The convention center.

(2) The baseball park.

(3) The football stadium.

(4) Parks, parking facilities and at least two theaters

to be constructed in the cultural district.

"Regional Growth Fund." The Regional Growth Fund established

under section 17121.

SUBCHAPTER B

REGIONAL GROWTH FUND

Sec.

17121. Establishment of Regional Growth Fund.

17122. Use of Regional Growth Fund.

§ 17121. Establishment of Regional Growth Fund.

(a) Establishment.--The Regional Growth Fund is established.

The treasurer of the authority shall be custodian of the

Regional Growth Fund which shall be subject to the provisions of

law applicable to funds listed in section 302 of the act of

April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.

(b) Credits.--Taxes imposed under Subchapter E (relating to

additional sales and use taxes) shall be received by the

department and paid to the treasurer of the authority and, along

with interest and penalties less any collection costs allowed

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under Subchapter E and any refunds and credits paid, shall be

credited in the manner provided in section 17152(f) (relating to

imposition of additional sales and use taxes) to the Regional

Growth Fund not less frequently than every two weeks. Any

amounts appropriated to the Regional Growth Fund by the General

Assembly and any contributions received from any other source

shall be credited to the Regional Growth Fund.

established within the Regional Growth Fund for each

participating county. All of the taxes, interest and penalties

that are collected under section 17152 from a particular county

and deposited into the Regional Growth Fund in accordance with

section 17152(f) shall be credited to the special account for

that county. All of the money in a county account must be spent

on projects located in whole or in part within that county

unless the governing body of that county authorizes by

resolution the use of a portion of the money in its county

account for a regional project located outside of the county.

(d) Other special accounts.--The authority may also

establish other special accounts within the Regional Growth Fund

to which shall be credited any amounts appropriated to the

Regional Growth Fund by the General Assembly and any

contributions received from any other source. Money in such

special accounts shall be used for eligible projects in a

participating county as determined by the board, subject to any

limitations imposed by the source of the money.

(e) Restrictions.--All money in the Regional Growth Fund,

including money credited under this section, prior year

encumbrances and the interest earned on the money in the fund,

may not lapse or be transferred to any other fund but shall

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remain in the Regional Growth Fund and must be used exclusively

as provided in this chapter.

(f) Earnings.--Pending disbursement, money received on

behalf of or deposited into the Regional Growth Fund shall be

invested or reinvested in the same manner as money in the

custody of the State Treasurer. All earnings received from the

investment or reinvestment of the money shall be credited to the

Regional Growth Fund and shall be allocated on a proportional

basis to each special account within the Regional Growth Fund.

§ 17122. Use of Regional Growth Fund.

(a) General rule.--Subject to the limitations in subsections

(b) and (c), money in the Regional Growth Fund shall be used by

the authority to fund the capital costs of new or improved

economic development projects of the following types:

(1) Industrial site development, including site

acquisition, preparation and clearance, construction of

necessary infrastructure such as water and sewer facilities

and construction of buildings for use by businesses.

(2) Cultural, recreational, historical and entertainment

facilities, including, without limitation, African-American

cultural facilities, regional destination facilities and

projects in heritage areas.

(3) Transportation facilities that will assist in the

attraction and retention of jobs in the region, including

construction of highways, bridges, transit facilities,

airports, ports, rail lines and related facilities.

(4) Revolving loan money to assist in the establishment,

location and expansion of businesses, including, without

limitation, small or minority-owned businesses, in the

region.

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(5) New or improved water or sewer facilities serving

residential customers.

(b) Limitations.--Expenditures from the Regional Growth Fund

for an eligible project shall be subject to the following

limitations:

(1) The funding provided from the Regional Growth Fund

for an eligible project may not exceed 50% of the total cost

of the project.

(2) No money may be expended from the Regional Growth

Fund for operating costs of any project or facility.

(3) No more than 20% of the money in a county account

may be used for the purpose described in subsection (a)(4).

(4) No more than 40% of the money in a county account

may be used for the purpose described in subsection (a)(5).

(1) No later than March 31, 1998, each participating

county shall initially notify the board if the county intends

to develop and submit a county growth plan, which of the

optional methods described in paragraph (2) will be used and

what portion of the money in the county account shall be

reserved for implementation of the plan. In establishing the

long-term budget and capital budget under sections 17135

(relating to initial financial plan) and 17136 (relating to

capital budgets), the board shall reserve money in each

county account in accordance with the notification and shall

not approve projects using reserved money unless they are

contained in the county growth plan.

(2) If a participating county chooses to develop and

submit a county growth plan to the authority, the governing

body of a participating county shall select one of the

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following three methods for developing the plan:

(i) The redevelopment authority of the county

created under the act of May 24, 1945 (P.L.991, No.385),

known as the Urban Redevelopment Law, may adopt a county

growth plan by resolution and submit it to the authority.

The redevelopment authority must hold at least one public

hearing regarding the plan or any revision to the plan

prior to adopting the plan or revision and submitting it

to the authority.

(ii) The governing body may create a county growth

board or designate an existing public or nonprofit agency

to serve as the county growth board. The county growth

board must hold at least one public hearing regarding the

plan or any revision to the plan prior to adopting the

plan or revision and submitting it to the authority.

(iii) The governing body may directly adopt a county

growth plan by resolution and submit it to the authority.

The governing body must hold at least one public hearing

regarding the plan or any revision to the plan prior to

adopting the plan or revision and submitting it to the

authority.

(3) The governing body of a participating county that

has not previously submitted a county growth plan may elect

to submit one at any time by giving the authority notice to

that effect. The governing body of a participating county

that has submitted a county growth plan may at any time

change the method of developing its county growth plan by

giving the authority notice to that effect.

(4) All expenditures from the Regional Growth Fund for

projects contained in a county growth plan must meet the

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criteria and limitations contained in subsections (a) and

(b). The total expenditures that the county growth plan

requests from the county account may not exceed the total

amount projected to be deposited into the account.

(d) Automatic approval.--The authority shall automatically

approve funding from a county account for any project in the

participating county that meets the eligibility criteria of this

section and is contained in a county growth plan, up to the

amount of money available in the county account.

SUBCHAPTER C

REGIONAL RENAISSANCE AUTHORITY

Sec.

17131. Authority established.

17132. Board of authority.

17133. Purposes and powers.

17134. Fiscal matters.

17135. Initial financial plan.

17136. Capital budgets.

17137. Operating budget.

17138. Restrictions upon activities of board members and

employees.

17139. Exemption from taxation.

§ 17131. Authority established.

(a) General rule.--A body corporate and politic to be known

as the Regional Renaissance Authority is established as a

special purpose area wide unit of local government under section

7 of Article IX of the Constitution of Pennsylvania, exercising

powers as a unit of local government under this chapter and

having territorial limits that encompass the geographic areas of

the participating counties. The exercise by the authority of the

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powers conferred by this chapter is the performance of an

essential public function.

(b) Time.--The authority shall be established at the time

set forth in section 17154(e) (relating to referenda levying

additional taxes). Once established, the authority shall

continue in existence perpetually.

(1) The authority and its board members, officers and

employees shall have sovereign immunity as provided in 1

Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed;

specific waiver).

(2) The authority and its board members, officers and

employees shall remain immune from suit except as provided by

and subject to 42 Pa.C.S. Ch. 85 Subchs. A (relating to

general provisions) and B (relating to actions against

Commonwealth parties).

(3) Notwithstanding 42 Pa.C.S. § 8525 (relating to legal

assistance), the authority, through its legal counsel, shall

defend actions brought against the authority or its board

members, officers and employees when acting within the scope

of their official duties.

(d) Liability.--Members of the board may not be held

personally liable for the bonds or other obligations of the

authority, and the rights of creditors shall be solely against

the authority.

§ 17132. Board of authority.

(a) General rule.--The powers of the authority shall be

exercised by a governing body having full authority to manage

the properties and business of the authority and to prescribe,

amend and repeal bylaws, rules and regulations governing the

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manner in which the business of the authority may be conducted

and the powers given to the authority may be exercised. All

bylaws, rules and regulations and amendments of the bylaws,

rules and regulations shall be filed with the secretary of the

authority.

(b) Appointments.--The members of the board of the authority

shall be appointed as follows:

(1) The Governor shall appoint three members, not all of

whom are members of the same political party and at least one

of whom has experience and expertise in convention and

tourism promotion programs.

(2) The President pro tempore of the Senate shall

appoint a member.

(3) The Speaker of the House of Representatives shall

appoint a member.

(4) The Minority Leader of the Senate shall appoint a

member.

(5) The Minority Leader of the House of Representatives

shall appoint a member.

(6) The governing body of the central county shall

appoint a member to represent that county.

(7) The governing body of each other participating

county shall appoint a member to represent that county.

(8) The mayor of the central city shall appoint a member

to represent that city.

(1) The number of members of the board appointed under

each of subsection (b)(4), (5), (6) and (7) shall be

increased to two if the number of participating counties is

greater than five.

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(2) The persons appointing members of the board under

subsection (b)(4), (5), (6), (7) and (8) shall consult with

each other to ensure:

(i) If there is more than one participating county,

that not more than a majority of the members of the board

appointed under subsection (b)(4), (5), (6), (7) and (8)

are residents of any one participating county.

(ii) That the board is reflective, to the extent

feasible, of the cultural, racial, ethnic and gender

demographic proportions of the participating counties.

(d) Appointment lists.--The governing body of each

participating county shall only appoint individuals from lists

of three or more names submitted by the members of the General

Assembly who represent any portion of that county. In developing

the lists, the members of the General Assembly shall solicit

nominations from public and private economic development

agencies within the county and may solicit nominations from

other sources. The individuals appointed must have the unanimous

approval of all of the members of the governing body in office

at the time.

(e) Term.--

(1) The term of office of a member of the board

appointed:

(i) under subsection (b)(1), (2) and (3) shall be

four years; and

(ii) under subsection (b)(4), (5), (6), (7) and (8)

shall be five years.

(2) The term of office of a member shall begin on the

date of appointment. Members may hold office until successors

have been appointed and qualified or until death or

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resignation.

(3) An individual may not serve more than two

consecutive full terms on the board.

(4) An individual appointed to the board when a vacancy

occurs during the term of office of a member of the board

shall serve for the remainder of the term. A vacancy in the

office of a member appointed under subsection (b)(4), (5),

(6) and (7) shall be filled for the balance of the term by

appointment made by the individual who at the time is the

ranking member in the same chamber of the General Assembly

and of the same political party as the individual who

appointed the vacating member.

(f) Officers.--The Governor shall select one of the initial

members of the board as the interim chair of the authority and

shall, within 10 days of the effective date of the establishment

of the authority, set a date, time and place for the initial

organizational meeting of the board. The members shall elect a

chair, vice chair, secretary, treasurer and other officers. A

member may not hold more than one office of the board at any

time. Members may serve successive terms as officers of the

board.

(g) Meetings.--The board shall meet as frequently as it

deems appropriate, but at least once a month during the first

year that the authority is in existence and thereafter at least

once during each quarter of its fiscal year. In addition, a

meeting of the board shall be called by the chair if a request

for a meeting is submitted to the chair by at least two members

of the board. A majority of the members of the board in office

shall constitute a quorum for the purpose of conducting the

business of the board and for all other purposes. The acts of a

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majority of the members of the board taken at a meeting of the

board at which a quorum is present shall be the acts of the

board, except that, for the purposes of making decisions

regarding personnel matters, contracts and capital and operating

budgets, the affirmative vote of at least six members of the

board shall be required.

(h) Advisory members.--There shall be nonvoting advisory

members of the board with the right to attend and be heard at

every meeting of the board who shall be appointed as follows:

(1) An advisory member shall be appointed by each of the

following:

(i) The convention and visitors bureau.

(ii) The principal tenant of the baseball park.

(iii) The principal tenant of the football stadium.

(iv) The private nonprofit corporation with the

largest membership supporting the development of the

entire cultural district.

(v) The private nonprofit corporation with the

largest membership supporting the development,

preservation and expansion of African-American culture

and history in southwestern Pennsylvania.

(vi) The labor organization representing the largest

number of members of the building trades.

(2) In addition to the six advisory members appointed

under paragraph (1), the authority may appoint one or more

additional advisory members.

§ 17133. Purposes and powers.

(a) Purposes.--The purpose of the authority includes, but is

not limited to, the following:

(1) Supporting and financing the construction of

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regional destination facilities.

(2) Assuring the efficient and effective operation and

development of regional destination facilities.

(3) Supporting and financing the construction of other

economic development projects.

(b) Powers.--Subject to the limitations under subsection

(d), the authority is granted all powers necessary or convenient

to carry out the authority's purposes, including to:

(1) Have continuing succession.

(2) Sue and be sued, implead and be impleaded, complain

and defend in all courts.

(3) Adopt, use and alter at will a corporate seal.

(4) Acquire by gift or otherwise, purchase, hold,

receive, lease, sublease and use any license, franchise or

property, real, personal or mixed, tangible or intangible, or

any interest therein, including a regional destination

facility or parts of the facility.

(5) Sell, transfer or dispose of any property or

interest therein for adequate and fair consideration.

(6) Acquire, hold, develop, construct, maintain, manage,

operate, repair, own, lease or sublease a regional

destination facility or parts of the facility and projects

funded from the Regional Growth Fund.

(7) Make, enter into and award contracts with any person

for the development, financing, construction, maintenance,

operation and repair of regional destination facilities or

parts of the facility and projects funded from the Regional

Growth Fund.

(8) Conduct financial and performance reviews and audits

of regional destination facilities and projects funded from

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the Regional Growth Fund.

(9) Conduct long-term planning necessary for the

efficient and effective operation and development of regional

destination facilities and projects funded from the Regional

Growth Fund.

(10) Make bylaws for the regulation of the authority's

affairs and promulgate rules, regulations and policies in

connection with the performance of the authority's functions

and duties.

(11) (i) Borrow money for the purpose of paying the

costs of any project and to evidence such borrowing in

any customary and appropriate fashion.

(ii) Make and issue taxable or tax-exempt negotiable

bonds of the authority and secure the payment of the

bonds or any part of the bonds by pledge or deed of trust

of all or any of its revenues, rentals, receipts and

contract rights.

(iii) Make agreements with the purchasers or holders

of the bonds or with other obligees of the authority in

connection with any bonds, whether issued or to be

issued, as the authority shall deem advisable, which

agreements shall constitute contracts with the holders or

purchasers.

(iv) Obtain credit enhancement or liquidity

facilities in connection with any bonds as the authority

shall determine to be advantageous.

(v) Provide, in general, for the security for the

bonds and for the rights of the holders of the bonds.

(12) Make, enter into and award contracts and to execute

all instruments necessary or convenient for the carrying out

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of its business.

(13) Borrow money and accept grants and to enter into

contracts, leases, subleases, licenses or other transactions

with any Federal agency, State public body, political

subdivision or person.

(14) Mortgage, pledge, hypothecate or otherwise encumber

any of its property, real, personal or mixed, tangible or

intangible, and its revenues or receipts, including any tax

revenues or interest the authority may have in any lease or

sublease of regional destination facilities or parts of

regional destination facilities.

(15) Procure insurance containing coverage, including,

without limitation, insurance covering the timely payment in

full of principal and interest on bonds of the authority, in

the amounts and from the insurers the authority may determine

to be necessary or desirable for its purposes.

(16) Invest authority money.

(17) Cooperate with any Federal agency, State public

body or political subdivision.

(18) Invest money not required for immediate

disbursement in reserve or sinking funds.

(19) Appoint all officers, agents and employees required

for the performance of its duties and fix and determine their

qualifications, duties and compensation and to retain or

employ other agents or consultants.

(20) Enroll authority employees in a retirement system,

including an existing retirement system of a participating

county or any other governmental entity located within a

participating county.

(21) Appoint and fix the compensation of chief counsel

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and assistant counsel, who may not be required to be

employees of the authority, to provide it with legal

assistance. Notwithstanding 42 Pa.C.S. § 8525 (relating to

legal assistance), the authority through its counsel shall

defend actions brought against the authority and its officers

and employees when acting within the scope of their official

duties.

(22) Do all acts and things necessary or convenient for

the promotion of its purposes and the general welfare of the

authority and to carry out the powers granted to the

authority under this chapter or any other law.

that it is necessary or convenient to acquire any real or

personal property in the central city for immediate or future

use for purposes related to the construction of regional

destination facilities or related developments, may acquire

property by the exercise of the power of eminent domain under 26

Pa.C.S. (relating to eminent domain), and for those purposes

shall have the power of eminent domain. The authority may use

its eminent domain power to acquire property already devoted to

a public use, except that the power may not be used to acquire

property owned or used by the Commonwealth. The board may not

exercise the authority's eminent domain power without the

approval of the mayor of the central city and the members of the

board appointed under section 17122(b)(1) and (3) (relating to

board of authority).

(d) Operations.--Notwithstanding any purpose of the

authority or a general or specific power granted by this chapter

or any other law, whether express or implied, the following

limitations and conditions shall apply to the operations of the

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authority:

(1) The authority shall have no power to pledge the

credit or taxing powers of the Commonwealth or any other

government agency, except the credit of the authority, nor

shall any of the bonds of the authority be deemed a debt or

liability of the Commonwealth or of any other government

agency, except as otherwise agreed by the Commonwealth or a

government agency.

(2) Neither the Commonwealth nor any government agency,

except the authority, shall be liable for payment of the

principal or maturity value of or interest or premium on any

of the bonds of the authority, except as otherwise agreed by

the Commonwealth or a government agency.

(3) Notwithstanding any provision of this chapter or any

other act to the contrary or of any implication that may be

drawn from this chapter or any other law, the Commonwealth

and all other government agencies, except the authority,

shall have no legal or moral obligation for the payment of

any expenses or obligations of the authority, including, but

not limited to, bond principal and interest, the funding or

refunding of any reserve and any administrative or operating

expenses whatsoever, except as otherwise agreed to by the

Commonwealth or another government agency.

(4) Bonds of the authority shall contain a prominent

statement of the limitations set forth in this subsection and

a further statement to the effect that obligees of the

authority shall have no recourse, either legal or moral, to

the Commonwealth or to any other government agency for

payment of the bonds, except as otherwise agreed to by the

Commonwealth or another government agency.

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(5) The authority may not assume the responsibility of

employing personnel directly engaged in the operation of

regional destination facilities described in paragraphs (1)

and (4) of the definition of "regional destination facility"

but may enter into contracts for the operation, maintenance

and ongoing improvement of those facilities with public and

private organizations that have expertise in operating the

type of facility involved.

(6) The authority may not operate, maintain or, after

the completion of initial construction, design or perform

subsequent improvements to the baseball park or football

stadium but shall contract for the performance of those

functions with the principal tenant of each of those

facilities.

§ 17134. Fiscal matters.

(a) Fiscal year.--The fiscal year of the authority shall

commence on July 1 of each year and end on June 30 of the next

year, except as otherwise provided by the board.

(b) Annual report.--The board shall, no later than the start

of each fiscal year, prepare a comprehensive annual report of

its activities and operations for the previous year, make the

report publicly available and conduct public meetings and

hearings to receive public comments and recommendations

regarding the activities and operations of the board. The board

shall forward a copy of the annual report each year to the

Governor and the General Assembly.

the authority by an independent certified public accounting

firm.

§ 17135. Initial financial plan.

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(a) Agreements.--Immediately upon the creation of the

authority, the board shall commence the negotiation, with public

or private entities as it considers appropriate, of agreements

relating to the construction of regional destination facilities.

Agreements regarding the construction of the baseball park and

the football stadium shall provide that those facilities may not

be owned by the teams that will be the principal tenants but

that the authority shall either own or enter into long-term

leases with the owner of the land, building and fixtures for

each of those facilities regardless of what public or private

entities are responsible for the construction of those

facilities. Each agreement regarding a regional destination

facility shall provide for:

(1) The development of long-term plans for the

financing, development and operation of the facility.

(2) Performance and financial goals, objectives and

standards for the operation of the facility.

(3) Assurances that adequate measures will be undertaken

to maintain and improve the facility.

(4) Assurances that the operating and capital budgeting

for the facility will occur in a financially responsible

manner.

(b) Budgets.--Prior to the start of the first full fiscal

year of the authority, the board shall adopt, in addition to the

operating and capital budgets required under sections 17136

(relating to capital budgets) and 17137 (relating to operating

budget), long-term budgets for the Regional Destination

Facilities Fund and the Regional Growth Fund. The long-term

budget for the Regional Destination Facilities Fund shall

estimate the total revenues required to complete the

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construction of all projects included in a regional destination

facility and the amount of revenues to be received by the

authority during the first seven calendar years of its

existence. At least 90 days before commencement of the second

and third full fiscal years of the authority, the board shall

update and revise the operating and capital budgets as required

under the long-term budget.

§ 17136. Capital budgets.

(a) General rule.--At least 90 days before commencement of

the ensuing fiscal year of the authority, recommended capital

budgets relating to the Regional Destination Facilities Fund and

the Regional Growth Fund shall be prepared and submitted to the

board. The capital budgets shall show, in detail, the capital

expenditures to be made or incurred in the next fiscal year

which are to be financed from each fund. The capital budgets

shall be adopted by the board no later than the date of the

adoption of its annual operating budget as required under

section 17137 (relating to operating budget).

(b) Vote.--Except for projects contained in a county growth

plan, a majority of the members of the board who are residents

of a particular participating county must vote in favor of the

inclusion in a capital budget for the Regional Growth Fund of

any expenditure relating to a project within that county.

Projects contained in a county growth plan shall be approved in

accordance with sections 17121 (relating to establishment of

Regional Growth Fund) and 17122 (relating to use of Regional

Growth Fund).

public hearing regarding the proposed annual capital budget for

the Regional Growth Fund.

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§ 17137. Operating budget.

(a) General rule.--At least 90 days before commencement of

the ensuing fiscal year of the authority, a recommended

operating budget shall be prepared and submitted to the board.

The operating budget shall set forth the estimated receipts and

revenues of the authority during the next fiscal year. The

operating budget for the next fiscal year shall be adopted by

the board at least 30 days before the end of the current fiscal

year.

(b) Expenses.--The money necessary to pay the administrative

expenses of the authority during each fiscal year may be drawn

from the Regional Destination Facilities Fund and the Regional

Growth Fund. Money drawn under this subsection shall be drawn

from the funds in proportion to the amount of time and expense

involved in administering each fund. The authority shall not use

more than 1% of the total revenues from the taxes imposed under

Subchapter E (relating to additional sales and use taxes) to pay

the administrative expenses of the authority.

and meetings regarding its operating budget.

§ 17138. Restrictions upon activities of board members and

employees.

(a) General rule.--A member of the board or an employee of

the authority may not, concurrent with the service of the member

or employee with the authority, be a party officer, public

officer, public official, public employee or a member of the

immediate family of a party officer, public officer or public

official. This section may not apply to members of the board

appointed under section 17132(b)(4), (5), (6), (7) and (8)

(relating to board of authority).

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(b) Applicability.--The provisions of the act of October 4,

1978 (P.L.883, No.170), referred to as the Public Official and

Employee Ethics Law, and the act of July 19, 1957 (P.L.1017,

No.451), known as the State Adverse Interest Act, are made

specifically applicable to board members, officers and employees

of the authority. For the purposes of application of the

referenced acts, employees of the authority shall be regarded as

public employees of the Commonwealth, and officers or board

members of the authority shall be regarded as public officials

of the Commonwealth, regardless of if the employees receive

compensation. The authority shall also be subject to 65 Pa.C.S.

(relating to public officers) and the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law, relating to the

inspection and copying of public records.

§ 17139. Exemption from taxation.

The effectuation of the authorized purpose of the authority

shall be exclusively for the benefit of the residents of this

Commonwealth, the increase of commerce and prosperity and the

improvement of health and living conditions. The authority may

not be required to pay taxes or assessments upon any property

acquired or used by the authority for the purposes under this

section, and the bonds issued by the authority and the interest

and income related to the bonds shall be free from State and

local taxation.

SUBCHAPTER D

BONDS AND FUNDS OF AUTHORITY

Sec.

17141. Bonds.

17142. Governmental immunity.

17143. Money of authority.

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17144. Transfer of money.

§ 17141. Bonds.

The authority may issue bonds, sell bonds, use net proceeds

of bond sales, refund bonds, adopt pledges, mortgages,

covenants, indentures and trusts, exercise remedies and confer

additional remedies upon persons holding bonds in the same

manner as provided in 64 Pa.C.S. Ch. 60 (relating to

Pennsylvania Convention Center Authority).

§ 17142. Governmental immunity.

Except as provided by and subject to 42 Pa.C.S. Ch. 85

Subchs. A (relating to general provisions) and C (relating to

actions against local parties), the authority and its officers,

officials and employees shall have governmental immunity.

§ 17143. Money of authority.

All money of the authority shall be paid to the treasurer of

the authority and invested in the same manner as provided in 64

Pa.C.S. § 6012 (relating to moneys of authority).

§ 17144. Transfer of money.

(a) General rule.--

(1) The central city, the central county or a contiguous

county, regardless of if the county is a participating

county, and any special-purpose areawide unit of local

government located or operating, in whole or in part, in any

county may make grants from current and future revenues to

the authority and to assist in defraying the costs of

managing, operating, maintaining, financing and servicing the

debt of regional destination facilities or parts of regional

destination facilities, to enter into long-term agreements

providing for payment of the costs and to enter into long-

term leases or subleases as lessee or sublessee of all or

20210SB0831PN1030 - 389 -

part of a regional destination facility.

(2) The city or county may issue general obligation

bonds for the purpose of obtaining money for the acquisition

or improvement of regional destination facilities or parts of

regional destination facilities.

(b) Contributions.--The Commonwealth may contribute to the

capital costs of constructing regional destination facilities by

the issuance of Commonwealth bonds and notes under Article XIX-B

of the act of March 4, 1971 (P.L.6, No.2), known as the Tax

Reform Code of 1971. A project undertaken by the authority is

deemed to be a redevelopment assistance project under which

capital money of the Commonwealth may be expended under the act

of May 20, 1949 (P.L.1633, No.493), known as the Housing and

Redevelopment Assistance Law, and, notwithstanding provisions of

the Housing and Redevelopment Assistance Law, the Department of

Community and Economic Development may make capital grants

directly to the authority.

SUBCHAPTER E

ADDITIONAL SALES AND USE TAXES

Sec.

17151. Construction of subchapter.

17152. Imposition of additional sales and use taxes.

17153. Situs.

17154. Referenda levying additional taxes.

17155. Licenses.

17156. Rules and regulations.

17157. Collection costs.

§ 17151. Construction of subchapter.

The tax imposed under this subchapter shall be in addition to

any tax imposed by the Commonwealth under Article II of the act

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of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of

1971. Except for the differing situs provisions in section 17153

(relating to situs), the provisions of Article II of the Tax

Reform Code of 1971 shall apply to the tax.

§ 17152. Imposition of additional sales and use taxes.

(a) Tax.--A county shall levy, assess and collect a tax on

the purchase price upon each separate sale at retail of tangible

personal property or services, as defined in Article II of the

act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code

of 1971, within the boundaries of the participating county in

which the electorate has approved the referendum provided under

section 17154 (relating to referenda levying additional taxes).

The tax shall be collected by the vendor from the purchaser and

shall be paid over to the Commonwealth for deposit in the

Regional Destination Facilities Fund and the Regional Growth

Fund as provided in subsection (f).

(b) Use tax.--In each participating county in which the

electorate approves the referendum levying the tax authorized

under subsection (a), a tax shall be levied, assessed and

collected upon the use within the county of the purchase price

of tangible personal property purchased at retail and on

services purchased at retail as defined in Article II of the Tax

Reform Code of 1971. The tax shall be paid to the Commonwealth

by the individual who makes the use for deposit in the Regional

Destination Facilities Fund and the Regional Growth Fund as

provided in subsection (f). The use tax imposed under this

subsection may not be paid to the Commonwealth by an individual

who has paid the tax imposed under subsection (a) or who has

paid the tax imposed by this subsection to the vendor with

respect to the use.

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and (b) shall be imposed at the rate of 0.5% and shall be

uniform, upon the same class of subjects and within the

territorial limits of the participating counties.

(d) Seven-year period.--The taxes imposed under subsections

(a) and (b) shall be collected only on sales or uses occurring

during the seven-year period from July 1, 1998, through June 30,

2005.

(e) Computation.--The taxes imposed under subsections (a)

and (b) shall be computed in the manner set forth in section

503(e) of the act of June 5, 1991 (P.L.9, No.6), known as the

Pennsylvania Intergovernmental Cooperation Authority Act for

Cities of the First Class.

(f) Disbursements.--The taxes imposed under subsections (a)

and (b) and any interest and penalties on the taxes shall be

received by the department and paid by the State Treasurer as

follows:

(1) Seventy-five percent of the taxes, interest and

penalties collected in the central county shall be paid to

the Regional Destination Facilities Fund and 25% to the

Regional Growth Fund.

(2) Twenty-five percent of the taxes, interest and

penalties collected in each contiguous county that is a

participating county shall be paid to the Regional

Destination Facilities Fund and 75% to the Regional Growth

Fund.

(g) Levying of the tax.--The governing body of a county in

which the electorate has approved a referendum levying the taxes

provided for in this subchapter may not be required to adopt an

ordinance levying the tax. Upon approval of the referendum

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provided under section 17154, taxes approved by referendum under

this subchapter shall be deemed levied by the governing board

under this subchapter.

§ 17153. Situs.

The situs of sales at retail or uses, including leases, of

motor vehicles, aircraft, motorcraft and utility services shall

be determined in the manner specified by section 504 of the act

of June 5, 1991 (P.L.9, No.6), known as the Pennsylvania

Intergovernmental Cooperation Authority Act for Cities of the

First Class.

§ 17154. Referenda levying additional taxes.

(a) Ballot.--The county board of elections of the central

county and each contiguous county shall cause to be printed on

the official ballot and ballot labels at the municipal election

in November 1997 a referendum to determine the will of the

electorate within the county with respect to levying the

additional sales and use taxes under this subchapter.

(b) Question in central county.--The question as printed on

the official ballot and ballot labels in the central county

shall be in the following form:

REGIONAL RENAISSANCE INITIATIVE

Do you favor supporting job creation projects in this

county by temporarily increasing the sales tax by 0.5%

for seven years, with 75% of the revenues used to fund

not more than 1/2 the cost of expanding the Lawrence

Convention Center, and constructing facilities in the

cultural district, a baseball park and a football

stadium; and with the remaining 25% of the revenues used

for other economic development projects in Allegheny

County?

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printed on the official ballot and ballot labels in the

contiguous counties shall be in the following form:

REGIONAL RENAISSANCE INITIATIVE

Do you favor supporting job creation projects in this

county by temporarily increasing the sales tax by 0.5%

for seven years, with 75% of the revenues used for

economic development, transportation and tourism projects

in (name) County; and with 25% of the revenues used to

fund not more than 1/2 the cost of expanding the Lawrence

Convention Center and constructing facilities in the

cultural district, a baseball park and a football stadium

in Pittsburgh?

(d) Advertisement.--The referenda required under this

section shall be advertised and conducted in accordance with the

act of June 3, 1937 (P.L.1333, No.320), known as the

Pennsylvania Election Code.

(e) Approval.--Except as provided in subsections (f), (g)

and (h), upon certification that the referendum under subsection

(a) has been approved in any county, the authority shall be

established as under section 17131 (relating to authority

established).

(f) Partial approval.--If the referendum provided for in

this section is not approved by the voters in the central county

but is approved by the voters in at least one contiguous county:

(1) The Regional Destination Facilities Fund may not be

established and all taxes collected by participating counties

under section 17152 (relating to imposition of additional

sales and use taxes) shall be deposited into the Regional

Growth Fund.

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(2) Members of the board may not be appointed under

section 17132(b)(1) and (3) (relating to board of authority).

(g) Nonparticipation.--If the referendum under this section

is approved by the voters in at least one county but is not

approved by the voters in a particular contiguous county, the

defeat of the referendum in that contiguous county may not

affect the establishment of the authority or the operation of

the provisions of this chapter, except that the additional taxes

provided for in section 17152 may not be collected in the

contiguous county and the contiguous county shall not be a

participating county.

(h) Defeated referenda.--If the referenda under this section

are defeated in the central county and all of the contiguous

counties, this subchapter and Subchapters G (relating to

Regional Destination Facilities Fund) and H (relating to

conveyance of David L. Lawrence Convention Center) shall be of

no further force and effect.

(i) Hotel tax.--If the referendum under this section is

approved by the voters in the central county, the increase in

the hotel tax in the central county provided for in section

17161 (relating to increase in rate of hotel tax in central

county) shall be reduced to 1.5% during the period that the

taxes imposed by section 17152 are collected in the central

county.

§ 17155. Licenses.

A license for the collection of the taxes imposed under this

subchapter shall be issued in the same manner as is provided for

in section 505 of the act of June 5, 1991 (P.L.9, No.6), known

as the Pennsylvania Intergovernmental Cooperation Authority Act

for Cities of the First Class.

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§ 17156. Rules and regulations.

Rules and regulations shall be applicable to the taxes

imposed under this subchapter in the same manner as is provided

for in section 506(1) and (2) of the act of June 5, 1991 (P.L.9,

No.6), known as the Pennsylvania Intergovernmental Cooperation

Authority Act for Cities of the First Class.

§ 17157. Collection costs.

(a) General rule.--The department may retain a sum equal to

the reasonable and necessary costs of collection and shall

inform the authority in writing monthly of the sum retained and

the costs of collection reimbursed. To provide a timely forecast

and assure consideration of the sum retained, the department

shall estimate the costs of collection for the next succeeding

fiscal year and provide the estimate, with all supporting

detail, to the authority. When the annual operating budget for

the department is submitted to the General Assembly, the

department shall submit to the chairperson and minority

chairperson of the Appropriations Committee of the Senate and

the chairperson and minority chairperson of the Appropriations

Committee of the House of Representatives the actual sums

retained for costs of collection in the preceding fiscal year,

together with all supporting details.

(b) Definition.--As used in this section, the term "costs of

collection" may not include any charge for overhead or capital

costs.

SUBCHAPTER F

INCREASE IN HOTEL TAX

Sec.

17161. Increase in rate of hotel tax in central county.

17162. Southwestern Pennsylvania Convention Center Design

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Commission.

17163. Restrictions of design commission members and employees.

17164. Design of convention center.

§ 17161. Increase in rate of hotel tax in central county.

(a) General rule.--The rate of the tax imposed under section

1970.2 of the act of July 28, 1953 (P.L.723, No.230), known as

the Second Class County Code, shall be increased by 2% to a rate

of 7%, subject to adjustment under section 17154(i) (relating to

referenda levying additional taxes), for the period provided in

subsection (c). Following the end of the period provided in

subsection (c), the tax shall be collected at the rate in effect

immediately prior to June 18, 1997.

(b) Definitions.--Terms used in this section that are not

otherwise defined in this part but are defined in section 1970.2

of the Second Class County Code shall have the meanings ascribed

to them in that section of that act.

under this section shall apply to and be collected only on

rentals of a room or rooms to accommodate transients that occur

during the period from September 1, 1997, through the earliest

of:

(1) February 28, 1999, if the auditorium authority has

not, in the period between June 18, 1997, and February 28,

1999, issued any bonds that are secured by the increased tax

revenues to be collected under this subchapter and are for

the purpose of financing the costs of any of the activities

described in subsection (d);

(2) the date on which all bonds issued by the auditorium

authority that are secured by the increased tax revenues to

be collected under this subchapter and are for the purpose of

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financing construction of the convention center have been

retired in full; or

(3) August 31, 2027.

(d) Distribution of revenues.--The incremental additional

revenues received from the tax increase under this section shall

be distributed as follows:

(1) One-third of the additional tax revenues collected

by hotels located within a municipality other than the

central city that at the time receives revenues under section

1970.2(b.1)(2) of the Second Class County Code shall be

returned to that municipality and otherwise handled in the

same fashion as if the incremental additional revenues

returned to the municipality under this paragraph were part

of the base revenues disbursed to it under that section.

(2) All other incremental additional revenues shall be

deposited by the treasurer of the central county with the

treasurer of the auditorium authority, who shall deposit the

revenue in a special fund to be used solely for:

(i) Project design and property acquisition in

connection with construction of a convention center until

the cost of the project design and property acquisition

have been completely paid or full funding has been

committed.

(ii) Following completion of the project design and

property acquisition under subparagraph (i), the costs of

constructing the convention center.

(e) Approval.--Money may not be disbursed under subsection

(d)(2)(i) for project design purposes without the approval of

the design commission established under section 17162 (relating

to Southwestern Pennsylvania Convention Center Design

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Commission).

§ 17162. Southwestern Pennsylvania Convention Center Design

Commission.

(a) General rule.--A body corporate and politic to be known

as the Southwestern Pennsylvania Convention Center Design

Commission is established as a special-purpose government

instrumentality exercising the powers conferred by this chapter.

The exercise by the design commission of the powers conferred by

this chapter is declared to be the performance of an essential

public function.

(b) Establishment.--The design commission shall be

established on June 18, 1997. Once established, the design

commission shall continue in existence until the renovations,

improvements and expansion of a convention center have been

completed.

(1) The members, employees and staff of the design

commission shall have sovereign immunity as provided in 1

Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed;

specific waiver).

(2) The members, employees and staff of the design

commission shall remain immune from suit except as provided

by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs.

A (relating to general provisions) and B (relating to actions

against Commonwealth parties).

(3) Notwithstanding the provisions of 42 Pa.C.S. § 8525

(relating to legal assistance), the design commission through

its legal counsel shall defend actions brought against the

design commission or its members, officers and employees if

acting within the scope of their official duties.

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(d) Membership.--The design commission shall be composed of

the following 15 members:

(1) One member appointed by the mayor of the central

city.

(2) One member appointed by the city council of the

central city.

(3) Two members appointed by the governing body of the

central county.

(4) One member appointed by the Governor.

(5) One member appointed by the regional planning

commission established under 53 Pa.C.S. § 2344 (relating to

establishment and organization of regional planning

commission) of which the central county is a member.

(6) Two members appointed by the Governor who have been

nominated by the governing board of the largest private trade

or industry association formed to represent the owners of

hotels located in the central county only.

(7) Two members appointed by the Governor who have been

nominated by the governing board of the largest private trade

or industry association formed to represent the owners of

restaurants located in the central county only.

(8) Four members appointed by the governing board of the

convention and visitors bureau.

(9) The chair of the auditorium authority.

(e) Term.--The term of office of the members of the design

commission shall be coincident with the term of existence of the

design commission.

(f) Qualifications.--The members appointed under subsection

(d)(8) shall have the following qualifications:

(1) One member shall have experience and expertise in

20210SB0831PN1030 - 400 -

planning and marketing national meetings and conventions.

(2) One member shall have experience and expertise in

planning and marketing consumer shows.

(3) One member shall have experience and expertise in

marketing convention centers.

(4) One member shall have experience and expertise in

providing support services for conventions and shows.

(g) Election of officers.--The members of the design

commission shall elect from members of the commission a chair,

secretary and other officers as the commission determines. Each

officer shall serve for a term of two years and until a

successor is elected and qualified or until death or

resignation. A member may not hold more than one office of the

design commission at any time. Members may serve successive

terms as officers of the design commission.

(h) Meetings.--The design commission shall meet as

frequently as it deems appropriate, but at least once a month

during the first year that it is in existence and thereafter at

least once during each calendar quarter. In addition, a meeting

of the design commission shall be called by the chair if a

request for a meeting is submitted to the chair by at least two

members of the design commission. A majority of the members of

the design commission in office shall constitute a quorum for

the purpose of conducting the business of the design commission

and for all other purposes. The acts of a majority of the

members of the design commission taken at a meeting at which a

quorum is present shall be the acts of the design commission.

(i) Powers.--The design commission is granted all powers

necessary or convenient to carry out the commission's purpose

under this chapter.

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(j) Reimbursement of expenses.--The members of the design

commission shall serve without compensation but shall be

entitled to reimbursement of reasonable expenses incurred while

participating in the business of the design commission. Expense

reimbursements, as well as all costs associated with conducting

the business of the design commission, shall be paid by the

auditorium authority out of the special fund established under

section 17161(d) (relating to increase in rate of hotel tax in

central county).

§ 17163. Restrictions of design commission members and

employees.

(a) General rule.--A member or employee of the design

commission may not, concurrent with the service of the member or

employee with the design commission, be a party officer, public

officer, public official, public employee or a member of the

immediate family of a party officer, public officer or public

official.

(b) Application of acts.--65 Pa.C.S. Ch. 11 (relating to

ethics standards and financial disclosure) and the act of July

19, 1957 (P.L.1017, No.451), known as the State Adverse Interest

Act, are made specifically applicable to members and employees

of the design commission. For the purposes of application of the

acts, employees of the design commission shall be regarded as

public employees of the Commonwealth, and members of the design

commission shall be regarded as public officials of the

Commonwealth, regardless of if the members or employees receive

compensation. The design commission shall also be subject to 65

Pa.C.S. Ch. 7 (relating to open meetings) and the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

§ 17164. Design of convention center.

20210SB0831PN1030 - 402 -

(a) Contracts.--Contracts for the design and planning of the

renovations, improvements and expansion of the convention center

that are to be funded in whole or in part under this chapter may

not be let without the approval of the design commission. The

power of the design commission to approve contracts under this

subsection shall include all aspects of the contracts,

including, without limitation, the identity of the architects,

engineers, surveyors and other persons who are parties to the

contracts and the terms of the contracts.

(b) Approval.--Capital projects for construction of the

convention center may not be undertaken unless and until the

schematic design and the preliminary design development

documents have been approved by the design commission. The

design and construction of the convention center may be divided

into stages or phases for which schematic design and preliminary

design development documents may be approved separately by the

design commission and may be undertaken as if each stage or

phase were a separate capital project. Further design approval

shall not be required if the construction documents are

consistent with the design set forth in the schematic and

preliminary design development documents.

SUBCHAPTER G

REGIONAL DESTINATION FACILITIES FUND

Sec.

17171. Establishment of Regional Destination Facilities Fund.

17172. Use of Regional Destination Facilities Fund.

§ 17171. Establishment of Regional Destination Facilities Fund.

(a) Fund established.--Subject to section 17154(f)(1)

(relating to referenda levying additional taxes), the Regional

Destination Facilities Fund is established. The treasurer of the

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authority shall be custodian of the Regional Destination

Facilities Fund, which shall be subject to the provisions of law

applicable to funds listed in section 302 of the act of April 9,

1929 (P.L.343, No.176), known as The Fiscal Code.

(b) Source of fund money.--Taxes imposed under Subchapter E

(relating to additional sales and use taxes) shall be received

by the department and paid to the treasurer of the authority

and, along with interest and penalties less any collection costs

allowed under Subchapter E and any refunds and credits paid,

shall be credited in the manner provided in section 17152(f)

(relating to imposition of additional sales and use taxes) to

the Regional Destination Facilities Fund not less frequently

than every two weeks. Amounts appropriated to the fund by the

General Assembly and any contributions received from any other

source shall be credited to the Regional Destination Facilities

Fund.

Regional Destination Facilities Fund, including money credited

under this section, prior year encumbrances and interest earned

on money in the fund, shall not lapse or be transferred to any

other fund, except as provided in section 17172(c) (relating to

use of Regional Destination Facilities Fund), but shall remain

in the Regional Destination Facilities Fund and must be used

exclusively as provided in this chapter.

(d) Interest earnings.--Pending disbursement, money received

on behalf of or deposited into the Regional Destination

Facilities Fund shall be invested or reinvested in the same

manner as is money in the custody of the State Treasurer. All

earnings received from the investment or reinvestment of the

money shall be credited to the Regional Destination Facilities

20210SB0831PN1030 - 404 -

Fund.

§ 17172. Use of Regional Destination Facilities Fund.

(a) Allocations.--Each long-term budget required by section

17135(b) (relating to initial financial plan) shall provide that

the total expenditure of money in the Regional Destination

Facilities Fund which has already been made plus the

expenditures provided for in the long-term budget are allocated

to ensure that the total amount ultimately expected to be

deposited in the fund is allocated as follows:

(1) Except for the portion of the Regional Destination

Facilities Fund used to defray the operating expenses of the

authority as provided in section 17137(b) (relating to

operating budget), all of the money in the fund shall be used

to fund the construction of regional destination facilities

and related developments. Not less than 85% shall be used for

the construction of the regional destination facilities, with

the remaining 15% available for the construction of related

developments, such as parking facilities for a baseball park

and football stadium.

(2) Subject to paragraphs (3), (4), (5) and (6), the

total amount of the fund shall be allocated in the manner

most likely, in the judgment of the authority, to permit the

completion of the construction of all of the regional

destination facilities.

(3) Not less than 30% nor more than 40% shall be spent

on construction of the convention center, but in no event

shall the money provided from the fund represent more than

50% of the cost of that project.

(4) Not less than 28% nor more than 32% shall be spent

on construction of the baseball park, but in no event shall

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the money provided from the fund represent more than 50% of

the cost of that project.

(5) Not less than 28% nor more than 32% shall be spent

on construction of the football stadium, but in no event

shall the money provided from the fund represent more than

50% of the cost of that project.

(6) Not less than 5% nor more than 10% shall be spent on

construction of the projects described in paragraph (4) of

the definition of "regional destination facility," but in no

event shall the money provided from the fund represent more

than 50% of the individual cost of any of those projects.

(b) Baseball park and football stadium costs.--The authority

shall ensure that a portion of the cost of constructing the

baseball park and the football stadium shall be paid for from

private funding sources. The cost of retiring the bonds issued

by the authority organized under the act of July 29, 1953

(P.L.1034, No.270), known as the Public Auditorium Authorities

Law, and known as the Stadium Authority of The City of

Pittsburgh that are outstanding at the time that the stadium

owned by the Stadium Authority of The City of Pittsburgh is used

neither for professional baseball games nor for professional

football games and the cost of demolishing the stadium may be

treated as eligible for funding from the Regional Destination

Facilities Fund, but none of those costs may be funded under

subsection (a)(3) or (6).

Regional Destination Facilities Fund that cannot be disbursed as

a result of limitations under subsection (a) shall be

transferred on July 1, 2005, to the Regional Growth Fund.

SUBCHAPTER H

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CONVEYANCE OF DAVID L. LAWRENCE CONVENTION CENTER

Sec.

17181. Conveyance of convention center.

§ 17181. Conveyance of convention center.

(a) Authorization.--The Department of General Services, with

the approval of the Governor, is authorized and directed on

behalf of the Commonwealth to grant and convey to the authority,

for a consideration of $1, as soon as practicable after the

approval in the central county of the referendum required by

section 17154 (relating to referenda levying additional taxes),

the tract of land, with the structures, facilities, buildings,

fixtures and improvements erected on the tract, situate in the

City of Pittsburgh, Allegheny County, Pennsylvania, and known as

the David L. Lawrence Convention Center. The conveyance shall

include any property adjacent to the convention center that is

acquired by the Commonwealth prior to the date of the conveyance

and any options to acquire the adjacent property held by the

Commonwealth on the date of the conveyance.

(b) Easements.--The following apply:

(1) The conveyance of the convention center shall be

made under and subject to:

(i) all easements, servitudes and rights of others,

including streets, roadways and rights of a telephone,

telegraph, water, electric, sewer, gas or pipeline

company; and

(ii) any interest, estates or tenancies vested in

third persons, whether or not appearing of record, for

any portion of the land or improvements erected thereon.

(2) The authority shall be bound by the terms of any

labor contracts relating to the convention center that are in

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effect at the time of its conveyance to the authority.

approved as provided by law and shall be executed by the

Secretary of General Services in the name of the Commonwealth.

(d) Costs and fees.--Costs and fees incidental to the

conveyance of the convention center shall be borne by the

grantee.

(e) Construction.--The conveyance of the convention center

under this section shall not affect the availability of the

revenues from the hotel tax authorized in section 1970.2 of the

act of July 28, 1953 (P.L.723, No.230), known as the Second

Class County Code, to fund the operational and maintenance

expenditures of the convention center.

CHAPTER 173

THIRD CLASS COUNTY CONVENTION CENTER AUTHORITIES

Subchapter

A. Third Class County Convention Center Authorities

B. Third Class County Convention Center Authorities,

Alternative Provisions

SUBCHAPTER A

THIRD CLASS COUNTY CONVENTION CENTER AUTHORITIES

Sec.

17301. Scope of subchapter.

17302. Findings, declaration of policy and scope.

17303. Definitions.

17304. Authority creation.

17305. Purposes and powers in general.

17306. Capital and operating budgets.

17307. Authorization to issue bonds.

17308. Provisions of bonds, trusts, indentures and mortgages.

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17309. Remedies of obligee of authority.

17310. Additional remedies conferrable by authority.

17311. Governing board.

17312. Sovereign immunity.

17313. Money of authority.

17314. Transfer of existing facilities or money, making of

annual grants and lease payments to authority.

17315. Award of contracts.

17316. Interests of public officers, public employees and party

officers.

17317. Acquisition of lands.

17318. Use and operation of convention center.

17319. Limitation of powers.

17320. Exemption from taxation.

17321. Lease by authorities.

17322. Cooperation.

17323. Hotel room rental tax.

§ 17301. Scope of subchapter.

This subchapter relates to third class county convention

center authorities.

§ 17302. Findings, declaration of policy and scope.

(a) Findings.--The General Assembly finds as follows:

(1) The health, safety and general welfare of the people

of this Commonwealth are directly dependent upon the

continual encouragement, development, growth and expansion of

business, industry, commerce and tourism within this

Commonwealth.

(2) Unemployment, the spread of indigency and the heavy

burden of public assistance and unemployment compensation can

be avoided by the promotion, attraction, stimulation,

20210SB0831PN1030 - 409 -

development and expansion of business, industry, commerce and

tourism in this Commonwealth.

(3) Development of convention centers is appropriate

within the redevelopment assistance eligible area of a third

class county and that the attraction of business to this

Commonwealth as a result of the development is an important

factor in the continual encouragement, promotion, attraction,

stimulation, development, growth and expansion of business,

industry, commerce and tourism within the county seat, the

surrounding counties and this Commonwealth as a whole.

(4) The purpose of a convention center should be the

promotion, attraction, stimulation, development and expansion

of business, industry, commerce and tourism in the county

seat, the surrounding counties and this Commonwealth as a

whole.

(5) The development of a convention center will provide

benefits to the hotel industry throughout the entire area of

the county in which the convention center is developed.

(6) The development of a convention center will also

provide benefits to the restaurant and entertainment

industries throughout the entire county in which the

convention center is located, to all other businesses and

individuals benefited by the attraction of major conventions

and tourists, to other individual businesses whose livelihood

is dependent on major conventions and tourists and to the

general public.

(7) The need for and promotion of the type of facility

which will provide significant benefits to the general public

will require the expenditure of public money and it is

appropriate to authorize a county to impose and collect a tax

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applicable within the entire territorial limits of the county

to facilitate the development of a convention facility and

the promotion of tourism within the county.

(8) To promote the development of convention centers

within this Commonwealth, it is necessary to provide

additional and flexible means of developing, constructing,

designing, managing, financing and operating convention

centers.

(9) An important aspect of the development of convention

centers should be the removal and redevelopment of blighted

areas.

(b) Declaration.--It is declared to be the policy of the

Commonwealth to promote the health, safety, employment, business

opportunities and general welfare of the people of this

Commonwealth by providing for the creation of third class county

convention center authorities, which shall exist and operate as

public instrumentalities of the Commonwealth for the public

purpose of promoting, attracting, stimulating, developing and

expanding business, industry, commerce and tourism in this

Commonwealth. This purpose is declared to be a public purpose

supporting the enactment of all provisions of this subchapter

for which public money may be spent and taxes may be imposed.

(1) This subchapter shall not apply to a county which

has an existing convention center owned, leased or operated

by an existing authority or the Commonwealth, which covers an

area of more than 40,000 square feet.

(2) This subchapter shall not apply to a county which is

served, together with one or more other counties, by a joint

planning commission.

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(3) No provision of this subchapter other than section

17323 (relating to hotel room rental tax) shall apply to an

existing authority.

§ 17303. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Authority." An agency and public instrumentality of the

Commonwealth and a body politic and corporate created under this

subchapter.

"Board." The governing body of an authority.

"Bonds." Notes, bonds, refunding notes and bonds, interim

certificates, debentures and other evidence of indebtedness or

obligations which an authority may issue under this subchapter.

"Construction." The acquisition, design, erection,

extension, renovation, rehabilitation, conversion, furnishing,

fixturing, equipping, enlargement or substantial repair of a

convention center, or part of a convention center, and

activities substantially related to the acquisition, design,

erection, extension, renovation, rehabilitation, conversion,

furnishing, fixturing, equipping, enlargement or substantial

repair of a convention center or part of a convention center.

"Convention center." Includes:

(1) Any land, improvement, structure, building, or part

of a land, improvement, structure or building, or property

interest in any land, improvement, structure, building, or

part of a land, improvement, structure or building, whether

owned by or leased by or to or otherwise acquired by an

authority, appropriate for any of the following:

(i) Large public assemblies.

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(ii) The holding of conventions, conferences, trade

exhibitions and other business, social, cultural,

scientific and public interest events.

(2) All facilities, furniture, fixtures and equipment

necessary or incident to any property or property interest

under paragraph (1), including meeting rooms, dining rooms,

kitchens, ballrooms, reception areas, registration and

prefunction areas, truck loading areas, including access

thereto, accessways, common areas, lobbies, offices and areas

appurtenant to any of the preceding, together referred to as

the main convention area.

(3) Other buildings, structures or facilities for use in

conjunction with the main convention area, including

provision for off-street parking, retail areas and other

improvements related to the convention center owned by or

leased by or to an authority for the purpose of producing

revenues to assist in defraying the costs or expenses of the

convention center.

"Cost of a project." All or any part of the cost of

construction, acquisition, alteration, enlargement, furnishing,

fixturing and equipping, reconstruction and rehabilitation of a

convention center project. The term includes:

(1) The cost of all lands, structures, real or personal

property, rights, rights-of-way, roads, franchises, easements

and interests acquired or used for or in connection with a

project.

(2) The cost of demolishing or removing buildings or

structures on land acquired, including the cost of acquiring

lands to which the buildings or structures may be moved or

located.

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(3) The cost of all utility lines, structures or

equipment.

(4) The charges, interest prior to, during and for a

period of six months after completion of construction and

acquisition.

(5) Provisions for reserves for principal and interest

and for extensions, enlargements, additions and improvements.

(6) The cost of architectural, engineering, financial

and legal services, plans, specifications, studies, surveys,

estimates of cost and revenues.

(7) Expenses necessary or incident to determining the

feasibility or practicability of constructing the project.

(8) Other capital cost or expense as may be necessary or

incident to the construction, development and acquisition of

the project, the financing of construction, development and

acquisition and the placing of the project in operation,

including, without limitation, a proper allowance for

contingencies and the provision of reasonable initial working

capital for operating the project.

"County." 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 subchapter.

"Existing authority." An authority incorporated by a county

of the third class prior to November 1, 1994, under the former

act of May 2, 1945 (P.L.382, No.164), known as the Municipality

Authorities Act of 1945, for the principal purpose of owning or

operating a convention center.

"Federal Government." The United States, the President of

the United States and any department or corporation, agency or

instrumentality created, designated or established by the United

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States.

"Obligee." A bondholder or a trustee for a bondholder party

to a contract with an authority.

"Project." A site, building, structure, equipment,

furnishing and other facilities or undertaking in respect of a

convention center which an authority may acquire, construct,

improve, install, maintain or operate under the provisions of

this subchapter.

"Redevelopment assistance eligible area." An area determined

by the Department of Community and Economic Development to be

eligible as a site for a facility receiving a grant under the

Redevelopment Assistance Capital Program.

"State public body." The Commonwealth and its executive,

administrative and independent agencies, departments, officers,

boards, authorities, commissions and instrumentalities.

"Substantial completion." Construction that is sufficiently

completed in accordance with contract documents and certified by

the convention center authority's architect or engineer, as

modified by change orders so that the main convention area can

be used, occupied or operated for its intended use. In no event

shall a project be certified as substantially complete until at

least 90% of the work on the main convention area is completed.

§ 17304. Authority creation.

The governing bodies of a third class county and the

political subdivision constituting the county seat or the county

acting alone may create a body corporate and politic to be named

the ......... County Convention Center Authority to be created

as a public authority and government instrumentality to have

continuing succession until its existence shall be terminated by

law. If the convention center to be constructed by an authority

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created under this subchapter shall be located within the

jurisdictional limits of the county seat of the county, the

authority shall be a joint authority of the county and the

county seat. If the convention center shall be located outside

the jurisdictional limits of the county seat of the county, the

authority may be created solely by the county. The exercise by

the authority of the powers conferred by this subchapter is an

essential public function.

§ 17305. Purposes and powers in general.

(a) Purposes.--An authority created under this subchapter

shall be a public body, corporate and politic, exercising public

powers of the Commonwealth as an agency and instrumentality and

shall be for the purpose, without limitation, by itself or by

agreement in cooperation with others, of acquiring, holding,

developing, designing, constructing, improving, maintaining,

managing, operating, financing, furnishing, fixturing,

equipping, repairing, leasing or subleasing, either in the

capacity of lessor or lessee or sublessor or sublessee, and

owning a convention center, or parts of a convention center.

(b) Powers.--The authority is granted all powers necessary

or convenient for the carrying out of the purposes in subsection

(a), including the right and power to:

(1) Have continuing succession.

(2) Sue and be sued, implead and be impleaded, complain

and defend in all courts.

(3) Adopt, use and alter at will a corporate seal.

(4) Acquire by gift or otherwise, purchase, hold,

receive, lease, sublease and use a license, franchise or

property, real, personal or mixed, tangible or intangible, or

any interest in a license, franchise or property, including a

20210SB0831PN1030 - 416 -

convention center or part of a convention center.

(5) Sell, transfer or dispose of property or an interest

in property with adequate and fair consideration.

(6) Acquire, hold, develop, design, construct, improve,

maintain, manage, operate, furnish, fix, equip, repair, own,

lease or sublease a convention center, or part of a

convention center.

(6.1) Make, enter into and award contracts with any

person, association, partnership or corporation for the

development, design, financing, construction, improvement,

maintenance, operation, management, furnishing, fixturing,

equipping and repairing of a convention center or part of a

convention center.

(7) Make bylaws for the management and regulation of its

affairs and issue rules, regulations and policies in

connection with the performance of the authority's functions

and duties.

(8) Appoint officers, agents, employees and servants, to

prescribe duties and to fix compensation.

(9) Fix, alter, charge and collect rentals, admissions,

license fees and other charges.

(10) Do the following:

(i) Borrow money for the purpose of paying the costs

of a project and to evidence the same.

(ii) Make and issue negotiable bonds of the

authority.

(iii) Secure payment of the bonds, or any part of

the payment, by pledge or deed of trust of all or any of

its revenues, including any hotel room rental tax,

rentals, receipts and contract rights.

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(iv) Make agreements with the purchasers or holders

of the bonds or with other obligees of the authority in

connection with the bonds, whether issued or to be

issued, as the authority shall deem advisable, which

agreements shall constitute contracts with the holders or

purchasers.

(v) Obtain credit enhancement or liquidity

facilities in connection with the bonds as the authority

shall determine to be advantageous.

(vi) Provide for the security of the bonds and the

rights of the bondholders.

(11) Make, enter into and award contracts and to execute

all instruments necessary or convenient for the carrying out

of its business.

(12) Borrow money and accept grants and to enter into

contracts, leases, subleases, licenses or other transactions

with any Federal agency, State public body, political

subdivision, person, association, partnership or corporation.

(13) Pledge, hypothecate or otherwise encumber its

property, real, personal or mixed, tangible or intangible,

and its revenues or receipts, including, but not limited to,

any interest the authority may have in a lease or sublease of

a convention center or part of a convention center.

(14) Procure insurance containing coverages, including

insurance covering the timely payment in full of principal of

and interest on bonds of the authority, in amounts and from

insurers, as the authority may determine to be necessary or

desirable for its purposes.

(15) Invest money of the authority.

(16) Cooperate with any Federal agency, State public

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body or political subdivision.

(17) Invest money held in reserve or sinking funds or

money not required for immediate disbursements as authorized

by section 17313(d) (relating to money of authority).

(18) Appoint all officers, agents and employees required

for the performance of its duties and fix and determine their

qualifications, duties and compensation and retain or employ

other agents or consultants, including architects, auditors,

engineers, private legal counsel and private consultants, on

a contract basis or otherwise for rendering professional or

technical services and advice.

(19) Enroll authority employees in an existing

retirement system of the State, county, city or other

governmental entity.

(20) Appoint and fix the compensation of chief counsel

and assistant counsel to provide the authority with legal

assistance, and the authority through counsel shall defend

actions brought against the authority and officers and

employees of the authority when acting within the scope of

their official duties.

(21) Maintain an office in the county seat.

(22) Appoint an executive director who shall:

(i) be the chief executive officer of the authority;

(ii) devote full time during business hours to the

duties of the office; and

(iii) receive compensation as the board shall

determine.

(23) Do all acts and things necessary or convenient for

the promotion of authority purposes and the general welfare

of the authority and to carry out the powers granted to the

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authority by this subchapter or by any other act.

(1) The authority shall have no power to pledge the

credit or taxing powers of a State public body, a political

subdivision or the county.

(2) Authority obligations may not be deemed obligations

of any State public body, a political subdivision or the

county.

(3) A State public body, a political subdivision or the

county shall not be liable for the payment of principal or

interest on obligations of the authority.

(4) The authority shall have no power of eminent domain.

(d) Affirmative action.--The authority shall develop and

implement an affirmative action plan to assure that all persons

are accorded equality of opportunity in employment and

contracting by the authority and authority contractors,

subcontractors, assignees, lessees, agents, vendors and

suppliers.

§ 17306. Capital and operating budgets.

(a) Capital budget.--At least 90 days before the commencing

of the ensuing fiscal year of the authority, a recommended

capital budget shall be prepared and submitted to the board. The

capital budget shall show in detail the capital expenditures to

be made or incurred in the next fiscal year and financed from

money subject to control or appropriation by the board. For each

separate purpose, project, facility or other property, the

amount and the source of the money that has been spent,

encumbered or is intended to be spent or encumbered during the

fiscal year shall be shown. No later than the date of the

adoption of the annual operating budget, the board shall by a

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majority vote of its members adopt a capital budget.

(b) Operating budget.--At least 90 days before the

commencing of the ensuing fiscal year of the authority, a

recommended operating budget shall be prepared and submitted to

the board. The operating budget shall be prepared with the aid

of the governing bodies of the county and county seat. In the

event that the operating budget is not in a form and detail

satisfactory to a governing body, the governing body may require

that the operating budget be redrafted and resubmitted, and the

governing body shall not be considered to be in receipt of the

operating budget or any amendments unless the form and detail is

to the governing body's satisfaction. The operating budget shall

set forth the estimated receipts and revenues of the authority

during the next fiscal year. The board shall, at least 30 days

before the end of the fiscal year, adopt by a majority vote of

its members an operating budget for the next fiscal year.

§ 17307. Authorization to issue bonds.

(a) Authorization.--

(1) The authority may authorize the issuance of bonds by

resolution of the board. A resolution authorizing the

issuance of bonds must specify all of the following:

(i) Series.

(ii) Date of maturity not exceeding 40 years from

date of issue.

(iii) Interest rate, as determined by the board as

necessary to issue and sell the authorized bonds.

(iv) Denomination.

(v) Form, either coupon or fully registered without

coupons.

(vi) Registration, exchangeability and

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interchangeability privileges.

(vii) Medium of payment and place of payment.

(viii) Terms of redemption.

(ix) Priorities in the revenue or receipts of the

authority.

(2) The bonds shall be signed by or shall bear the

facsimile signatures of officers the authority determines,

and coupon bonds shall have attached to them interest coupons

bearing the facsimile signature of the treasurer of the

authority, and all bonds shall be authenticated by an

authenticating agent, fiscal agent or trustee, as may be

prescribed in a resolution of the board. The bonds may be

issued and delivered regardless of whether one or more of the

officers who signed the bonds or the treasurer who, by

facsimile, signed the coupon are not officers at the time the

bonds are delivered.

(b) Sale of bonds.--The bonds may be sold at public sale or

private negotiated sale for the price or prices and at the rate

of interest as the authority determines. Pending the preparation

of the definitive bonds, interim receipts may be issued to the

purchaser or purchasers of the bonds and may contain terms and

conditions as the authority determines.

negotiable instruments under 13 Pa.C.S. (relating to commercial

code).

(d) Use of net proceeds.--The net proceeds of the issue of

bonds or notes may be used to pay the costs of the project or to

reimburse costs initially paid by a State public body, the

county, another political subdivision, an agency, an

organization or an individual.

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(e) Refunding authorized.--

(1) Subject to the provisions of the outstanding bonds,

notes or other obligations and subject to the provisions of

this subchapter, the authority shall have the right and power

to refund outstanding debt, in whole or in part, at any time

and shall have the right and power to refund outstanding

notes with bonds or bonds with notes.

(2) As used in this subsection, the term "refund" and

its variations means the issuance and sale of obligations the

proceeds of which are used or are to be used for the payment

or redemption of outstanding obligations upon or prior to

maturity.

§ 17308. Provisions of bonds, trusts, indentures and mortgages.

In connection with the issuance of bonds or the incurring of

obligations under leases and in order to secure the payment of

the bonds and obligations, the authority, in addition to its

other powers, shall have the power to:

(1) Pledge all or part of the gross or net revenues to

which the authority's right then exists or may come into

existence.

(2) Mortgage all or part of the authority's real or

personal property.

(3) Covenant the following:

(i) Against pledging all or part of the authority's

revenues or against mortgaging all or part of the

authority's real or personal property or permitting or

suffering a lien on the revenues or property.

(ii) With respect to limitations on the authority's

right to sell, lease or otherwise dispose of real

property.

20210SB0831PN1030 - 423 -

(iii) Other or additional debts or obligations

incurred by the authority.

(4) Do the following:

(i) Covenant as to the bonds to be issued and as to

the issuance of the bonds, in escrow or otherwise, and as

to the use and disposition of the proceeds.

(ii) Provide for the replacement of lost, destroyed

or mutilated bonds.

(iii) Covenant against extending the time for the

payment of its bonds or interest.

(iv) Redeem the bonds and to covenant for and

provide the terms and conditions for redemption.

(5) Do the following:

(i) Covenant as to the amount and the use and

disposition of revenues to be raised each year or other

period of time by the authority.

(ii) Create or authorize the creation of special

funds for debt service or other purposes.

(iii) Covenant as to the use and disposition of the

money held in the funds for debt service or other

purposes.

(6) Prescribe the procedure, if any, by which the terms

of a contract with bondholders may be amended or abrogated,

the amount of bonds, to which bondholders must consent, and

the manner in which consent may be given.

(7) Do the following:

(i) Covenant as to the use of its real or personal

property.

(ii) Warrant its title.

(iii) Covenant as to the maintenance and replacement

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of its real and personal property, the insurance to be

carried on the property and the use and disposition of

insurance money.

(8) Do the following:

(i) Covenant as to the rights, liabilities, powers

and duties arising upon the breach by it of any covenant,

condition or obligation.

(ii) Covenant and prescribe in the event of default

as to terms and conditions upon which authority bonds or

obligations are due before maturity and as to the terms

and conditions upon which a declaration and its

consequences may be waived.

(9) Do the following:

(i) Vest in a trustee or bondholders or any

proportion of the bondholders the right to enforce the

payment of the bonds or any covenants securing or

relating to the bonds and vest in a trustee the right in

the event of a default by the authority to take

possession and use, operate and manage any real property

and collect the rents and revenues that arise from the

real property and to dispose of the money collected in

accordance with the agreement of the authority with the

trustee.

(ii) Provide for the powers and duties of a trustee

and limit the trustee's liabilities.

(iii) Provide the terms and conditions upon which

the trustee or bondholders or any proportion of

bondholders may enforce covenants or rights securing or

relating to the bonds.

(10) Obtain letters of credit and bond insurance.

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(11) Exercise all, any part or combination of the powers

granted in this section.

(12) Make covenants other than and in addition to the

covenants expressly authorized in this section.

(13) Make covenants and perform acts necessary,

convenient or desirable in order to secure the authority's

bonds or, in the absolute discretion of the authority, that

will accomplish the purpose of this subchapter by making the

bonds more marketable even if the covenants or acts may not

be specifically enumerated in this section.

§ 17309. Remedies of obligee of authority.

An obligee of the authority shall have the right, in addition

to all other rights which may be conferred on the obligee,

subject only to contractual restrictions binding upon the

obligee:

(1) By mandamus, suit, action or proceeding at law or in

equity, to compel the authority and authority members,

officers, agents or employees to perform each term, provision

and covenant contained in any bond or contract of the

authority with or for the benefit of the obligee and require

the carrying out of any or all covenants and agreements of

the authority and the fulfillment of all duties imposed upon

the authority by this subchapter.

(2) By proceeding in equity, to obtain an injunction

against any acts or things which may be unlawful or the

violation of any of the rights of the obligee.

§ 17310. Additional remedies conferrable by authority.

(a) Default.--The authority shall have power by resolution,

trust, indenture or mortgage to confer upon an obligee holding

or representing a specified percentage of bonds the right, in

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addition to all rights that may otherwise be conferred, upon the

happening of an event of default as defined in the resolution or

instrument, by suit, action or proceeding in a court of

competent jurisdiction:

(1) to obtain the appointment of a receiver of any real

property or leasehold interest of the authority and of the

rents and profits from the real property or leasehold

interest. If a receiver is appointed, the receiver may enter

and take possession of the real property or any leasehold

interest, operate the property of leasehold interest and

collect and receive all revenues or other income arising from

the operation and shall keep the money in a separate account

and apply the money in accordance with the obligations of the

authority as the court shall direct; or

(2) to require the authority and authority members to

account as if it and they were the trustees of an express

trust.

(b) Authority of receiver.--Nothing in this subchapter shall

authorize a receiver appointed under this subchapter for the

purpose of operating and maintaining facilities of the authority

to sell, assign, mortgage or otherwise dispose of the assets of

the authority. It is the intention of this subchapter to limit

the powers of the receiver to the operation and maintenance of

the facilities of the authority as the court directs, and the

following apply:

(1) Receivers may not sell, assign, mortgage or

otherwise dispose of any assets of the authority.

(2) Bondholders, trustees and other obligees do not have

the right in any suit, action or proceeding, at law or in

equity, to compel a receiver to sell, assign, mortgage or

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otherwise dispose of any assets of the authority.

(3) A court may not direct a receiver to sell, assign,

mortgage or otherwise dispose of any assets of the authority.

§ 17311. Governing board.

(a) Appointment.--The power of the authority shall be

exercised by a governing board. The following apply:

(1) The governing body of the county seat of the county

in which the convention center is located shall appoint three

members. The terms of the first three members appointed shall

be allocated between them for a two-year, three-year and

four-year term, respectively.

(2) The governing body of the county in which the

convention center is located shall appoint three members. The

terms of the first three members appointed shall be allocated

between them for a two-year, three-year and four-year term,

respectively.

(3) The two governing bodies shall alternate in the

appointment of the seventh board member. The governing body

of the county shall make the first appointment of the seventh

board member, whose term shall be four years.

(b) Terms.--Except as otherwise provided, members shall

serve a four-year term from the date of appointment and until

successors have been appointed and qualified. Subject to

subsection (a), if a vacancy occurs by means of the death,

disqualification, resignation or removal of a member, the

appointing authority shall appoint a successor to fill the

unexpired term.

limitation and other rules and regulations as the board

determines, a member shall receive $100 per board meeting.

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(d) Organization.--

(1) The members of the board shall select from the

members a chairperson and other officers as the board may

determine.

(2) Except as otherwise provided, all actions of the

board shall be taken by a vote of at least four members of

the board, which shall constitute a majority, unless the

bylaws of the authority provide for a majority vote by a

present quorum in the absence of a full board.

(3) The board shall have full authority to manage the

properties and business of the authority and to prescribe,

amend and repeal bylaws, rules and regulations governing the

manner in which the business of the authority may be

conducted and the powers granted to it may be exercised and

embodied.

(4) Notwithstanding any other law, court decision,

precedent or practice to the contrary, actions by or on

behalf of the board shall not be taken by an officer of the

board except upon the approval of the board.

(5) As used in this subsection, the term "actions by or

on behalf of the board" means any action of the board,

including:

(i) the hiring, appointment, removal, transfer,

promotion or demotion of officers and employees;

(ii) the retention, use or remuneration of advisors,

counsel, auditors, architects, engineers or consultants;

(iii) the initiation of legal action;

(iv) the making of contracts, leases, agreements,

bonds, notes or covenants;

(v) the approval of requisitions, purchase orders,

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investments and reinvestments; and

(vi) the adoption, amendment, revision or rescission

of rules and regulations, orders or other directives.

(e) Nonliability of members.--Members of the board may not

be held personally liable for the bonds or other obligations of

the authority, and the rights of creditors shall be solely

against the authority. The authority, itself or by contract,

shall defend board members, and the authority shall indemnify

and hold harmless board members, regardless of whether currently

serving as an authority member, against and from personal

liabilities, actions, causes of action and claims made against

the authority for actions performed within the scope of duties

as board members.

§ 17312. Sovereign immunity.

The following apply:

(1) The authority created under this subchapter and its

officers, officials and employees shall have sovereign and

official immunity, as provided in 1 Pa.C.S. § 2310 (relating

to sovereign immunity reaffirmed; specific waiver).

(2) The authority shall remain immune from suit except

as provided by and subject to 42 Pa.C.S. §§ 8501 (relating to

definitions), 8502 (relating to enforcement proceedings),

8521 (relating to sovereign immunity generally), 8522

(relating to exceptions to sovereign immunity), 8523

(relating to venue and process), 8524 (relating to defenses),

8525 (relating to legal assistance), 8526 (relating to

counterclaim by the Commonwealth), 8527 (relating to

indemnity relating to inmate health care) and 8528 (relating

to limitations on damages).

(3) Notwithstanding 42 Pa.C.S. § 8525, the authority

20210SB0831PN1030 - 430 -

shall defend actions brought against the authority and the

authority's officers and employees if acting within the scope

of their official duties.

§ 17313. Money of authority.

(a) Payment to treasurer.--All money of the authority shall

be paid to the treasurer of the authority.

(b) Investment of money.--The board shall invest authority

money consistent with sound business practice.

investment program subject to restrictions contained in this

subchapter, any other applicable statute and rules or

regulations adopted by the board.

(d) Authorized types of investments.--Authorized types of

investments for authority money shall be:

(1) Direct obligations of or obligations guaranteed by

the United States.

(2) A bond, debenture, note, participation certificate

or other similar obligation issued by any one or combination

of the following agencies:

(i) Government National Mortgage Corporation.

(ii) Federal Land Banks.

(iii) Federal Home Loan Banks.

(iv) Federal Intermediate Credit Banks.

(v) Banks for Cooperatives.

(vi) Tennessee Valley Authority.

(vii) United States Postal Service.

(viii) Farmers Home Administration.

(ix) Student Loan Marketing Association.

(x) Export-Import Bank of the United States.

(3) A bond, debenture, note, participation certificate

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or other similar obligation issued by the Federal National

Mortgage Corporation to the extent the obligations are

guaranteed by the Government National Mortgage Corporation or

issued by another Federal agency and backed by the full faith

and credit of the United States.

(4) Deposits in interest-bearing time or demand deposits

or certificates of deposit fully insured by the Federal

Deposit Insurance Corporation or its successors or the

Federal Savings and Loan Insurance Corporation or its

successors or fully secured by any of the obligations

described in paragraphs (1), (2) and (3) to the extent not so

insured.

(5) Repurchase agreements relating to, or investment

agreements secured by or providing for the acquisition of

and, if applicable, the resale of, obligations described in

paragraphs (1), (2), (3) and (4) or obligations of the

Federal Home Loan Mortgage Corporation or the Federal

National Mortgage Association with:

(i) banks or trust companies, which may include a

banking entity or depository;

(ii) brokers or broker-dealers registered under the

Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C.

§§ 78a-78jj) acceptable to the authority; or

(iii) insurance companies rated A+ or better by

Best's and having a net capital and surplus of at least

$25,000,000 or certificates of deposit with banks or

trust companies fully secured as to principal and accrued

interest by obligations described in paragraphs (1), (2),

(3) and (4) deposited with or subject to the control of

the authority.

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(6) Money market deposit accounts of banks or trust

companies having a net capital and surplus of at least

$25,000,000, which may include a banking entity or

depository.

(7) The description of authorized investments under

paragraphs (5) and (6) shall be met only if the agreements

referenced in paragraph (5) or (6) provide for the repayment

of the principal amount invested at an amount not less than

that invested. If security is required under paragraph (4),

(5) or (6), the security shall be deposited with the

treasurer of the authority or be held by a trustee or agent

satisfactory to the authority. Money of the authority shall

be paid out on the warrant or other order of the chairperson

of the authority or other person as the authority may

authorize to execute warrants or orders.

(e) Annual report and audit.--An authority created under

this subchapter shall file an annual report with the Department

of Community and Economic Development, with the county and with

the political subdivision constituting the county seat, which

shall make provisions for the accounting of revenues and

expenses. Authority books, accounts and records shall be audited

annually in accordance with generally accepted auditing

standards by an independent auditor who shall be a certified

public accountant, and a copy of the audit report shall be

attached to and be made a part of the annual report. A concise

financial statement shall be published annually in a newspaper

of general circulation in the county in which the authority is

located.

(f) Power of inspection.--The Attorney General, the Auditor

General, the Secretary of the Budget, the chairperson and

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minority chairperson of the Appropriations Committee of the

Senate and the chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives shall

have the right to examine the books, accounts and records of the

authority.

§ 17314. Transfer of existing facilities or money, making of

annual grants and lease payments to authority.

(a) Authority to transfer.--

(1) A State public body or political subdivision may

sell, lease or sublease from or to, lend, grant, convey or

otherwise transfer or pay over to the authority, with or

without consideration, any of the following:

(i) A convention center or part of a convention

center.

(ii) An interest in property, real, personal or

mixed, tangible or intangible.

(iii) Any money available, needed or obligated for

development, acquisition, design, maintenance,

management, operation, financing, leasing or subleasing,

construction or improvement purposes, including the

proceeds of bonds issued before or after November 3,

1999, for construction or improvement of a convention

center or part of a convention center.

(2) Property, money, a convention center or part of a

convention center received by the authority may be used for

any lawful purpose of the authority.

(3) Nothing in this subchapter or in any other law shall

be deemed to make an authority or person a State-supported or

State-aided institution under any law of this Commonwealth.

(b) Grants authorized.--

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(1) Subject to paragraph (2), the governing bodies of

the county and county seat are authorized to:

(i) Make grants from current revenues to the

authority.

(ii) Assist in defraying the costs of management,

operation, maintenance, financing and debt service of a

convention center or part of a convention center.

(iii) Enter into long-term agreements providing for

payments under subparagraph (i) or (ii).

(iv) Enter into long-term leases or subleases as

lessee or sublessee of all or part of a convention

center.

(2) Obligations of the county and county seat to make

grants, lease or sublease payments to an authority shall not,

even if based on debt obligations of an authority, constitute

debts of the county and county seat within the meaning of any

constitutional or statutory provision and shall be payable

only to the extent that current revenues of the county and

county seat are available.

(3) The county and county seat may issue general

obligation bonds for the purpose of obtaining money for local

contributions pertaining to a convention center or part of a

convention center.

capital costs of constructing a convention center by the

issuance of Commonwealth bonds and notes under Article XIX-B of

the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform

Code of 1971, or under Chapter 3 of the act of February 9, 1999

(P.L.1, No.1), known as the Capital Facilities Debt Enabling

Act. A convention center project undertaken by the authority is

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deemed to be a redevelopment assistance project for which

capital funds of the Commonwealth may be expended under the

provisions of the act of May 20, 1949 (P.L.1633, No.493), known

as the Housing and Redevelopment Assistance Law, and,

notwithstanding any provisions of the Housing and Redevelopment

Assistance Law, the Department of Community and Economic

Development may make capital grants directly to the authority in

furtherance of this subchapter.

§ 17315. Award of contracts.

(a) General rule.--All construction, reconstruction, repairs

or work of any nature made by an authority in which the entire

cost, value or amount of the construction, reconstruction,

repairs or work, including labor and materials, shall exceed

$10,000, except construction, reconstruction, repairs or work

done by employees of the authority or by labor supplied under

agreement with a Federal agency, State public body or political

subdivision, with supplies and materials purchased as provided

under this section, shall be done only under contract or

contracts to be entered into by the authority with the lowest

responsible bidder upon proper terms after due public notice has

been given asking for competitive bids as provided under this

section and in accordance with the following:

(1) The authority shall have the right to reject any or

all bids or select a single item from any bid.

(2) Contracts may not be entered into for construction

or improvement or repair of a project or portion of a project

unless the contractor provides sufficient surety or sureties

approved by the authority in an amount fixed by the authority

for the performance of the contract.

(3) All contracts shall provide that the person or

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corporation entering into the contract with the authority pay

for all materials furnished and services rendered for the

performance of the contract and that a person or corporation

furnishing materials or rendering services may maintain an

action to recover for the same against the obligor in the

undertaking as though the person or corporation was named in

the contract if the action is brought within one year after

the time the cause of action accrued.

(4) Nothing in this section shall be construed to limit

the power of the authority to construct, repair or improve a

project or portion of a project or an addition, betterment or

extension to a project directly by the officers and employees

of the authority.

(5) The authority shall award the construction of a

convention center according to the provisions of the act of

May 1, 1913 (P.L.155, No.104), referred to as the Separations

Act, and shall be subject to 62 Pa.C.S. Pt. I (relating to

Commonwealth procurement code).

(6) Nothing in this section or any other law shall

require the authority to competitively bid architectural

design, engineering or other professional services required

by the authority.

(b) Purchasing of supplies and materials.--All supplies and

materials which cost $10,000 or more to be acquired directly by

the authority shall be purchased only after due advertisement.

The authority shall accept the lowest bid or bids from a

responsible bidder, kind, quality and material being equal, but

the authority shall have the right to reject any bid or select a

single item from a bid. The provisions as to bidding shall not

apply to the purchase of unique supplies and materials or

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supplies and materials which cannot be obtained in the open

market.

law shall preclude the board with the approval of five members

from negotiating contracts for management, operation, concession

services, licensing or leasing of a convention center or any

part of a convention center. The authority may not award a

contract to a manager, operator, concessionaire, licensee,

lessee or lessor which exceeds three years in duration unless

five members of the board approve the awarding of a contract for

a greater period of time.

(d) Local regulation.--The authority and authority

contractors, subcontractors, assignees, lessees, agents, vendors

and suppliers are not subject to county or county seat laws,

ordinances, rules or regulations relating to limits or

preferences with regard to employment, contracting or

procurement in the construction and operation of the convention

center.

(e) Applicability of other acts.--The authority shall be

subject to the act of August 15, 1961 (P.L.987, No.442), known

as the Pennsylvania Prevailing Wage Act, the act of March 3,

1978 (P.L.6, No.3), known as the Steel Products Procurement Act,

and 62 Pa.C.S. Ch. 37 Subch. B (relating to motor vehicles).

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Advertisement." A public notice.

"Public notice." A notice published at least 10 days before

the award of a contract in a newspaper of general circulation

published in the county, which may be waived if the authority

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determines an emergency exists and supplies and materials must

be immediately purchased by the authority.

§ 17316. Interests of public officers, public employees and

party officers.

(a) Management level employees.--

(1) A party officer, public officer, public official or

public employee may not be employed as a management-level

authority employee.

(2) A person convicted of an infamous crime may not be

employed as a management-level employee by the authority.

(b) Other laws applicable.--

(1) The provisions of the act of July 19, 1957

(P.L.1017, No.451), known as the State Adverse Interest Act,

and 65 Pa.C.S. Ch. 11 (relating to ethics standards and

financial disclosure) are made specifically applicable to

board members, officers and employees of the authority. For

the purposes of application of these acts, employees of the

authority shall be regarded as public employees of the

Commonwealth, and officers and board members of the authority

shall be regarded as public officials of the Commonwealth,

regardless of whether the employee, officer or board member

receive compensation.

(2) The authority is subject to the act of February 14,

2008 (P.L.6, No.3), known as the Right-to-Know Law, and 65

Pa.C.S. Ch. 7 (relating to open meetings).

of subsection (b), the following prohibitions shall apply:

(1) A management-level employee or other employee of the

authority may not use the employee's position with the

authority or confidential information received through the

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employee's position with the authority to obtain financial

gain other than compensation provided by law for the

employee, a member of the employee's immediate family or a

business with which the employee is associated. For purposes

of this paragraph, the term "business with which the employee

is associated" shall mean a business in which the employee or

a member of the employee's immediate family is a director,

officer, owner, employee or stockholder.

(2) A person may not offer or give to a management-level

employee or other employee of the authority or a member of

the employee's immediate family or a business with which the

employee is associated, and management-level employees or

other employees of the board may not solicit or accept,

anything of value, including a gift, loan, political

contribution, reward or promise of future employment, based

on an understanding that the vote, official action or

judgment of the employee would be influenced thereby. For

purposes of this paragraph, the term "business with which the

employee is associated" shall mean a business in which the

person or a member of the person's immediate family is a

director, officer, owner, employee or stockholder.

(3) A management-level employee or other employee of the

authority or a member of the employee's immediate family or a

business in which the employee or a member of the employee's

immediate family is a director, officer, owner or stockholder

exceeding 5% of the equity at fair market value of the

business may not enter into a contract valued at $500 or more

to provide goods or services to the authority unless the

contract has been awarded to the lowest responsible bidder

through an open and public process, including prior public

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notice and subsequent public disclosure of all proposals

considered and contracts awarded.

(4) A former management-level employee or other former

employee of the authority may not represent a person, with or

without compensation, on any matter before the authority with

which the employee has been associated for one year after the

employee leaves employment with the authority.

(5) An individual who is a State, county seat or county

public officer or public official or a party officer, a

member of the immediate family of the individual or a

business with which the individual or immediate family member

is associated shall not have a financial interest in a

contract valued at $500 or more to provide goods or services

to the authority either during the time the individual holds

the office or for two years after the individual terminates

the office unless the contract is executed under paragraph

(3). For purposes of this paragraph:

(i) The term "financial interest" does not include

employment by, association with or ownership of a

business association unless the public officer, public

official, party officer or immediate family member owns

shares of stock in the corporation in an amount in excess

of 5% of the total issue of the stock of the corporation

or has an ownership interest in a noncorporate business

association in an amount in excess of 5% of the total

ownership of the noncorporate business association.

(ii) The term "business with which the individual or

immediate family member is associated" shall mean a

business in which the person or a member of the person's

immediate family is a director, officer, owner, employee

20210SB0831PN1030 - 441 -

or holder of stock.

(6) An employee of the authority or an advisor or

consultant to the county seat, the county or the State who

has recommended to the authority which the employee serves

either entering into a contract relating to a convention

center authority or a course of action of which entering into

the contract is an express or implied part may not have an

adverse interest in the contract.

(7) A management-level employee or other employee of the

authority, the county seat, the county or the State may not

influence or attempt to influence the making of or supervise

or in any manner deal with a contract with the authority in

which the employee has an adverse interest.

(8) A management-level employee or other employee of the

authority may not have an adverse interest in a contract with

the authority.

(9) An individual having an adverse interest in a

contract with the authority may not become a management-level

employee or other employee of the authority until the adverse

interest is wholly divested.

(10) A management-level employee or other employee of

the Commonwealth, authority, county seat, or county, except

in the performance of the employee's duties for the

authority, may not, directly or indirectly, represent a

person upon a matter pending before the authority for

remuneration.

(d) Penalties.--

(1) An individual who violates this section shall be

immediately terminated from employment with the authority by

the appropriate individual having the power to terminate and

20210SB0831PN1030 - 442 -

shall be liable to the authority to reimburse the authority

for all compensation received by the employee from the

authority while employed in violation of subsection (a).

(2) An individual who violates subsection (c)(1) or (2)

commits a felony and, upon conviction, shall be sentenced to

pay a fine of not more than $10,000 or to imprisonment for

not more than five years, or both.

(3) An individual who violates subsection (c)(3), (4),

(5), (6), (7), (8), (9) or (10) commits a misdemeanor and,

upon conviction, shall be sentenced to pay a fine of not more

than $1,000 or to imprisonment for not more than one year, or

both.

(4) An individual who obtains financial gain from

violating subsection (c), in addition to any other penalty

provided by law, shall pay into the accounts of the authority

a sum of money equal to three times the financial gain

resulting from the violation.

(5) An individual who violates subsection (c) shall be

barred for a period of five years from engaging in any

business or contract with the authority, the county seat, the

county, the Commonwealth and all political subdivisions of

the Commonwealth.

(6) An employee of the county seat, the county or the

Commonwealth or any political subdivision of the Commonwealth

or a public officer or public official who violates

subsection (c) must automatically forfeit the office or

employment the employee, officer or official holds.

(7) The penalties and sanctions provided by this section

shall supersede any similar penalties and sanctions provided

by 65 Pa.C.S. Ch. 11 and the State Adverse Interest Act.

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(e) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Business." A corporation, partnership, sole proprietorship,

firm, enterprise, franchise, association, organization, self-

employed individual, holding company, joint-stock company,

receivership, trust or any legal entity organized for profit or

as a not-for-profit corporation or organization.

"Immediate family." A parent, spouse, child, brother, sister

or like relative-in-law.

"Infamous crime." A violation and conviction for an offense

which would disqualify an individual from holding public office

pursuant to section 6 of Article II of the Constitution of

Pennsylvania or a conviction for a violation of this section, 18

Pa.C.S. § 4113 (relating to misapplication of entrusted property

and property of government or financial institutions) or 18

Pa.C.S. Ch. 47 (relating to bribery and corrupt influence), 49

(relating to falsification and intimidation), 51 (relating to

obstructing governmental operations) or 53 (relating to abuse of

office) or any other violation of the laws of this Commonwealth

for which an individual has been convicted within the preceding

10 years and which is classified as a felony, and similar

violations of the laws of another state or the Federal

Government.

"Management-level authority employee." The chairperson and

members of the board, counsel employed by the authority, the

executive director of the authority and authority employees with

discretionary powers which may affect the outcome of the

authority's decision in relation to a private corporation or

business or employees who, by virtue of the employee's job

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function, have the ability to influence the outcome of the

decision.

"Party officer." Any of following members or officers of a

political party:

(1) A member of a national committee.

(2) A chairperson, vice chairperson, secretary,

treasurer or counsel of a State committee or member of the

executive committee of a State committee.

(3) A city chairperson or vice chairperson or counsel,

secretary or treasurer of a city committee.

(4) A county chairperson or vice chairperson or counsel,

secretary or treasurer of a county committee.

"Person." A business, individual, corporation, union,

association, firm, partnership, committee, club or other

organization or group of persons.

"Public employee." As follows:

(1) The term includes an individual employed by the

Commonwealth or a political subdivision of the Commonwealth

who is responsible for taking or recommending official action

of a nonministerial nature with regard to:

(i) contracting or procurement;

(ii) administering or monitoring grants or

subsidies;

(iii) planning or zoning;

(iv) inspecting, licensing, regulating or auditing

any person; or

(v) any other official action which has an economic

impact of greater than a de minimis nature on the

interest of any person.

(2) The term does not include individuals who are

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employed by the Commonwealth or a political subdivision of

the Commonwealth in teaching, as distinguished from

administrative duties.

"Public officer." An individual elected to any public office

of the Commonwealth or a political subdivision of the

Commonwealth.

"Public official." An elected or appointed official in the

executive, legislative or judicial branch of the Commonwealth or

a political subdivision of the Commonwealth. The term does not

include any of the following:

(1) Members of advisory boards who have no authority to

expend public money other than reimbursement for personal

expense or to otherwise exercise the power of the

Commonwealth or a political subdivision of the Commonwealth.

(2) An appointed official who receives no compensation

other than reimbursement for actual expenses.

§ 17317. Acquisition of lands.

The authority shall have the power to acquire by purchase

either the fee or a right, title, interest or easement, or any

combination, in land within the county or county seat as the

authority may deem necessary for the purpose mentioned in this

subchapter, except that a convention center constructed pursuant

to the terms of this subchapter must be located in a

redevelopment assistance eligible area.

§ 17318. Use and operation of convention center.

The use and operation of the convention center, including all

parts of a convention center, and the operation of the business

of the authority shall be subject to the rules and regulations

adopted by the authority. The authority is not authorized to

take any action which may impair the security of the obligees of

20210SB0831PN1030 - 446 -

the authority or violate any agreements with the obligees or for

the benefit of the obligees or violate any contracts, leases or

other agreements awarded, made or entered into by the authority.

§ 17319. Limitation of powers.

(a) Commonwealth pledge.--

(1) The Commonwealth pledges to and agrees with any

person, the county, county seat, political subdivision or

Federal agency subscribing to or acquiring the bonds issued

by the authority for the construction or improvement of a

convention center or part of a convention center that the

Commonwealth will not limit or alter the rights vested in the

authority in any manner inconsistent with the obligations to

the bondholders until all bonds issued, together with the

interest, are fully paid and discharged.

(2) The Commonwealth further pledges to and agrees with

any Federal agency that in the event that the Federal agency

constructs or contributes money to construct or improve a

convention center or part of a convention center that the

Commonwealth will not alter or limit the rights and powers of

the authority in any manner which would be inconsistent with

the due performance of any agreements between the authority

and the Federal agency.

(b) Additional Commonwealth pledge.--The Commonwealth

pledges to and agrees with any person that as owner leases or

subleases a convention center or part of a convention center to

or from an authority created under this subchapter that the

Commonwealth will not limit or alter the rights and powers

vested in the authority or otherwise created under this

subchapter in any manner which impairs the obligations of the

authority until all obligations of the authority under the lease

20210SB0831PN1030 - 447 -

or sublease are fully met and discharged.

§ 17320. Exemption from taxation.

The effectuation of the authorized purposes of an authority

shall be in all respects for the benefit of the residents of

this Commonwealth, for the increase of commerce and prosperity

and for the improvement of health and living conditions. Since

an authority, as a public instrumentality of the Commonwealth,

performs essential governmental functions in effectuating these

purposes, the authority shall not be required to pay any taxes

or assessments upon a convention center, or part of a convention

center, or property acquired or used or permitted to be used by

them for these purposes. The bonds issued by an authority, their

transfer and the income from the bonds, including any profits

made on the sale of the bonds, shall be free from State and

local taxation within this Commonwealth. This exemption may not

extend to gift, estate, succession or inheritance taxes or any

other taxes not levied directly on the bonds, the transfer or

the income from the bond, or the realization of profits on the

sale of the bonds.

§ 17321. Lease by authorities.

A convention center or part of a convention center may be

leased or subleased by the authority to and from the county or

county seat, and the county or county seat may enter into leases

or subleases, or both, for this purpose. A lease or sublease may

be made for a specified or unlimited time and on terms and

conditions as may be approved by the county or county seat and

agreed to by the authority in conformity with the authority's

contracts with the holders of any bonds.

§ 17322. Cooperation.

(a) General rule.--The following shall apply:

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(1) For the purpose of aiding and cooperating with the

authority and in the planning, acquisition, clearance,

relocation, development, design, construction,

rehabilitation, leasing, subleasing, alteration, expansion,

financing, improvement, management or operation of a

convention center or part of a convention center, any State

public body or political subdivision or the county or county

seat may, upon terms, with or without consideration:

(i) Dedicate, sell, convey, lease or otherwise

transfer property or any interest therein, real, personal

or mixed, tangible or intangible, to the authority.

(ii) Cause parking, recreational or community

facilities or any other works, which it is otherwise

empowered to undertake, to be furnished in or adjacent to

any area selected for a convention center or part of a

convention center.

(iii) Furnish, dedicate, close, pave, install,

grade, regrade, plan or replan streets, roads, roadways,

alleys, sidewalks or other places which it is otherwise

empowered to do.

(iv) Enter into agreements, extending over any

period, with the authority or with the Federal Government

pertaining to an action to be taken by a State public

body under this section.

(v) Aid and cooperate in the development,

acquisition, design, construction, improvement,

maintenance, management, operation, furnishing,

fixturing, equipping, repairing, financing, owning,

leasing and subleasing of a convention center or part of

a convention center.

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(vi) In connection with public improvements made by

a State public body, political subdivision, county or the

county seat, in exercising the powers granted, incur the

entire expense.

(2) The Secretary of General Services is authorized,

with the approval of the Governor and Attorney General, to

execute and deliver, on behalf of the Commonwealth,

conveyances, deeds and leases authorized under this

subchapter.

(b) Contract.--In connection with a convention center or

part of a convention center, the county or county seat may

contract with the authority or the Federal Government with

respect to sums which the authority or the Federal Government

may agree to pay during any year or period of years to the

county or county seat for the improvements, services and

facilities to be provided by it for the benefit of the

authority, convention center or part of a convention center, or

the persons occupying the area. The absence of a contract for

these payments shall not relieve the county or county seat from

the duty to furnish for the benefit of the authority, convention

center or part of a convention center, or the persons occupying

the area, customary improvements and services and facilities as

the county or county seat usually furnishes without a service

fee.

written agreement, designate the authority as its agent within

the authority's field of operation to perform any specified

activity or to administer any specified program which the

Commonwealth, county or county seat is authorized by law to do,

except that any activity or program shall be in furtherance of

20210SB0831PN1030 - 450 -

the public purposes specified in this chapter. The activities

may include development, acquisition, design, construction,

improvement, maintenance, leasing, management or operation of a

convention center.

(d) Powers.--The powers conferred by this section shall be

in addition and supplemental to the powers conferred by any

other law.

§ 17323. Hotel room rental tax.

(a) Imposition.--The county in which a convention center is

located may impose an excise tax on the consideration received

by each operator of a hotel within the market area from each

transaction of renting a room or rooms to accommodate

transients. The tax shall be collected by the operator from the

patron of the room and paid over to the county under subsection

(e) and shall be known as the Hotel Room Rental Tax.

(b) Rate.--The rate of tax imposed under this section by the

county in which the convention center is located may not exceed

5%.

imposed under this section shall be annually deposited in the

special fund required under subsection (d) for the use of the

authority for convention center purposes. Twenty percent of the

revenues received from taxes imposed under this section shall be

deposited within 30 days of collection into the tourist

promotion agency fund required under subsection (d) until

disbursed as provided below.

(d) Collection.--The following shall apply:

(1) The treasurer of each county electing to impose the

tax authorized under this section is directed to collect the

tax and:

20210SB0831PN1030 - 451 -

(i) to deposit 80% of the revenues received from the

tax in special funds established for purposes in this

section; and

(ii) to deposit 20% of the revenues received by the

tax in the tourist promotion agency fund until disbursed

under subsection (g).

(2) Interest on money deposited in the funds shall

accrue proportionately to the respective funds as provided in

this section. The treasurer may establish rules and

regulations concerning the collection of the tax, which

collection shall occur not more than monthly nor less than

quarterly.

(e) Expenditures.--Expenditures from the fund established

under subsection (d) for the authority shall be used by the

authority for the following purposes:

(1) Projected annual debt service or lease payments of

the convention center authority.

(2) Costs associated with financing, constructing,

improving, maintaining, furnishing, fixturing and equipping

the convention center.

(3) Costs associated with the development of the

convention center, including design, engineering and

feasibility costs.

(4) Costs associated with the operation and management

of the convention center.

(5) Costs associated with promoting, marketing and

encouraging the use of the convention center.

(6) General purposes of the convention center.

(f) Security.--If and to the extent that the authority

pledges its share of the proceeds of the tax authorized by this

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section as security for the payment of bonds issued by the

authority for convention center purposes, the Commonwealth

pledges to and agrees with any person, firm or corporation

subscribing to or acquiring bonds to be issued by the authority

for convention center purposes that the Commonwealth will not,

nor will it authorize a county to, reduce the rate of tax

imposed for convention center purposes until all bonds secured

by the pledge of the authority, together with interest, are

fully met and discharged.

(g) Tourist promotion agency.--

(1) If default has not occurred or is continuing with

respect to any bonds, notes or other indebtedness of an

authority incurred to finance the construction of a

convention center, revenues received from the tax deposited

into the tourist promotion agency fund required under

subsection (d) shall be disbursed by each county to the

tourist promotion agency within 10 days of receipt.

(2) The county shall have no obligation to invest any

money deposited into the tourist promotion agency fund.

(h) Tax year.--Each tax year for any tax imposed under this

section shall run concurrently with the county's fiscal year.

(i) Report.--An audited report on the income and

expenditures incurred by a tourist promotion agency receiving

revenue from the tax authorized under this section shall be

submitted annually by the tourist promotion agency to the county

commissioners.

(j) Expiration.--The tax levied under this section shall

expire when all bonds issued by a county under this subdivision

have been fully met and discharged.

(k) Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property of any kind or nature or other payment

received by operators in exchange for or in consideration of the

use or occupancy by a transient of a room or rooms in a hotel

for a temporary period.

"Convention center."

(1) Any land, improvement, structure, building or

property interest, whether owned by or leased by or to or

otherwise acquired by an existing authority, appropriate for

any of the following:

(i) Large public assemblies.

(ii) Holding of conventions, conferences, trade

exhibitions and other business.

(iii) Social, cultural, scientific and public

interest events.

(2) All facilities, furniture, fixtures and equipment

necessary or incident to any item listed in paragraph (1),

including meeting rooms, dining rooms, kitchens, ballrooms,

reception areas, registration and prefunction areas, truck

loading areas, including access, accessways, common areas,

lobbies, offices and areas appurtenant to any of the

preceding, together referred to as the main convention area,

and also including other buildings, structures or facilities

for use in conjunction with the foregoing, including, but not

limited to, provision for off-street parking, retail areas

and other improvements related to the center owned by or

leased by or to an existing authority for the purpose of

producing revenues to assist in defraying the costs or

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expenses of the convention center.

"Hotel." As follows:

(1) A hotel, motel, inn, guesthouse or other building

located within the market area which holds itself out by any

means, including advertising, license, registration with an

innkeeper's group, convention listing association, travel

publication or similar association or with a government

agency, as being available to provide overnight lodging or

use of facility space for consideration to persons seeking

temporary accommodation. The term includes:

(i) A place which advertises to the general public

or a segment of the general public that it will provide

beds, sanitary facilities or other space for a temporary

period to members of the general public.

(ii) A place recognized as a hostelry, provided that

portions of a facility which are devoted to persons who

have established permanent residence shall not be

included in this definition.

(2) The term does not include a bed and breakfast

homestead or inn as defined in 3 Pa.C.S. § 5702 (relating to

definitions).

"Market area." As follows:

(1) With respect to a county in which there is more than

one city of the third class, the entire county.

(2) With respect to a county in which there is only one

city of the third class, one of the following:

(i) The city and the area within the county which is

not more than 15 miles from the site of the convention

center.

(ii) The city and the area within the county which,

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as determined by the board of county commissioners

imposing the tax, derives a material benefit from the

existence of the convention center within the county. The

owner of a hotel affected by a determination by the board

under this subparagraph may challenge the determination

by filing a petition in the court of common pleas in the

judicial district in which the determination was made.

"Occupancy." The use or possession, or the right to the use

or possession, by an individual other than a permanent resident

of a room in a hotel for any purpose or the right to the use or

possession of the furnishings or to the services accompanying

the use and possession of the room.

"Operator." Any individual, partnership, nonprofit or

profit-making association or corporation or other person or

group of persons that maintain, operate, manage, own, have

custody of or otherwise possess the right to rent or lease

overnight accommodations in a hotel to the public for

consideration.

"Patron." An individual who pays the consideration for the

occupancy of a room or rooms in a hotel.

"Permanent resident." An individual who has occupied or has

the right to occupy a room or rooms in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Room." A space in a hotel set aside for use and occupancy

by patrons, or otherwise, for consideration, having at least one

bed or other sleeping accommodations provided therein.

"Temporary." A period of time not exceeding 30 consecutive

days.

"Tourist promotion agency." The agency designated by the

governing body of a county or county seat in which the

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convention center is located to be eligible for grants from the

Department of Community and Economic Development under the act

of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion

Act.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration emanates to the operator under an express or

an implied contract.

"Transient." An individual who obtains an accommodation in

any hotel by means of registering at the facility for the

temporary occupancy of a room for the personal use of that

individual by paying to the operator of the facility a fee.

SUBCHAPTER B

THIRD CLASS COUNTY CONVENTION CENTER AUTHORITIES,

ALTERNATIVE PROVISIONS

Sec.

17331. Scope of subchapter.

17332. Findings, declaration of policy and scope.

17333. Definitions.

17334. Authority creation.

17335. Purpose and powers of authorities.

17336. Capital and operating budgets.

17337. Authority to issue bonds.

17338. Provisions of bonds, trusts, indentures and mortgages.

17339. Remedies of obligee of authority.

17340. Additional remedies conferrable by authority.

17341. Governing board.

17342. Sovereign immunity.

17343. Money of authority.

17344. Transfer of existing facilities or money and making of

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annual grants and lease payments to authority.

17345. Award of contracts.

17346. Interests of public officers, public employees and party

officers.

17347. Use and operation of convention center facilities.

17348. Limitation of powers.

17349. Exemption from taxation.

17350. Lease by authorities.

17351. Cooperation.

17352. Hotel room rental tax.

17353. Construction.

§ 17331. Scope of subchapter.

This subchapter relates to third class county convention

center authorities, alternative provisions.

§ 17332. Findings, declaration of policy and scope.

(a) Findings.--It is determined and declared that:

(1) The health, safety and general welfare of the people

of this Commonwealth are directly dependent upon the

continual encouragement, development, growth and expansion of

business, industry, commerce and tourism within this

Commonwealth.

(2) Unemployment, the spread of indigence and the heavy

burden of public assistance and unemployment compensation can

be avoided by the promotion, attraction, stimulation,

development and expansion of business, industry, commerce and

tourism in this Commonwealth.

(3) Development of convention centers is appropriate

within a third class county and the attraction of business to

this Commonwealth as a result of such development is an

important factor in the continual encouragement, promotion,

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attraction, stimulation, development, growth and expansion of

business, industry, commerce and tourism within the county

seat, the surrounding municipalities and this Commonwealth as

a whole.

(4) The purpose of a convention center should be the

promotion, attraction, stimulation, development and expansion

of business, industry, commerce and tourism in the county

seat, the surrounding municipalities and this Commonwealth as

a whole.

(5) The development of a convention center will provide

benefits to the hotel industry throughout the entire area of

the county in which the center is developed.

(6) The development of a convention center will also

provide benefits to the restaurant and entertainment

industries throughout the entire county in which the center

is located, to all other businesses and individuals benefited

by the attraction of major conventions and tourists, to other

individual businesses whose livelihood is dependent on major

conventions and tourists and to the general public.

(7) The need for and promotion of the type of facility

which will provide significant benefits to the general public

will require the expenditure of public money and that it is

therefore appropriate to authorize a county to impose and

collect a tax applicable within the entire territorial limits

of the county to facilitate the development of a convention

facility and the promotion of tourism within the county.

(8) To promote the development of convention centers

within this Commonwealth, it is necessary to provide

additional and flexible means of developing, constructing,

designing, managing, financing and operating convention

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centers.

(9) An important aspect of the development of convention

centers should be the removal and redevelopment of blighted

areas.

(b) Declaration of policy.--It is declared to be the policy

of the Commonwealth to promote the health, safety, employment,

business opportunities and general welfare of the people of this

Commonwealth by providing for the creation of third class county

convention center authorities which exist and operate as public

instrumentalities of the Commonwealth for the public purpose of

promoting, attracting, stimulating, developing and expanding

business, industry, commerce and tourism in this Commonwealth.

The purpose is declared to be a public purpose supporting the

enactment of this subchapter for which public money may be spent

and taxes may be imposed.

(1) This subchapter shall apply to counties of the third

class.

(2) This subchapter may not apply to:

(i) A county which has created, either individually

or jointly with its county seat, a third class county

convention center authority under this subchapter or the

former act of December 27, 1994 (P.L.1375, No.162), known

as the Third Class County Convention Center Authority

Act, prior to January 1, 2000.

(ii) A county which is served, together with one or

more other counties, by a joint planning commission.

(d) Option.--The following shall apply:

(1) A county which has created, either individually or

jointly with its county seat, a third class county convention

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center authority under Subchapter A after January 1, 2000,

may opt to have the authority treated as having been

organized under the provisions of this subchapter. The option

shall be exercised by the adoption of a resolution by the

governing body of the county. The exercise of the option

under this paragraph may not be revoked.

(2) If an authority is organized under paragraph (1),

the following transitional provisions shall apply to the

authority, the county, the county seat, State public bodies

and political subdivisions:

(i) all acts of the authority shall be considered

granted under the authority of this subchapter,

regardless of whether the acts were taken prior to or

after December 18, 2000;

(ii) all acts of the county and, if applicable, the

county seat in organizing the authority shall be

considered granted under the authority of this

subchapter, regardless of whether the acts were taken

prior to or after December 18, 2000;

(iii) all acts of the county taken or purported to

be taken under the authority of Subchapter A, including

the enactment of a hotel room rental tax, shall be

considered granted under the authority of this

subchapter, regardless of whether the acts were taken

prior to or after December 18, 2000; and

(v) all acts with respect to the authority of a

State public body or a political subdivision taken or

purported to be taken under the authority of Subchapter

A, including the transfer of existing convention center

facilities to the authority and the funding of a

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convention center project as a redevelopment assistance

project by the Commonwealth, shall be considered granted

under the authority of this subchapter, regardless of

whether the acts were taken prior to or after December

18, 2000.

(3) If an authority is organized under paragraph (1),

all acts taken or purported to be taken by the county, the

county seat, the authority and State public body or any

political subdivision under the authority of Subchapter A are

ratified and affirmed in their entirety, regardless of

whether the acts were taken prior to or after December 18,

2000.

(4) If an authority is organized under paragraph (1),

the members of the board of the authority shall continue in

office and shall be treated as if they had been appointed

under this subchapter.

§ 17333. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Authority." An agency and public instrumentality of the

Commonwealth and a body politic and corporate created under this

subchapter.

"Board." The governing body of an authority.

"Bonds." Notes, bonds, refunding notes and bonds, interim

certificates, debentures and other evidence of indebtedness or

obligations which the authority may issue.

"Construct." The acquisition, design, erection, extension,

renovation, rehabilitation, conversion, furnishing, fixturing,

equipping, enlargement or substantial repair of a convention

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center or part of a convention center and activities

substantially related to the acquisition, design, erection,

extension, renovation, rehabilitation, conversion, furnishing,

fixturing, equipping, enlargement or substantial repair of a

convention center or part of a convention center.

"Convention center." The following:

(1) Any land, improvement, structure or building or

property interest, whether owned or acquired by or leased by

or to an authority, appropriate for any of the following:

(i) Large public assemblies.

(ii) Holding of conventions, conferences, trade

exhibitions and other business.

(iii) Social, cultural, scientific, sports,

recreational, artistic and public interest events.

(iv) Performances and exhibitions.

(2) Facilities, furniture, fixtures and equipment

necessary or incident to an item listed under paragraph (1),

including, but not limited to:

(i) hotels, including meeting rooms, dining rooms,

kitchens, ballrooms, reception areas, registration and

prefunction areas, locker rooms, practice areas and

equipment, training areas and equipment and truck loading

areas, including access to the truck loading areas;

(ii) accessways, including tunnels, overhead

walkways, escalators, elevators and other connections to

nearby or adjoining buildings or facilities, regardless

of whether the buildings or facilities constitute

convention center facilities or are owned or controlled

by the authority;

(iii) common areas, lobbies, offices and areas

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appurtenant to any of the items listed under this

paragraph; and

(iv) other land, buildings, structures or facilities

for use or planned for use in conjunction with the items

listed under this paragraph, including, but not limited

to, landscaping, buffer areas, off-street parking, retail

areas and other improvements related to a convention

center facility owned by or leased by of to an authority,

regardless of whether the improvements are for the

purpose of producing revenues to assist in defraying the

costs or expenses of the convention center facility.

"Cost of a project." The following:

(1) All or any part of the cost of construction,

acquisition, alteration, enlargement, furnishing, fixturing

and equipping, reconstruction and rehabilitation of a

convention center project.

(2) An item listed under paragraph (1) shall include the

cost of:

(i) all lands, structures, real or personal

property, rights, rights-of-way, roads, franchises,

easements and interests acquired or used for or in

connection with a project;

(ii) demolishing or removing buildings or structures

on land acquired, including the cost of acquiring lands

to which the buildings or structures may be moved or

located;

(iii) all utility lines;

(iv) structures or equipment;

(v) charges and interest prior to, during and after

completion of construction and acquisition;

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(vi) provisions for reserves for principal and

interest and for extensions, enlargements, additions and

improvements;

(vii) architectural, engineering, financial and

legal services;

(viii) plans, specifications, studies, surveys,

estimates of cost and revenues;

(ix) expenses necessary or incident to determining

the feasibility or practicability of constructing the

project;

(x) other capital cost or expense as may be

necessary or incident to the construction, development

and acquisition of the project; and

(xi) the financing of construction, development and

acquisition and the placing of the project in operation,

including, without limitation, a proper allowance for

contingencies and the provision of reasonable initial

working capital for operating the project.

"County." 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 subchapter.

"Obligee." A bondholder or a trustee for a bondholder party

to a contract with the authority.

"Political subdivision." A governmental body other than

State public body or a Federal agency. The term includes a

county, city, borough, township, school district, municipal

authority, transit authority, parking authority or other

authority of any type.

"Project." A site, building, structure, equipment,

furnishing and other facilities or undertaking in respect of a

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convention center facility which the authority may acquire,

construct, improve, install, maintain or operate under the

provisions of this subchapter.

"State public body." The Commonwealth and its executive,

administrative and independent agencies, departments, officers,

boards, authorities, commissions and instrumentalities.

"Substantial completion." Construction that is sufficiently

completed in accordance with contract documents and certified by

the convention center authority's architect or engineer, as

modified by change orders so that any project being constructed

by the convention center authority can be used, occupied or

operated for its intended use. In no event shall a project be

certified as substantially complete until at least 90% of the

work on the project area is completed.

§ 17334. Authority creation.

(a) General rule.--The following shall apply:

(1) The governing bodies of a third class county and the

political subdivision constituting the county seat or the

county acting alone may create a body corporate and politic

to be named the ....... County Convention Center Authority to

be created as a public authority and government

instrumentality to have continuing succession until its

existence shall be terminated by law.

(2) If any part of the convention center facilities

constructed by an authority created under this subchapter

shall be located within the jurisdictional limits of the

county seat of the county, the authority shall be a joint

authority of the county and the county seat. If the

convention center facilities of an authority are located

entirely outside the jurisdictional limits of the county seat

20210SB0831PN1030 - 466 -

of the county, the authority may be created solely by the

county.

(3) The exercise by the authority of the powers

conferred by this subchapter is declared to be an essential

public function.

(b) Adoption.--An authority shall be created by an

ordinance, or equivalent enactment, adopted by the county or,

for a joint authority, ordinances, or equivalent enactments,

adopted by the county and the county seat providing that an

authority is created under this subchapter and specifying the

articles of incorporation of the authority. The articles of

incorporation shall be filed by the county with the Secretary of

the Commonwealth, who shall issue a certificate of incorporation

to the authority. The authority shall be deemed to come into

existence on the later of the following dates:

(1) the date on which the ordinance is enacted, or, for

a joint authority, on the date that the second ordinance is

enacted; or

(2) a later date as may be specified in the articles of

incorporation.

may only be amended in the manner specified above for the

adoption of articles of incorporation and may not:

(1) impair the rights or security of any creditors of

the authority or any party contracting with the authority; or

(2) be inconsistent with the provisions of this

subchapter.

§ 17335. Purpose and powers of authorities.

(a) Purposes.--An authority created under this subchapter

shall be a public body, corporate and politic, exercising public

20210SB0831PN1030 - 467 -

powers of the Commonwealth as an agency and instrumentality and

shall be for the purpose by itself or by agreement in

cooperation with others, of acquiring, holding, developing,

designing, constructing, improving, maintaining, managing,

operating, financing, furnishing, fixturing, equipping,

repairing, leasing or subleasing, either in the capacity of

lessor or lessee or sublessor or sublessee, and owning

convention centers or parts of convention centers. The

convention centers shall not be required to comprise a single,

integrated complex but may be located at one or more locations

within the county and may function independently of one another.

(b) Powers.--The authority is granted all powers necessary

or convenient for carrying out the purposes in subsection (a),

including, without limiting the generality of the foregoing, the

right and power to:

(1) Have continuing succession.

(2) Sue and be sued, implead and be impleaded, complain

and defend in all courts.

(3) Adopt, use and alter at will a corporate seal.

(4) Acquire by gift or otherwise, purchase, hold,

receive, lease, sublease and use a license, franchise or

property, real, personal or mixed, tangible or intangible, or

any interest therein, including convention center facilities,

or parts thereof, and to assume any obligations associated

therewith, including leases, concession agreements,

indebtedness and other contractual obligations which the

authority deems necessary to accomplish the purpose of this

subchapter.

(5) Sell, transfer or dispose of property or an interest

in the property with adequate and fair consideration.

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(6) Acquire, hold, develop, design, construct, improve,

maintain, manage, operate, furnish, fixture, equip, repair,

own, lease or sublease convention centers, or parts of

convention centers, and to make, enter into and award

contracts with any person, association, partnership or

corporation for the development, design, financing,

construction, improvement, maintenance, operation,

management, furnishing, fixturing, equipping and repair of

convention centers or parts of convention centers.

(7) Make bylaws for the management and regulation of

authority affairs and issue rules, regulations and policies

in connection with the performance of its functions and

duties.

(8) Appoint officers, agents, employees and servants, to

prescribe their duties and to fix compensation.

(9) Fix, alter, charge and collect rentals, admissions,

license fees and other charges.

(10) Do the following:

(i) Borrow money for the purpose of paying the costs

of a project and to evidence the same.

(ii) Make and issue negotiable bonds of the

authority.

(iii) Secure payment of the bonds or any part of a

bond, by pledge or deed of trust of authority revenues,

including any hotel room rental tax, rentals, receipts

and contract rights.

(iv) Make agreements with the purchasers or holders

of the bonds or with other obligees of the authority in

connection with the bonds, whether issued or to be

issued, as the authority shall deem advisable, which

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agreements shall constitute contracts with the holders or

purchasers.

(v) Obtain credit enhancement or liquidity

facilities in connection with the bonds as the authority

determines advantageous.

(vi) In general, provide for the security of the

bonds and the rights of the bondholders.

(11) Make, enter into and award contracts and to execute

all instruments necessary or convenient for the carrying out

of its business.

(12) Borrow money and accept grants and to enter into

contracts, leases, subleases, licenses or other transactions

with a Federal agency, State public body, political

subdivision, person, association, partnership or corporation.

(13) Pledge, hypothecate or otherwise encumber authority

property, real, personal or mixed, tangible or intangible,

and its revenues or receipts, including interest the

authority may have in a lease or sublease of convention

centers or parts of convention centers.

(14) Procure insurance containing coverages, including,

insurance covering the timely payment in full of principal of

and interest on bonds of the authority, in amounts and from

insurers as the authority determines necessary or desirable.

(15) Invest authority money.

(16) Cooperate with a Federal agency, State public body

or political subdivision.

(17) Invest money held in reserve or sinking funds or

money not required for immediate disbursements as authorized

by section 17343(d) (relating to money of authority).

(18) Appoint all officers, agents and employees required

20210SB0831PN1030 - 470 -

for the performance of its duties and compensation and retain

or employ other agents or consultants, including architects,

auditors, engineers, private legal counsel and private

consultants, on a contract basis or otherwise for rendering

professional or technical services and advice.

(19) Enroll authority employees in an existing

retirement system of the State, county, city or other

governmental entity.

(20) Appoint and fix the compensation of chief counsel

and assistant counsel to provide the authority with legal

assistance, and the authority, through counsel, shall defend

actions brought against the authority and authority officers

and employees if acting within the scope of official duties.

(21) Maintain an office in the county seat.

(22) Appoint an executive director, who shall:

(i) be the chief executive officer of the authority;

(ii) devote his or her full time during business

hours to the duties of the office; and

(iii) receive compensation as the board shall

determine.

(23) Make grants to the county in accordance with the

provisions of subsection (e).

(24) Do all acts and things necessary or convenient for

the promotion of its purposes and the general welfare of the

authority and to carry out the powers granted to the

authority by this subchapter or any other act.

(1) The authority shall have no power to pledge the

credit or taxing powers of a State public body, a political

subdivision or the county, nor shall authority obligations be

20210SB0831PN1030 - 471 -

deemed obligations of any State public body, a political

subdivision or the county and a State public body, a

political subdivision or the county shall not be liable for

the payment of principal or interest on such obligations.

(2) The authority shall have no power of eminent domain.

(d) Affirmative action plan.--The authority shall develop

and implement an affirmative action plan to assure that all

individuals are accorded equality of opportunity in employment

and contracting by the authority and authority contractors,

subcontractors, assignees, lessees, agents, vendors and

suppliers.

(e) Grants.--The following apply:

(1) The authority shall have the power to make grants to

the county for the financial support of regional assets

located within the county. Grants made under this subsection

shall be included in the capital budget adopted by the

authority under section 17336(a) (relating to capital and

operating budgets) and may only be made if the authority

finds, by resolution adopted by a majority vote of authority

members, that the making of such grants shall not adversely

affect the short-term or long-term capital, operational or

financial needs of the authority or otherwise impair the

ability of the authority to meet any contractual or legal

obligations of the authority, including obligations owed to

bondholders issued by the authority. Grants made under the

authority of this paragraph:

(i) may not obligate money of the authority beyond a

single fiscal year of the authority;

(ii) shall be payable to the county in a single lump

sum or in installments during the fiscal year in

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question, as determined by the authority; and

(iii) may be rescinded or reduced by the authority

if the authority, prior to payment of the grant,

determines that the current or projected financial needs

of the authority require reduction or rescission of the

grant.

(2) Grants received by the county from the authority

under paragraph (1) shall be deposited into a segregated

account identified as the regional asset fund. The regional

asset fund shall be used by the county solely for the purpose

of making grants of financial support to regional assets

located within the county in accordance with and subject to

the limitations of this subsection. Money deposited into the

regional asset fund shall be invested only in those types of

investments in which a county of the third class may invest

general money of the county under applicable law. Earnings on

the investments shall become a part of the regional asset

fund and may not be used for purposes other than those

permitted under this subsection. The county shall not be

required to disburse all of the money in the regional asset

fund during a particular fiscal year but may accumulate money

within the regional asset fund if the county determines that

the accumulation of the money, in whole or in part, is

appropriate for the effective and efficient long-term funding

of regional assets.

(3) The county shall have the authority to make grants

of financial support for regional assets from the regional

asset fund established under paragraph (2). Grants made by

the county from the regional asset fund shall be subject to

all of the following terms, conditions and limitations:

20210SB0831PN1030 - 473 -

(i) grants may only be made to:

(A) political subdivisions located within the

county; and

(B) organizations which have been determined by

the Internal Revenue Service to be organizations

described in section 501(c)(3) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

501(c)(3)) or any successor provision of law;

(ii) grants may only be made for the purpose of

supporting a specific regional asset located within the

county and which is owned by the grantee or for which the

grantee has operational and financial responsibility;

(iii) grants may only be made pursuant to written

grant agreements and executed by authorized officers of

the county and the grantee, specifying the terms and

conditions of the grant;

(iv) the grant agreement shall describe, with

specificity, the purpose for which the grant is being

made;

(v) the grant agreement shall set forth other terms

and conditions as the county may prescribe, including

requirements with respect to matching funds and continued

financial support of the grantee for the regional asset

with respect to which the grant is being made; and

(vi) no grant may obligate money from the regional

asset fund beyond a single 12-month period.

(4) For purposes of this subsection, the term "regional

asset" means a civic, recreational, sports or cultural

facility, including zoos, museums and performing arts

facilities, function or activity which is owned or provided

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by a political subdivision or section 501(c)(3) of the

Internal Revenue Code of 1986 organization, or with respect

to which a political subdivision or section 501(c)(3) of the

Internal Revenue Code of 1986 organization has operational

and financial responsibility. Notwithstanding the foregoing,

the following may not be considered regional assets:

(i) a health care facility;

(ii) an institution which predominantly provides

elementary, secondary or higher education or other

training;

(iii) a Federal or State park;

(iv) an airport or public transportation system or

facility;

(v) a library;

(vi) a paid or volunteer public safety organization

and facility;

(vii) an authority created under this subchapter,

and any facilities owned or operated by such an

authority; or

(viii) an asset which fails to serve a significant

number of individuals who are not residents of the city,

borough or township within which the asset is located.

(5) The county shall have the authority to prescribe

reasonable rules, regulations and procedures for:

(i) the administration of the regional asset fund

and the segregated account in which the regional asset

fund is deposited;

(ii) the making of grants from the regional asset

fund; and

(iii) the administration of grants made from the

20210SB0831PN1030 - 475 -

regional asset money.

(f) Naming or designation revenue.--Net revenues received

from the sale of rights for the naming or designation of a

convention center or part of a convention center shall be

allocated as follows:

(1) Fifty percent of revenues shall be distributed to

the county for deposit into a segregated account identified

as the regional asset fund, to be utilized as provided in

subsection (e)(3).

(2) Fifty percent of revenues shall be retained by the

convention center authority established under this

subchapter.

(g) Application.--Subsection (f) may not apply to a sale of

rights occurring prior to the enactment of this subchapter.

Revenues from the sale of naming rights for items of a de

minimis nature, including the sale of plaques, individualized

bricks or furniture, may not be subject to allocation under this

section.

§ 17336. Capital and operating budgets.

(a) Capital budget.--At least 90 days before the commencing

of the ensuing fiscal year of the authority, a recommended

capital budget shall be prepared and submitted to the board. The

capital budget shall show in detail the capital expenditures to

be made or incurred in the next fiscal year which are to be

financed from money subject to control or appropriation by the

board. For each separate purpose, project, facility or other

property, the amount and the source of the money that has been

spent, encumbered or is intended to be spent or encumbered

during the fiscal year shall be shown. No later than the date of

the adoption of the annual operating budget, the board shall by

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a majority vote of its members adopt a capital budget.

(b) Operating budget.--At least 90 days before the

commencing of the ensuing fiscal year of the authority, a

recommended operating budget shall be prepared and submitted to

the board. The operating budget shall be prepared with the aid

of the governing bodies of the county and county seat. In the

event that the operating budget is not in form and detail

satisfactory to the governing body, the governing body may

require that the operating budget be redrafted and resubmitted,

and the governing body shall not be considered to be in receipt

of the operating budget or any amendments unless the form and

detail is to the governing body's satisfaction. The operating

budget shall set forth the estimated receipts and revenues of

the authority during the next fiscal year. The board shall, at

least 30 days before the end of the fiscal year, adopt by a

majority vote of its members an operating budget for the next

fiscal year.

§ 17337. Authority to issue bonds.

(a) Bonds generally.--The bonds of an authority created

under this subchapter and authorized to be issued:

(1) Shall be authorized by resolution of the board of

the authority and shall be of a series, bear a date, mature

at a time not exceeding 40 years from the respective date,

bear interest at a rate as shall be determined by the board

as necessary to issue and sell the authorized bonds, be in

denominations, be in a form, either coupon or fully

registered without coupons, carry registration,

exchangeability and interchangeability privileges, be payable

in a medium of payment and at a place, be subject to terms of

redemption and be entitled to priorities in the revenues or

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receipts of the authority as the resolution may provide.

(2) Shall be signed by or shall bear the facsimile

signatures of officers as the authority shall determine, and

coupon bonds shall have interest coupons bearing the

facsimile signature of the treasurer of the authority

attached to the bond, and all bonds shall be authenticated by

an authenticating agent, fiscal agent or trustee, as may be

prescribed in the resolution.

(3) May be issued and delivered regardless of whether

one or more of the officers who signed the bonds or the

treasurer who, by facsimile, signed the coupon are not

officers when the bonds are delivered.

(b) Sale.--The bonds may be sold at public sale or private

negotiated sale for a price or prices and at a rate of interest

as the authority determines. Pending the preparation of the

definitive bonds, interim receipts may be issued to the

purchaser or purchasers of the bonds and may contain terms and

conditions as the authority may determine.

qualities of negotiable instruments under 13 Pa.C.S. (relating

to commercial code).

(d) Proceeds.--The net proceeds of the issuance of bonds or

notes may be used to pay the costs of a project or to reimburse

costs initially paid by a State public body, the county, another

political subdivision, an agency, an organization or an

individual.

(e) Refund.--The following apply:

(1) Subject to the provisions of the outstanding bonds,

notes or other obligations and subject to the provisions of

this subchapter, the authority shall have the right and power

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to refund outstanding debt, in whole or in part, at any time

and shall have the right and power to refund outstanding

notes with bonds or bonds with notes.

(2) As used in this subsection, the term "refund" means

the issuance and sale of obligations the proceeds of which

are used or are to be used for the payment or redemption of

outstanding obligations upon or prior to maturity.

§ 17338. Provisions of bonds, trusts, indentures and mortgages.

In connection with the issuance of bonds or the incurring of

obligations under leases and in order to secure the payment of

such bonds and obligations, the authority, in addition to other

powers, shall have the power to:

(1) Pledge all or part of the gross or net revenues of

the authority to which its right exists or may thereafter

exist.

(2) Mortgage all or part of authority real or personal

property owned or acquired.

(3) Do the following:

(i) Covenant against pledging all or part of the

authority's revenues or against mortgaging all or part of

authority real or personal property to which the right or

title exists or may thereafter exist or against

permitting or suffering a lien on the revenues or

property.

(ii) Covenant with respect to limitations on the

authority's right to sell, lease or otherwise dispose of

real property.

(iii) Covenant as to what other or additional debts

or obligations may be incurred by it.

(4) Do the following:

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(i) Covenant as to the bonds to be issued and as to

the issuance of the bonds, in escrow or otherwise, and as

to the use and disposition of the proceeds.

(ii) Provide for the replacement of lost, destroyed

or mutilated bonds.

(iii) Covenant against extending the time for the

payment of authority bonds or interest.

(iv) Redeem the bonds and to covenant for and

provide the terms and conditions for bond redemption.

(5) Do the following:

(i) Covenant as to the amount and the use and

disposition of revenues to be raised each year or other

period of time by the authority.

(ii) Create or authorize the creation of special

funds for debt service or other purposes.

(iii) Covenant as to the use and disposition of the

money held in funds under subparagraph (ii).

(6) Prescribe the procedure, if any, by which the terms

of a contract with bondholders may be amended or abrogated,

the amount of bonds, with the consent of the bondholders, and

the manner in which consent may be given.

(7) Do the following:

(i) Covenant as to the use of the authority's real

or personal property.

(ii) Warrant title of the property.

(iii) Covenant as to the maintenance and replacement

of its real and personal property, the insurance to be

carried on the property and the use and disposition of

insurance money.

(8) Do the following:

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(i) Covenant as to the rights, liabilities, powers

and duties arising upon the breach by the authority of

any covenant, condition or obligation.

(ii) Covenant and prescribe in the event of default

as to terms and conditions upon which the authority's

bonds or obligations shall become or may be declared due

before maturity and as to the terms and conditions upon

which the declaration and the authority's consequences

may be waived.

(9) Do the following:

(i) Vest in a trustee or the bondholders the right

to enforce the payment of the bonds or any covenants

securing or relating to the bonds.

(ii) Vest in a trustee the right in the event of a

default by the authority to take possession and use,

operate and manage any real property and to collect the

rents and revenues arising from the property and to

dispose of the money in accordance with the agreement of

the authority with the trustee.

(iii) Provide for the powers and duties of a trustee

and to limit the trustee's liabilities.

(iv) Provide the terms and conditions upon which the

trustee or the bondholders may enforce covenants or

rights securing or relating to the bonds.

(10) Obtain letters of credit and bond insurance.

(11) Do the following:

(i) Exercise all or any part or combination of the

powers granted in this section.

(ii) Make covenants and perform acts necessary,

convenient or desirable to secure bonds or, in the

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absolute discretion of the authority, to accomplish the

purposes of this subchapter by making the bonds more

marketable regardless of whether the covenants or acts

are specifically enumerated under this section.

§ 17339. Remedies of obligee of authority.

An obligee of the authority shall have the right, in addition

to all other rights which may be conferred on the obligee,

subject only to any contractual restrictions binding upon the

obligee:

(1) By mandamus, suit, action or proceeding at law or in

equity, to compel the authority and authority members,

officers, agents or employees to perform each and every term,

provision and covenant contained in any bond or contract of

the authority with or for the benefit of the obligee and to

require the carrying out of covenants and agreements of the

authority and the fulfillment of all duties imposed upon the

authority by this subchapter.

(2) By proceeding in equity, to obtain an injunction

against any acts or things which may be unlawful or the

violation of any of the rights of the obligee.

§ 17340. Additional remedies conferrable by authority.

(a) General rule.--The authority shall have power by

resolution, trust, indenture or mortgage to confer upon any

obligees holding or representing a specified percentage of bonds

the right, in addition to all rights that may otherwise be

conferred, upon the happening of an event of default as defined

in the resolution or instrument, by suit, action or proceeding

in a court of competent jurisdiction to:

(1) obtain the appointment of a receiver of any real

property or leasehold interest of the authority and of the

20210SB0831PN1030 - 482 -

rents and profits from the property. If a receiver is

appointed, the receiver may enter and take possession of the

real property or any leasehold interest, operate the real

property or leasehold interest and collect and receive all

revenues or other income arising from the operation and shall

keep the money in a separate account and apply the same in

accordance with the obligations of the authority as the court

shall direct; or

(2) require the authority and its members to account as

if the authority and authority members were the trustees of

an express trust.

(b) Prohibition.--For the purpose of operating and

maintaining facilities of the authority, nothing in this

subchapter shall authorize a receiver appointed under this

subchapter to sell, assign, mortgage or otherwise dispose of

authority assets. It is the intention of this subchapter to

limit the powers of the receiver to the operation and

maintenance of the facilities of the authority as the court

directs, and the following apply:

(1) Receivers may not sell, assign, mortgage or

otherwise dispose of any assets of the authority.

(2) Bondholders, trustees and other obligees do not have

the right in any suit, action or proceeding, at law or in

equity, to compel a receiver to sell, assign, mortgage or

otherwise dispose of any assets of the authority.

(3) A court may not direct a receiver to sell, assign,

mortgage or otherwise dispose of any assets of the authority.

§ 17341. Governing board.

(a) Composition.--The power of the authority shall be

exercised by a governing board composed of eleven members

20210SB0831PN1030 - 483 -

appointed as follows:

(1) The mayor or, if there is no mayor, the governing

body of the municipality in which a convention center is

located shall appoint two members. Subject to subsection (b),

the terms of the first two members appointed shall be for a

two-year and four-year term, respectively. In all cases, the

beginning of the term shall be January 1 of the year of

appointment, subject to subsection (b).

(2) The county council or, if there is no county

council, the governing body of the county in which a

convention center is located shall appoint seven members.

Subject to subsection (b), the beginning of the term shall be

January 1 of the year of appointment. The terms of the first

seven members appointed shall be allocated as follows:

(i) One one-year term.

(ii) Two two-year terms.

(iii) Two three-year terms.

(iv) Two four-year terms.

(3) Two members shall be appointed by the Governor with

the advice and consent of a majority of the members of the

Senate.

(b) Terms.--Except as otherwise provided and subject to

subsection (a), members shall serve a four-year term from the

date of appointment and until their successors have been

appointed and qualified. If a vacancy occurs by death,

disqualification, resignation or removal of a member, the

appointing authority shall appoint a successor to fill the

unexpired term.

compensated for service on the board or for any other position

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in which the members may serve the authority. The authority may

reimburse members for reasonable and necessary out-of-pocket

expenses incurred by members in carrying out the business of the

authority.

(d) Powers and duties.--

(1) The following shall apply:

(i) The members of the board shall select a

chairperson and other officers as the board determines

from among the members.

(ii) Except as otherwise provided, all actions of

the board shall be taken by a vote of at least six

members of the board, which shall constitute a majority

of the board, unless the bylaws of the authority provide

for a majority vote by a present quorum of not less than

six members in the absence of a full board.

(iii) The board shall have full authority to manage

the properties and business of the authority and to

prescribe, amend and repeal bylaws, rules and regulations

governing the manner in which the business of the

authority may be conducted and the powers granted to the

authority may be exercised and embodied. Notwithstanding

any other law, court decision, precedent or practice to

the contrary, no actions by or on behalf of the board

shall be taken by an officer of the board or the

authority except upon the approval or prior authorization

of the board.

(iv) As used in this subsection, the term "actions

by or on behalf of the board" means any action of the

board, including the hiring, appointment, removal,

transfer, promotion or demotion of any officers and

20210SB0831PN1030 - 485 -

employees, the retention, use or remuneration of

advisors, counsel, auditors, architects, engineers or

consultants, the initiation of legal action, the making

of contracts, leases, agreements, bonds, notes or

covenants, the approval of requisitions, purchase orders,

investments and reinvestments, and the adoption,

amendment, revision or rescission of rules and

regulations, orders or other directives.

(2) The board shall appoint an executive director, who

shall act as the chief executive officer of the authority.

The executive director shall not be a member of the board.

Notwithstanding the provisions of paragraph (1), the board

may, by bylaw or by resolution, delegate to the executive

director the authority and power to carry out the day-to-day

operations of the authority and to exercise those powers

which are normal, customary and necessary to perform the

duties of a chief executive officer.

(3) The board may appoint an assistant and other

officers, including assistant secretaries and assistant

treasurers, as the board determines to be appropriate to

carry out the business of the authority. Assistant

secretaries and assistant treasurers may be members of the

board.

(4) The board may appoint one or more deputy executive

directors who, to the extent authorized by the board, may

exercise the duties and powers of the executive director in

the executive director's absence or incapacity or in the

event of a vacancy in the office of executive director.

(e) Liability.--Members of the board may not be held

personally liable for the bonds or other obligations of the

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authority, and the rights of creditors shall be solely against

the authority. The authority shall defend board members, and the

authority shall indemnify and hold harmless board members,

whether currently serving as a member of the authority, against

and from personal liabilities, actions, causes of action and

claims made against them for actions performed within the scope

of board member duties.

§ 17342. Sovereign immunity.

The following apply:

(1) An authority created under this subchapter and the

authority's officers, officials and employees shall have

sovereign and official immunity, as provided under 1 Pa.C.S.

§ 2310 (relating to sovereign immunity reaffirmed; specific

waiver).

(2) An authority created under this subchapter and the

authority's officers, officials and employees shall remain

immune from suit except as provided by and subject to 42

Pa.C.S. §§ 8501 (relating to definitions), 8502 (relating to

enforcement proceedings), 8521 (relating to sovereign

immunity generally), 8522 (relating to exceptions to

sovereign immunity), 8523 (relating to venue and process),

8524 (relating to defenses), 8525 (relating to legal

assistance), 8526 (relating to counterclaim by the

Commonwealth), 8527 (relating to indemnity relating to inmate

health care) and 8528 (relating to limitations on damages).

(3) Notwithstanding 42 Pa.C.S. § 8525, the authority,

through the authority's counsel, shall defend actions brought

against the authority and the authority's officers and

employees when acting within the scope of the officers and

employees' official duties.

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§ 17343. Money of authority.

(a) Payment of money.--All money of the authority shall be

paid to the treasurer of the authority or other officer or

officers of the authority as the authority may designate.

(b) Duty of board.--The board shall invest authority money

consistent with sound business practice.

investment program subject to restrictions contained in this

subchapter, in any other applicable statute and in rules and

regulations adopted by the board.

(d) Authorized investments.--The following shall apply:

(1) Authorized types of investments for authority money

shall be:

(i) Direct obligations of or obligations guaranteed

by the United States.

(ii) A bond, debenture, note, participation

certificate or other similar obligation issued by any one

or combination of the following agencies:

(A) Government National Mortgage Corporation.

(B) Federal Land Banks.

(D) Federal Intermediate Credit Banks.

(E) Banks for Cooperatives.

(F) Tennessee Valley Authority.

(G) United States Postal Service.

(H) Farmers Home Administration.

(I) Student Loan Marketing Association.

(J) Export-Import Bank of the United States.

(iii) A bond, debenture, note, participation

certificate or other similar obligation issued by the

20210SB0831PN1030 - 488 -

Federal National Mortgage Corporation to the extent the

obligations are guaranteed by the Government National

Mortgage Corporation or issued by another Federal agency

and backed by the full faith and credit of the United

States.

(iv) Deposits in interest-bearing time deposits,

demand deposits or certificates of deposit fully insured

by the Federal Deposit Insurance Corporation or its

successors or the Federal Savings and Loan Insurance

Corporation or its successors or fully secured by any of

the obligations described in this paragraph to the extent

not so insured.

(v) Repurchase agreements relating to, or investment

agreements secured by or providing for the acquisition of

and, if applicable, resale of, obligations described in

subparagraphs (i), (ii), (iii) and (iv) or obligations of

the Federal Home Loan Mortgage Corporation or the Federal

National Mortgage Association with:

(I) banks or trust companies, which may include

a banking entity or depository;

(II) brokers or broker-dealers registered under

the Securities Exchange Act of 1934 (48 Stat. 881, 15

U.S.C. §§ 78a-78jj) acceptable to the authority; or

(III) insurance companies rated A+ or better by

Best's and having a net capital and surplus of at

least $25,000,000 or certificates of deposit with

banks or trust companies fully secured as to

principal and accrued interest by obligations

described in subparagraphs (i), (ii), (iii) and (iv)

deposited with or subject to the control of the

20210SB0831PN1030 - 489 -

authority.

(vi) Money market deposit accounts of banks or trust

companies having a net capital and surplus of at least

$25,000,000, which may include a banking entity or

depository.

(2) The description of authorized investments as set

forth in paragraph (1)(v) and (vi) shall be met only if the

agreements referenced provide for the repayment of the

principal amount invested at an amount not less than the

amount invested. If a security is required as set forth in

paragraph (1)(iv), (v) and (vi), the security shall be

deposited with the treasurer of the authority or be held by a

trustee or agent satisfactory to the authority. Money of the

authority shall be paid out on the warrant or other order of

the chairperson of the authority or of other individuals as

the authority may authorize to execute warrants or orders.

(e) Reports.--The following shall apply:

(1) An authority created under this subchapter shall

file an annual report with the Department of Community and

Economic Development and with the county and political

subdivision constituting the county seat, which shall make

provisions for the accounting of revenues and expenses.

Authority books, accounts and records shall be audited

annually in accordance with generally accepted auditing

standards by an independent auditor who shall be a certified

public accountant, and a copy of the audit report shall be

attached to and be made a part of the annual report. A

concise financial statement shall be published annually in a

newspaper of general circulation in the county in which the

authority is located.

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(2) An authority created under this subchapter shall,

upon request by the county or the political subdivision

constituting the county seat, file a report with the

requesting entity listing the names of authority employees

and the amount of compensation received by each employee, the

names of authority independent contractors and the amount of

remuneration received by the employees and the names of any

providers of professional services and the value of the

contracts for professional services.

(f) Right of examination.--The Attorney General, Auditor

General, Secretary of the Budget, the chairperson and minority

chairperson of the Appropriations Committee of the Senate and

the chairperson and minority chairperson of the Appropriations

Committee of the House of Representatives shall have the right

to examine the books, accounts and records of the authority.

§ 17344. Transfer of existing facilities or money and making of

annual grants and lease payments to authority.

(a) Transfer.--

(1) A State public body or political subdivision may

sell, lease or sublease from or to, lend, grant, convey or

otherwise transfer or pay over to the authority, with or

without consideration, a convention center or part of a

convention center, or an interest in property, real, personal

or mixed, tangible or intangible, or any money available,

needed or obligated for development, acquisition, design,

maintenance, management, operation, financing, leasing or

subleasing, construction or improvement purposes, including

the proceeds of bonds issued for construction or improvement

of a convention center or part of a convention center.

(2) Property, money, a convention center or part of a

20210SB0831PN1030 - 491 -

convention center received by the authority may be used for

any lawful purpose of the authority. Nothing in this

subchapter or any other law shall be deemed to make an

authority or person a State-supported or State-aided

institution under the laws of this Commonwealth.

(b) Grants.--

(1) Subject to paragraph (2), the governing bodies of

the county and county seat may:

(i) Make grants from current revenues to the

authority.

(ii) Assist in defraying the costs of management,

operation, maintenance, financing and debt service of

convention center facilities, or parts of facilities.

(iii) Enter into long-term agreements providing for

the payment of the grants and assistance under

subparagraphs (i) and (ii).

(iv) Enter into long-term leases or subleases as

lessee or sublessee of convention centers or parts of

convention centers.

(2) Obligations of the county and county seat to make

grants, lease or sublease payments to an authority may not,

even if based on debt obligations of an authority, constitute

debts of the county and county seat within the meaning of any

constitutional or statutory provision and shall be payable

only to the extent that current revenues of the county and

county seat are available.

(3) The county and county seat may issue general

obligation bonds for the purpose of obtaining money for local

contributions pertaining to convention centers or parts of

convention centers.

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costs of constructing a convention center by the issuance of

Commonwealth bonds and notes under Chapter 3 of the act of

February 9, 1999 (P.L.1, No.1), known as the Capital Facilities

Debt Enabling Act. A convention center project undertaken by the

authority is deemed to be a redevelopment assistance project for

which capital money of the Commonwealth may be expended under

the act of May 20, 1949 (P.L.1633, No.493), known as the Housing

and Redevelopment Assistance Law, and, notwithstanding any

provisions of the Housing and Redevelopment Assistance Law, the

Department of Community and Economic Development may make

capital grants directly to the authority in furtherance of this

subchapter.

§ 17345. Award of contracts.

(a) Bids.--

(1) All construction, reconstruction, repairs or work of

any nature made by the authority in which the entire cost,

value or amount exceeds $10,000 shall be approved only under

contract.

(2) For a contract under paragraph (1), the authority

shall:

(i) provide public notice to solicit competitive

bids as provided under this section; and

(ii) enter into the contract with the lowest

responsible bidder.

(3) The authority shall have the right to reject any bid

or select a single item from any bid in accordance with

paragraph (2).

(b) Contracts.--

(1) Subsection (a) shall not apply to construction,

20210SB0831PN1030 - 493 -

reconstruction, repairs or work done by employees of the

authority or by labor supplied under agreement with a Federal

agency, State public body or political subdivision.

(2) No contract shall be entered into under subsection

(a) for construction, improvement or repair of a project

unless the contractor provides sufficient surety approved by

the authority in an amount fixed by the authority for the

performance of the contract.

(3) All contracts entered into under subsection (a)

shall provide that the individual or corporation entering

into the contract with the authority pay for all materials

furnished and services rendered for the performance of the

contract and that an individual or corporation furnishing

materials or rendering services may maintain an action to

recover against its obligor providing materials or services

within one year.

(4) Nothing in this section shall be construed to limit

the power of the authority to construct, repair or improve a

project or portion of a project or any addition, betterment

or extension of a project directly by the officers and

employees of the authority.

(5) The authority shall award the construction of a

convention center according to the provisions of the act of

May 1, 1913 (P.L.155, No.104), entitled "An act regulating

the letting of certain contracts for the erection,

construction, and alteration of public buildings," and shall

be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth

Procurement Code).

(6) Nothing in this section or other law of this

Commonwealth shall require the authority to competitively bid

20210SB0831PN1030 - 494 -

architectural design, engineering or other professional

services required by the authority.

to receive bids for contracts for supplies and materials costing

$10,000 or more.

(d) Accepted bid.--The authority shall accept the lowest bid

from a responsible bidder when kind, quality and material is

equal, and the following apply:

(1) The authority shall have the right to reject any bid

or select a single item from a bid.

(2) This subsection shall not apply to the purchase of

unique supplies and materials or supplies and materials which

cannot be obtained in the open market.

(e) Convention center facilities.--The board, upon the

approval of six members, may negotiate contracts for management,

operation, concession services, licensing or leasing of

convention center facilities, or any part. The authority shall

not award a contract to a manager, operator, concessionaire,

licensee, lessee or lessor that exceeds three years in duration

unless six members of the board approve the awarding of a

contract for a greater period of time. The authority and the

authority's contractors, subcontractors, assignees, lessees,

agents, vendors and suppliers shall not be subject to county or

county seat laws, ordinances, rules or regulations relating to

limits or preferences with regard to employment, contracting or

procurement in the construction and operation of convention

center facilities.

(f) Governing law.--The authority shall be subject to the

act of August 15, 1961 (P.L.987, No.442), known as the

Pennsylvania Prevailing Wage Act, the act of March 3, 1978

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(P.L.6, No.3), known as the Steel Products Procurement Act, and

62 Pa.C.S. Ch. 37 Subch. B (relating to motor vehicles).

(g) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Advertisement or public notice." A notice published at

least 10 days before the award of a contract in a newspaper of

general circulation published in the county. The notice may be

waived if the authority determines an emergency exists and

supplies and materials must be immediately purchased by the

authority.

§ 17346. Interests of public officers, public employees and

party officers.

(a) Employment.--Party officers, public officers, public

officials, public employees or individuals convicted of an

infamous crime may not be employed as a management-level

authority employee.

(b) Public employees.--The act of July 19, 1957 (P.L.1017,

No.451), known as the State Adverse Interest Act, and 65 Pa.C.S.

Ch. 11 (relating to ethics standards and financial disclosure)

apply to board members, officers and employees of the authority

and the following apply:

(1) For the purposes of application of these acts and

regardless of compensation, the employees of the authority

shall be regarded as public employees and officers or board

members of the authority shall be regarded as public

officials.

(2) The authority shall be subject to the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law, and to 65 Pa.C.S. Ch. 7 (relating to open meetings).

20210SB0831PN1030 - 496 -

following prohibitions shall apply to the authority created

under this subchapter:

(1) A management-level employee or other employee of the

authority may not use the employee's position or confidential

information received through the employee's position to

obtain financial gain other than compensation provided by law

for the employee, a member of the employee's immediate family

or a personal business.

(2) A management-level employee or other employee of the

board or a member of the employee's immediate family or a

personal business may not solicit or accept anything of

value, including a gift, loan, political contribution, reward

or promise of future employment, based on an understanding

that the vote, official action or judgment of the employee

would be influenced.

(3) A management-level employee or other employee of the

board or a member of the employee's immediate family or a

business in which the person or a member of the person's

immediate family is a director, officer, owner or holder of

stock exceeding 5% of the equity at fair market value of the

business may not enter into a contract valued at $500 or more

to provide goods or services to the authority unless the

contract has been awarded to the lowest responsible bidder

through an open and public process, including prior public

notice and subsequent public disclosure of all proposals

considered and contracts awarded.

(4) A former management-level employee or other former

employee of the board may not represent a person, with or

without compensation, on any matter before the authority with

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which a former management-level employee or other former

employee of the board has been associated for one year after

separation from the authority.

(5) (i) An individual who is a State, county seat or

county public officer or public official or party officer

or a member of the individual's immediate family or the

individual's personal business may not have a financial

interest in a contract valued at $500 or more to provide

goods or services to the authority either during the time

the individual holds the office or for two years after

termination unless the contract is executed under

paragraph (3).

(ii) For purposes of this paragraph, the term

"financial interest" does not include employment by,

association with or ownership of a business association

unless the public officer, public official, party officer

or immediate family member owns shares of stock in the

corporation or has an ownership interest in a

noncorporate business association in an amount in excess

of 5% of the total ownership of the noncorporate business

association.

(6) A management-level employee, other employee of the

board, an advisor or consultant to the county seat, the

county or the State, having recommended to the authority

either making a contract relating to a convention center

authority or a course of action of which the making of the

contract is an express or implied part, may not, at any time

after making the recommendation, possess an adverse interest

in the contract.

(7) A management-level employee or other employee may

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not have an adverse interest in a contract with an authority.

The following shall apply:

(i) A management-level employee or other employee of

the authority, the county seat, the county or the state

may not influence or attempt to influence the making of

or supervise or in any manner deal with a contract with

the authority in which the employee has an adverse

interest.

(ii) A person having an adverse interest in a

contract with the authority may not become a management-

level employee or other employee of the authority until

the adverse interest has been wholly divested.

(8) A management-level employee or other employee of the

authority, the county seat, the county or the State, except

in the performance of his duties as an employee, may not for

remuneration, directly or indirectly, represent a person in a

matter pending before the authority.

(d) Penalties.--An individual who violates this section

shall have the individual's employment by the authority

immediately terminated by the appropriate person having the

power to terminate and shall be liable to the authority to

reimburse the authority for all compensation received by the

employee from the authority while employed in violation of

subsection (b). The following shall apply:

(1) An individual who violates subsection (c)(1) or (2)

commits a felony and, upon conviction, shall be sentenced to

pay a fine of not more than $10,000 or to imprisonment for

not more than five years, or both.

(2) An individual who violates subsection (c)(3), (4),

(5), (6), (7) or (8) commits a misdemeanor and, upon

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conviction, shall be sentenced to pay a fine of not more than

$1,000 or to imprisonment for not more than one year, or

both.

(3) An individual who obtains financial gain from

violating subsection (c), in addition to any other penalty

provided by law, shall pay into the accounts of the authority

a sum of money equal to three times the financial gain

resulting from the violation.

(4) An individual who violates subsection (c) shall be

barred for a period of five years from engaging in any

business or contract with the authority, the county seat, the

county, the State and all political subdivisions.

(5) An employee of the county seat, county, State or any

political subdivision or a public officer or public official

who violates subsection (c) shall automatically forfeit the

office or employment.

(6) The penalties and sanctions under this section shall

supersede any similar penalties and sanctions provided by 65

Pa.C.S. Ch. 11 and the State Adverse Interest Act.

(e) Definitions.--The following words and phrases shall have

the meanings given to them in this section unless the context

clearly indicates otherwise:

"Business." A corporation, partnership, sole proprietorship,

firm, enterprise, franchise, association, organization, self-

employed individual, holding company, joint-stock company,

receivership, trust or any legal entity organized for profit or

as a not-for-profit corporation or organization.

"Immediate family." A parent, spouse, child, brother, sister

or like relative-in-law.

"Infamous crime." A violation and conviction for an offense

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which would disqualify an individual from holding public office

under section 6 of Article II of the Constitution of

Pennsylvania or a conviction for a violation of this section, 18

Pa.C.S. § 4113 (relating to misapplication of entrusted property

and property of government or financial institutions) or 18

Pa.C.S. Ch. 47 (relating to bribery and corrupt influence), 49

(relating to falsification and intimidation), 51 (relating to

obstructing governmental operations) or 53 (relating to abuse of

office) or any other violation of the laws of this Commonwealth

for which an individual has been convicted within the preceding

10 years and which is classified as a felony, and similar

violations of the laws of the Federal Government or another

state.

"Management-level authority employee." The chairperson and

members of the board of the authority, counsel employed by the

authority, the executive director of the authority and any

authority employee with discretionary powers which may affect

the outcome of the authority's decision in relation to a private

corporation or business or any employee who by virtue of the

employee's job function could influence the outcome of the

decision.

"Party officer." The following members or officers of a

political party:

(1) a member of a national committee;

(2) a chairperson, vice chairperson, secretary,

treasurer or counsel of a State committee or member of the

executive committee of a State committee;

(3) a city chairperson or vice chairperson or counsel,

secretary or treasurer of a city committee; or

(4) a county chairperson or vice chairperson or counsel,

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secretary or treasurer of a county committee.

"Person." A business, individual, corporation, union,

association, firm, partnership, committee, club or other

organization or group of persons.

"Public employee."

(1) An individual employed by the Commonwealth or a

political subdivision who is responsible for taking or

recommending official action of a nonministerial nature with

regard to:

(i) contracting or procurement;

(ii) administering or monitoring grants or

subsidies;

(iii) planning or zoning;

(iv) inspecting, licensing, regulating or auditing

any person; or

(v) any official action which has an economic impact

of greater than a de minimis nature on the interest of

any person.

(2) The term does not include individuals who are

independent contractors or persons that are employed by the

state or a political subdivision in teaching, as

distinguished from administrative duties.

"Public officer." An individual elected to any public office

of the Commonwealth or a political subdivision.

"Public official."

(1) An elected or appointed official in the executive,

legislative or judicial branch of the State or a political

subdivision.

(2) The term does not include members of advisory boards

that have no authority to expend public money other than

20210SB0831PN1030 - 502 -

reimbursement for personal expenses or to otherwise exercise

the power of the State or a political subdivision.

(3) The term does not include an appointed official who

receives no compensation other than reimbursement for actual

expenses.

§ 17347. Use and operation of convention center facilities.

(a) General rule.--The use and operation of a convention

center and the operation of the business of the authority shall

be subject to the rules and regulations adopted by the

authority.

(b) Limitation.--The authority may not impair the security

of the obligees of the authority, violate any agreements with

the obligees or for the obligee's benefit or violate any

contracts, leases or other agreements awarded, made or entered

into by the authority.

§ 17348. Limitation of powers.

(a) Bonds.--The Commonwealth pledges to and agrees with any:

(1) person, county, county seat, political subdivision

or Federal agency subscribing to or acquiring the bonds to be

issued by the authority for the construction or improvement

of a convention center that the Commonwealth will not limit

or alter the rights vested in the authority under law in any

manner inconsistent with the obligations to the bondholders

until all bonds issued, together with the interest, are fully

paid and discharged; and

(2) Federal agency that in the event that a Federal

agency shall construct or contribute money for the

construction or improvement of a convention center that the

Commonwealth shall not alter or limit the rights and powers

of the authority in any manner which would be inconsistent

20210SB0831PN1030 - 503 -

with the due performance of any agreements between the

authority and the Federal agency.

(b) Leases.--The Commonwealth pledges to and agrees with any

person that, as owner, leases or subleases a convention center

to or from an authority created pursuant to this subdivision

that the Commonwealth will not limit or alter the rights and

powers vested in the authority or otherwise created by this

subdivision in any manner which impairs the obligations of the

authority until all obligations of the authority under the lease

or sublease are fully met and discharged.

§ 17349. Exemption from taxation.

(a) Purpose of exemption.--The authorized purposes of

authorities created under this subdivision shall in all respects

be for the benefit of the residents of this Commonwealth, for

the increase of commerce and prosperity and for the improvement

of health and living conditions.

(b) Authority exempt.--An authority, as public

instrumentality of the Commonwealth and performing essential

governmental functions in effectuating these purposes, is exempt

from the payment of any taxes or assessments upon a convention

center or a part of a convention center, or property acquired or

used or permitted to be used by a convention center for these

purposes.

the bonds and the income from the bonds, including any profits

made on the sale of the bonds, shall be exempt from State and

local taxation within this Commonwealth.

(d) Limitation--The exemptions under subsections (b) and (c)

shall not extend to gift, estate, succession or inheritance

taxes or any other taxes not levied directly on the bonds, the

20210SB0831PN1030 - 504 -

transfer or the income of bonds from or the realization of

profits on the sale of the bonds.

§ 17350. Lease by authorities.

A convention center may be leased or subleased by the

authority to and from the county or county seat, and the county

or county seat is empowered to enter into leases, subleases, or

both, for this purpose. A lease or sublease may be made for a

specified or unlimited time and on any terms and conditions

approved by the county or county seat and agreed to by the

authority in conformity with its contracts with the bondholders.

§ 17351. Cooperation.

(a) Rights given authority.--For the purpose of aiding and

cooperating with the authority and in the planning, acquisition,

clearance, relocation, development, design, construction,

rehabilitation, leasing, subleasing, alteration, expansion,

financing, improvement, management or operation of a convention

center, any public body or political subdivision of the

Commonwealth or the county or county seat may, with or without

consideration:

(1) Dedicate, sell, convey, lease or otherwise transfer

property or any interest, real, personal or mixed, tangible

or intangible, to the authority.

(2) Cause parking, recreational or community facilities

or any other works, which the political body or political

subdivision is otherwise empowered to undertake, to be

furnished in or adjacent to any area selected for a

convention center or part of a convention center.

(3) Furnish, dedicate, close, pave, install, grade,

regrade, plan or replan streets, roads, roadways, alleys,

sidewalks or other places which the political body or

20210SB0831PN1030 - 505 -

political subdivision is empowered to act.

(4) Enter into agreements, extending over any period,

with the Federal Government or the authority with respect to

action by a State public body pursuant to the powers granted

by this section.

(5) Incur the entire expense in connection with public

improvements made by a State public body, political

subdivision, county or the county seat, in exercising the

powers granted under this section.

(6) Aid and cooperate in the development, acquisition,

design, construction, improvement, maintenance, management,

operation, furnishing, fixturing, equipping, repairing,

financing, owning, leasing and subleasing of a convention

center or part of a convention center.

(b) Power of Secretary of General Services.--The Secretary

of General Services is authorized, with the approval of the

Governor and Attorney General, to execute and deliver, on behalf

of the Commonwealth, conveyances, deeds and leases authorized

under this subchapter.

(1) In connection with a convention center, the county

or county seat may contract with the authority or the Federal

Government with respect to sums which the Federal Government

or the authority may agree to pay during any year or period

of years to the county or county seat for the improvements,

services and facilities to be provided by the county or

county seat for the benefit of the authority, convention

center facility or the persons occupying the area.

(2) The absence of a contract for payments under

paragraph (1) does not relieve the county or county seat from

20210SB0831PN1030 - 506 -

the duty to furnish for the benefit of the authority,

convention center or the persons occupying the area,

customary improvements and services and facilities as the

county or county seat usually furnish without a service fee.

(d) Agency.--The Commonwealth, county or county seat may, by

written agreement, designate the authority as an agent within

the authority's field of operation to perform any specified

activity or to administer any specified program which the

Commonwealth, county or county seat is authorized by law to do

if these activities or programs are in furtherance of the public

purposes specified in this subchapter. Activities include

development, acquisition, design, construction, improvement,

maintenance, leasing, management or operation of a convention

center or part of a convention center.

(e) Supplemental powers.--Powers granted under this section

shall be in addition and supplemental to the powers conferred by

any other law.

§ 17352. Hotel room rental tax.

(a) Imposition.--The county in which the authority's

convention centers are located or will be located may impose an

excise tax on the consideration received by each operator of a

hotel within the market area from each transaction of renting a

room or rooms to accommodate transients.

(b) Collection.--The tax shall be collected by the operator

from the patron of the room and paid over to the county and

shall be known as the Hotel Room Rental Tax.

county in which the authority's convention centers are located

may not exceed 7%.

(d) Distribution of revenue.--Subject to the deduction of

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the administrative fee authorized by subsection (o), the

revenues shall be distributed as follows:

(1) The revenues from the special funds required under

subsection (e) attributable to the levy of the first 5% of

the tax shall be distributed as follows:

(i) Eighty percent shall be deposited within two

working days into the special fund required under

subsection (e) for the use of the authority.

(ii) Twenty percent shall be deposited within two

working days into the tourist promotion agency fund

required under subsection (e) until disbursed under

subsection (j).

(2) The revenues from the special fund attributable to

the levy of the remaining 2% of the tax shall be deposited

into the tourist promotion agency fund required under

subsection (e) until disbursed under subsection (j).

(e) Duty of treasurer.--The treasurer of each county

electing to impose the tax authorized under this section shall

collect the tax and, subject to the deduction of the

administrative fee authorized by subsection (o):

(1) deposit 80% of the revenues attributable to the levy

of the first 5% of the tax in a special fund established for

the purposes set forth in this section;

(2) deposit 20% of the revenues attributable to the levy

of the first 5% of the tax in the tourist promotion agency

fund until disbursed under subsection (j); and

(3) deposit the revenues attributable to the levy of the

remaining 2% of the tax in the tourist promotion agency fund

until disbursed under subsection (j).

(f) Deposit of interest.--Interest on money deposited into

20210SB0831PN1030 - 508 -

the funds shall accrue proportionately as provided under

subsection (e).

(g) Rules and regulations.--The treasurer may establish

rules and regulations concerning the collection of the tax,

which may not occur more than monthly nor less than quarterly.

(h) Special fund.--The authority shall have the right to

draw upon the special fund established under subsection (e)(1)

for the authority. Expenditures from the special fund shall be

used by the authority for the following purposes:

(1) Projected annual debt service or lease payments of

the convention center authority.

(2) Costs associated with financing, constructing,

expanding, improving, maintaining, furnishing, fixturing and

equipping convention centers.

(3) Costs associated with the development of convention

centers, including design, engineering and feasibility costs.

(4) Costs associated with the operation and management

of convention centers.

(5) Costs associated with promoting, marketing and

otherwise encouraging use of the convention centers.

(6) General purposes of the authority.

(7) Grants authorized under section 17335(e) (relating

to purpose and powers of authorities).

(i) Security.--If and to the extent that the authority

pledges the authority's share of the proceeds of the tax

authorized by this section as security for the payment of bonds

issued by the authority for convention centers, the following

shall apply:

(1) The Commonwealth pledges to and agrees with any

person, firm or corporation subscribing to or acquiring bonds

20210SB0831PN1030 - 509 -

to be issued by the authority for convention center purposes

that the Commonwealth will not, nor will the Commonwealth

authorize a county to, reduce the rate of tax imposed for

convention centers until all bonds secured by the pledge of

the authority, together with interest, are fully met and

discharged.

(2) The county may not reduce the rate of tax imposed

for convention centers until all bonds secured by the pledge

of the authority, together with interest, are fully met and

discharged.

(j) Disbursement of money.--Revenues received from the tax

deposited into the tourist promotion agency fund required under

subsection (f) shall be disbursed by each county to the tourist

promotion agency within 10 days of receipt of the revenues.

(k) Fiscal year.--Each tax year for any tax imposed under

this section shall run concurrently with the county's fiscal

year.

(l) Audit.--An audited report on the income and expenditures

incurred by a tourist promotion agency receiving revenues from

the tax authorized under this section shall be submitted

annually by the tourist promotion agency to the county

commissioners.

(m) Penalty.--Notwithstanding any provision of law to the

contrary, in counties of the third class having a population

under the 1990 Federal decennial census in excess of 415,000

residents but less than 500,000 residents, a penalty of 1.5% per

month shall be imposed for failure to timely remit the tax

authorized by this section.

(n) Lien.--In addition to other remedies available for

collection of debts, the county may also file a lien upon the

20210SB0831PN1030 - 510 -

hotel in the name of and for the use of the county as provided

by law for municipal claims.

(o) Administrative fee.--For purposes of defraying the costs

of collecting the tax imposed under this section and otherwise

performing the county's obligations under this subchapter, the

county may deduct and retain an administrative fee from the

taxes collected under this subsection. The administrative fee

shall be established by the county but may not exceed in any tax

year the lesser of:

(1) 2% of all taxes collected hereunder; or

(2) $40,000, which amount shall be adjusted biannually,

beginning two years after the date of enactment, by the

percentage growth in the Consumer Price Index for All Urban

Consumers as determined by the United States Department of

Labor.

(p) Regulations.--The county shall have the authority to

prescribe rules and regulations as the county determines are

appropriate to administer the provisions of this section.

(q) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property of any kind or nature or other payment

received by operators in exchange for or in consideration of the

use or occupancy by a transient of a room or rooms in a hotel

for a temporary period.

"Convention center or convention center facility." Any land,

improvement, structure, building, or part thereof, or property

interest, whether owned by or leased by or to or otherwise

acquired by an authority, appropriate for any of the following:

20210SB0831PN1030 - 511 -

large public assemblies, the holding of conventions,

conferences, trade exhibitions and other business, social,

cultural, scientific, sports, recreational, artistic and public

interest events, performances and exhibitions, and all

facilities, furniture, fixtures and equipment necessary or

incident thereto, including hotels, meeting rooms, dining rooms,

kitchens, ballrooms, reception areas, registration and

prefunction areas, locker rooms, practice areas and equipment,

training areas and equipment, truck loading areas, including

access, accessways, including, but not limited to, tunnels,

overhead walkways, escalators, elevators and other connections

to nearby or adjoining buildings or facilities, regardless of

whether the buildings or facilities constitute convention

centers or are owned or controlled by the authority, common

areas, lobbies, offices and areas appurtenant to any of the

preceding, and also including other land, buildings, structures

or facilities for use or planned for use in conjunction with the

foregoing, including landscaping, buffer areas, off-street

parking, retail areas and other improvements related to a

convention center owned by or leased by or to an authority,

regardless of whether the improvements are for the purpose of

producing revenues to assist in defraying the costs or expenses

of a convention center.

"Hotel." A hotel, motel, inn, guesthouse or other building

or complex of buildings located within the market area which

holds itself out by any means, including advertising, license,

registration with an innkeeper's group, convention listing

association, travel publication or similar association or with a

government agency, as being available to provide overnight

lodging or use of facility space for consideration to persons

20210SB0831PN1030 - 512 -

seeking temporary accommodation and the following shall apply:

(1) The term includes:

(i) A place which advertises to the general public

or a segment of the general public that it will provide

beds, sanitary facilities or other space for a temporary

period to members of the general public.

(ii) A place recognized as a hostelry.

(2) The term does not include portions of a facility

which are devoted to individuals who have established

permanent residence.

(3) The term does not include a bed and breakfast

homestead or inn as defined in the act of May 23, 1945

(P.L.926, No.369), referred to as the Public Eating and

Drinking Place Law.

"Market area." With respect to a county in which there is

more than one city of the third class, the entire county. With

respect to a county in which there is only one city of the third

class, one of the following, as selected by the governing body

of the county:

(1) That city and the area within the county which is

not more than 15 miles from the city limits of the county

seat.

(2) That city and the area within the county which, as

determined by the governing body of the county imposing the

tax, derives a material benefit from the existence of the

convention center within the county. The owner of a hotel

affected by a determination by the governing body under this

subparagraph may challenge the determination by filing a

petition in the court of common pleas in the judicial

district in which the determination was made.

20210SB0831PN1030 - 513 -

"Occupancy." The use or possession or the right to the use

or possession by a person other than a permanent resident of a

room in a hotel for any purpose or the right to the use or

possession of the furnishings or to the services accompanying

the use and possession of the room.

"Operator." Any individual, partnership, nonprofit or

profit-making association or corporation or other person or

group of persons that maintain, operate, manage, own, have

custody of or otherwise possess the right to rent or lease

overnight accommodations in a hotel to the public for

consideration.

"Patron." An individual who pays the consideration for the

occupancy of a room or rooms in a hotel.

"Permanent resident." An individual who has occupied or has

the right to occupy a room or rooms in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Room." A space in a hotel set aside for use and occupancy

by patrons, or otherwise, for consideration, having at least one

bed or other sleeping accommodations provided therein.

"Temporary." A period of time not exceeding 30 consecutive

days.

"Tourist promotion agency." The agency designated by the

governing body of a county or county seat in which the

convention centers are located to be eligible for grants from

the Department of Community and Economic Development under the

act of July 4, 2008 (P.L.621, No.50), known as the Tourism

Promotion Act.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration emanates to the operator under an express or

20210SB0831PN1030 - 514 -

an implied contract.

"Transient." An individual who obtains an accommodation in

any hotel for the individual by means of registering at the

facility for the temporary occupancy of a room for the personal

use of that individual by paying to the operator of the facility

a fee in consideration for the accommodation.

"Treasurer." The elected treasurer of the county or, if

there is no elected treasurer, another official or agent of the

county as may be designated by the county to collect and account

for the tax authorized by this section.

§ 17353. Construction.

Nothing in this subchapter shall be construed to limit any

action taken under Subchapter A.

CHAPTER 175

HOTEL TAX

Sec.

17501. Authorization of hotel tax.

17502. Authorization of five percent hotel tax for a county of

the third class.

17503. (Reserved).

17504. Authorization of five percent hotel tax for a county of

the fifth class.

17505. Hotel room rental tax in certain third class counties.

17506. (Reserved).

17507. Hotel room rental tax in third through eighth c lass

counties.

17508. Certification of recognized tourist promotion agencies.

17509. Hotel room rental tax in second class and second class A

counties.

§ 17501. Authorization of hotel tax.

20210SB0831PN1030 - 515 -

(a) Imposition.--The county commissioners of any county of

the third class having a second class A city located therein may

impose a hotel tax not to exceed 7% of the consideration

received by each operator of a hotel within the county from each

transaction of renting a room or rooms to transients. The tax

shall be collected by the operator from the patron of the room

or rooms and paid over to the county as herein provided.

(b) Records.--The county commissioners may by ordinance

impose requirements for keeping of records, the filing of tax

returns and the time and manner of collection and payment of

tax. The county commissioners may also impose by ordinance

penalties and interest for failure to comply with recordkeeping,

filing, collection and payment requirements.

the tax authorized under this section shall collect the tax and

deposit the revenues received from the tax in a special fund

established for that purpose. The disposition of the revenues

from the special fund shall be as follows: a minimum of 40% of

all revenues received per annum shall be distributed to the TPA,

which shall use them for the appropriate and reasonable

operational, marketing and promotional expenses of the TPA.

Other tax revenues received and amounting to not more than 60%

of total annual revenues shall be distributed to the county,

which shall use them for reasonable expenses associated with

collection and enforcement of the tax; for county-owned tourist

and recreational facilities, sports facilities or visitor

centers; for other tourism-related activities as determined by

the county commissioners; or for other expenditures, debts or

liabilities related to tourism or recreational facilities

incurred by municipal authorities as determined by the county

20210SB0831PN1030 - 516 -

commissioners.

(d) Concurrent tax years.--The tax year for a tax imposed

under this section shall run concurrently with the calendar

year.

(e) Audit.--An audited report on the income and expenditures

incurred by a tourist promotion agency receiving any revenues

from the tax authorized under this section shall be submitted

annually by the tourist promotion agency to the county

commissioners.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property of any kind or nature, or other payment

received by operators in exchange for or in consideration of the

use or occupancy by a transient of a room or rooms in a hotel

for any temporary period.

"Hotel." A hotel, motel, inn, guest house or other structure

which holds itself out by any means, including advertising,

license, registration with an innkeepers' group, convention

listing association, travel publication or similar association

or with a government agency, as being available to provide

overnight lodging or use of facility space for consideration to

persons seeking temporary accommodation; any place which

advertises to the public at large or any segment thereof that it

will provide beds, sanitary facilities or other space for a

temporary period to members of the public at large; or any place

recognized as a hostelry. The term does not include any portion

of a facility that is devoted to persons who have an established

permanent residence or a college or university student residence

20210SB0831PN1030 - 517 -

hall.

"Occupancy." The use or possession or the right to the use

or possession by any person other than a permanent resident of

any room in a hotel for any purpose or the right to the use or

possession of the furnishings or to the services accompanying

the use and possession of the room.

"Operator." An individual, partnership, nonprofit or profit-

making association or corporation or other person or group of

persons who maintain, operate, manage, own, have custody of or

otherwise possess the right to rent or lease overnight

accommodations in a hotel to the public for consideration.

"Patron." A person who pays the consideration for the

occupancy of a room or rooms in a hotel.

"Permanent resident." A person who has occupied or has the

right to occupancy of a room or rooms in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Room." A space in a hotel set aside for use and occupancy

by patrons, or otherwise, for consideration, having at least one

bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)." An organization, agency or

corporation designated to be such by the board of commissioners

of the county in which the tax is imposed. The TPA shall be duly

established, designated and recognized as the county's TPA in

accordance with and pursuant to the act of July 4, 2008

(P.L.621, No.50), known as the Tourism Promotion Act.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration is payable to the operator under an express

or an implied contract.

"Transient." An individual who obtains accommodation in a

20210SB0831PN1030 - 518 -

hotel by means of registering at the facility for the temporary

occupancy of a room for the personal use of the individual by

paying a fee to the operator.

§ 17502. Authorization of five percent hotel tax for a county

of the third class.

(a) Imposition.--The county commissioners of any county of

the third class having a population under the 1990 Federal

Decennial Census in excess of 237,000 residents, but less than

240,000 residents, may impose a hotel tax not to exceed 5% of

the consideration received by each operator of a hotel within

the county from each transaction of renting a room or rooms to

transients. The tax shall be collected by the operator from the

patron of the room or rooms and paid over to the county as

herein provided.

(b) Records.--The county commissioners may by ordinance

impose requirements for keeping of records, the filing of tax

returns and the time and manner of collection and payment of

tax. The county commissioners may also impose by ordinance

penalties and interest for failure to comply with recordkeeping,

filing, collection and payment requirements.

county commissioners of each county shall designate the entity

or agency responsible to collect and to enforce the collection

of the tax on their behalf. All revenues received from the tax

shall be deposited into a special fund, which is to be

established by the county's treasurer. The disposition of the

revenues from the special fund attributable to the levy of the

first 2% of the tax shall be as follows:

(1) 20% of all revenues received per annum shall be

distributed by the treasurer to a city of the third class in

20210SB0831PN1030 - 519 -

the county of the third class imposing the tax for the

appropriate and reasonable marketing and promotional expenses

of promoting tourism in the city of a third class and the

costs associated with the renovation, rehabilitation,

extension, furnishing, equipping, substantial repair or

construction of a tourism-related facility located within the

city of the third class, including for payment of the debt

service on bonds issued for such projects;

(2) 10% of all revenues received per annum shall be

distributed by the treasurer to the county commissioners who

may accept the funds which may be used for tourism and

regional promotion purposes to be determined by the county

commissioners, or, if the county commissioners elect not to

accept the funds, the funds shall be distributed by the

treasurer to the TPA for the appropriate and reasonable

marketing and promotional expenses of the TPA in promoting

tourism in the county of the third class imposing the tax,

excluding promotion of a city of the third class receiving

revenues under clause (1); and

(3) 70% of all revenue received per annum shall be

distributed by the treasurer to qualified authorities located

within the county of the third class imposing the tax for

payment of the debt service on bonds issued for the

construction of a county regional sports facility having a

seating capacity of two and one-half thousand to fourteen

thousand seats, which is owned, in whole or in part, or

leased by the applicable authority, and which is located

within the county of the third class imposing the tax. The

following are qualified authorities for purposes of this

clause:

20210SB0831PN1030 - 520 -

(i) an authority incorporated pursuant to the former

act of May 2, 1945 (P.L.382, No.164), known as the

Municipality Authorities Act of 1945;

(ii) an industrial or commercial development

authority incorporated pursuant to the act of August 23,

1967 (P.L.251, No.102), known as the Economic Development

Financing Law; and

(iii) a redevelopment authority incorporated

pursuant to the act of May 24, 1945 (P.L.991, No.385),

known as the Urban Redevelopment Law.

(d) Disposition of the third one percent of the tax

revenue.--The disposition of the revenues from the special fund

attributable to the levy of the third percent of the tax, if

levied, shall be distributed at the discretion of the county

commissioners and used solely for tourism and regional promotion

purposes.

(e) Disposition of remaining two percent of tax revenue.--

The disposition of the revenues from the special fund

attributable to the levy of the remaining 2% of the tax shall be

distributed by the treasurer as follows:

(1) 50% shall be distributed to the TPA for the

appropriate and reasonable marketing and promotional expenses

for promoting tourism in the county imposing the tax; and

(2) 50% shall be distributed as follows:

(i) 75% to an authority incorporated pursuant to the

former "Municipality Authorities Act of 1945" located

within the county of the third class currently imposing a

tax for payment of the debt service on bonds issued for

the construction of a county regional sports facility

having a seating capacity of two and one-half thousand to

20210SB0831PN1030 - 521 -

fourteen thousand seats, which is owned, in whole or in

part, or leased by the applicable authority, and which is

located within the county of the third class imposing the

tax. Such authority shall use the tax distribution

identified in this section for the improvement, support,

rehabilitation, revitalization, construction, fit-out and

reconstruction of one or more tourism or tourism

infrastructure-related facilities, including, but not

limited to, the payment of debt service on bonds related

thereto.

(ii) 25% shall be distributed to the TPA for the

appropriate and reasonable marketing and promotional

expenses of promoting tourism in a city of the third

class located within the county of the third class

imposing the tax, and the same shall be used in

accordance with a plan approved by the TPA.

(f) Collection and deposit.--The treasurer of each county

electing to impose the tax authorized under this section shall

collect the tax from the entity or agency designated by the

county commissioners to collect and to enforce the collection of

the tax and shall deposit the revenues received from the tax in

a special fund established for that purpose.

(g) Concurrent tax years.--The tax year for a tax imposed

under this section shall run concurrently with the calendar

year.

(h) Audit.--An audited report on the income and expenditures

incurred by a tourist promotion agency receiving any revenues

from the tax authorized under this section shall be submitted

annually by the tourist promotion agency to the county

commissioners.

20210SB0831PN1030 - 522 -

(i) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property of any kind or nature or other payment

received by operators in exchange for or in consideration of the

use or occupancy by a transient of a room or rooms in a hotel

for any temporary period.

"Debt service on bonds." Any cost related to the issuance,

refinancing, refunding or payment or any other costs associated

with the issuance and maintenance of bonds or notes by an

authority or a city of the third class.

"Hotel." A hotel, motel, inn, guest house or other structure

which holds itself out by any means, including advertising,

license, registration with an innkeepers' group, convention

listing association, travel publication or similar association

or with a government agency, as being available to provide

overnight lodging or use of facility space for consideration to

persons seeking temporary accommodation; any place which

advertises to the public at large or any segment thereof that it

will provide beds, sanitary facilities or other space for a

temporary period to members of the public at large; or any place

recognized as a hostelry. The term does not include any portion

of a facility that is devoted to persons who have an established

permanent residence or a college or university student residence

hall.

"Occupancy." The use or possession or the right to the use

or possession by any person other than a permanent resident of

any room in a hotel for any purpose or the right to the use or

possession of the furnishings or to the services accompanying

20210SB0831PN1030 - 523 -

the use and possession of the room.

"Operator." An individual, partnership, nonprofit or profit-

making association or corporation, or other person or group of

persons who maintains, operates, manages, owns, has custody of

or otherwise possesses the right to rent or lease overnight

accommodations in a hotel to the public for consideration.

"Patron." A person who pays the consideration for the

occupancy of a room or rooms in a hotel.

"Permanent resident." A person who has occupied or has the

right to occupancy of a room or rooms in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Room." A space in a hotel set aside for use and occupancy

by patrons, or otherwise, for consideration, having at least one

bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)." An organization, agency or

corporation designated to be such by the board of commissioners

of the county in which the tax is imposed. The TPA shall be duly

established, designated and recognized as the county's TPA in

accordance with and pursuant to the act of April 28, 1961

(P.L.111, No.50), known as the Tourist Promotion Law.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration is payable to the operator under an express

or an implied contract.

"Transient." An individual who obtains accommodation in a

hotel by means of registering at the facility for the temporary

occupancy of a room for the personal use of the individual by

paying a fee to the operator.

§ 17503. (Reserved).

§ 17504. Authorization of five percent hotel tax for a county

20210SB0831PN1030 - 524 -

of the fifth class.

(a) Imposition.--The county commissioners of any county of

the fifth class having a population under the 2010 Federal

Decennial Census in excess of 101,000 residents, but less than

102,000 residents, may impose a hotel tax not to exceed 5% of

the consideration received by each operator of a hotel within

the county from each transaction of renting a room or rooms to

transients. The tax shall be collected by the operator from the

patron of the room or rooms and paid over to the county as

herein provided.

(b) Records and penalty.--The provisions of subsection (c)

notwithstanding, county commissioners may by ordinance impose

requirements for keeping of records, the filing of tax returns

and the time and manner of collection and payment of tax. The

county commissioners may also impose by ordinance penalties and

interest for failure to comply with recordkeeping, filing,

collection and payment requirements.

imposes the tax authorized under this section shall submit to an

audit of hotel tax revenue. The audit shall be conducted by the

county commissioners and shall consist, at a minimum, of

determining the total amount of consideration received by the

operator from transactions of renting a room or rooms to

transients during the period being audited and the total amount

of hotel tax revenue collected. The county commissioners or

their duly authorized agents shall conduct at least one audit

annually and shall bear the costs of the audit.

(d) Collection, deposit and disposition of tax revenue.--The

treasurer of each county that imposes the tax authorized under

this section shall collect the tax and deposit the revenues

20210SB0831PN1030 - 525 -

received from the tax in a special fund established for that

purpose. Subject to the deduction of the administrative fee

authorized by subsection (h), the disposition of the revenues

from the TPA hotel tax fund shall be as follows:

(1) Seventy-five percent of all revenues received per

annum shall be used by the county's recognized TPA for the

promotion, advertising and marketing of tourism and special

events and for administrative costs.

(2) Twenty-five percent of all revenues received per

annum shall be distributed as follows:

(i) Fifty perfect shall be used by the county

commissioners for the purposes of economic development

and historic preservation.

(ii) Fifty percent shall be used by the county

commissioners for grants to municipalities that:

(A) have a municipal police department employing

at least two full-time police officers assigned to

law enforcement duties who work a minimum of 200 days

per year; or

(B) are a member of a regional police department

that provides full-time police services to the

municipality pursuant to an agreement or contract.

(iii) Municipalities receiving grants under

subclause (ii) must meet or have met the eligibility

requirements under subclause (ii)(A) or (B) for a minimum

of two years prior to receiving the grant.

(e) Grants.--Grants under subsection (d)(2)(ii) shall be

distributed to municipalities in proportion to the number of

hotel rooms within the municipality as a percentage of the total

number of hotel rooms in municipalities with police departments

20210SB0831PN1030 - 526 -

under subsection (d)(2)(ii) as compiled by the recognized TPA

and certified by the county commissioners. Grants shall be used

for police and law enforcement purposes. Any portion of a grant

not used for police and law enforcement purposes shall be

returned to the county for the purposes of subsection (d)(2)(i).

(f) Concurrent tax years.--The tax year for a tax imposed

under this section shall run concurrently with the calendar

year.

(g) Audit.--An audited report on the income and expenditures

incurred by a tourist promotion agency receiving any revenues

from the tax authorized under this section shall be submitted

annually by the tourist promotion agency to the county

commissioners.

(h) Administrative fee.--The county may deduct and retain an

administrative fee from the taxes collected under this section.

The administrative fee established by the county may not exceed

in any tax year the lesser of:

(1) 4.5% of all taxes collected under this section; or

(2) $95,000, which amount shall be adjusted biannually,

beginning two years after July 12, 2012, by the percentage

growth in the Consumer Price Index for All Urban Consumers.

(i) Uses of revenue.--Revenue collected from the fee imposed

under subsection (h) shall be used for the following purposes:

(1) Defraying the costs associated with the collection

and administration of the tax.

(2) Defraying the costs of the review required under

subsection (c).

(j) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

20210SB0831PN1030 - 527 -

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property of any kind or nature, or other payment

received by operators in exchange for or in consideration of the

use or occupancy by a transient of a room or rooms in a hotel

for any temporary period.

"Hotel." A hotel, motel, inn, guest house or other structure

which holds itself out by any means, including advertising,

license, registration with an innkeepers' group, convention

listing association, travel publication or similar association

or with a government agency, as being available to provide

overnight lodging or use of facility space for consideration to

persons seeking temporary accommodation; any place which

advertises to the public at large or any segment thereof that it

will provide beds, sanitary facilities or other space for a

temporary period to members of the public at large; or any place

recognized as a hostelry. The term does not include any portion

of a facility that is devoted to persons who have an established

permanent residence or a college or university student residence

hall.

"Occupancy." The use or possession or the right to the use

or possession by any person other than a permanent resident of

any room in a hotel for any purpose or the right to the use or

possession of the furnishings or to the services accompanying

the use and possession of the room.

"Operator." An individual, partnership, nonprofit or profit-

making association or corporation or other person or group of

persons who maintain, operate, manage, own, have custody of or

otherwise possess the right to rent or lease overnight

accommodations in a hotel to the public for consideration.

"Patron." A person who pays the consideration for the

20210SB0831PN1030 - 528 -

occupancy of a room or rooms in a hotel.

"Permanent resident." A person who has occupied or has the

right to occupancy of a room or rooms in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Room." A space in a hotel set aside for use and occupancy

by patrons, or otherwise, for consideration, having at least one

bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)." An organization, agency or

corporation designated to be such by the board of commissioners

as of January 1, 2000, of the county in which the tax is

imposed. The TPA shall be duly established, designated and

recognized as the county's TPA in accordance with and pursuant

to the act of July 4, 2008 (P.L.621, No.50), known as the

Tourism Promotion Act.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration is payable to the operator under an express

or an implied contract.

"Transient." An individual who obtains accommodation in a

hotel by means of registering at the facility for the temporary

occupancy of a room for the personal use of the individual by

paying a fee to the operator.

§ 17505. Hotel room rental tax in certain third class counties.

(a) Imposition.--A county may, by ordinance, impose a tax

which shall be known as the hotel room rental tax on the

consideration received by each operator of a hotel within the

county from each transaction of renting a room or rooms to

accommodate temporary residents. The tax shall be collected by

the operator from the patron of the room and paid over to the

county where the hotel is located as provided under this

20210SB0831PN1030 - 529 -

section.

(b) Rate of tax.--The tax imposed under subsection (a) shall

be equal to 4% of the consideration received from each

transaction of renting a room or rooms to accommodate temporary,

not permanent, residents.

from the patron and paid over to the county where the hotel is

located. The county executive of each county is hereby

authorized to establish rules and regulations governing the

collection of the tax, which collection shall not occur more

often than monthly and not less than quarterly.

(d) Distribution of tax revenue.--Money received under

subsection (c) and interest accrued shall be distributed by the

fiscal officer of each county as follows:

(1) Each county shall within 10 days of receipt transmit

68.75% of the money collected in that county to the regional

tourist promotion agency which serves more than one county

and which is designated by the governing body of the county

to be eligible for grants from the Department of Community

and Economic Development pursuant to the act of April 28,

1961 (P.L.111, No.50), known as the Tourist Promotion Law.

(2) Each county shall retain 18.75% of the money

collected in that county for the further development of

tourism facilities and for community development initiatives

within that county that enhance regional tourism.

(3) Each county shall retain 12.5% of the money

collected in that county for the further development of

facilities and for marketing purposes within that county to

enhance regional tourism.

(e) Definitions.--The following words and phrases when used

20210SB0831PN1030 - 530 -

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property of any kind or nature or other payment

received by operators in exchange for or in consideration of the

use or occupancy by a transient of a room or rooms in a hotel

for a temporary period.

"County." Any county which is, on June 22, 2000, a county of

the third class having a population under the 1990 Federal

Decennial Census in excess of 290,000 residents but less than

295,000 residents or a county of the third class having a

population under the 1990 Federal Decennial Census in excess of

245,000 residents but less than 250,000 residents.

"Hotel." A hotel, motel, inn, guesthouse or other structure

which holds itself out by any means, including advertising,

license, registration with an innkeepers' group, convention

listing association, travel publication or similar association

or with a government agency, as being available to provide

overnight lodging for consideration to persons seeking temporary

accommodation; any place which advertises to the public at large

or any segment thereof that it will provide beds, sanitary

facilities or other space for a temporary period to members of

the public at large; or any place recognized as a hostelry. The

term does not include any portion of a facility that is devoted

to persons who have an established permanent residence or a

college or university student residence hall or any private

campground or any cabins, public campgrounds or other facilities

located on State land.

"Joint planning commissions." A commission established by

ordinance or membership of two or more municipalities to

20210SB0831PN1030 - 531 -

encourage planning for future development and to coordinate

planning with neighboring municipalities, counties and other

government agencies in accordance with Article XI of the act of

July 31, 1968 (P.L.805, No.247), known as the Pennsylvania

Municipalities Planning Code.

"Operator." Any individual, partnership, nonprofit or

profit-making association or corporation or other person or

group of persons who maintain, operate, manage, own, have

custody of or otherwise possess the right to rent or lease

overnight accommodations in a building to the public for

consideration.

"Patron." Any person who pays the consideration for the

occupancy of a room or rooms in a hotel.

"Permanent resident." Any person who has occupied or has the

right to occupy a room or rooms in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Room." A space in a building set aside for use and

occupancy by patrons, or otherwise, for consideration, having at

least one bed or other sleeping accommodations provided.

"Temporary resident." Any person who has occupied or has the

right to occupy a room or rooms in a hotel as a patron or

otherwise for a period of time not exceeding 30 consecutive

days.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration emanates to the operator under an expressed

or implied contract.

"Transient." Any person who obtains an accommodation in any

hotel for himself by means of registering at the facility for

the temporary occupancy of a room for the personal use of that

20210SB0831PN1030 - 532 -

individual by paying to the operator of the facility a fee in

consideration therefor.

§ 17506. (Reserved).

§ 17507. Hotel room rental tax in third through eighth c lass

counties.

(a) Imposition.--A county may, by ordinance, impose a tax

which shall be known as the hotel room rental tax on the

consideration received by each operator of a hotel within the

county from each transaction of renting a room or rooms to

accommodate transients. The tax shall be collected by the

operator from the patron of the room and paid over to the county

where the hotel is located as provided under this section.

(b) Limitation on tax rate.--The rate of tax imposed under

this section shall not exceed 5%.

each county electing to impose the tax authorized under this

section shall collect the tax and deposit the revenues received

from the tax in a special fund established for that purpose.

Subsequent to the deduction for administrative costs established

in subsection (i), the county shall distribute to the recognized

tourist promotion agency all revenues received from the tax not

later than 60 days after receipt of the tax revenues.

(d) Use of tax revenue.--The revenues from the special fund

shall be used by the recognized tourist promotion agency for any

of the following purposes:

(1) Marketing the area served by the agency as a leisure

travel destination.

(2) Marketing the area served by the agency as a

business, convention or meeting travel destination.

(3) Using all appropriate marketing tools to accomplish

20210SB0831PN1030 - 533 -

these purposes, including, but not limited to, advertising,

publicity, publications, direct marketing, sales, technology

and participation in industry trade shows that attract

tourists or travelers to the area served by the agency.

(4) Programs, expenditures or grants that are directly

and substantially related to tourism or a business,

convention or meeting travel destination within the county,

augment and do not compete with private sector tourism or

travel efforts and improve and expand the county as a

destination market as deemed necessary by the recognized

tourist promotion agency. The following shall apply to grants

awarded under this paragraph:

(i) Grants require a cash or in-kind local match of

at least 25%.

(ii) Grants may not be used for signage that

promotes a specific private entity on the situs of that

entity, except where the signage also carries the logo of

a recognized tourist promotion agency.

(5) Any other tourism or travel marketing or promotion

program, expenditure or project that does not compete with

private sector tourism or travel efforts as deemed necessary

by the recognized tourist promotion agency.

(e) Concurrent tax years.--Each taxable year for any tax

imposed under this section shall run concurrently with the

county's fiscal year.

(f) Audit.--An audited report or financial statement, as

determined by the county in consultation with the recognized

tourist promotion agency, on the income and expenditures

incurred by a recognized tourist promotion agency receiving any

revenues from the tax authorized under this section shall be

20210SB0831PN1030 - 534 -

submitted annually by the recognized tourist promotion agency to

the county commissioners.

(g) Sanction.--The following shall apply:

(1) If a recognized tourist promotion agency fails to

submit an annual audit report or financial statement required

under subsection (f) within 90 days of the end of the

recognized tourist promotion agency's fiscal year, the

corresponding county may withhold tax revenues collected and

deposited in a special fund under this section until the

required annual audit report or financial statement is

submitted to the county.

(2) In the event the county does not take action under

paragraph (1) within 120 days of the end of the recognized

tourist promotion agency's fiscal year, the Secretary of

Community and Economic Development may require the county to

withhold tax revenues collected and deposited in a special

fund under this section until the required annual audit

report or financial statement is submitted to the county and

the Department of Community and Economic Development.

(h) Conflict of interest.--Any board member, director,

officer or employe of a recognized tourist promotion agency

shall disclose to the recognized tourist promotion agency the

nature of any conflict of interest or financial interest and

recuse himself or herself from any action taken on behalf of the

recognized tourist promotion agency which may result in a

private pecuniary benefit to the individual, a member of the

individual's immediate family or a business with which the

individual or a member of the individual's immediate family is

associated.

(i) Administrative costs.--For the purposes of defraying the

20210SB0831PN1030 - 535 -

costs associated with the collection of the tax imposed under

this section and otherwise performing its obligations under this

section, the county may deduct and retain an administrative fee

from the taxes collected under this section. The administrative

fee shall be established by the county but shall not exceed 4%

of the taxes collected in any taxable year.

(j) Penalty.--A penalty of 1.5% per month shall be imposed

upon the operator of a hotel for failure to timely collect and

remit the tax authorized by this section. In addition to other

remedies available for collection of debts, the county may file

a lien upon the hotel in the name of the county and for the use

of the county as provided by law.

(k) Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Bed and breakfast" or "homestead." A public accommodation

consisting of a private residence, which contains 10 or fewer

bedrooms, used for providing overnight accommodations to the

public and in which breakfast is the only meal served and is

included in the charge for the room.

"Cabin." A permanent structure with beds and running water

that is located on a campground on State land or private

property and is available to provide overnight lodging for

consideration to persons seeking temporary accommodations. The

term does not include a yurt or walled tent.

"Conflict of interest." Use by a board member, director,

officer or employe of a recognized tourist promotion agency of

the authority of his or her office or employment or any

confidential information received through his or her capacity in

relation to a recognized tourist promotion agency for the

20210SB0831PN1030 - 536 -

private pecuniary benefit of himself or herself, a member of his

or her immediate family or a business with which he or she or a

member of his or her immediate family is associated. The term

does not include an action having a de minimis economic impact

or which affects to the same degree a class consisting of the

general public or a subclass consisting of an industry,

occupation or other group which includes a board member,

director, officer or employe, a member of his or her immediate

family or business with which he or she or a member of his or

her immediate family is associated.

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property of any kind or nature or other payment

received by operators in exchange for or in consideration of the

use or occupancy by a transient of a room or rooms in a hotel

for a temporary period.

"County." Any county of the third through eighth class that

was authorized to levy a hotel occupancy or room rental tax

under the former sections 1770.2 or 1770.6 of the County Code.

"Hotel." A hotel, motel, inn, guesthouse, rooming house, bed

and breakfast, homestead or other structure which holds itself

out by any means, including advertising, license, registration

with an innkeepers' group, convention listing association,

travel publication or similar association or with a government

agency, as being available to provide overnight lodging for

consideration to persons seeking temporary accommodation; any

place which advertises to the public at large or any segment

thereof that it will provide beds, sanitary facilities or other

space for a temporary period to members of the public at large;

any place recognized as a hostelry or any cabin. The term does

not include any of the following:

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(1) A charitable institution.

(2) A portion of a facility that is devoted to persons

who have an established permanent residence.

(3) A college or university student residence hall

currently occupied by students enrolled in a degree program.

(4) An educational or religious institution camp for

children, including a camp registered under the act of

November 10, 1959 (P.L.1400, No.497), entitled "An act

providing for the annual registration of organized camps for

children, youth and adults; defining the duties of the

Department of Health of the Commonwealth of Pennsylvania; and

prescribing penalties."

(5) A hospital.

(6) A nursing home.

(7) Part of a campground that is not a cabin.

"Immediate family." A spouse, parent, brother, sister or

child.

"Marketing." An action by a recognized tourism promotion

agency that includes, but is not limited to, promoting and

encouraging visitors to visit a specific county, counties or

geographic region.

"Occupancy." The use or possession or the right to the use

or possession by any person other than a permanent resident of

any room in a hotel for any purpose or the right to the use or

possession of the furnishings or to the services accompanying

the use and possession of the room.

"Operator." Any individual, partnership, nonprofit or

profit-making association or corporation or other person or

group of persons who maintain, operate, manage, own, have

custody of or otherwise possess the right to rent or lease

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overnight accommodations in a building to the public for

consideration.

"Patron." Any person who pays the consideration for the

occupancy of a room or rooms in a hotel.

"Permanent resident." A person who has occupied or has the

right to occupancy of a room or rooms in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Recognized tourist promotion agency." The nonprofit

corporation, organization, association or agency which is

engaged in planning and promoting programs designed to stimulate

and increase the volume of tourist, visitor and vacation

business within a county and certified by the county as of April

20, 2016, or under section 17508 (relating to certification of

recognized tourist promotion agencies).

"Room." A space in a building set aside for use and

occupancy by patrons or otherwise, for consideration, having at

least one bed or other sleeping accommodations provided.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration emanates to the operator under an expressed

or implied contract.

"Transient." An individual who obtains accommodation in a

hotel by means of registering at the facility for the temporary

occupancy of a room for the personal use of the individual by

paying a fee to the operator.

§ 17508. Certification of recognized tourist promotion

agencies.

(a) Authorization.--A county may certify a nonprofit

corporation, organization, association or agency to serve as the

county's recognized tourist promotion agency. The county may not

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have more than one recognized tourist promotion agency.

(b) Procedure for certification.--The following shall apply:

(1) A county must certify a recognized tourist promotion

agency under subsection (a) by proper resolution of the

governing body of the county, concurred in by resolution of

the governing bodies of cities, boroughs, towns or townships

within the county which have an aggregate of more than 50% of

the total population of the county as determined by the most

recently completed Federal decennial census.

(2) A recognized tourist promotion agency shall operate

until that agency has dissolved as an entity, withdrawn its

certification or has been decertified by the county under

subsection (c).

(1) Notwithstanding any other provision of law, a county

may decertify a recognized tourist promotion agency by proper

resolution of the governing body of a county, concurred in by

resolution of the governing bodies of cities, boroughs, towns

or townships within the county which have an aggregate of

more than 65% of the total population of the county as

determined by the most recently completed Federal decennial

census.

(2) The county shall hold at least one public hearing on

decertification no less than seven days before a meeting to

adopt a resolution under this subsection.

(3) This subsection shall apply to recognized tourist

promotion agencies, regardless of the date on which they were

recognized under the act of July 4, 2008 (P.L.621, No.50),

known as the Tourism Promotion Act, or certified by the

county under this section or former section 177.11 of the

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County Code.

§ 17509. Hotel room rental tax in second class and second class

A counties.

(a) Imposition of excise tax.--The following shall apply:

(1) The county commissioners in each county of the

second class are authorized to impose an excise tax at 5% on

the consideration received by each operator of a hotel within

the county from each transaction of renting a room or rooms

to accommodate transients.

(2) The county commissioners in each county of the

second class A are authorized to impose an excise tax not to

exceed 5% on the consideration received by each operator of a

hotel within the county from each transaction of renting a

room or rooms to accommodate transients.

(3) The tax shall be collected by the operator from the

patron of the room and paid over to the county as provided in

this section.

(b) Collection, deposit and distribution for county of the

second class.--The treasurer of each county of the second class

electing to impose the tax authorized under this section is

directed to collect the tax and to deposit the revenue received

from the tax in a special fund. The revenues shall be

distributed by the county commissioners as follows:

(1) Except as set forth in clause (5), two-fifths of the

revenue received by the county from the excise tax shall be

distributed to a tourist promotion agency pursuant to section

2199.14 of the act of July 28, 1953 (P.L.723, No.230), known

as the Second Class County Code.

(2) Except as set forth in clause (5), one-third of the

tax collected by hotels within a municipality where a

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convention center or exhibition hall is located, less the

cost of collecting the tax, shall, at the request of that

municipality, be returned to that municipality for deposit in

that municipality's special fund established solely for

purposes of paying for promotional programs implemented by a

nonprofit organization which are designed to stimulate and

increase the volume of conventions and visitors within the

municipality or as provided in clause (7), subject to the

following requirements:

(i) An audited report on the income and expenditures

incurred by the municipality receiving funds from the

excise tax on hotel room rentals shall be made annually

to county.

(ii) The members of the board of directors or other

governing body of the nonprofit organization utilized by

the municipality to provide the promotional programs

shall be appointed by the governing body of the

municipality.

(3) Except as set forth in clause (5), a 5% fee shall be

paid to the county for collecting the tax.

(4) Except as set forth in clause (5), all remaining

revenue from the tax received by the county, after paying the

amounts set forth in clauses (1), (2) and (3), shall be used

for operational and maintenance expenditures of the

convention center or exhibition hall as provided in

subsection (d) and for regional tourist promotion activities.

(5) Subject to clause (6), if bonds are issued by the

public authority to provide permanent financing or

refinancing of the expansion of and capital improvements to

the convention center or exhibition hall, the revenue

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received from the tax and deposited in the special fund shall

not be distributed as set forth in clauses (1) through (4)

but shall be distributed by the county commissioners in the

order of priority as follows:

(i) First, to the payment of all amounts set forth

in clause (2).

(ii) Second:

(A) to the trustee for the bonds in accordance

with the provisions of the indenture pursuant to

which the bonds are issued, to be used for the

payment of debt service on the bonds; and

(B) to the payment of all amounts set forth in

clause (3):

(I) in full; or

(II) if the revenues are insufficient to

make the payment in full, pro rata.

(iii) Third, to the payment of all amounts set forth

in clause (1).

(iv) Fourth, as set forth in clause (4).

(6) Clause (5) shall not apply to bonds issued

subsequent to the permanent financing for purposes of

completion or subsequent expansions or capital improvements.

(7) If a convention center or exhibition hall

discontinues operation in a municipality in which a

convention center or exhibition hall is located, the

municipality shall continue to collect and receive the tax,

which shall be deposited by the municipality and used for the

purposes as provided in clause (2).

The treasurer of each county of the second class A electing to

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impose the tax authorized under this section is directed to

collect the tax and to deposit the revenue in a special fund

established solely for purposes of travel and tourism promotion

and advertising related to travel and tourism promotion. The

treasurer is authorized to establish rules and regulations

concerning the collection of the tax.

(d) Limitation on use of fund for counties of the second

class.--The following shall apply:

(1) In counties of the second class, expenditures from

the fund established under subsection (b) shall be used for

all purposes which a public authority may determine to be

reasonably necessary to the support, operation and

maintenance of a convention center or exhibition hall,

including the following:

(i) Advertising and publicizing tourist attractions

in the area served by the recognized tourist promotion

agency.

(ii) Promoting and otherwise encouraging the use of

the facilities in the area served by the recognized

tourist promotion agency by the public as a whole.

(iii) Promoting and attracting conventions,

exhibitions and other functions to utilize facilities in

the area served by the recognized tourist promotion

agency.

(iv) Precompletion advertising and publicizing of

any convention center or exhibition hall.

(v) Promoting and attracting conventions,

exhibitions and other functions to utilize the convention

center or exhibition hall.

(vi) Promoting and otherwise encouraging the use of

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the premises by the public as a whole or any segment of

the public.

(vii) Operating, furnishing and otherwise

maintaining and equipping the premises and realty

appurtenant to the premises.

(viii) Furnishing and equipping the building and

grounds.

(2) It is the intention of this subsection that the

receipts from any tax imposed under this section after

payment of the distributions under subsection (b)(1), (2),

(3), (4) and (5) be used in the county to offset the entire

operating deficit, if any, of any convention center or

exhibition hall including equally, shares of any cooperating

political subdivision or agency of government incurred

pursuant to any agreement. The operating deficit shall be

determined by the public authority which is the designated

operating agency of the convention center or exhibition hall.

(e) Limitation on use of fund for counties of second class

A.--The following shall apply:

(1) In counties of the second class A, expenditures from

the fund established under subsection (c) shall be annually

appropriated by the county commissioners for tourist

promotion activities, to be executed by the recognized

tourist promotion agency for the following:

(i) Marketing the area served by the recognized

tourist promotion agency as a leisure travel destination.

(ii) Marketing the area served by the recognized

tourist promotion agency as a convention, business or

meeting travel destination.

(iii) Marketing the area served by the recognized

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tourist promotion agency to the public as a whole for use

of its tourist and convention facilities.

(iv) Using all appropriate marketing tools to

accomplish these purposes, including advertising,

publicity, publications, direct marketing, sales,

technology and participation in industry trade shows that

attract tourists or travelers to the area served by the

recognized tourist promotion agency.

(v) Programs, expenditures or grants that directly

and substantially relate to tourism or a business,

convention or meeting travel destination within a county

of the second class A, that augment and do not compete

with private sector tourism or travel efforts and that

improve and expand a county of the second class A as a

destination market as deemed necessary by the recognized

tourist promotion agency. The following shall apply to

grants awarded under this subclause:

(A) Grants shall have a cash or in-kind local

match of at least 25%.

(B) Grants may not be used for signage that

promotes a specific private entity on the situs of

the entity, except where the signage carries the logo

of a recognized tourist promotion agency.

(vi) Any other tourism or travel marketing or

promotion program, expenditure or project that does not

compete with private sector tourism or travel efforts as

deemed necessary by the recognized tourist promotion

agency.

(2) For the purposes of defraying the costs associated

with the collection of the tax imposed under this section and

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otherwise performing their obligations under this section,

the county commissioners of a county of the second class A

may deduct and retain an administrative fee from the taxes

collected under this section. The administrative fee shall be

established by the county of the second class A and shall not

exceed 4% of the taxes collected in any taxable year.

(3) As determined by a county of the second class A in

consultation with the recognized tourist promotion agency, an

audited report or financial statement of the income and

expenditures incurred by a recognized tourist promotion

agency receiving revenue from the tax authorized under this

section shall be submitted annually by the recognized tourist

promotion agency to the county commissioners.

(4) A penalty of 1.5% per month shall be imposed upon

the operator of a hotel in a county of the second class A for

failure to timely collect and remit the tax authorized by

this section. In addition to other remedies available for

collection of debts, a county of the second class A may file

a lien upon the hotel in the name of the county and for the

use of the county as provided by law.

(f) Duration of section.--The following shall apply:

(1) The provisions of this section relating to counties

of the second class shall remain in force from year to year.

The following apply:

(i) Revenue in excess of amounts needed to pay the

distributions under subsection (b.1)(1), (2), (2.1), (3)

and (4) and to offset operating deficits under

subsections (b.1)(3) and (d) shall be determined by the

public authority and may be accumulated.

(ii) At the discretion of the cooperating political

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subdivisions and the public authority, any revenue may be

used to:

(A) provide part or all of an annual payment to

be paid by a county or a political subdivision under

an agreement with a public authority created under

the act of July 29, 1953 (P.L.1034, No.270), known as

the Public Auditorium Authorities Law, which has been

designated as the operating agency for a convention

center or exhibition hall; or

(B) effect necessary expansion or further

capital improvements.

(2) The provisions of this section relating to counties

of the second class A shall remain in force and effect for

three years from February 14, 1986, and may be continued

thereafter by ordinance or resolution of the county

commissioners of the respective counties.

(g) Concurrent tax years.--Each taxable year for a tax

imposed under this section shall run concurrently with the

calendar year.

(h) Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Cabin." A permanent structure with beds and running water

that is located on a campground on State land or private

property and is available to provide overnight lodging for

consideration to persons seeking temporary accommodations. The

term does not include a yurt or walled tent.

"Consideration." Receipts, fees, charges, rentals, leases,

cash, credits, property or other payment received by operators

in exchange for or in consideration of the use or occupancy by a

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transient of a room in a hotel for a temporary period.

"Convention center or exhibition hall." A building or series

of buildings:

(1) at least one of which contains a minimum of 75,000

gross square feet of exhibition space for shows and

conventions;

(2) which are not used for the retail sale of

merchandise or part of any shopping center, mall or other

retail center; and

(3) a major function of which is to house meetings,

exhibitions, shows, conventions, assemblies, convocations and

similar gatherings. The term includes land appurtenant to the

building or buildings.

"Cooperating political subdivision or agency of government."

A city or public authority located in a county:

(1) within the boundaries of which a convention center

or exhibition hall is planned or constructed; and

(2) which shares with the county duties, obligations or

privileges with respect to that convention center.

"Hotel." A hotel, motel, inn, guesthouse, rooming house, bed

and breakfast, homestead or other structure which holds itself

out by any means, including advertising, license, registration

with an innkeepers' group, convention listing association,

travel publication or similar association or with a government

agency, as being available to provide overnight lodging for

consideration to persons seeking temporary accommodation; any

place which advertises to the public at large or any segment

thereof that it will provide beds, sanitary facilities or other

space for a temporary period to members of the public at large;

any place recognized as a hostelry or any cabin. The term does

20210SB0831PN1030 - 549 -

not include any of the following:

(1) A charitable institution.

(2) A portion of a facility that is devoted to persons

who have an established permanent residence.

(3) A college or university student residence hall

currently occupied by students enrolled in a degree program.

(4) An educational or religious institution camp for

children, including a camp registered under the act of

November 10, 1959 (P.L.1400, No.497), entitled "An act

providing for the annual registration of organized camps for

children, youth and adults; defining the duties of the

Department of Health of the Commonwealth of Pennsylvania; and

prescribing penalties."

(5) A hospital.

(6) A nursing home.

(7) Part of a campground that is not a cabin.

"Municipality." Notwithstanding 53 Pa.C.S. § 8401 (relating

to definitions), a township or borough or a home rule

municipality which was formerly a township or borough.

"Occupancy." The use or possession or the right to the use

or possession by any person other than a permanent resident of a

room in a hotel for any purpose or the right to the use or

possession of the furnishings or to the services accompanying

the use and possession of the room.

"Operating deficit." The excess of expenses over receipts

from the operation and management of a convention center or

exhibition hall.

"Operator." Any individual, partnership, nonprofit or

profit-making association or corporation or other person or

group of persons that maintain, operate, manage, own, have

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custody of or otherwise possess the right to rent or lease

overnight accommodations in a hotel to the public for

consideration.

"Patron." A person that pays the consideration for the

occupancy of a room in a hotel.

"Permanent resident." An individual who has occupied or has

the right to occupancy of a room in a hotel as a patron or

otherwise for a period exceeding 30 consecutive days.

"Recognized tourist promotion agency." The nonprofit

corporation, organization, association or agency which is

engaged in planning and promoting programs designed to stimulate

and increase the volume of tourist, visitor and vacation

business within a county and certified by the county pursuant to

the act of July 4, 2008 (P.L.621, No.50), known as the Tourism

Promotion Act.

"Regional tourist promotion activities." Services,

activities, facilities and events, which result in a significant

number of nonresidents visiting a county of the second class for

recreational, cultural or educational purposes.

"Room." A space in a hotel set aside for use and occupancy

by patrons, or otherwise, for consideration, having at least one

bed or other sleeping accommodation.

"Substantial completion." Construction which is sufficiently

completed in accordance with contract documents and certified by

the convention center authority's architect or engineer, as

modified by change orders so that:

(1) the main convention area can be used, occupied or

operated for its intended use; and

(2) at least 90% of the work on the main convention or

exhibition area is complete.

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"Temporary." A period of time not exceeding 30 consecutive

days.

"Transaction." The activity involving the obtaining by a

transient or patron of the use or occupancy of a hotel room from

which consideration emanates to the operator under an express or

an implied contract.

"Transient." An individual who obtains accommodation in any

hotel for himself by means of registering at the facility for

the temporary occupancy of any room for the personal use of that

individual by paying to the operator of the facility a fee in

consideration for the accommodation.

Section 5. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the amendment or

addition of 16 Pa.C.S. Pts. I, II, III and IV.

(2) The act of August 9, 1955 (P.L.323, No.130), known

as The County Code, is repealed.

(3) The General Assembly declares that the repeals under

paragraph (4) are necessary to effectuate the addition of

section 311(e).

(4) Sections 210 and 211 of the act of July 28, 1953

(P.L.723, No.230), known as the Second Class County Code, are

repealed.

Section 6. The amendment or addition of 16 Pa.C.S. Pts. I,

II, III and IV is a continuation of the act of August 9, 1955

(P.L.323, No.130), known as The County Code. The following

apply:

(1) Except as otherwise provided in 16 Pa.C.S. Pts. I,

II, III and IV, all activities initiated under The County

Code shall continue and remain in full force and effect and

20210SB0831PN1030 - 552 -

may be completed under 16 Pa.C.S. Pts. I, II, III or IV.

Orders, regulations, rules and decisions which were made

under The County Code and which are in effect on the

effective date of section 5(2) of this act shall remain in

full force and effect until revoked, vacated or modified

under 16 Pa.C.S. Pts. I, II, III and IV. Contracts,

obligations and collective bargaining agreements entered into

under The County Code are not affected nor impaired by the

repeal of The County Code.

(2) Except as provided in paragraph (3), any difference

in language between 16 Pa.C.S. Pts. I, II, III and IV and The

County Code is intended only to conform to the style of the

Pennsylvania Consolidated Statutes and is not intended to

change or affect the legislative intent, judicial

construction or administration and implementation of The

County Code.

(3) Paragraph (2) shall not apply to the following:

(i) The addition of 16 Pa.C.S. § 12305(d).

(ii) The addition of 16 Pa.C.S. § 14930(b)(4).

(iii) The addition of 16 Pa.C.S. § 15102(l).

(iv) The addition of 16 Pa.C.S. § 15351.

Section 7. This act shall take effect in 60 days.

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