Regular Session 2023-2024 Senate Bill 0945 P.N. 1111

PRINTER'S NO. 1111

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

945

Session of

2023

INTRODUCED BY BROWN, HUTCHINSON, DUSH, KEARNEY AND COMITTA,

SEPTEMBER 22, 2023

REFERRED TO LOCAL GOVERNMENT, SEPTEMBER 22, 2023

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 repeals.

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 October 1, 2021, 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

marked as provided under this title.

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(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 (relating to

Commonwealth Court designation of neutral court and appointment

of commission) 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)

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.

1125. Other county officers and employees.

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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

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

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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,

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

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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.

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

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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

in accordance with the following:

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(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

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

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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.

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

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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

of the person holding the office or position.

20230SB0945PN1111 - 22 -

(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

offices.

20230SB0945PN1111 - 23 -

§ 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

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

20230SB0945PN1111 - 24 -

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.

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

20230SB0945PN1111 - 25 -

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

agency or the governing authority.

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(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

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

20230SB0945PN1111 - 27 -

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

shall not require the approval of any Commonwealth agency or

20230SB0945PN1111 - 28 -

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 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.

20230SB0945PN1111 - 29 -

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.

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

20230SB0945PN1111 - 30 -

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

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

20230SB0945PN1111 - 31 -

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

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.

20230SB0945PN1111 - 32 -

"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

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

20230SB0945PN1111 - 33 -

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

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.

20230SB0945PN1111 - 34 -

(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

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.

20230SB0945PN1111 - 35 -

(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

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.

20230SB0945PN1111 - 36 -

(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

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

20230SB0945PN1111 - 37 -