SECOND CLASS COUNTY CODE
Act of Jul. 28, 1953, P.L. 723, No. 230
AN ACT
Cl. 16
Relating to counties of the second class and second class A;
amending, revising, consolidating and changing the laws
relating thereto. (Title amended Oct. 20, 1967, P.L.472,
No.224)
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which
created the Department of Community and Economic
Development and abolished the Department of Community
Affairs, provided that all other powers and duties
delegated to the Department of Community Affairs not
otherwise expressly transferred elsewhere by Act 58 and
currently performed by the Department of Community
Affairs under Act 230 are transferred to the Department
of Community and Economic Development.
Compiler's Note: Section 2104 of Act 32 of 1989 provided
that Act 230 is repealed insofar as it is inconsistent
with Act 32.
Compiler's Note: Section 1 of Act 165 of 1970 provided that
the limits heretofore imposed by Act 230 upon the rates
of interest and interest costs permitted to be paid
upon bonds, obligations and indebtedness issued by the
Commonwealth or its agencies or instrumentalities or
authorities, and by local political subdivisions or
their agencies or authorities, are hereby removed for
such bonds, obligations or indebtedness.
Compiler's Note: Pursuant to the act of Oct. 20, 1967,
P.L.472, No.224 and others, the Second Class County
Code has been made partially applicable to counties of
the second class A. However, under certain
circumstances this act may apply only to one or the
other, with other acts applying to the other.
Therefore, please be careful whenever reading any
provision to ascertain its correct application.
CONTENTS
Article I. Preliminary Provisions ..............
Article II. Names and Corporate Powers;
Classification of Counties ..................
(a) Division of the State into
Counties; Corporate Powers ..
201-203
(b) Classification .................
210-211
Article III. Fixing and Relocating Lines and
Boundaries ..................................
Article IV. County Officers ....................
401-413
(a) General Provisions .............
420-431
(b) Official Bonds .................
(c) State Associations .............
432-437
(d) Removal of County Officers .....
450
460
(e) Conduct of Official Business ...
(f) Destruction of Valueless
Records .....................
470-472
Sections
101-111
201-211
301-306
401-472
501-521
Article V. County Commissioners and Chief Clerk
(a) Commissioners .................. 501-511
(b) Chief Clerk of County
Commissioners ............... 520-521
501-A
Article V-A. Civil Service .....................
601-605
Article VI. Controller .........................
701-708
Article VII. Lot and Block System ..............
Article VIII. Treasurer ........................
801-807
Article IX. County Solicitor ...................
901-904
1001-1002
Article X. Engineer ............................
1101-1106
Article XI. Board of Viewers (Repealed) ........
Article XII. Sheriff and Coroner ...............
1201-1263
(a) Sheriff ......................
1201-1217
1231-1250
(b) Coroner ......................
(c) Provisions Relating to
Sheriffs and Coroners .....
1260-1263
Article XIII. Prothonotary; Clerk of Court; Clerk
of Orphans' Court; Register of Wills; Recorder
1301-1315
of Deeds ....................................
Article XIV. District Attorney, Assistants and
1401-1441
Detectives ..................................
1401-1408
(a) District Attorney ............
(b) Assistant District Attorneys,
Stenographers and Clerks ..
1420-1422
(c) County Detectives ............
1440-1441
Article XV. Police, Firemen, Fire Inspectors and
1501-1532
Employes of Jails and Workhouses ............
(a) Police, Firemen and Fire
Inspectors ................
1501-1525
(b) Employes of Jails and
Workhouses ................
1531-1532
Article XVI. Commission for the Selection of
1601
Jurors (Repealed) ...........................
1701-1717
Article XVII. Employes' Retirement System ......
Article XVIII. Fees of Salaried County Officers;
1801-1825
Salary Board ................................
(a) Fees of County Officers ......
1801-1810
(b) Salary Board .................
1820-1825
1901-1997
Article XIX. Fiscal Affairs ...................
1901-1904
(a) Fiscal Policy and Systems ....
(b) Accounts, Audits and Reports
by Controller .............
1920-1938
(c) Disbursals of County Moneys ..
1950-1954
(d) County Treasury, County
Depositories and Investment
of Moneys .................
1960-1964
(e) County Taxation, Borrowing
and Transfer of Funds .....
1970-1976
1980-1982
(f) Budgets ......................
1990-1995
(g) Sinking Fund Commission ......
1997
(h) Sale of Revenue Bills ........
Article XIX-A. Optional Assessed Value
Limitations ................................ 1901-A-1906-A
Article XIX-B. Special Provisions for
Assessments ................................ 1901-B-1902-B
2001-2003
Article XX. Contracts .........................
Article XXI. Special Powers and Duties of the
2101-2199.18
County ......................................
(a) Appropriations for
Military Purposes ...
2101-2104
(b) Burial of Deceased
Service Persons and
Widows ..............
2108-2116
(c) Memorial Observances ...
2121-2123
2128-2130
(d) County Histories .......
(e) Animal and Plant
Husbandry ...........
2135-2138
2143
(f) Communications .........
(g) Prevention and Control
of Floods ...........
2147
(h) Aid to Fire Fighting
Departments and
Companies ...........
2152
(i) Utilities ..............
2155-2157
(j) Law Libraries
(Repealed) ..........
2162
2171
(k) Rewards ................
(l) Garbage and Refuse
Disposal ............
2175-2193
2195-2197
(m) Smoke Control ..........
(n) Surplus Foods and Food
Stamp Program .......
2198-2198.1
(o) Museums of Fine Art or
Natural History .....
2199
(p) Public Defender
(Repealed) ..........
2199.1-2199.8
(p.1)Legal Aid Services ....
2199.1A
(q) Parking Facilities .....
2199.9
(r) Traffic Control Devices
2199.10
(s) Reservoirs and Water
Resources ...........
2199.11
(t) Appropriations for
Recreation ..........
2199.12
(u) Industrial Development
and Tourist Promotion
Agencies ............
2199.13-2199.15
(v) Health and Welfare
Programs with the
Federal Government ..
2199.16
(w) Non-debt Revenue Bonds
for Industrial
Development Projects
2199.17
(x) Insurance
Liability for Errors
and Omissions
(Repealed) ..........
2199.18
Article XXI-A. Production of Electricity ...... 2101-A-2106-A
2201-2251
Article XXII. Planning, Zoning and Traffic ....
(a) County and Regional Planning
Commissions ................ 2201-2211
(b) County Zoning ................. 2220-2239
(c) County Transit and Traffic
Commission ................. 2250-2251
Article XXII-A. Residential Finance Authorities 2201-A-2209-A
Article XXIII. Public Health ..................
2301-2355
2301
(a) General Provisions ............
(b) County and Joint County
Hospitals ..................
2310-2325
(c) County Health Aid to
Institutions and Political
Subdivisions ...............
2330-2333
(d) Joint Management of County
and City Hospitals .........
2350-2355
2401-2409
Article XXIV. Aeronautics ......................
Article XXV. Grounds, Property and Buildings ...
2501-2595
(a) General Provisions ............
2501-2503
(b) Acquisition, Use, Leasing and
Disposing of Property for
County ....................
2505-2511
(c) Construction or Alteration of
County Buildings ..........
2515-2520
(d) Policing, Administration and
Public Order of Grounds and
Building ..................
2525-2529
(e) Special Provisions for
Temporary County Buildings
and for Rooms in County
Buildings .................
2535-2543
(e.1)Special Provisions for
Temporary County Buildings
and for Rooms in County
Buildings in Counties of
the Second Class A ....... 2543.1-2543.6
(f) Improvement of Streets Along
County Buildings; Street
Lighting ..................
2545-2546
(g) Comfort Stations, Parks and
Comfort Houses ............
2550
2555-2572
(h) Monuments and Memorials ......
(i) Public Auditoriums, Public
Libraries, Public Memorial
Buildings and Monuments ...
2577-2579
2583-2586
(j) Orphans' and Childrens' Homes
(k) Morgues ......................
2590
(l) Warehouses ...................
2595
2501-A-2518-A
Article XXV-A. Sports and Exhibition Authority
Article XXVI. Eminent Domain and Injury to
2601-2633
Property ....................................
Articles XXVII and XXVIII. Bridges, Viaducts and
2701-2857
Culverts ....................................
(a) General Authority and
Procedure .................
2701-2734
(b) Authorization and
Construction ..............
2751-2758
(c) On Action of County
Commissioners .............
2771-2781
(d) Between Municipalities on
2791-2797
Petition of Resident
Taxpayers .................
(e) Joint Action of Counties or
County and City ...........
2801-2804
2811-2813
(f) Acquisition of Bridges ........
(g) Acquiring and Rebuilding
Bridges Privately Owned or
Built by Public Subscription
2821-2824
..........................
(h) Erected by Private Persons or
by Public Subscriptions and
Donated to County .........
2831-2834
2841-2845
(i) Leasing of Toll Bridges .......
(j) Joint Action with
Municipalities ............
2851-2857
Article XXIX. Roads ............................
2901-2956
(a) Authorization, Construction
and Maintenance ............
2901-2907
(b) Vacation as County Roads ......
2909
(c) Continuous Highways from One
County to Another ..........
2912
(d) County Aid to Municipalities
and Townships ..............
2920-2934
2940-2942
(e) Detours .......................
2950-2956
(f) Protection of Roads ...........
Article XXX. Recreation Places .................
3001-3053
3001-3007
(a) General .......................
3025-3035
(b) Parks .........................
3050-3053
(c) Fair Grounds ..................
Article XXX-A. County Jail Oversight Board ..... 3001-A-3009-A
Article XXXI. Fire Marshals In Counties of the
3101-3110
Second Class ................................
Article XXXI-A. Fire Marshals and Assistants in
3101-A
Counties of the Second Class A ..............
Article XXXI-B. Allegheny Regional Asset
District .................................... 3101-B-3173-B
(a) Preliminary Provisions ...... 3101-B-3102-B
(b) Allegheny Regional Asset
District ................. 3110-B-3119-B
(c) Regional Assets ............. 3130-B-3131-B
(d) Bonds and Funds of District . 3140-B-3144-B
3150-B-3157-B
(e) Additional Sales and Use Tax
(f) Local Tax Relief and
Assistance to Local
Governments .............. 3170-B-3173-B
Article XXXI-C. Second Class County Charter Law 3101-C-3113-C
Article XXXII. Actions By and Against County
3201-3207
(Repealed) .................................
3301-3302
Article XXXIII. Acts of Assembly Repealed .....
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Article I
Preliminary Provisions
Section 101. Short Title.--This act shall be known and may
be cited as the Second Class County Code. The provisions of
this act shall become effective on the first day of the month
next following its final enactment.
Section 102. Applicability.--Except where otherwise
specifically limited, this act applies to all counties of the
second class and second class A.
(102 amended Oct. 20, 1967, P.L.472, No.224)
Section 103. Excluded Provisions.--This act does not
include any provisions of and shall not be construed to
repeal:
(1) The Municipal Borrowing Law, approved the twenty-fifth
day of June, one thousand nine hundred forty-one (Pamphlet
Laws 159).
(2) The Pennsylvania Election Code, approved the third day
of June, one thousand nine hundred thirty-seven (Pamphlet Laws
1333).
(3) The County Institution District Law, approved the
twenty-fourth day of June, one thousand nine hundred thirtyseven (Pamphlet Laws 2017).
(4) The Local Health Administration Law, approved the
twenty-fourth day of August, one thousand nine hundred fiftyone (Pamphlet Laws 1304).
(5) The Municipal Unclaimed Moneys Act, approved the
seventeenth day of May, one thousand nine hundred forty-nine
(Pamphlet Laws 1403).
(6) Any law relating to the collection of municipal and tax
claims.
(7) Except as provided by Articles XIX-A and XIX-B, any law
relating to the assessment and valuation of property and
persons for taxation. ((7) amended July 17, 2007, P.L. ,
No.38)
(8) Any law relating to the giving of county consent to
public utility corporations.
(9) Any law relating to State highways.
(10) Any law relating to the validation of elections,
bonds, resolutions and accounts of corporate officers.
(11) Any law relating to collections by county officers of
moneys for the Commonwealth and the issuance of State
licenses.
(12) Any law relating to the government and regulation of
jails, prisons and other correctional institutions and the
commitment thereto and maintenance and care of prisoners or
inmates therein.
(13) Any law relating to civil and criminal procedure,
except special provisions concerning actions by or against
counties or county officers.
(14) Any law relating to joint county and municipal
buildings and works.
(15) Any law relating to county libraries, except law
libraries.
(16) Any law relating to the recording of deeds, mortgages
or other instruments in writing.
(17) Any law relating to the clerk or clerks of the County
Court of Allegheny County.
(18) Any law relating to the re-binding, re-indexing and
transcribing of records in county offices.
(19) Any law relating to the fees of county officers.
(20) Any temporary law.
(21) Any amendment or supplement of any of the laws
referred to in this section.
(22) Court criers and tipstaves, official court
stenographers and interpreters and court room employes.
Compiler's Note: See sections 3 and 5 of Act 38 of 2007,
which amended section 103, in the appendix to this act
for special provisions relating to construction of law
and applicability.
Section 104. Saving Clause.--(a) The provisions of this act,
as far as they are the same as those of existing laws, shall
be construed as a continuation of such laws and not as new
enactments. The repeal by this act of any provisions of law
shall not revive any law heretofore repealed or superseded,
nor affect the existence or class of any county heretofore
created. The provisions of this act shall not affect any act
done, liability incurred or right accrued or vested, nor
affect any suit or prosecution pending or to be instituted to
enforce any right or penalty or punish any offense under the
authority of such repealed laws.
(b) All resolutions, regulations and rules made pursuant to
any act of Assembly repealed by this act shall continue with
the same force and effect as if such act had not been
repealed. All local acts of Assembly applying to the County of
Allegheny not specifically repealed by this act shall continue
in force and any provisions of this act inconsistent therewith
shall not apply to said county.
(c) All acts and parts of acts of Assembly relating to
counties or to particular classes of counties in force at the
time of the adoption of this act and not repealed hereby shall
remain in force in the same manner and with the same effect as
prior to the adoption of this act.
Section 105. Holding of Office.--Any person holding elective
office under any act of Assembly repealed by this act shall
continue to hold such office until the expiration of the term
thereof, subject to the conditions and salary attached to such
office prior to the passage of this act.
Section 106. Construction of References.--Whenever in this
act reference is made to any act by title or name, such
reference shall also apply to and include any codifications
wherein the provisions of the act referred to are
substantially reenacted or to reenactments, revisions or
amendments of the act.
Section 107. Constitutional Construction.--The provisions of
this act shall be severable, and if any of its provisions are
held to be unconstitutional, the decision of the court shall
not affect the validity of the remaining provisions of this
act. It is hereby declared as a legislative intent that this
act would have been adopted by the General Assembly had such
unconstitutional provisions not been included therein.
Section 108. Legislation According to Class.--The affairs of
counties of the second class are herein and shall hereafter be
legislated for and regulated by general laws applicable to
said counties. All laws adopted by the General Assembly for
counties of the second class shall be deemed to be general
laws.
Section 108.1. Collection of Tax on Real Property from Rent
Paid to Owner.--(a) Where the owner of any residential or
commercial real property which is subject to a claim pursuant
to the act of May 16, 1923 (P.L.207, No.153), referred to as
the Municipal Claim and Tax Lien Law, derives any rental
income from that property, the county treasurer shall notify
the property owner in writing of his duty to remit that rental
income to the office of the county treasurer. The rent so
remitted is to be applied to the amount of tax owed, along
with any interest or penalties due, until the claim is paid in
full.
(b) The notice of the county treasurer shall include the
amount of the claim on the property, including interest and
penalties, and the date or dates the rental income is to be
remitted. If after fifteen days of the date or dates specified
in the notice the property owner fails to remit the rental
income the county may immediately begin the judicial sale
process provided for in the Municipal Claim and Tax Lien Law.
(108.1 added May 16, 1996, P.L.210, No.39)
Section 109. Proceedings for Recovery of Penalties.--Unless
herein otherwise specifically provided, in every case in which
any pecuniary penalty or forfeiture is imposed by this act,
the proceeding for the recovery of the same shall be by
indictment in the court of quarter sessions or by civil action
as debts of equivalent amount are by law recoverable. Aldermen
or justices of the peace shall not have jurisdiction of any
suit or action for the recovery of any penalty imposed by this
act for official misconduct. Such suit or action, when brought
in the court of common pleas, shall have preference for trial
over all other actions.
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 109.1. Collection of Tax and Municipal Claims by
Suit; Limitations.--(a) In addition to the remedies provided by
law for the collection of tax and municipal claims, the county
may proceed for the recovery and collection of any tax or
municipal claim against any owner or owners of the property
owing such tax or municipal claim by a civil action or other
appropriate remedy. To each judgment obtained for such taxes
or municipal claim, there shall be added a penalty of ten per
cent, interest at the prevailing legal rate and costs of suit.
Upon judgment, execution may be issued without any stay or
benefit of any exemption law.
(b) The right of the county to collect unpaid taxes or
municipal claims under the provisions of this section shall
not be affected by the fact that such tax or municipal claims
have or have not been entered as liens in the office of the
prothonotary.
(c) A civil action brought to recover unpaid taxes or
municipal claims shall be commenced within twenty years after
the tax is due or after the completion of the improvement from
which said claim arises.
(d) The remedy granted under this section shall be applied
retroactively.
(109.1 amended May 16, 1996, P.L.210, No.39)
Section 110. Publication of Legal Notices.--Whenever under
the provisions of this act advertisement, notice or
publication is required to be published in one newspaper, such
publication shall be made in a newspaper of general
circulation, as defined by the act, approved the sixteenth day
of May, one thousand nine hundred twenty-nine (Pamphlet Laws
1784), known as the Newspaper Advertising Act, printed in the
county, unless the matter in connection with which the
advertising is being done affects only a political
subdivision, in which case such advertisement shall be
published in a newspaper printed in such political
subdivision, if there is such a newspaper, and if not, then in
a newspaper circulating generally in such political
subdivision. If such notice is required to be published in
more than one newspaper, it shall be published in at least one
newspaper of general circulation, defined as aforesaid,
printed, if there be such a newspaper, or circulating
generally, as above provided, in the county. When such notice
relates to any proceeding or matter in any court, or the
holding of an election for the increase of indebtedness, or
the issue and sale of bonds to be paid by taxation, such
notice shall also be published in the legal newspaper, if any,
designated by the rules of court of the proper county for the
publication of legal notices and advertisement, unless such
publication be dispensed with by special order of court. All
ordinances, auditors' reports, controllers' reports, or
advertisements inviting proposals for public contracts and for
bids for materials and supplies, shall be published only in
newspapers of general circulation, as hereinbefore defined.
Section 111. Adoption of Budgets for 2001.-(a) Notwithstanding any other provision of law to the contrary,
each county of the second class and each political subdivision
situate within a county of the second class that is required
to adopt a budget for a calendar year prior to January 31 of
that year shall have until January 31, 2001, to adopt its
budget for the 2001 calendar year.
(b) If a budget for the 2001 calendar year is not adopted
before January 1, 2001, the governing body of a county of the
second class or political subdivision situate within a county
of the second class shall be authorized to make interim
expenditures between January 1, 2001, and the date the budget
is adopted, provided that the following requirements are
satisfied:
(1) Each interim expenditure must be of a type and nature as
the expenditures made under the budget approved for the 2000
calendar year.
(2) The amount of the interim expenditures in the aggregate
must not exceed one-twelfth of the budget approved for the
2000 calendar year.
(3) The interim expenditures must be ratified in their
entirety for inclusion in the budget for the 2001 calendar
year.
(c) A county of the second class or political subdivision
situate within a county of the second class that makes interim
expenditures in accordance with this section may borrow, if
necessary, funds sufficient to pay for the interim
expenditures. The borrowing shall comply with the provisions
of applicable law.
(d) This section shall expire February 1, 2001.
(111 added Oct. 30, 2000, P.L.616, No.85)
Section 112. Adjustments Based on Consumer Price Index.-(a) Adjustments to the base amounts shall be made as follows:
(1) The Department of Labor and Industry shall determine
the percentage change in the Consumer Price Index for All
Urban Consumers: All Items (CPI-U) for the United States City
Average as published by the United States Department of Labor,
Bureau of Labor Statistics, for the twelve-month period ending
September 30, 2012, and for each successive twelve-month
period thereafter.
(2) If the department determines that there is no positive
percentage change, then no adjustment to the base amounts
shall occur for the relevant time period provided for in this
subsection.
(3) (i) If the department determines that there is a
positive percentage change in the first year that the
determination is made under paragraph (1), the positive
percentage change shall be multiplied by each base amount, and
the products shall be added to the base amounts, respectively,
and the sums shall be preliminary adjusted amounts.
(ii) The preliminary adjusted amounts shall be rounded to
the nearest one hundred dollars ($100) to determine the final
adjusted base amounts.
(4) In each successive year in which there is a positive
percentage change in the CPI-U for the United States City
Average, the positive percentage change shall be multiplied by
the most recent preliminary adjusted amounts, and the products
shall be added to the preliminary adjusted amount of the prior
year to calculate the preliminary adjusted amounts for the
current year. The sums thereof shall be rounded to the nearest
one hundred dollars ($100) to determine the new final adjusted
base amounts.
(5) The determinations and adjustments required under this
subsection shall be made in the period between October 1 and
November 15 of the year following the effective date of this
subsection and annually between October 1 and November 15 of
each year thereafter.
(6) The final adjusted base amounts and new final adjusted
base amounts obtained under paragraphs (3) and (4) shall
become effective January 1 for the calendar year following the
year in which the determination required under paragraph (1)
is made.
(7) The department shall publish notice in the Pennsylvania
Bulletin prior to January 1 of each calendar year of the
annual percentage change determined under paragraph (1) and
the unadjusted or final adjusted base amounts determined under
paragraphs (3) and (4) at which competitive bidding or written
or telephonic price quotations are required for the calendar
year beginning the first day of January after publication of
the notice. The notice shall include a written and
illustrative explanation of the calculations performed by the
department in establishing the unadjusted or final adjusted
base amounts under this subsection for the ensuing calendar
year.
(8) The annual increase in the preliminary adjusted base
amounts obtained under paragraphs (3) and (4) shall not exceed
three per cent.
(112 added Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which added
section 112, provided that Act 89 shall apply to
contracts and purchases advertised on or after January 1
of the year following the effective date of section 6.
Article II
Names and Corporate Powers
Classification of Counties
(a) Division of the State into Counties;
Corporate Powers
Section 201. Enumeration of Counties.--The State shall be
divided into the following sixty-seven named counties, as now
established by law: Philadelphia, Bucks, Chester, Lancaster,
York, Cumberland, Berks, Northampton, Bedford, Northumberland,
Westmoreland, Washington, Fayette, Franklin, Montgomery,
Dauphin, Luzerne, Huntingdon, Allegheny, Mifflin, Delaware,
Lycoming, Somerset, Greene, Wayne, Adams, Centre, Beaver,
Butler, Mercer, Crawford, Erie, Warren, Venango, Armstrong,
Indiana, Jefferson, McKean, Clearfield, Potter, Tioga,
Cambria, Bradford, Susquehanna, Schuylkill, Lehigh, Lebanon,
Columbia, Union, Pike, Perry, Juniata, Monroe, Clarion,
Clinton, Wyoming, Carbon, Elk, Blair, Sullivan, Forest,
Lawrence, Fulton, Montour, Snyder, Cameron and Lackawanna.
Section 202. General Powers.--The county shall have
capacity as a body corporate to:
(1) Have succession perpetually by its corporate name.
(2) Sue and be sued and complain and defend in all proper
courts by the name of the county of ..........................
(3) Purchase, acquire by gift or otherwise, hold, lease,
let and convey such real and personal property as shall be
deemed to be for the best interests of the county.
(4) Make contracts for carrying into execution the laws
relating to counties and for all lawful purposes.
(5) Have and use a seal which shall be in the custody of
the commissioners thereof. The official acts of the
commissioners shall be authenticated therewith. There shall be
engraved upon such seal the same device as is engraved upon
the great seal of the State, together with the name of the
county.
(6) To make appropriations for any purpose authorized by
this or any other act of the General Assembly.
Section 203. Vesting of Corporate Power.--The corporate
power of the county shall be vested in a board of county
commissioners.
(b) Classification
Section 210. Counties Divided Into Nine Classes.--For the
purposes of legislation and the regulation of their affairs,
counties of this Commonwealth, now in existence and those
hereafter created, shall be divided into nine classes as
follows:
(1) First Class Counties, those having a population of
1,500,000 inhabitants and over.
(2) Second Class Counties, those having a population of
800,000 and more but less than 1,500,000 inhabitants.
(2.1) Second Class A Counties, those having a population of
500,000 and more but less than 800,000 inhabitants.
(3) Third Class Counties, those having a population of
250,000 and more but less than 500,000 inhabitants.
(4) Fourth Class Counties, those having a population of
150,000 and more but less than 250,000 inhabitants.
(5) Fifth Class Counties, those having a population of
95,000 and more but less than 150,000 inhabitants.
(6) Sixth Class Counties, those having a population of
45,000 and more but less than 95,000 inhabitants.
(7) Seventh Class Counties, those having a population of
20,000 or more but less than 45,000 inhabitants.
(8) Eighth Class Counties, those having a population of
less than 20,000 inhabitants.
(210 amended Dec. 10, 1982, P.L.1084, No.254)
Section 211. Ascertainment, Certification and Effect of
Change of Class.--(a) The classification of counties shall be
ascertained and fixed according to their population by
reference, from time to time, to the last preceding decennial
United States census, deducting therefrom the number of
persons residing on any lands that have been ceded to the
United States.
(b) Whenever it shall appear by any such census that any
county has attained a population entitling it to an advance in
classification, or that a county has heretofore or hereafter
decreased in population so as to recede in classification, as
herein prescribed, it shall be the duty of the Governor, under
the great seal of this Commonwealth, to certify that
fact accordingly to the board of county commissioners on or
before the first day of October of the year succeeding that in
which the census was taken, or as soon thereafter as may be,
which certificate shall be forwarded by the commissioners to
the recorder of deeds and be recorded in his office.
(c) Changes of class, ascertained and certified as
aforesaid, shall become effective on the first day of January
next following the year in which the change was so certified
by the Governor to the county commissioners, but the salaries
of county officers shall not thereby be increased or decreased
during the term for which they shall have been elected. In the
municipal election following such certification of change of
class and preceding the effective date of such change, the
proper number of persons shall be elected to fill any elective
office which will exist in the county by the change of
classification certified. No election shall be held for any
office which will be abolished as a result of such change of
classification.
Article III
Fixing and Relocating Lines and
Boundaries
Section 301. Petition to Superior Court.--(a) The boundary
line between any two adjoining counties may be determined,
surveyed, relocated or marked in the manner provided by this
article. ((a) repealed in part Apr. 28, 1978, P.L.202, No.53)
(b) Such a proceeding shall be instituted on petition of any
taxpayer, the county commissioners or the corporate
authorities of any political subdivision of either of the
counties involved.
Compiler's Note: Section 509(k) of Act 223 of 1970 provided
that section 301 is repealed insofar as it vests
jurisdiction and powers in the Superior Court and such
jurisdiction and powers are vested by Act 223 in the
Commonwealth Court.
Section 302. Superior Court to Designate Neutral Court;
Appointment of Commission.--(a) The court, upon the filing of
such petition, shall designate a court of a county not
affected by the question and not adjoining either of the
counties involved to act in the proceeding. The court so
designated shall sit in its home county. ((a) repealed in part
Apr. 28, 1978, P.L.202, No.53)
(b) If it appears to the court so designated that the county
line or any part thereof should be surveyed or marked, it
shall appoint a commission composed of three surveyors or
professional engineers in civil engineering to act for the
court, as hereinafter provided.
Compiler's Note: Section 2 of Act 53 of 1978 provided that
upon petition the Commonwealth Court shall designate
the court having jurisdiction under section 302. All
actions by or against a county of the second class or
second class A shall be conducted by the board of
commissioners.
Compiler's Note: Section 509(k) of Act 223 of 1970 provided
that section 302 is repealed insofar as it vests
jurisdiction and powers in the Superior Court and such
jurisdiction and powers are vested by Act 223 in the
Commonwealth Court.
Section 303. Compensation; Assistants and Expenses.--(a) The
surveyors or professional engineers in civil engineering
composing such commission shall each receive such compensation
as the court shall fix for the time necessarily spent in the
discharge of their duties and, in addition thereto, shall be
reimbursed the necessary expenses incurred by them
respectively while engaged upon the work of such commission.
(b) The commission may employ such assistants as the court
shall allow, at a compensation to be fixed by the court, and
such assistants shall be reimbursed the actual necessary
expenses incurred by them respectively while employed by such
commission.
(c) The necessary expenses of advertising the meeting of the
commissioners, as hereinafter provided, and in procuring and
setting the monuments needful to mark in a permanent manner
such county line, the expenses of the commission and its
assistants and all other expenses necessarily incurred, shall
be paid by the interested counties jointly in equal parts,
upon presentation of properly itemized bills duly verified by
affidavit of the person claiming payment or some one on his
behalf.
Section 304. Oath; Organization and Duties.--(a) The members
of the commission shall take and subscribe an oath to perform
their duties impartially and with fidelity.
(b) The commission shall meet and organize within two weeks
of its appointment. It shall select from its membership a
chairman and also a secretary who shall keep a full record of
the proceedings and work of the commission. Before entering
upon its duties, it shall designate, by advertisement in not
more than two newspapers published in each of said counties, a
time and place of meeting when and where parties interested
shall be heard. After such hearing it shall, without
unreasonable delay, ascertain the location and survey and mark
with suitable monuments of a permanent character the existing
county line between such counties, if it shall consider such
old county line a proper one.
Section 305. Authority to Fix New County Line.--(a) When the
commission has ascertained, located and determined said line,
if it appears to it that the existing county line, from any
cause whatever, has become inconvenient for any purpose, or
improper, difficult to ascertain or not related to the natural
or other land marks, the commission shall report these facts
or any of them to the court of quarter sessions having
appointed the commission, with a recommendation that a new
county line be established in whole or in part.
(b) Thereupon, if said court shall be of opinion that it is
to the interest and advantage of the respective counties that
a new county line be established, they may direct said
commission to fix and determine a new county line and to mark
the same with suitable monuments of a permanent character.
(c) Notice shall be given to the counties interested and to
the owners of all lands which will be affected by the proposed
change of the time when the recommendation of the commission
for a new county line will be considered by the court.
Section 306. Report of Commission; Approval by Court;
Certification of Line.--(a) The commission or a majority
thereof shall make a report in writing and attach thereto a
map or draft showing the courses and distances of the line
ascertained and designated by them as the existing county
line, or where they may have been directed to fix and
determine a new county line, such map or draft, in lieu
thereof, shall show the courses and distances of such new
county line. In either case, the map or draft shall also show
the lands through which said line passes and the buildings in
close proximity thereto, together with the roads and streams
crossed by or near to such line.
(b) The report and map, signed by the members of the
commission or a majority of them, shall be filed in the court
of quarter sessions having been given jurisdiction, and if
approved by such court, shall be ordered recorded in the
records thereof. A copy of the report and approval shall be
certified by the clerk of the court to the clerk of the court
of quarter sessions of each county affected, where it shall be
recorded in the records. The line so ascertained, surveyed and
fixed and so marked shall thenceforth be the boundary line
between the two counties.
(c) The clerk of the court of quarter sessions, having
determined the matter, shall certify the approval of the court
on two copies of the report and map filed in his office and,
within thirty days, transmit a copy by mail to the Secretary
of Internal Affairs, to be by him deposited in his department,
and another to the Department of Highways.
Article IV
County Officers
(a) General Provisions
Section 401. Enumeration of Elected Officers.--(a) In the
county there shall be the following officers elected by the
qualified electors of the county:
(1) three county commissioners;
(2) one controller;
(3) one treasurer;
(4) one coroner;
(5) one recorder of deeds;
(6) one prothonotary;
(7) one clerk of the court of quarter sessions and of the
court of oyer and terminer;
(8) one register of wills;
(9) one sheriff;
(10) one district attorney;
(11) two jury commissioners.
((a) amended and renumbered Nov. 27, 1968, P.L.1114,
No.346)
(b) All such officers shall be elected at the municipal
election next preceding the expiration of the terms of the
officers now in office, and quadrennially thereafter, and
shall hold their offices for a term of four years from the
first Monday of January next after their election and until
their successors shall be duly qualified, but in the event
that any such officer so elected, excepting a county
commissioner, shall fail to qualify, or if no successor shall
be elected, then the officer then in office shall continue in
office only until the first Monday of January following the
next municipal election, at which time his successor shall be
elected for a term of four years. In the case of a county
commissioner, there shall be a vacancy which shall be filled
as provided in this act.
(c) All the county officers enumerated in this section
shall remain as now constituted. This section does not create
any office in the county where such office does not now exist.
Section 401.1. Compensation of Elected Officers.--(a) The
minimum annual salaries of the elected officers of counties of
the second class set forth in section 401 shall be as follows:
(1) County commissioner, chairman, $41,540;
(2) County commissioners, other than chairman, $39,295;
(3) Controller, $36,181;
(4) Treasurer, $36,181;
(5) Coroner, $30,000;
(6) Recorder of Deeds, $33,681;
(7) Prothonotary, $33,681;
(8) Clerk of Courts, $33,681;
(9) Register of Wills, $34,804;
(10) Sheriff, $30,000; and
(11) Jury Commissioner, $25,700.
(b) From and after the effective date of this section, the
county commissioners of counties of the second class shall
have the power to fix the salary of all county officers
governed by the provisions of subsection (a).
(c) The county commissioners of counties of the second
class shall not reduce the salary of any county officer below
the amount set forth in subsection (a).
(401.1 added Oct. 31, 1985, P.L.299, No.71)
Section 402. Incompatible Offices.--(a) No elected county
officer shall at the same time serve as a member of the
legislative body of any city, borough, town or township of any
class, nor as school director of any school district, nor as a
member of any board of health.
(b) No member of Congress from this State nor any person
holding or exercising any office or appointment of trust or
profit under the United States shall at the same time hold or
exercise any county office in this State to which a salary,
fee or perquisites are attached.
Section 403. Oath of Office.--(a) In addition to any oath or
affirmation required by any other act of Assembly, all county
officers, their deputies, assistants and clerks shall, before
entering on the duties of their respective offices or
employments, take and subscribe the following oath or
affirmation: "I do solemnly swear (or affirm) that I will
support, obey and defend the Constitution of the United
States, and the Constitution of this Commonwealth, and that I
will discharge the duties of my office (or employment) with
fidelity; that I have not paid or contributed, or promised to
pay or contribute, either directly or indirectly, any money or
other valuable thing to procure my nomination or election (or
appointment), except for necessary and proper expenses
expressly authorized by law; that I have not knowingly
violated any election law of this Commonwealth, or procured it
to be done by others in my behalf; that I will not knowingly
receive, directly or indirectly, any money or other valuable
thing for the performance or non-performance of any act or
duty pertaining to my office (or employment), other than the
compensation allowed by law."
(b) The foregoing oath shall be administered by some person
authorized to administer oaths, and shall be filed in the
office of the prothonotary of the county in which the same is
taken. Any person refusing to take said oath or affirmation
shall forfeit his office. Any person who shall be convicted of
having sworn or affirmed falsely, or of having violated said
oath or affirmation, shall be guilty of perjury, and be
forever disqualified from holding any office of trust or
profit within this Commonwealth.
Section 404. Officers to Have Commissions Recorded.--Every
county officer receiving a commission from the Governor shall
immediately deliver the same to the recorder of deeds for
recordation, at the expense of such officer. No such officer
shall execute any of the duties of his office until he has so
delivered the said commission.
Section 405. Offices, Records and Papers.--(a) Except as
otherwise provided in subsection (a.1), the commissioners,
controller, treasurer, sheriff, recorder of deeds,
prothonotary, clerk of courts, clerk of the orphans' court,
register of wills, recorder of deeds and district attorney
shall keep their respective offices and all public records and
papers belonging thereto at the county seat and in such
buildings as may be erected or appropriated for such purpose.
(a.1) The county commissioners shall have the power to keep
and maintain records and to contract with persons for storage,
retrieval and transmission of county records within or outside
the county, except that no records shall be stored outside the
county seat without the approval of the officer in charge of
the office to which the records belong. The approval of the
president judge shall be required if records are in the
custody of agencies of the court of common pleas, the clerk of
courts, the prothonotary, the register of wills and the clerk
of the orphans' court. Public records stored outside of the
county seat shall be made accessible to the general public at
the county seat by means of an electronic telecopying system
or facility which will permit the retrieval of the records or
exact copies thereof within three business days.
(a.2) The county commissioners shall have the power to
impose a fee on recorded instruments required to be kept
permanently that are filed with the county. The county
commissioners, with the approval of the president judge, shall
have the power to impose a fee on civil or criminal cases
filed in the court of common pleas. The fees will be collected
by the appropriate row officer and deposited in a special
records management fund, administered by the county's records
management program in the Office of Management and
Productivity or, in the absence of such an office, an office
that handles the same or similar functions. The fund shall be
solely used to help defray the cost of maintaining,
administering, preserving and caring for the records of the
county. ((a.2) added July 9, 1992, P.L.682, No.99)
(b) The county commissioners shall furnish each of such
officers with an office in the county building, courthouse or
other building at the county seat.
(c) Any person failing or refusing to maintain his office
and to keep all public records and papers belonging thereto in
the buildings appropriated for such purpose, in accordance
with the provisions of this section, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced
to undergo imprisonment until he complies with the provisions
of this section, or until sooner discharged by order of the
court, and to pay a fine not exceeding five hundred dollars,
to be paid to the use of the county.
(405 amended Oct. 5, 1990, P.L.519, No.125)
Section 406. Records Open to Inspection.--(a) The minute
book and other fiscal records and documents of the county may
be open to the inspection of any taxpayer thereof, but the
proper officers may make reasonable rules and regulations
respecting the time of such inspection and fees for copying.
(b) In case any officer shall refuse to permit the
inspection of any fiscal record or document, the taxpayer may,
by petition to the court of common pleas of the county, set
forth his reasons for desiring to make such inspection, and if
the court deems such reasons proper it shall order the officer
to permit the inspection to be made.
(406 amended Oct. 5, 1990, P.L.519, No.125)
Section 407. Officers to Secure Funds, Records, Books, Et
Cetera, from Predecessors.--(a) Any person elected or appointed
and duly commissioned to any county office shall demand and
receive all records, books, drafts, plans, papers, seals or
other official things, including all public funds, held in
such office and not otherwise provided for by the act,
approved the seventeenth day of May, one thousand nine hundred
forty-nine (Pamphlet Laws 1403), known as the Municipal
Unclaimed Moneys Act, belonging to such office, from the
person or persons who held the office immediately before his
election or appointment, or from any other person or persons
holding or possessing them.
(b) Any person detaining from such a county office any
records, books, drafts, plans, papers, seals or other official
things, including public funds, as herein provided, belonging
to such office, after reasonable demand therefor, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall
be sentenced to undergo imprisonment until the delivery of any
such official things found to be in his possession or control
to the proper officer, or until sooner discharged by order of
the court, and to pay a fine not exceeding five hundred
dollars, to be paid to the use of the county.
Section 408. Deputies to Act in Certain Cases.--(a) Whenever
any county officer is authorized or required to appoint a
deputy or deputies, such deputy, or principal deputy where
there are more than one, shall, during the necessary or
temporary absence of his principal, perform all the duties of
such principal, and also, in case of a vacancy, until a
successor is qualified. ((a) amended July 16, 1975, P.L.70,
No.41)
(b) No person temporarily succeeding to any county office by
reason of the death or removal of the duly elected or
appointed officer shall execute any of the duties of such
office until he has first taken oath and filed the bond
required of the principal officer.
Section 409. Vacancies Not Otherwise Provided For.--In case
of a vacancy happening by death, resignation or otherwise in
any county office created by the Constitution or laws of this
Commonwealth, and where no other provision is made by the
Constitution or by the provisions of this act to fill the
vacancy, it shall be the duty of the Governor to appoint a
suitable person to fill such office, who shall continue
therein and discharge the duties thereof until the first
Monday of January next succeeding the first municipal election
which shall occur two or more months after the happening of
such vacancy in counties of the second class. In counties of
the second class A the appointed person shall continue therein
and discharge the duties thereof for the balance of the
unexpired term. Such appointee shall be confirmed by the
Senate if in session.
(409 amended May 29, 1968, P.L.136, No.74)
Section 410. County Officials to Furnish Information to
Heads of the Governmental Departments.--(a) It shall be the
duty of all county officers to furnish, on application
thereof, to the head of any department of the State
government, such information and copies of such records or
documents contained in their respective offices as in the
opinion of such head of department may be necessary or
pertinent to the work of his respective department. The county
so furnishing information shall receive for copying and
forwarding the same such reasonable compensation as the
Auditor General may determine. Such compensation shall be paid
to the county by the State Treasurer out of moneys not
otherwise appropriated, upon warrant from the Auditor General.
(b) All county officers shall also furnish to the Department
of Community Affairs such information as may be requested by
it. ((b) amended Oct. 5, 1967, P.L.340, No.146)
Compiler's Note: The Department of Community Affairs,
referred to in subsec. (b), was abolished by Act 58 of
1996 and its functions were transferred to the
Department of Community and Economic Development.
Section 411. Penalty for Neglect or Refusal to Perform
Duties.--If any county officer neglects or refuses to perform
any duty imposed on him by the provisions of this act or by
the provisions of any other act of Assembly or by any rule of
court or other provision of law, he shall, for each such
neglect or refusal, be guilty of a misdemeanor, and, on
conviction thereof, shall be sentenced to pay a fine not
exceeding five hundred dollars ($500).
Section 412. Absconding Officers.--The office of any county
officer absconding from the county shall be vacant to all
intents and purposes.
Section 413. Qualifications of Elected County Officers.--No
person shall be elected to any county office, except the
office of district attorney otherwise provided for by this
act, unless he shall be at least eighteen years of age, a
citizen of the United States and a resident of the county, and
shall have resided within the county for one year next
preceding his election.
(413 amended June 16, 1972, P.L.466, No.148)
(b) Official Bonds
Section 420. Official Bonds; Requirements.--(420 repealed
Nov. 22, 2011, P.L.431, No.106)
Section 421. General Conditions; Commissioners; Treasurer.-(421 repealed Nov. 22, 2011, P.L.431, No.106)
Section 422. Obligees Suits on Boards.--(422 repealed Nov.
22, 2011, P.L.431, No.106)
Section 423. Approval, Substitution or Addition of Surety.-(423 repealed Nov. 22, 2011, P.L.431, No.106)
Section 424. Custodians of Official Bonds.--(424 repealed
Nov. 22, 2011, P.L.431, No.106)
Section 425. Acknowledgment; Evidence.--(425 repealed Nov.
22, 2011, P.L.431, No.106)
Section 426. Amounts of Official Bonds; Exclusive
Provisions.--(426 repealed Nov. 22, 2011, P.L.431, No.106)
Section 427. Premiums of Official Bonds.--(427 repealed
Nov. 22, 2011, P.L.431, No.106)
Section 428. Bonds of Deputies and Other Appointees.--(428
repealed Nov. 22, 2011, P.L.431, No.106)
Section 429. Bond of Register of Wills.--(429 repealed Nov.
22, 2011, P.L.431, No.106)
Section 430. Form of Bond of Sheriff.--(430 repealed Nov.
22, 2011, P.L.431, No.106)
Section 431. Amount of Official Bonds.--(431 repealed Nov.
22, 2011, P.L.431, No.106)
(c) State Associations
Section 432. State Associations Authorized.--County
officers of the county may join with county officers of other
counties of the Commonwealth and organize a State association,
as follows:
(1) The county commissioners, together with the county
solicitor and the chief clerk to the county commissioners and
certain officers who are counterpart personnel in counties
having a Home Rule Charter or optional form of government;
(2) The county controllers;
(3) The sheriffs;
(4) The district attorneys;
(5) The probation officers;
(6) The registers of wills;
(7) The prothonotaries and clerks of courts of quarter
sessions;
(8) The county treasurers;
(9) The recorders of deeds;
(10) The directors of veterans' affairs;
(11) Public defenders.
(432 amended Sept. 28, 1978, P.L.798, No.153)
Section 433. Purpose; Annual Meetings.--(a) The purpose of
the respective State associations shall be to discuss and
resolve the various questions arising in the discharge of the
duties and functions of the respective officers, and to
provide uniform, efficient and economical methods of
administering the affairs of the counties pertaining to their
offices.
(b) In order to achieve such purposes by cooperation,
coordination and full exchange of information, each State
association is authorized to hold an annual meeting, at such
time and place within the Commonwealth as it may designate.
(c) Both the association of county controllers and the
association of county treasurers may meet in joint session
with the association of county commissioners, solicitors and
chief clerks, if such associations mutually so agree, but in
any case, each association shall have a separate session on at
least two days of the annual meeting.
Section 434. Deputies and Solicitors May Attend Annual
Meetings.--The deputy controller, the deputy sheriff, the
deputy register of wills, the deputy treasurer, the deputy
prothonotary, the deputy clerk of courts, the deputy recorder
of deeds, the deputy clerk of orphans' court, the first
assistant district attorney, one assistant public defender and
the chief deputy coroner, with the approval of his principal
and the solicitor for each office may attend the annual
meetings of his respective associations, either together with
the controller, sheriff, register of wills, prothonotary,
clerk of courts, recorder of deeds, district attorney, public
defender, coroner or treasurer, as the case may be, or in his
place.
(434 amended Sept. 28, 1978, P.L.798, No.153)
Section 435. Expenses of Attending; Members to be Paid by
County; Time Limit on Meetings.--(a) The actual expenses of all
authorized elected county officers attending the annual
meetings of their associations shall be paid by the several
counties out of the general county fund. Each of these
officers, except the county commissioners, shall be reimbursed
for actual expenses not to exceed one hundred seventy-five
dollars ($175) per day for the number of days specified in
subsection (b) of this section, together with mileage going to
and returning from such meeting and the registration fee. The
sum of one hundred seventy-five dollars ($175) per day as set
forth in this subsection shall be adjusted annually by the
annual increase in the cost of living as determined annually
by the United States Department of Labor. ((a) amended June
28, 2002, P.L.465, No.75)
(a.1) The actual expenses of all authorized nonelected
county officers and employes attending the annual meetings of
their associations may be paid by the several counties out of
the county general fund. Each of these officers may be
reimbursed for actual expenses in an amount not to exceed one
hundred seventy-five dollars ($175) per day for the number of
days specified in subsection (b) of this section, together
with mileage going to and returning from such meetings and the
registration fee. The sum of one hundred seventy-five dollars
($175) per day shall be adjusted annually as set forth in
subsection (a) of this section. ((a.1) amended June 28, 2002,
P.L.465, No.75)
(a.2) Every delegate attending the annual meeting shall
submit to the county an itemized account of expenses incurred
at the meeting. The county may authorize employes to be
compensated at their regular employe rate during their
attendance at the annual meeting. The actual expenses for
elected officers shall, and for nonelected officers may, be
paid for the number of days specified in subsection (b). In
addition, elected county officers shall receive, and
nonelected county officers and employes may receive, actual
expenses not to exceed one hundred seventy-five dollars ($175)
per day for each day not in excess of two in going to and
returning from such meeting. The sum of one hundred seventyfive dollars ($175) per day shall be adjusted annually as set
forth in subsection (a). ((a.2) amended June 28, 2002,
P.L.465, No.75)
(b) The annual meeting of the association of county
commissioners, county solicitors and chief clerks shall not
exceed four days, and those of all other State associations
shall not exceed three days, in every case, exclusive of the
time spent in traveling to and from the said meetings. ((b)
amended June 30, 1969, P.L.101, No.38)
Section 436. Other Meeting Expenses Paid by County.--(a) In
addition to the expenses hereinbefore authorized, the
necessary expenses of the annual meetings of the associations
hereinafter named, including printing, committee expenses and
stenographical expense shall be paid in equal parts by the
counties whose officers are members of the respective
associations.
(b) In the case of the county controllers, the sheriffs, the
register of wills, the county commissioners, county solicitor
and chief clerk, the prothonotaries and clerks of courts of
common pleas, the county treasurers, the recorders of deeds,
the public defenders and the directors of veterans' affairs,
the portion of the annual expenses charged to each county of
the second class shall not exceed one thousand dollars
($1,000) and to each county of the second class A shall not
exceed eight hundred dollars ($800); and in the case of the
probation officers, an annual membership subscription not
exceeding ten dollars ($10) per member shall be paid by the
county, and shall be in lieu of the expenses hereinbefore in
this section provided for other county officers. ((b) amended
June 28, 2002, P.L.465, No.75)
Section 437. Annual Assessments for County Commissioners,
Etc.--(a) In addition to the expenses hereinbefore authorized,
the necessary expenses of the association of county
commissioners, county solicitors and chief clerks shall be
apportioned among the counties holding membership in the
association in amounts provided for by the rules and
regulations of the association.
(a.1) In addition to the expenses hereinbefore authorized,
the necessary expenses of the association of district
attorneys shall be apportioned among the counties holding
membership in the association in amounts provided for by the
rules and regulations of the association.
(b) Such annual apportionments of expenses shall be as
approved at each annual convention of the said association by
a majority vote of the members present, and when so approved
shall be paid from general county funds.
(437 amended Dec. 14, 1989, P.L.631, No.75)
(d) Removal of County Officers
Section 450. Removal of County Officers and Appointees.-(a) The county commissioners, the sheriffs, coroners,
prothonotaries, registers of wills, recorders of deeds,
treasurers, controllers, clerks of the courts, district
attorneys, and any other officers of the county, whether
elected or duly appointed to fill a vacancy, shall be
removable from office only by impeachment, or by the Governor,
for reasonable cause, after due notice and full hearing, on
the advice of two-thirds of the Senate, or upon conviction of
misbehavior in office or of any infamous crime, in accordance
with the Constitution of this Commonwealth, but their title to
office may be tried by proceedings of quo warranto as provided
by law. ((a) amended Nov. 27, 1968, P.L.1114, No.346)
(b) Appointees to county offices or positions other than to
elected offices shall be subject to removal at the pleasure of
the appointing power, except as otherwise expressly provided
by law, and they shall also be removed on conviction of
misbehavior in office or of any infamous crime.
(e) Conduct of Official Business
Section 460. Meetings Open to Public.--(a) All meetings,
regular and special, of the board of county commissioners and
of all boards, commissions and authorities, created by or
operating as agencies of the county, are hereby declared to be
public meetings, open to the public at all times.
(b) Nothing contained in this section shall prevent the
county commissioners or any such board, commission or
authority from holding executive sessions from which the
public is excluded, but no final official action shall be
taken as to any proposed or existing resolution, ordinance,
rule or regulation, or part thereof, at such an executive
session.
(f) Destruction of Valueless Records
Section 470. Authority to Destroy Valueless Records;
Approval of Courts.--(a) Whenever any officer of the county
shall have an accumulation of records or other papers in his
office which such officer shall deem valueless, he may destroy
and dispose of the same, provided he shall have first obtained
the approval of the court of common pleas, or of the orphans'
court of the county in the case of the office of register of
wills or clerk of the orphans' court.
(b) In any such case, the court of common pleas or the
orphans' court, as the case may be, may prescribe such
conditions, including the duty on such officer and the county
commissioners to have copied and replaced any such records or
papers by such mechanical process as is authorized by law, as
such court shall deem advisable.
(c) The provisions of this section shall not apply to the
recorder of deeds of the county, except as to written
instruments, documents or papers lodged for record and
recorded and which were thereupon returnable to the persons
entitled thereto, when such persons have failed to call for
the same after a period of one year from the time they were
ready for delivery and return.
Section 471. Destruction of Retired Public Bonds and
Insurance Policies.--The county commissioners are hereby
authorized and empowered to destroy by incineration, under the
terms and conditions hereinafter provided, retired public
bonds and coupons, whether serial or otherwise, and expired
insurance policies on county property.
Section 472. Petition to Common Pleas for Order for
Destruction.--(a) Bonds of the county which have heretofore
matured or may hereafter mature and all coupons pertaining to
the same, upon redemption by the treasurer of the county, and
all expired insurance policies on county property, both real
and personal, which have been expired for a period of not less
than six years, may be destroyed by incineration at a place to
be designated by the county commissioners. Before the
destruction of any such public records, there shall first be
filed a petition in the court of common pleas of the county,
by either the county commissioners, the county controller or
the county treasurer, or by all of them jointly, setting forth
full and detailed information about the numbers, valuations
and maturity dates of the bonds so to be destroyed, and full
and detailed information in regard to the insurance policies,
including the date of issuance, the name of the risk, the
amount of the coverage, the date of expiration, and the
disposition of any claim made in regard to said policy or
policies so to be destroyed.
(b) In case of the failure or refusal of either the county
commissioners, the county controller or the county treasurer
to join in the prayer of the said petition, the court shall
make a preliminary order upon those officers failing or
refusing to sign said petition to show cause why such
destructions should not be effected, said rule to be
returnable in ten days.
(c) After a hearing thereon, the court of common pleas of
the county shall make such order as it may deem advisable and
proper under the facts. After an order for said destruction of
said public records, if the court of common pleas grants the
prayer of the petition for the said destruction of said bonds
and coupons and insurance policies, the county commissioners
shall, at an appointed place designated by them, at a period
not less than sixty days from the date of said order, publicly
destroy said records, and the county controller shall make a
minute in his office of such records destroyed.
Article V
County Commissioners and Chief Clerk
(a) Commissioners
Section 501. Election; Vacancies.--(a) Three county
commissioners shall be elected in the county in the year one
thousand nine hundred and fifty-five and every fourth year
thereafter. In the election of commissioners, each qualified
elector shall vote for no more than two persons. The three
persons having the highest number of votes shall be elected.
(b) Any 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, by the appointment of an
elector of the county who voted for the commissioner whose
place is to be filled.
Section 502. Organization.--The county commissioners shall
meet on the first Monday of January in the year one thousand
nine hundred and fifty-six and on the first Monday of January
every fourth year thereafter, in the office provided for them
at the county seat, for the purpose of organization.
Section 503. Quorum; Execution of Official Instruments.-(a) The commissioners shall constitute a board, two members of
which shall be a quorum for the transaction of business, and
when convened in pursuance of notice or according to
adjournment shall be competent to perform all the duties
appertaining to the office of county commissioners.
(b) Where any official document, instrument or official
paper is to be executed by the county commissioners, it shall
be done by at least two of the commissioners and attested by
the chief clerk who shall affix the county seal thereto.
Section 504. Certified Copies of Proceedings to be
Evidence.--Copies of the proceedings of the commissioners and
of all records in their possession, certified by their chief
clerk under the county seal, shall be admitted in evidence in
any of the courts of this Commonwealth.
Section 505. Power to Administer Oaths.--The commissioners
shall respectively have power to administer oaths and
affirmations in all cases arising in the performance of the
duties of their office.
Section 506. Expenses.--The county commissioners shall be
allowed their expenses necessarily incurred and actually paid
in the discharge of their official duties or in the
performance of any service, office or duty imposed upon county
commissioners.
Section 507. Office Furniture, Stationery, Etc.--(a) The
county commissioners, at the cost of the county, shall
purchase and provide the office furniture, equipment and
supplies, blank books, blanks, dockets, books for records,
stationery, postage, fuel, light and janitor and telephone
service required for each of the county officers whose offices
are located in the county buildings or at such other places at
the county seat as may be designated by the commissioners, and
all supplies used by the public in connection with such
offices.
(b) The county commissioners, at the cost of the county,
shall purchase and provide all of the same items as needed for
each of the county officers whose offices are not required by
law to be kept and maintained in county buildings or at the
county seat.
Section 508. Ordinances and Resolutions.--(a) The board of
commissioners may adopt resolutions and ordinances prescribing
the manner in which powers of the county shall be carried out
and generally regulating the affairs of the county.
(b) The board of county commissioners may formulate and
adopt ordinances, resolutions, rules and regulations,
pertaining to the use of any property owned or used by the
county and the conduct of persons in, on or about such county
property, in order to preserve such property and to promote
and preserve the public health, safety and welfare. The rules
and regulations shall be published, promulgated and become
effective in the same manner as other resolutions and
ordinances of the county.
(b.1) All such proposed ordinances, unless otherwise
provided by law, shall be published at least once in one
newspaper of general circulation in the county not more than
sixty (60) days nor less than seven (7) days prior to passage.
Public notices of any proposed ordinance shall include either
the full text thereof or the title and a brief summary
prepared by the county solicitor setting forth all the
provisions in reasonable detail and a reference to a place
within the county where copies of the proposed ordinance may
be examined. If the full text is not included a copy thereof
shall be supplied to the same newspaper of general circulation
in the county at the time the public notice is published. If
the full text is not included an attested copy thereof shall
be filed in the county law library. In the event substantial
amendments are made in the proposed ordinance or resolution,
upon enactment, the commissioners shall within ten (10) days
re-advertise in one newspaper of general circulation in the
county, a brief summary setting forth all the provisions in
reasonable detail together with a summary of the amendments.
Such ordinances shall not become effective until recorded in
the ordinance book of the county. In any case in which maps,
plans or drawings of any kind are adopted as part of an
ordinance, the commissioners may, instead of publishing the
same as part of the ordinance, refer in publishing the
ordinance to the place where such maps, plans or drawings are
on file and may be examined.
(c) All such resolutions, rules and regulations unless
otherwise provided by law, shall be published at least once in
one newspaper of general circulation in the county. Such
resolutions, rules and regulations shall not become effective
until ten days after the publication aforesaid. In lieu of
publishing the resolutions, rules or regulations in their
entirety, the county commissioners may publish the title or a
summary thereof and the place where such resolutions, rules or
regulations, together with such maps, plans or drawings which
may be part thereof, are on file and may be examined.
(d) Any person violating any of the ordinances, resolutions,
rules and regulations, formulated and adopted by the board of
county commissioners pursuant to this section, shall, upon
conviction thereof at a summary proceeding, be sentenced to
pay such fine as may be prescribed in such ordinances,
resolutions, rules and regulations by the county commissioners
but not in excess of one hundred dollars ($100), to be paid to
the use of the county, with costs of prosecution, or to be
imprisoned in the county jail for not more than thirty (30)
days, or both.
The board of county commissioners may also prescribe fines
and penalties, not exceeding five hundred dollars ($500), for
the violation of county ordinances, which fines and penalties
may be collected by suit brought in the name of the county in
like manner as debts of like amount may be sued for.
(508 amended Dec. 1, 1977, P.L.234, No.74)
Section 509. Take Money and Property By Gift, etc.--The
county commissioners may take by gift, grant, devise or
bequest, any money or property, real, personal or mixed, in
trust for the benefit of the county, and the care and
management, investment, sale, reinvestment and disposal of
such trust funds or property shall be vested in the sinking
fund commission and shall be governed thereby, subject to such
direction as the donors of such funds and property may
prescribe.
Section 510. Creation of Capital Reserve Fund for
Anticipated Capital Expenditures.--The county commissioners
shall have the power to create and maintain a separate capital
reserve fund for anticipated legal capital expenditures. The
money in the fund shall be used from time to time for the
construction, purchase or replacement of or addition to county
buildings, equipment, machinery, motor vehicles or other
capital assets of the county and for no other purpose.
The county commissioners may, annually, appropriate moneys
from the general county funds not to exceed five per cent of
the current general county fund budget, to be paid into the
capital reserve fund, or place in the fund any moneys received
from the sale, lease or other disposition of any county
property or from any other source unless received or acquired
for a particular purpose. The fund shall be controlled,
invested, reinvested and administered, and the moneys therein
and income from such moneys expended for any of the purposes
for which the fund is created in such manner as may be
determined by the county commissioners. The money in the fund
when invested shall be invested in securities designated by
law as legal investments for sinking funds of municipalities.
This clause shall not be construed to limit the powers of
the county to the use of moneys in the capital reserve fund in
making lawful capital expenditures.
(510 added Dec. 8, 1959, P.L.1723, No.635)
Section 511. Operating Reserve Fund.--(a) The county
commissioners shall have the power to create and maintain a
separate operating reserve fund in order to minimize future
revenue shortfalls and deficits, provide greater continuity
and predictability in the funding of vital government
services, minimize the need to increase taxes to balance the
budget in times of fiscal distress, provide the capacity to
undertake long-range financial planning and develop fiscal
resources to meet long-term needs.
(b) The county commissioners may annually make
appropriations from the general county fund to the operating
reserve fund, but no appropriation shall be made to the
operating reserve fund if the effect of the appropriation
would cause the fund to exceed five per cent of the estimated
revenues of the county's general fund in the current fiscal
year.
(c) The commissioners may at any time, by resolution, make
appropriations from the operating reserve fund for the
following purposes only:
(1) to meet emergencies involving the health, safety or
welfare of the residents of the county;
(2) to counterbalance potential budget deficits resulting
from shortfalls in anticipated revenues or program receipts
from whatever source; or
(3) to provide for anticipated operating expenditures
related either to the planned growth of existing projects or
programs or to the establishment of new projects or programs
if for each such project or program appropriations have been
made and allocated to a separate restricted account
established within the operating reserve fund.
(d) The operating reserve fund shall be invested, reinvested
and administered in a manner consistent with the provisions of
section 1964 of this act relating to the investment of county
funds generally.
(511 added Oct. 30, 2000, P.L.616, No.85)
(b) Chief Clerk of County Commissioners
Section 520. Chief Clerk.--The county commissioners shall
appoint a chief clerk.
Section 521. Duties and Powers of Chief Clerk.--(a) The
chief clerk shall keep the books and accounts of the board of
county commissioners, record and file their proceedings and
papers, attest all orders and warrants issued by them, and
perform all other duties pertaining to his office as chief
clerk.
(b) He shall have general power to administer oaths and
affirmations pertaining to the business of the office of the
county commissioners.
Article V-A
Civil Service
(Art. added Nov. 30, 1967, P.L.649, No.299)
Section 501-A. Civil Service for Certain Employes.--The
county commissioners are hereby authorized to establish by
ordinance, a merit system for the selection, tenure, promotion
and discharge of employes involved in any work for which the
county receives or is eligible to receive Federal or State
grants-in-aid.
(501-A added Nov. 30, 1967, P.L.649, No.299)
Article VI
Controller
Section 601. Election and Term; Seal.--(a) At the municipal
election immediately preceding the expiration of the term of
the controller now in office and quadrennially thereafter, the
qualified electors of the county shall elect one citizen of
the county, who shall serve as controller for the term of four
years from the first Monday of January following his election
or until his successor shall be qualified, if he so long shall
behave himself well.
(b) The county controller shall be provided with an official
seal of his office by the county commissioners of the county
which shall be used for the attestation of all official
papers.
Section 602. Eligibility.--(a) No person holding office
under the United States shall be eligible to the office of
county controller during his continuance in such office nor
until one year thereafter.
(b) The county commissioners, county treasurer,
prothonotary, register of wills, clerk of the courts, recorder
of deeds, sheriff and district attorney and their chief clerks
or deputies shall be ineligible, during their continuance in
such office and for two years thereafter, to the office of
county controller.
(c) The controller shall always be eligible to re-election
or appointment.
Section 603. Deputy Controller and Clerks.--The controller
shall appoint a deputy controller and clerks, and may
authorize one or more of the clerks employed in his office to
administer to all persons oaths and affirmations pertaining to
the business of the office, with the same force and effect as
if administered by the controller or deputy controller.
Section 604. Solicitor to the Controller.--The county
controller may designate and appoint one person learned in the
law to act as his solicitor. Such solicitor shall advise upon
all such legal matters as may be submitted to him and shall
conduct any litigation desired by the county controller. He
shall hold office at the pleasure of the controller. He shall
receive such salary as may be fixed by the salary board.
Section 605. Expenses.--The county controller and his deputy
clerks and employees shall be allowed their expenses
necessarily incurred and actually paid in the discharge of
their official duties or in the performance of any service or
duty imposed upon them.
Article VII
Lot and Block System
Section 701. County Commissioners to Establish.--The county
commissioners are hereby empowered to establish, in the office
of the county controller, the 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 to be assessed for county, city, borough, township,
school and institution district taxation.
Section 702. Systems Which may be Adopted.--In establishing
the said lot and block system, the commissioners may adopt any
system covered by such designation, now in use either in
municipalities in the Commonwealth or in use in the
municipalities in other states, or a combination of such
systems, as they shall deem proper, in order to supply the
needs of said county.
Section 703. Cost and Expense.--For the purpose of defraying
the cost and expense of establishing said lot and block
system, the commissioners may use current tax revenue or may
issue general obligation bonds in such amounts as are
necessary and in such manner as provided by the Municipal
Borrowing Law.
Section 704. Part of System Transferred to Deed Registry
Office, Part Maintained in Office of Controller.--When
installation of the lot and block system has been completed,
the division of said system having custody of the plats and
plat books and the upkeep of the same shall be transferred to
the deed registry office of said county, and the files, cards,
indexes and records relating to the liening of county taxes
shall remain in and be maintained by the office of the
controller of said county. The deed registrar and the
controller of the county are hereby charged with and required
to operate and maintain the several portions of the lot and
block system placed in their custody, as herein provided.
Section 705. Putting System into Effect.--Where the
commissioners have established the lot and block system in the
office of the county controller, and where the county
controller has certified to the commissioners that said system
has been completely installed in either the whole of the
county or completely installed in one or more municipal
subdivisions thereof, then the commissioners shall proceed to
put said system into effect in the manner hereinafter set
forth.
Section 706. Petition to Common Pleas; Determination;
Order.--Immediately upon the receipt of the certification of
completion from the county controller, the commissioners shall
present their petition to the Court of Common Pleas, setting
forth the establishment of such lot and block system, the fact
of its completion, either in the county as a whole or within
one or more municipal subdivisions, and a brief statement
describing the method of operation of the lot and block system
so established. If the court shall determine that the said
system has been established in accordance with the provisions
of this article and has been completed, it shall make an order
placing the same in effect as of the first Monday of January
next succeeding such order.
Section 707. Effect of Order: Correction of Assessments;
Recording Instruments; Tax Bills; Liens; Tax Sales.--The
effect of the order of the Court of Common Pleas shall be as
follows:
(a) The district assessors appointed by the Board of
Property Assessment, Appeals and Review, whose assessments are
being made within the municipal subdivisions that have had the
lot and block system completed therein, shall immediately
proceed to correct their original books of assessment by
adding thereto the lot and block system descriptive numbers.
(b) The Board of Property Assessment, Appeals and Review
shall, as to assessments already in its hands, which
assessments are within municipal subdivisions covered by said
order or orders of court, correct such assessments by adding
thereto the lot and block system descriptive numbers.
(c) The recorder of deeds shall receive for recording any
deed that shall refer to a specific parcel of real estate,
whether or not said deed shall bear the certification by the
custodian of the lot and block system that the lot and block
system descriptive numbers incorporated in the description of
the real estate described therein are correct, but before
transcribing any such deed lacking the certification, he shall
obtain the same from the custodian of the lot and block
system.
(d) The treasurer or tax collector of each city, borough,
town, township or school district, where the lot and block
system has been completed under the order of court, shall
place upon each tax bill sent out, and upon each tax receipt
issued upon payment, the lot and block system descriptive
numbers.
(e) The county controller, in the case of the county, and
the treasurer, tax collector or solicitor, as the case may be,
in each city, borough, township or school district, within
which the lot and block system has been completed, shall, at
the time of filing liens for unpaid taxes with the
prothonotary, set forth on such liens the individual lot and
block system descriptive numbers, and the prothonotary shall
not receive and file such liens unless the said descriptive
numbers are contained thereon.
(f) For the purposes of the sale of real estate for
delinquent taxes, either by the sheriff of the county or by
the commissioners and treasurer of the county, or by the
treasurer of any city, the lot and block system descriptive
numbers are hereby declared to be sufficient description for
the advertising preceding such sale, for the oral description
read at such sale prior to receiving bids, and for the
purposes of the description to be inserted in any tax deed to
be given to the purchaser at such sale.
Section 708. Registration of Ownership of Property.--(a) All
persons, corporations, municipal corporations, authorities,
districts or political subdivisions, hereafter acquiring any
interest in real estate, whether by purchase, gift, devise,
inheritance, order of court, treasurer's sale, sheriff's sale,
judicial sale, eminent domain or otherwise, shall register in
the office of the county commissioners their deeds,
resolutions, orders of court or other evidence of title, so
that the same may be endorsed in accordance with the act of
May 2, 1899 (P.L.162).
(b) No real estate so registered shall be subject to sale
for taxes or other municipal claims, except in the name of the
owner as registered in accordance with the provisions of this
section.
(c) All persons, corporations, municipal corporations,
authorities, districts or political subdivisions, heretofore
acquiring any interest in real estate, may register their real
estate in accordance with the provisions of this section.
(708 added Oct. 22, 1959, P.L.1358, No.468)
Article VIII
Treasurer
Section 801. County Treasurer; Eligibility.--No judge,
clerk or prothonotary of any court, register of wills,
recorder of deeds, county commissioner or county controller
shall be eligible to serve as county treasurer during their
continuance in office.
(801 amended Nov. 26, 1968, P.L.1102, No.343)
Section 802. Bond in Favor of Commonwealth.--(802 repealed
Nov. 22, 2011, P.L.431, No.106)
Section 803. Removal from Office for Failure to Transmit
Bond to Auditor General.--(803 repealed Nov. 22, 2011,
P.L.431, No.106)
Section 804. When Auditor General to Deliver Up Bond of
Treasurer.--(804 repealed Nov. 22, 2011, P.L.431, No.106)
Section 805. Misapplication of Funds Collected for Specific
Purposes.--Whenever any moneys are collected by law in any
county for any special purpose and paid into the hands of the
treasurer of the county, it shall be unlawful for such
treasurer to apply such moneys or any part thereof to any
other purpose than that for which such moneys were collected.
Every such misapplication shall be a misdemeanor, upon
conviction whereof the treasurer shall be punished by a fine
of not less than the amount so misapplied and by imprisonment
for not less than three months nor more than one year.
Section 806. Deputy Treasurer.--The county treasurer is
hereby authorized to appoint a deputy county treasurer who
shall perform such duties as shall be prescribed by the county
treasurer.
Section 807. Solicitor to County Treasurer.--The county
treasurer is hereby authorized to appoint one person, learned
in the law, as his solicitor. The solicitor shall advise upon
all legal matters that may be submitted to him and shall
conduct any litigation when requested so to do by the
treasurer.
(807 added June 4, 1969, P.L.53, No.17)
Article IX
County Solicitor
Section 901. Appointment; Qualifications.--The county
commissioners shall appoint a county solicitor, who shall be
an attorney-at-law admitted to practice in the courts of this
Commonwealth. He shall, before entering upon the duties of his
office, file with the county commissioners an agreement to pay
all fees, attorney's fees and commissions received from every
source as county solicitor into the county treasury.
Section 902. Duties.--He shall commence and prosecute all
suits brought or to be brought by the county wherein or
whereby any rights, privileges, properties, claims or demands
of the county are involved, as well as defend all actions or
suits brought against the county, and shall perform all duties
now enjoined by law upon county solicitors, and shall do all
and every professional act and render legal advice incident to
the office, which may be required of him by the commissioners.
Section 903. Employes.--The county solicitor may, with the
approval of the county commissioners, appoint such clerks and
stenographers as may be necessary in the discharge of his
duties.
Section 904. Assistant Solicitors.--The county solicitor
may, with the consent of the county commissioners, appoint, to
assist him in the discharge of the duties of his office,
assistant county solicitors and special counsel, who shall be
attorneys-at-law admitted to practice in the courts of this
Commonwealth. Each assistant and special counsel shall perform
such duties in connection with the legal affairs of the county
as may be assigned to him by the county commissioners or the
county solicitor.
Article X
Engineer
(Hdg. amended Nov. 27, 1968, P.L.1114, No.346)
Section 1001. County Engineer; Appointment; Term.--The
county commissioners of the county may appoint a professional
engineer in civil engineering who shall be styled the county
engineer. Such engineer shall serve at the pleasure of the
commissioners.
(1001 amended Nov. 27, 1968, P.L.1114, No.346)
Section 1002. Duties.--The county engineer shall:
(1) prepare plans, specifications and estimates of all
engineering work undertaken by the county, and whenever
required shall furnish the commissioners with reports,
information or estimates on any such work, and, in general,
shall perform all such duties with reference to any county
engineering work as the county commissioners may from time to
time prescribe;
(2) perform all duties relating to surveying as may be
assigned to him by the county commissioners or by law; and
(3) perform all duties heretofore imposed on county
surveyors.
(1002 amended Nov. 27, 1968, P.L.1114, No.346)
Article XI
Board of Viewers
(Art. repealed Apr. 28, 1978, P.L.202, No.53)
Section 1101. Number of Members; Qualifications.--(1101
repealed Apr. 28, 1978, P.L.202, No.53)
Section 1102. Qualifications.--(1102 repealed Apr. 28, 1978,
P.L.202, No.53)
Section 1103. Appointment of Members; Vacancies; Rules and
Regulations.--(1103 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1104. Term of Office; Removal.--(1104 repealed Apr.
28, 1978, P.L.202, No.53)
Section 1105. Power to Administer Oaths.--(1105 repealed
Apr. 28, 1978, P.L.202, No.53)
Section 1106. Clerks and Stenographers.--(1106 repealed Apr.
28, 1978, P.L.202, No.53)
Article XII
Sheriff and Coroner
(a) Sheriff
Section 1201. Unfinished Business of Outgoing Sheriff.-(a) It shall be the duty of every outgoing sheriff to deliver
all unfinished and unexecuted writs and process whatsoever to
his successor, whose duty it shall be to receive and execute
the same as if said writs and process had been originally
issued and directed to him, and to carry out and complete all
other official duties of his predecessor.
(b) Whenever any real estate shall be sold under any
execution by a sheriff who shall in any lawful manner be
succeeded in office before any deed shall be executed and
acknowledged by him in due form of law for such real estate,
his successor in office shall have the same power and be under
the same duty to execute and acknowledge a deed for such real
estate to the purchaser thereof as the sheriff selling such
real estate under execution if he were still in office, which
deed so executed shall be as effectual in law as if the title
had been completed by the former sheriff.
(c) No court order shall be necessary in any event to
authorize an incoming sheriff to carry out his duties as
prescribed by this act.
Section 1202. Sheriff May Act by Deputy.--Whenever the
sheriff is or shall be required by law to act in person under
or by virtue of any writ or process whatsoever issued by the
courts of this Commonwealth, he may act either in person or by
a regularly appointed deputy sheriff.
Section 1203. Chief Deputy.--The sheriff of the county shall
appoint, by commission duly recorded in the office for
recording deeds, a chief deputy, whose appointment shall be
revocable by the sheriff at pleasure on recording in said
office a signed revocation thereof. The chief deputy, during
his continuance in office, shall have full power and authority
to perform any duty incumbent upon such sheriff with like
effect in law as if such official act had been done by the
sheriff in person, regardless of the ability or temporary
disability of such sheriff to act while such sheriff continues
in office. Nothing in this section shall operate to relieve
such sheriff or his sureties from liability upon their
official bond.
Section 1203.1. Chief Deputy in Counties of the Second
Class.--In counties of the second class, the sheriff of the
county shall appoint in accordance with section 1216, by
commission duly recorded in the Department of Real Estate, a
chief deputy, whose appointment shall be revocable by the
sheriff at pleasure on recording in said department a signed
revocation thereof. The chief deputy, during his continuance
in office, shall have full power and authority to perform any
duty incumbent upon such sheriff with like effect in law as if
such official act had been done by the sheriff in person,
regardless of the ability or temporary disability of such
sheriff to act while such sheriff continues in office. Nothing
in this section shall operate to relieve such sheriff or his
sureties from liability upon their official bond.
(1203.1 added Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which added
section 1203.1, provided that Act 89 shall apply to
contracts and purchases advertised on or after January 1
of the year following the effective date of section 6.
Section 1204. Real Estate Deputy.--The sheriff may have a
real estate deputy to take charge of all matters relating to
sheriff's sales of real estate and distributions of the
proceeds thereof, whose appointment shall be made and be
revocable, as hereinbefore provided for the chief deputy. Such
deputy shall have full power to perform all duties incumbent
upon the sheriff, in like manner as his chief deputy, with
like effect in law as if such official acts had been done by
the sheriff in person. Such duties shall include the execution
and acknowledgment of sheriff's deeds for real estate upon
receipt of the purchase price thereof. Nothing in this act
shall operate to relieve the sheriff or his sureties from
liability upon their official bonds, but such liability shall
continue as heretofore.
Section 1205. Deputies and Clerks.--The sheriff of the
county may appoint such deputies and clerks as may be
necessary to properly transact the business of his office. He
may revoke the appointment of deputies in the same manner as
his chief deputy.
Section 1205.1. Deputies and Clerks in Counties of the
Second Class.--In counties of the second class, the sheriff of
the county may appoint in accordance with section 1216, such
deputies and clerks as may be necessary to properly transact
the business of his office.
(1205.1 added Nov. 3, 2011, P.L.360, No.89)
Section 1206. Deputy Sheriffs; Qualifications.--A sheriff
shall not appoint any person a chief deputy or any other
deputy sheriff unless the sheriff files with the prothonotary,
prior to the appointment of such person, the name and
photograph of such person, together with an affidavit of such
person setting forth the following:
(1) His full name, age and residence address;
(2) That he is a citizen of the United States and eighteen
years of age or over; ((2) amended June 16, 1972, P.L.466,
No.148)
(3) That he has resided in the county for a period of at
least two years immediately preceding the filing of such
affidavit;
(4) That he has never been convicted of a crime involving
moral turpitude under the laws of this Commonwealth or of any
other state or of the United States;
(5) That he has not, for a period of two years immediately
preceding the filing of such affidavit, acted either for
himself or as the agent or employe of another in any labor
dispute, or hired himself out or performed any service as a
private detective, private policeman or private guard in any
labor dispute, or received any fee or compensation whatsoever
for acting as a private detective, private policeman or
private guard in any labor dispute, or conducted the business
of a private detective agency or of any agency supplying
private detectives, private policemen or private guards, or
advertised or solicited any such business in this Commonwealth
in connection with any labor dispute.
Section 1207. False Statements in Deputy's Affidavit.--Any
false statement contained in any such affidavit shall
constitute perjury and shall be punishable as such.
Section 1208. Filed Items Public Records.--The name,
photograph and affidavit of any such person so filed with the
prothonotary shall constitute a public record.
Section 1209. Public List of Applicants for Deputy Sheriff.-The sheriff shall, from time to time, prepare a list of the
names of all persons who have applied for appointment as
deputy sheriff and who meet the qualifications hereinbefore
prescribed. Such list shall be posted in a public place for a
period of not less than ten days, and thereafter shall be
filed in the office of the prothonotary. No deputies shall be
appointed by the sheriff whose names do not appear on said
list.
Section 1209.1. Public List of Applicants for Deputy
Sheriff in Counties of the Second Class.--In counties of the
second class, the sheriff shall, from time to time, prepare a
list of the names of all persons who have applied for
appointment as deputy sheriff and who meet the qualifications
hereinbefore prescribed. Such list shall be posted in a public
place for a period of not less than ten (10) days and
thereafter shall be filed in the Department of Court Records civil division. No deputies shall be appointed by the sheriff
whose names do not appear on said list.
(1209.1 added Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which added
section 1209.1, provided that Act 89 shall apply to
contracts and purchases advertised on or after January 1
of the year following the effective date of section 6.
Section 1210. Private Services, Gifts and Payments;
Contracts Prohibited.--(a) No sheriff, deputy sheriff,
detective or other county police officer whatsoever shall
perform, directly or indirectly, any official services or
official duties for any person, association or corporation, or
receive, directly or indirectly, any compensation, gifts or
gratuities from any person, association or corporation, during
the period of his official services. Nothing herein contained
shall prohibit such officers from serving writs and other
legal process as authorized by law. Any compensation payable
to any such officer for official duties and services shall be
paid only out of the public funds, to the amount and in the
manner prescribed by law. Gifts, donations and gratuities of
any nature whatsoever, made by any person, association or
corporation to the county or to any official or agent thereof,
shall not constitute public funds within the meaning of this
section.
(b) No county, or any official or agent thereof, shall
accept as a gratuity, gift or donation any arms, ammunition,
military supplies, tear gas or equipment, or supplies or
articles of a similar character from, nor shall any such
gratuity, gift or donation be made by, any person, association
or corporation.
(c) Any contract or agreement whatsoever made in violation
of the provisions of this section shall be utterly void and of
no effect in law or in equity and is hereby declared to be
contrary to public policy.
Section 1211. Penalties.--Any sheriff, deputy sheriff or any
other county police officer whatsoever, or any other official
of the county, or any person, association or corporation
violating any of the provisions of sections 1206, 1209 or 1210
of this act, shall be guilty of a misdemeanor, and, upon
conviction, shall be sentenced to pay a fine of not less than
one hundred dollars ($100) nor more than five hundred dollars
($500), or to undergo imprisonment for not less than ninety
(90) days nor more than two years, or both.
Section 1212. Construction.--Nothing contained in sections
1206 or 1210 of this act shall be construed:
(a) To prohibit the payment by any person, association or
corporation of fees or compensation for county police or other
peace officers assigned to exhibitions, athletic contests or
other recreational activities.
(b) To prohibit the appointment, employment or compensation
by the county, in the manner expressly provided by law, of (1)
night watchmen, (2) railroad police, (3) bank police, (4)
payroll police, (5) special policemen, to police and protect
cemeteries and grounds and buildings open to the public, or to
enforce laws for the prevention of cruelty to persons or
animals, (6) fire police, whose only duty shall be to direct
traffic and maintain order to, at or from fires, (7) police or
guards employed by nonprofit corporations or organizations.
Section 1213. Solicitor.--The sheriff may appoint one person
learned in the law and admitted to practice in the county of
this Commonwealth as his solicitor. Said solicitor shall
advise the sheriff upon all legal matters that may be
submitted to him, and shall conduct any litigation in
connection with the sheriff's office, when requested so to do
by the sheriff.
Section 1214. Chief Deputy Sheriff to Act as Sheriff in
Case of a Vacancy.--If the sheriff shall be legally removed
from his office, or shall die before the expiration of the
term for which he was commissioned, the chief deputy sheriff
of the county shall execute the office of sheriff and perform
all things thereunto appertaining and receive the compensation
provided by law for sheriffs until another sheriff is
commissioned and notice thereof is given to such chief deputy
sheriff.
(1214 amended July 16, 1975, P.L.70, No.41)
Section 1215. Sheriff to Keep Docket.--Every sheriff and
every coroner acting as sheriff shall provide and keep in his
office a book or books in which he shall enter all writs that
may come to him and the proceedings thereon, and at the
expiration of his term of office, such book or books shall be
deposited in the office of the prothonotary, for the
inspection of all persons interested therein.
Section 1216. Sheriff's Employes, Counties of Second
Class.--(a) Appointment and promotion of deputies and other
employes in the office of sheriff of a county of the second
class shall be made in the manner provided by the act of May
31, 1974 (P.L.296, No.94), entitled "An act providing for the
appointment, promotion, reduction in rank, suspension,
furlough, discharge and reinstatement of deputy sheriffs in
counties of the second class; extending civil service coverage
to such deputies; and providing penalties," except as
otherwise provided in this section.
(b) Whenever a vacancy is likely to occur or is to be
filled in a permanent position in the office of sheriff, the
sheriff shall submit to the department of human resources a
statement indicating the position to be filled. The department
of human resources shall thereupon certify to the sheriff the
names of the three eligibles willing to accept appointment who
are highest, according to the results of the written
examination, on the appropriate promotion list or employment
list, whichever is in existence. If there are less than three
eligibles on appropriate eligible lists who are willing to
accept appointment, the department of human resources shall
certify all the names on these lists. If upon inquiry by the
department of human resources or appropriate authority any
person on any promotion or employment list is found to be not
available for promotion or appointment, the person's name
shall not for the time being be considered among the names
from which a promotion or appointment is to be made.
(c) Appointees shall be selected for each existing vacancy
from the eligible list in the order of names of the three
persons thereon who have received the highest average on the
written examination. Examinations shall be administered for
positions of the rank of lieutenant and below, and interviews
shall be conducted with the three persons who have received
the highest average. Appointments shall be made from among the
three persons who received the highest average combined score
of the examination and interview.
(d) Civil service examinations to test applicants shall
relate to such matters and include such inquiries as will
fairly test the merits and fitness of the persons examined to
discharge the duties of employment.
(e) Probationary appointments to positions in the force
may, notwithstanding section 6 of the act of May 31, 1974
(P.L.296, No.94), be terminated, for cause, prior to
completion of the nine-month probationary period.
(f) Notwithstanding the provisions of section 1(c) of the
act of May 31, 1974 (P.L.296, No.94), all positions of the
rank of lieutenant and below shall be classified as
competitive, thereby extending civil service coverage to such
lieutenants in the applicable bargaining unit. Persons holding
positions of lieutenant or below on the effective date of this
section shall continue to occupy those positions but shall
fulfill the requirements of any future promotions on and after
the effective date of this amendment. New openings for a
vacancy in the position of lieutenant and below shall be
classified as competitive on and after the effective date of
this section.
(g) In no case shall an applicant for promotion to the
position of sergeant in the sheriff's office be considered
until the applicant shall have first served three years in the
sheriff's office as a deputy sheriff. No member of the
sheriff's office shall be eligible to take any promotional
examination for the position of sergeant until after serving
three (3) years in the sheriff's office as a deputy sheriff.
No member of the sheriff's office shall be eligible to take a
promotional examination for the position of lieutenant unless
the member holds the position of sergeant in the sheriff's
office. Each member of the sheriff's office shall have his
examination mark or grade increased by an additional one-half
point for each year he served in the sheriff's office, but
such additional points shall not exceed ten points. Points
shall be added to the mark or grade of only those members
passing the examination.
(h) All applicants for examination shall undergo a physical
examination which shall be conducted under the supervision of
a doctor of medicine. No person shall be eligible for
appointment until a doctor certifies to the department of
human resources or appropriate authority that the applicant is
free from any physical or mental conditions which would
preclude him or her from the discharge of the duties of the
position desired in the sheriff's office.
(1216 amended Nov. 3, 2011, P.L.360, No.89)
Compiler's Note: Section 6 of Act 89 of 2011, which amended
section 1216, provided that Act 89 shall apply to
contracts and purchases advertised on or after January 1
of the year following the effective date of section 6.
Section 1217. Political Activity by Sheriff's Employes in
Counties of the Second Class.--(a) No employe shall use his
official authority or influence for the purpose of interfering
with or affecting the result of an election.
(b) No employe shall take an active part in political
management or in a political campaign. Activities prohibited
by this subsection include, but are not limited to, the
following activities:
(1) Serving as an officer of a political party, a member of
a National, State or local committee of a political party or
an officer or member of a committee of a partisan political
club or being a candidate for any of these positions.
(2) Organizing or reorganizing a political party
organization or political club.
(3) Directly or indirectly soliciting, receiving,
collecting, handling, disbursing or accounting for
assessments, contributions or other funds for a partisan
political purpose.
(4) Organizing, selling tickets to, promoting or actively
participating in a fund-raising activity of a candidate in a
partisan election or of a political party or political club.
(5) Taking an active part in managing the political campaign
of a candidate for public office in a partisan election or a
candidate for political party office.
(6) Becoming a candidate for or campaigning for an elective
public office in a partisan election.
(7) Soliciting votes in support of or in opposition to a
candidate for public office in a partisan election or a
candidate for political party office.
(8) Acting as recorder, watcher, challenger or similar
officer at the polls on behalf of a political party or a
candidate in a partisan election.
(9) Driving voters to the polls on behalf of a political
party or a candidate in a partisan election.
(10) Endorsing or opposing a candidate for public office in
a partisan election or a candidate for political party office
in a political advertisement, a broadcast, campaign,
literature or similar material.
(11) Serving as a delegate, alternate or proxy to a
political party convention.
(12) Addressing a convention, caucus, rally or similar
gathering of a political party in support of or in opposition
to a partisan candidate for public office or political party
office.
(13) Initiating or circulating a partisan nominating
petition.
(14) Soliciting, paying, collecting or receiving a
contribution at or in the workplace from any employe for any
political party, political fund or other partisan recipient.
(15) Paying a contribution at or in the workplace to any
employe who is the employing authority of the person making
the contribution for any political party, political fund or
other partisan recipient.
(c) An employe or individual to whom subsection (a) or (b)
applies retains the right to vote and to express an opinion on
political subjects and candidates and may engage in the
following activities:
(1) Register and vote in any election.
(2) Express an opinion as an individual privately and
publicly on political subjects and candidates.
(3) Display a political picture, sticker, badge or button
when not on duty and at locations other than the workplace.
(4) Participate in the nonpartisan activities of a civic,
community, social, labor or professional organization or of a
similar organization.
(5) Be a member of a political party or other political
organization or club and participate in its activities to the
extent consistent with this section.
(6) Attend a political convention, rally, fund-raising
function or other political gathering.
(7) Sign a political petition as an individual.
(8) Make a financial contribution to a political party or
organization.
(9) Be politically active in connection with a question
which is not specifically identified with a political party,
such as a constitutional amendment, referendum, approval of a
municipal ordinance or any other question or issue of a
similar character.
(10) Otherwise participate fully in public affairs, except
as prohibited by law, in a manner which does not materially
compromise efficiency or integrity as an employe or the
neutrality, efficiency or integrity of the sheriff's office.
(d) Notwithstanding anything in this section or any other
act to the contrary, no person shall be deemed ineligible for
the office of school director solely on the basis that such
person's political activities are otherwise restricted under
this section.
(e) Subsection (c) does not authorize an employe to engage
in political activity while on duty or while in a uniform that
identifies him as an employe. The sheriff of a county of the
second class may prohibit or limit the participation of an
employe or class of employes of the sheriff's office in an
activity permitted by subsection (c) if participation in the
activity would interfere with the efficient performance of
official duties or create a conflict or apparent conflict of
interests.
(f) An employe who violates this section shall be removed
from employment, and funds appropriated for the position from
which removed thereafter may not be used to pay the employe or
individual: Provided, That the civil service commission
created under section 1503 of this act at its discretion may
impose a penalty of suspension without pay for at least thirty
(30) days, but not more than one hundred twenty (120) days, if
it finds that the violation does not warrant termination.
(g) An employe who is currently an officer in a political
party or who holds a political office on the effective date of
this section may fulfill the remainder of his term. Upon
completion of the term, the provisions of this section shall
apply.
(h) The following words and phrases when used in this
section shall have, unless the context clearly indicates
otherwise, the meanings given to them in this subsection:
"Contribution" means any gift, subscription, loan, advance,
deposit of money, allotment of money or anything of value
given or transferred by one person to another, including in
cash, by check, by draft, through a payroll deduction or
allotment plan or by pledge or promise, whether or not
enforceable, or otherwise.
"Election" means a primary, municipal, special and general
election.
"Employe" means a person employed in the office of sheriff
of a county of the second class. The term includes management
employes, deputy sheriffs and clerical employes. The term does
not include a sheriff of a county of the second class.
"Employing authority" means an employe's supervisor.
"Partisan" when used as an adjective refers to a political
party.
"Political fund" means any fund, organization, political
action committee or other entity that, for purposes of
influencing in any way the outcome of any partisan election,
receives or expends money or anything of value or transfers
money or anything of value to any other fund, political party,
candidate, organization, political action committee or any
other entity.
(1217 added Jan. 27, 1998, P.L.1, No.1)
(b) Coroner
Section 1231. Deputies.--The coroner shall appoint a chief
deputy and may appoint one or more deputies to act in his
place and stead, as he may deem proper and necessary. Such
deputy or deputies shall have the same powers as the coroner.
(1231 amended July 16, 1975, P.L.70, No.41)
Section 1232. Duties with Respect to County Morgues.--The
coroner of the county shall make general rules and regulations
for the government and control of county morgues, and shall
appoint suitable persons for such morgues so established to
have charge of the same, and who shall be removable at the
pleasure of the coroner. The number of such persons and the
salary of each shall be fixed by the salary board.
Section 1233. Removal of Bodies to Morgue.--Whenever the
body of any deceased person who is unidentified, or which body
is unclaimed by proper persons, has been found within the
county, it shall be removed to the county morgue. The coroner
shall, if he deems it necessary, cause any such body to be
properly embalmed or prepared for preservation for such length
of time as he may think proper. Any such body shall be
examined or inspected only by such persons as the coroner
authorizes in writing or who are admitted in his presence. No
such body shall be removed from any such morgue except upon
the certificate of the coroner.
Section 1234. Ambulance.--In the county, the county
commissioners shall furnish and maintain, from the general
funds of the county, an ambulance for the removal of bodies of
deceased persons to and from the morgue and for the burial of
unclaimed bodies. The coroner may provide rules and
regulations for the use and maintenance of the ambulance.
Section 1235. Unclaimed Property of Deceased; Sales.-(a) The coroner shall safely keep in his charge all personal
effects and property which appear to have been on or about the
person at the time of his death, or being found on any
decedent whose body is received at the county morgue, and all
such effects and property which are delivered to him according
to law. The coroner shall hold such property for one year,
unless sooner claimed by legal representatives of the deceased
or otherwise duly and lawfully claimed or disposed of.
(b) After one year, the coroner shall cause such property
remaining unclaimed, or so much thereof as remains undisposed
of according to law, except moneys and such properties as
securities which may not be subject to such a sale, which
shall be turned over to the commissioners for proper
disposition or use, to be sold at public sale.
(c) Notice of any such public sale shall be published in at
least one newspaper of general circulation in the county once
a week for three successive weeks. The proceeds of all such
sales shall be paid immediately into the county treasury, and
the coroner shall make a written report thereof to the county
commissioners, under oath, at the same time. If the body has
been buried at the expense of the institution district, the
county shall pay the proceeds of sale, or such property as was
not subject to sale, as hereinbefore provided, less costs,
over to the institution district. The foregoing provisions
shall be in lieu of escheat to the Commonwealth.
Section 1235.1. Requests for Examinations and Reports.--(a)
Requests for examinations or other professional services by
other counties or persons may be complied with at the
discretion of the coroner pursuant to guidelines established
by the county commissioners.
(b) A set of fees and charges for such examinations or
professional services shall be established by the coroner,
subject to approval by the county commissioners, and shall be
accounted for and paid to the county treasurer pursuant to
section 1960. Payment for examinations or professional
services shall be the responsibility of the county or person
requesting such services.
(c) The coroner may charge and collect a fee of up to one
hundred dollars ($100) for each autopsy report, up to fifty
dollars ($50) for each toxicology report, up to fifty dollars
($50) for each inquisition or coroner's report and such other
fees as may be established from time to time for other reports
and documents requested by nongovernmental agencies. The fees
collected shall be accounted for and paid to the county
treasurer pursuant to section 1960 and shall be used to defray
the expenses involved in the county complying with the
provisions of the act of March 2, 1988 (P.L.108, No.22),
referred to as the Coroners' Education Board Law. In counties
of the second class, the collected fees shall also be used to
supplement any other moneys to defray the expenses of staff,
equipment and supplies related to determining cause and manner
of death.
(1235.1 amended July 9, 2014, P.L.1038, No.121)
Section 1236. Coroner's Investigations.--(a) The coroner
having a view of the body shall investigate the facts and
circumstances concerning deaths which appear to have happened
within the county, regardless where the cause thereof may have
occurred, for the purpose of determining whether or not an
autopsy should be conducted or an inquest thereof shall be
had, in the following cases:
(1) sudden deaths not caused by readily recognizable
disease or wherein the case of death cannot be properly
certified by a physician on the basis of prior (recent)
medical attendance;
(2) deaths occurring under suspicious circumstances,
including those where alcohol, drugs or other toxic substances
may have had a direct bearing on the outcome;
(3) deaths occurring as a result of violence or trauma,
whether apparently homicidal, suicidal or accidental
(including, but not limited to, those due to mechanical,
thermal, chemical, electrical or radiational injury, drowning,
cave-ins and subsidences);
(4) any death in which trauma, chemical injury, drug
overdose or reaction to drugs or medication or medical
treatment, was a primary or secondary, direct or indirect,
contributory, aggravating or precipitating cause of death;
(5) operative and peri-operative deaths in which the death
is not readily explainable on the basis of prior disease;
(6) any death wherein the body is unidentified or
unclaimed;
(7) deaths known or suspected as due to contagious disease
and constituting a public hazard;
(8) deaths occurring in prison, a penal institution or
while in the custody of the police;
(9) deaths of persons whose bodies are to be cremated,
buried at sea or otherwise disposed of so as to be thereafter
unavailable for examination;
(10) sudden infant death syndrome; and
(11) stillbirths.
(b) The purpose of the investigation shall be to determine
the cause of any such death and to determine whether or not
there is sufficient reason for the coroner to believe that any
such death may have resulted from criminal acts or criminal
neglect of persons other than the deceased.
(c) As part of this investigation, the coroner shall
determine the identity of the deceased and notify the next of
kin of the deceased.
(1236 amended June 28, 1996, P.L.423, No.62)
Section 1237. Autopsy; Inquest; Records.--(a) If, upon
investigation, the coroner shall be unable to determine the
cause and manner of death, he shall perform or order an
autopsy on the body.
(b) If the coroner is unable to determine the cause and
manner of death following the autopsy, he may conduct an
inquest upon a view of the body, as provided by law. At the
inquest, the coroner's duty shall be to ascertain the cause of
death, to determine whether any person other than the deceased
was criminally responsible therefor by act or neglect and, if
so, the identity of the person, and to examine any further
evidence and witnesses regarding the cause of death.
(c) The proceedings at the inquest shall be recorded, at the
expense of the county, in a manner to be provided by the
county commissioners.
(1237 amended Dec. 17, 1990, P.L.728, No.182)
Section 1238. Sudden Deaths Defined.--The coroner shall
regard any death as sudden if it occurs without prior medical
attendance by a person who may lawfully execute a certificate
of death in this Commonwealth, or if, within twenty-four hours
of death, the decedent was discharged from such medical
attendance or a change of such medical attendance had
occurred, or if any such medical attendance began within
twenty-four hours of death and the medical attendant refuses
or is unable to certify the cause of death. Medical attendance
includes hospitalization.
The provisions of this section shall not be construed to
affect the coroner's discretion as to whether or not any death
was suspicious, nor shall they be construed to authorize a
coroner to investigate a sudden death any further than
necessary to determine the cause and manner of death.
(1238 amended Dec. 17, 1990, P.L.728, No.182)
Section 1239. Bodies Not to be Moved.--In all cases where
the coroner has jurisdiction to investigate the facts and
circumstances of death, the body and its surroundings shall be
left untouched until the coroner has had a view thereof or
until he shall otherwise direct or authorize, except as may be
otherwise provided by law, or as circumstances may require.
Bodies upon a public thoroughfare or in other places may be
removed so much as is necessary for precaution against traffic
accidents or other serious consequences which might reasonably
be anticipated if they were left intact.
(1239 amended Dec. 17, 1990, P.L.728, No.182)
Section 1240. Release of Coroner's Jurisdiction.--Whenever
the coroner assumes jurisdiction of a body pursuant to the
provisions of this subdivision or of any other law, the body
shall not be released or removed from his jurisdiction except
upon his direction and consent, in accordance with law.
Section 1241. Cooperation with District Attorney.--In the
exercise of his duties as contained in this subdivision, the
coroner shall, so far as may be practicable, consult and
advise with the district attorney.
Section 1242. Certificate of Cause of Death.--The coroner
shall issue a certificate of cause of death in all cases
referred to him by the local registrar of vital statistics,
pursuant to the provisions of the act, approved the twentyfirst day of May, one thousand nine hundred forty-three
(Pamphlet Laws 414), known as the Uniform Vital Statistics
Act, and in all other cases of which he has jurisdiction, if
no person duly authorized by the said act certifies the cause
of death.
Section 1243. Power of Subpoena and Attachment.--The
coroner shall have power to issue subpoenas to obtain the
attendance of any person whom it may be necessary to examine
as a witness at any inquest, and to compel attendance by
attachment in like manner and to the same extent as any court
of common pleas of this Commonwealth may or can do in cases
pending before them, and also to compel in like manner the
production of all papers and other things relative to such
inquest. Such subpoena and attachment shall be served and
executed by the sheriff or by the coroner himself or his
deputy, as the case may require.
(1243 amended Dec. 17, 1990, P.L.728, No.182)
Section 1243.1. Inquests; Juries.--(a) The coroner may at
his discretion summon a jury of six to be selected from the
jury panels of the court of common pleas.
(b) The function of such jury shall be to determine the
manner of death and whether any criminal act or neglect of
persons known or unknown caused such death. Such jury shall be
paid as provided by law as if they were serving the court of
common pleas.
(1243.1 added Dec. 17, 1990, P.L.728, No.182)
Section 1244. Power to Administer Oaths.--The coroner shall
have power to administer oaths and affirmations to all persons
brought or appearing before him, and any person swearing or
affirming falsely on such examination shall be guilty of
perjury.
Section 1245. Commitment to County Prison.--If any person
appearing before the coroner for examination shall refuse to
take oath or affirmation, or after having been sworn or
affirmed shall refuse to make answer to such questions as
shall be put to him by the coroner touching the matters of the
inquest, such person so refusing may be held for contempt
before the court of quarter sessions.
Section 1246. Inquests Not Public.--The coroner may, in his
discretion, admit or exclude members of the public from any
inquest or part thereof, and admit or exclude any person
interested or suspected from such inquest or any part thereof.
No person excluded may appear by attorney, but any person
required to attend may have benefit of counsel at such
attendance.
Section 1247. Chief Deputy Coroner to Act as Coroner in
Case of Vacancy.--If the coroner shall be legally removed from
his office or shall die or resign before expiration of the
term for which he was commissioned, the chief deputy coroner
of the county shall execute the office of coroner and perform
all things thereunto appertaining and receive the compensation
provided by law for coroners until another coroner is
commissioned and notice thereof is given to such chief deputy
coroner.
(1247 amended July 16, 1975, P.L.70, No.41)
Section 1248. Vacancies; No Fees upon Commissions.--If any
person elected to the office of coroner shall neglect or
refuse, for the space of two months next after such election,
to assume the duties of said office and to comply with the
requirements of the acts of Assembly in such cases, the office
shall be vacant, and it shall be the duty of the Governor,
upon the notification of the recorder of deeds, to appoint and
commission some suitable person to fill such vacancy, until
the first Monday of January next succeeding the first
municipal election which shall occur two or more months after
the happening of such vacancy. Such appointee shall be
confirmed by the Senate if in session. No fees shall hereafter
be charged on commissions issued to the coroner.
Section 1249. Solicitor to Coroner.--The coroner may
appoint one person, learned in the law, as his solicitor. The
solicitor shall advise the coroner upon all legal matters that
may be submitted to him, and shall conduct any litigation in
connection with the coroner's office when requested to do so
by him.
The salary of the solicitor shall be determined by the
salary board. This salary shall be paid out of the fees
received and paid into the office of the coroner.
All costs and expenses incurred by the coroner in any
manner connected with litigation or claims arising out of or
relating to his office, shall be paid by the county out of
fees received by the coroner's office. The provisions of this
section shall apply only to counties of the second class.
(1249 added June 21, 1977, P.L.17, No.13)
Section 1250. 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).
(1250 added Dec. 17, 1990, P.L.728, No.182)
(c) Provisions Relating to Sheriffs and Coroners
Section 1260. Not to Exercise Office Until Commission
Granted and Recorded; Penalty.--No person elected or appointed
to the office of sheriff or coroner shall execute any of the
duties of such office before a commission shall have been duly
granted to him by the Governor and recorded in the recorder of
deeds office, under a penalty of imprisonment for a term not
exceeding six months, at the discretion of the court of
quarter sessions. Such person shall nevertheless be liable to
any person injured by any acts done by him under color of such
office.
Section 1261. Recognizances of Sheriffs and Coroners.-(1261 repealed Nov. 22, 2011, P.L.431, No.106)
Section 1262. Sale of Real Estate Bound by Lien.--(1262
repealed Nov. 22, 2011, P.L.431, No.106)
Section 1263. Limitation of Action; Satisfaction of
Recognizance.--(1263 repealed Apr. 28, 1978, P.L.202, No.53)
Article XIII
Prothonotary; Clerk of Court; Clerk of
Orphans' Court; Register of Wills;
Recorder of Deeds
Compiler's Note: Certain provisions of Article XIII of this
Act may be effected by the Judiciary Article, Article
V, of the Pennsylvania Constitution insofar as Article
XIII of this Act may relate to prothonotaries,
appointments, and the several courts. See especially,
but not exclusively, sections 4, 15 and 16 of Article V
of the Pennsylvania Constitution. As to Allegheny
County see Article V, section 17 of the Pennsylvania
Constitution.
Section 1301. Election of Prothonotary, Clerk of Court,
Clerk of Orphans' Court, Register of Wills, Recorder of
Deeds.--At the municipal election preceding the expiration of
the term of office of any prothonotary, clerk of the court of
quarter sessions, clerk of the court of oyer and terminer,
register of wills, clerk of the orphans' court or recorder of
deeds of the county and quadrennially thereafter, the electors
of the county shall elect a person to fill such office from
the first Monday of January next succeeding such election, for
a term of four years and until his successor is elected and
qualified. Where, under the provisions of this act or other
law, it is provided that two or more of said offices shall be
held by the same person, only one person shall be elected to
hold such office.
Section 1302. How Offices to Be Held.--In the county, one
person shall hold the office of prothonotary, one person the
office of clerk of the court of oyer and terminer and quarter
sessions, one person the offices of register of wills and
clerk of the orphans' court, and one person the office of
recorder of deeds.
Section 1303. Incompatible Offices.--(1303 repealed Apr. 28,
1978, P.L.202, No.53)
Section 1304. Appointment of First Deputies.--The recorder
of deeds shall appoint one first deputy to act in the case of
the death or resignation of his principal, or when the office
shall become vacant from other causes.
(1304 repealed in part Apr. 28, 1978, P.L.202, No.53)
Section 1305. Power of Prothonotary, Clerks, Deputies and
Assistants to Administer Oaths and Affirmations.--(1305
repealed Apr. 28, 1978, P.L.202, No.53)
Section 1306. Appointment of Minute Clerks by the Courts of
Common Pleas and Courts of Quarter Sessions and Oyer and
Terminer.--(1306 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1307. Second Deputy Prothonotary.--(1307 repealed
Apr. 28, 1978, P.L.202, No.53)
Section 1308. Prothonotary to File and Keep Advance Copies
of Law.--(1308 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1308.1. Solicitor; Cost of Prothonotary's
Litigation.--(1308.1 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1309. Assistant Clerks of Orphans' Court.--(1309
repealed Apr. 28, 1978, P.L.202, No.53)
Section 1310. Minute Clerks of Orphans' Court.--(1310
repealed Apr. 28, 1978, P.L.202, No.53)
Section 1311. Second Deputy Recorder.--The recorder of deeds
may appoint a second deputy recorder of deeds, who shall
possess and discharge all the rights, powers and duties of the
principal deputy recorder of deeds during his necessary or
temporary absence.
Section 1312. Clerks of Recorder to Administer Oaths.--The
recorder of deeds may appoint one or more clerks employed in
his office to administer oaths and affirmations to all persons
pertaining to the business of the recorder's office, with the
same force and effect as if administered by the recorder or
deputy recorder.
Section 1313. Functions in Certain Offices on Saturday.-Any tasks, functions or duties required to be performed in the
offices of the prothonotary, clerk of the court of quarter
sessions and of the court of oyer and terminer, clerk of
county court, clerk of juvenile court, clerk of orphans'
court, jury commissioners, register of wills, recorder of
deeds, controller, treasurer, county surveyor, county engineer
and the board of viewers, on Saturday, shall be valid if
performed or transacted on the next succeeding secular or
business day. The offices of such officials shall be closed on
Saturdays except upon order of a court of record of the county
or a judge thereof specifying tasks, functions or duties for
which the offices shall remain open on Saturdays.
(1313 amended Aug. 19, 1965, P.L.363, No.188)
Section 1314. Solicitor to Recorder of Deeds.--The recorder
of deeds may appoint one person, learned in the law, as his
solicitor. The solicitor shall advise the recorder of deeds
upon all legal matters that may be submitted to him, and shall
conduct any litigation in connection with the recorder of
deeds office when requested to do so by the recorder of deeds.
The salary of the solicitor shall be determined by the
salary board. This salary shall be paid out of the fees
received and paid into the office of the recorder of deeds.
All costs and expenses incurred by the recorder of deeds in
any manner connected with litigation or claims arising out of
or relating to his office, shall be paid by the county out of
fees received by the recorder of deed's office.
(1314 added June 14, 1957, P.L.331, No.176)
Section 1315. Exoneration of Clerk of Courts or County
Commissioners.--(1315 repealed Apr. 28, 1978, P.L.202, No.53)
Article XIV
District Attorney, Assistants and Detectives
(a) District Attorney
Section 1401. District Attorney; Qualifications;
Eligibility; Compensation.--(1401 repealed July 14, 2005,
P.L.312, No.57)
Section 1402. Duties of District Attorney; Entry of Nolle
Prosequi.--(a) The district attorney shall sign all bills of
indictment and conduct in court all criminal and other
prosecutions, in the name of the Commonwealth, or, when the
Commonwealth is a party, which arise in the county, and
perform all the duties which now by law are to be performed by
deputy attorneys general, and receive the same fees or
emoluments of office.
(b) ((b) repealed Apr. 28, 1978, P.L.202, No.53)
Section 1403. Expenses Incurred by District Attorney.--All
necessary expenses incurred by the district attorney or his
assistants or any officer directed by him in the investigation
of crime and the apprehension and prosecution of persons
charged with or suspected of the commission of crime shall be
paid by the county from the general funds of the county, upon
the approval of the bill of expenses by the district attorney
and the court. In any case where a defendant is convicted and
sentenced to pay the costs of prosecution and trial, the
expenses of the district attorney in connection with such
prosecution shall be considered a part of the costs of the
case and be paid by the defendant.
Section 1404. Filling of Vacancies.--If any vacancy shall
occur in the office of district attorney, either by death,
resignation, removal from office or from the county, or
otherwise, the judges of the court of common pleas shall
supply such vacancy by the appointment of a competent person
to fill the office during the balance of the unexpired term.
Section 1405. Misconduct of District Attorney.--(a) If the
district attorney shall wilfully and corruptly demand, take or
receive any other fee or reward than such as is prescribed by
law for any official duties required by law to be executed by
him in any criminal proceeding, or if such district attorney
shall be guilty of wilful and gross negligence in the
execution of the duties of his office, he shall be guilty of a
misdemeanor in office, and, on conviction thereof, be
sentenced to pay a fine not exceeding one thousand dollars
($1000) and to undergo imprisonment not exceeding one year,
and his office shall be declared vacant.
(b) Upon complaint in writing, verified by the oath or
affirmation of the party aggrieved, made to the court in which
any district attorney shall prosecute the pleas of the
Commonwealth, charging such district attorney with wilful and
gross negligence in the execution of the duties of his office,
the court shall cause notice of such complaint to be given to
the district attorney and of the time fixed by the court for
the hearing of the same. If upon such hearing the court shall
be of opinion that there is probable cause for the complaint,
they shall hand over or commit the district attorney to answer
the same in due course of law. If the court shall be of
opinion that there is no probable cause for such complaint,
they shall dismiss the same, with reasonable costs to be
assessed by the court.
Section 1406. District Attorney Charged with Crime.--If the
district attorney is charged, according to law, with any crime
or misdemeanor before or bound over or committed by any court
to answer for wilful and gross negligence in the execution of
the duties of his office, it shall be the duty of the court to
appoint some competent attorney thereof to prepare an
indictment against such district attorney and to prosecute the
same on behalf of the Commonwealth until final judgment. Such
attorney shall be paid by the county for his services a
reasonable compensation to be fixed by the court. If such
district attorney shall be convicted of any crime for which he
may be sentenced to imprisonment by separate or solitary
confinement at labor, his office shall be declared vacant by
the court.
Section 1407. Law Books for District Attorney.--The county
commissioners may purchase, for the use of the office of the
district attorney, out of the funds of the county, such law
books as may be selected by the district attorney.
Section 1408. When Private Counsel May Prosecute.--If the
district attorney shall neglect or refuse to prosecute in due
form of law any criminal charge regularly returned to him or
to the court, or if at any stage of the proceedings the
district attorney of the county and the private counsel
employed by the prosecutor shall differ as to the manner of
conducting the trial, the prosecutor may present his petition
to the court, setting forth the character of the complaint,
and verify the same by affidavit. If the court shall be of the
opinion that it is a proper case for a criminal proceeding or
prosecution, it may direct any private counsel employed by
such prosecutor to conduct the entire proceeding, and where an
indictment is necessary, to verify the same by his own
signature, as fully as the same could be done by the district
attorney.
(b) Assistant District Attorneys,
Stenographers and Clerks
Section 1420. Assistant District Attorneys; Number;
Compensation.--The district attorney may appoint such number
of assistants, learned in the law, to assist him in the
discharge of his duties, the number and salary of such
assistants to be fixed by the salary board.
Section 1421. Designation of First Assistant; Powers and
Duties.--The district attorney shall designate one of such
assistants as his first assistant. Such first assistant shall,
in the absence of the district attorney from the jurisdiction
or during his disability to perform the duties of his office
through sickness or other cause, be vested with all the
duties, powers and privileges given by law to the district
attorney, and generally, at such time, be empowered to do and
perform all things in connection with his office which the
district attorney may by law be entitled to do or perform. In
case of any such incapacity of the district attorney or his
first assistant, or both, any or all of such duties, powers
and privileges may be done by such other assistant district
attorneys, if any, as may be designated by the district
attorney.
Section 1422. Stenographers and Clerks.--The salary board
may provide for the appointment by the district attorney of
such clerks and stenographers in his office as may be deemed
necessary for the proper dispatch of business.
(c) County Detectives
Section 1440. Appointment; Duties and Compensation of County
Detectives.--(a) The district attorney may appoint one chief
county detective, an assistant chief county detective, and as
many county detectives, sergeant, special county detectives
and junior county detectives as the salary board shall fix.
(b) County detectives shall at all times be subject to the
orders of the district attorney, and shall investigate and
make report to the district attorney as to the conduct in
office of magistrates, constables, deputy constables and other
officers connected with the administration of criminal
justice, to make investigations, and endeavor to obtain such
evidence as may be required by the district attorney in any
criminal case, and perform such other duties as the district
attorney may direct. Said detectives shall be general police
officers and shall have all powers now conferred on constables
by existing laws of this Commonwealth, so far as they relate
to crime or criminal procedure, and they shall serve subpoenas
in cases in which the Commonwealth is a party in a court of
record.
(c) Said chief county detective, assistant chief county
detective, county detectives, sergeant, special county
detectives and junior county detectives shall not be entitled
to receive any fees whatsoever, but shall each receive such
salary as shall be fixed by the salary board, together with
all necessary traveling expenses, which said salary and
expenses, having been verified by affidavit of the chief
county detective, assistant chief county detective, county
detective, sergeant, special county detective or junior county
detective incurring the same, and approved by the district
attorney, shall be paid out of the treasury of the county, on
a certificate issued by the district attorney directed to the
controller of the county, who shall order warrants for said
amounts according to law.
Section 1441. Appointment of Special Detective with
Approval of Court.--The district attorney of the county may,
with the approval of the salary board, whenever the court of
quarter sessions and district attorney may deem it necessary
for a particular and temporary assignment, appoint a special
detective, whose duty it shall be to assist in obtaining such
evidence as shall be directed by the district attorney for the
Commonwealth, and perform such other duties as the court may
direct. He shall be allowed expenses necessarily and actually
incurred in the performance of his duties.
Such special detective officer shall be a general police
officer and shall have all the powers that are conferred on
constables by the existing laws of this Commonwealth, so far
as they relate to crimes or criminal procedure.
Article XV
Police, Firemen, Fire Inspectors and
Employes of Jails and Workhouses
(Hdg. amended Aug. 13, 1963, P.L.662, No.347)
(a) Police, Firemen and Fire Inspectors
(Hdg. amended Aug. 13, 1963, P.L.662, No.347)
Section 1501. Employment of Police.--(a) The county
commissioners in any county of the second class shall have
power to employ such number of police as may be fixed by the
salary board of the county. The compensation of such police
officers shall be paid by the county. ((a) amended Oct. 20,
1967, P.L.472, No.224)
(b) Such police officers shall have jurisdiction anywhere
within the county by which employed, and shall have and
possess all the following powers:
(1) To make arrests, without warrant, for all violations of
the law which they may witness, and to serve and execute
warrants issued by the proper authorities. In cases of
offenses for violation of any of the provisions of the Vehicle
Code, the power to make arrests without warrant shall be
limited to cases where the offense is designated a felony or a
misdemeanor, and cases causing or contributing to an accident
resulting in injury or death to any person.
(2) The powers and prerogatives conferred by law upon
members of the police force of cities of the first class.
(3) The powers and prerogatives conferred by law upon
constables of the Commonwealth.
(4) To serve subpoenas issued for any examination,
investigation or trial had pursuant to any law of the
Commonwealth.
Section 1502. Exclusive System.--No member of the police
force and no firemen or fire inspectors shall be appointed,
promoted, reduced in rank, suspended, furloughed, discharged
or reinstated, except in accordance with provisions of this
article.
(1502 amended Aug. 13, 1963, P.L.662, No.347)
Section 1503. Civil Service Commission Created;
Appointments; Vacancies.--(a) There is hereby created a civil
service commission, hereinafter referred to as the commission.
Each commission shall consist of three commissioners, who
shall be appointed by the county commissioners, and who shall
be qualified electors of the county for which appointed. They
shall be appointed initially to serve the term of two, four
and six years, and as terms thereafter expire, shall be
appointed for terms of six years. Not more than two members of
the commission shall be of the majority, and at least one
shall at all times be of the minority political parties.
(b) Any vacancy occurring in any commission for any reason
whatsoever shall be filled for the unexpired term within a
period of thirty days after such vacancy occurs.
(c) Each member of the commission, before entering upon the
discharge of the duties of his office, shall appear before the
court of common pleas and take an oath or affirmation to
support the Constitutions of the United States and of the
Commonwealth of Pennsylvania and to perform his official
duties with fidelity.
(d) No commissioner shall at the same time hold an elective
or appointive office under the United States Government. ((d)
amended Apr. 7, 1955, P.L.21, No.6)
Section 1504. Organization of Commission; Quorum.--The
commission shall organize within ten days after its
appointment, and shall elect one of its members as the
chairman and one as the secretary of the commission. The
commission shall thereafter meet and organize on the second
Monday of each even-numbered year. Each commissioner shall be
notified in writing of each meeting of the commission. Two
members of the commission shall constitute a quorum, and no
action of the commission shall be valid unless it shall have
the concurrence of at least two members.
Section 1505. Clerks and Supplies.--The county commissioners
shall furnish to the commission, on its requisition, such
clerical assistance as may be necessary for the work of the
commission. The board of county commissioners shall provide a
suitable and convenient room or rooms for the use of the
commission. The commission shall order from the county
commissioners the necessary stationery, postage, printing and
supplies, and the county commissioners shall aid the
commission in all proper ways in carrying out the provisions
of this article.
Section 1506. Rules and Regulations.--Each commission shall
have power to prescribe, amend and enforce rules and
regulations for carrying into effect the provisions of this
article, and shall be governed thereby. Before any such rules
and regulations are in force, the same shall first be approved
by the board of county commissioners of the county. When such
rules and regulations have been so approved, they shall not be
annulled, amended or added to, without the approval of the
board of county commissioners. All such rules and regulations
and modifications thereof shall be printed for public
distribution.
Section 1507. Minutes; Records; Annual Report.--Each
commission shall keep minutes of its proceedings and records
of examinations and other official actions. All
recommendations of applicants for appointment received by the
commission shall be kept and preserved for a period of five
years. All such records and all written causes of removal
filed with the commission shall be subject to reasonable
regulations and open to public inspection. The commission
shall make an annual report to the board of county
commissioners, containing a brief summary of its work during
the year, which shall be available for public inspection five
days after the filing thereof.
Section 1508. Investigations; Subpoenas.--(a) The commission
shall have power to make investigations concerning all matters
touching the administration and enforcement of the provisions
of this article and rules and regulations adopted thereunder.
(b) Each member of the commission is hereby given power to
administer oaths as oaths are administered by other public
officers invested by law with the power of administering
oaths, with the same force and effect and carrying the same
penalties.
(c) The commission shall have power to issue subpoenas, over
the signature of the chairman or secretary, to require the
attendance of witnesses and the production of records and
papers pertaining to any investigation or inquiry authorized
by this article.
(d) The fees of such witnesses and for travel shall be the
same as for witnesses appearing in the court of common pleas,
and shall be paid from appropriations for incidental expenses
of the commission, as provided by the board of county
commissioners.
(e) All officers and employes in public service shall attend
and testify when required to do so by the commission.
(f) If any person shall refuse or neglect to obey any
subpoena issued by the commission, he shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be subject to
a fine not to exceed one hundred dollars ($100) or
imprisonment in the county jail not to exceed thirty days.
(g) If any person shall refuse or neglect to obey any
subpoena issued by the commission, it may, by petition, apply
to the court of common pleas of the county for its subpoena
requiring the attendance of such persons before the commission
or the court, there to testify and to produce any records and
papers, and in default thereof, shall be held in contempt of
court and punished therefor.
Section 1509. General Provisions Relating to Examinations.-(a) Each commission shall make rules and regulations, to be
approved as herein prescribed, providing for the examination
of applicants for positions in the police force or fire
department or as a fire inspector and promotions therein. The
rules and regulations shall prescribe the minimum
qualifications of all applicants to be examined and the
passing grades. ((a) amended Aug. 13, 1963, P.L.662, No.347)
(b) All examinations for positions or promotions in the
police force and for positions or promotions as firemen or
fire inspectors shall be practical in character and shall
relate to such matters and include such inquiries as will
fairly test the merit and fitness of the persons examined to
discharge the duties of the employment sought by them. All
examinations shall be open to all applicants who have the
minimum qualifications required by the rules and regulations,
but in no case shall an applicant for promotion in the police
force be considered until such applicant shall have first
served three years in the police force in which he seeks
promotion. Each applicant for examination shall be subject to
the rules adopted by the commission, and shall be required to
submit to a physical examination. ((b) amended Dec. 2, 1976,
P.L.1226, No.270)
(c) Public notice of the time and place of every
examination, together with the information as to the kind of
position or place to be filled, shall be given by publication
once in a newspaper or papers of general circulation in the
county at least two weeks prior to each examination. A copy of
the notice shall be prominently posted in the office of the
commission or other public place.
(d) The commission shall post in its office the eligible
list containing the names and grades of those who have passed
the examination for positions under this article.
(e) In cases of applications for position to the police
force or for positions as firemen or fire inspectors,
soldiers, as defined by the act, approved the twenty-second
day of May, one thousand nine hundred forty-five (Pamphlet
Laws 837), entitled, as amended, "An act providing for and
requiring in certain cases preference in appointments to and
retention in public position or on public works for honorably
discharged persons who served in the military or naval service
during any war in which the United States engaged; and in
certain cases for the widows and wives of such persons," shall
be entitled to all the preferences and benefits therein
provided, so far as applicable. ((e) amended Aug. 13, 1963,
P.L.662, No.347)
Section 1510. Application for Examination for Appointment
to the Police Force or as Fireman or Fire Inspector.--Each
person desiring appointment to the police force or as a
fireman or fire inspector shall apply to the commission for
examination, and shall file with the commission a formal
application, as provided by it, and shall state, under oath or
affirmation, (1) his full name and residence or post office
address, (2) his citizenship, place and date of birth, (3) his
condition of health and physical capacity for public service,
(4) his business or employment and his residence for the past
five years, and (5) such other information as may be required
by the commission's rules and regulations, showing the
applicant's qualifications for the position for which he is
being examined.
No person shall be eligible to apply for examination unless
he is more than eighteen years of age and, with respect to
applicants for the police force not over thirty-five years of
age at the date of application, and has been a resident of the
county for at least two years immediately preceding his
application unless no resident applicants are available.
(1510 amended June 16, 1972, P.L.466, No.148)
Section 1511. Rejection of Applicant; Hearing.--(a) The
commission may refuse to examine any applicant, or after
examination may refuse to certify as eligible anyone, who is
found to lack any of the minimum qualifications for
examination prescribed in the rules and regulations adopted
for the position or employment for which he has applied, or
who is physically disabled and unfit for the performance of
the duties of the position to which he seeks employment, or
who is addicted to the habitual use of intoxicating liquors or
drugs, or who has been guilty of any crime involving moral
turpitude or infamous or notorious disgraceful conduct, or who
has been dismissed from public service for delinquency or
misconduct in office, or who is affiliated with any group
whose policies or activities are subversive to the form of
government set forth in the Constitutions and laws of the
United States and of Pennsylvania.
(b) If any applicant or person feels himself aggrieved by
the action of the commission in refusing to examine him or to
certify him as eligible, they shall, at the request of such
person, within ten days, appoint a time and place where he may
appear personally and with counsel, whereupon the commission
shall then review its refusal to make such examination or
certification, and take such testimony as may be offered, and
then again render its decision.
Section 1512. Manner of Making Appointments.--Every
position of employment, except that of superintendent of
police or equivalent official, and except that of fire chief
or equivalent official or chief fire inspector or equivalent
official, unless filled by promotion or reinstatement, shall
be filled only in the following manner: The county
commissioners shall notify the commission of any vacancy in
the police force or as fireman or fire inspector which is to
be filled and shall request the certification of a list of
eligibles. The commission shall certify for each existing
vacancy, from the eligible list, the names of three persons
thereon, who have received the highest average in the last
preceding examination held within a period of three years next
preceding the date of the request for such eligibles. The
county commissioners shall thereupon, with sole reference to
the merits and fitness of the candidates, make an appointment
from the three names certified, unless they make objections to
the commission as to one or more of the persons so certified
for any of the reasons stated in the preceding section. As
each subsequent vacancy occurs in the same or another position
precisely the same procedure shall be followed.
(1512 amended July 10, 1986, P.L.1394, No.120)
Section 1513. Superintendent of Police or Fire Chief or
Chief Fire Inspector, etc.--In the case of a vacancy in the
office of superintendent of police, assistant superintendent
of police, inspector of police, or fire chief or chief fire
inspector or equivalent official, the county commissioners may
nominate a person to the commission. It shall thereupon become
the duty of the commission to subject such person to a
noncompetitive examination, and if such person shall be
certified by the commission as qualified, he may then be
appointed to such position, and thereafter shall be subject to
all the provisions of this article.
(1513 amended Oct. 30, 1969, P.L.288, No.119)
Section 1514. Probationary Period.--All appointments to any
position in the county police force shall be for a
probationary period of eighteen months and for any position as
fireman or fire inspector shall be for a probationary period
of six months, but during the probationary period an appointee
may be dismissed only for cause, as specified in section 1511
of this act. If at the close of the probationary period, the
conduct or fitness of the probationer has not been
satisfactory to the board of county commissioners, the
probationer shall be notified in writing that he will not
receive a permanent appointment. Thereupon, his appointment
shall cease; otherwise, his retention shall be equivalent to a
permanent appointment.
(1514 amended May 31, 1974, P.L.302, No.95)
Section 1515. Provisional Appointments.--Whenever there are
urgent reasons for the filling of a vacancy in any position in
the police force or as fireman or fire inspector and there are
no names on the eligible list for such appointment, the board
of county commissioners may nominate a person to the
commission for a noncompetitive examination, and if such
nominee shall be certified by the commission as qualified,
after such noncompetitive examination, he may be appointed
provisionally to fill such vacancy until an examination for
such position can be held. It shall thereupon become the duty
of the commission, within three weeks from the date of
provisional appointment, to hold a competitive examination for
such position, and certify a list of eligibles to the board of
county commissioners, and they shall then make a regular
appointment as prescribed in this article. Nothing herein
contained shall prevent the appointment without examination of
persons temporarily as police officers, in emergency cases,
for the suppression of riots, tumults, in times of war,
pestilence, conflagration or public celebration.
(1515 amended Aug 13, 1963, P.L.662, No.347)
Section 1515.1. Special Examination and Appointment of
Police for Criminal Investigation.--In counties of the second
class within thirty days the commission shall arrange for
special examinations of applicants for positions in the police
force for the purpose of increasing the force by forty
persons. The examination shall be practical in character and
shall relate to such matters and include such inquiries as
will fairly test the persons examined with respect to their
expertise in criminal investigation and related police work
and their merit and fitness to discharge the duties of their
employment. Applicants for examination under the provisions of
this section shall be eighteen years of age or older and need
not be a resident of the county, but shall in all other
respects meet the eligibility requirements of this article for
examination for positions in the police force.
Except as otherwise in this section provided, examinations
of qualified applicants shall be conducted in accordance with
the provisions of this Article XV relating to examination of
applicants for positions in the police force. Appointments not
to exceed forty in number shall be made within one year and
except as otherwise in this section provided, shall be made in
accordance with the provisions of this Article XV relating to
appointments to the police force. Anyone appointed under the
provisions of this section shall in all respects be subject to
the provisions of this article relating to members of the
police force.
(1515.1 added May 31, 1974, P.L.302, No.95)
Section 1515.2. Limited Filling of Fifteen Vacancies on the
Police Force.--In counties of the second class for a period of
one year from the effective date of this section, county
commissioners may fill fifteen vacancies in the police force
as prescribed in this section. The county commissioners may
nominate persons to the commission for a noncompetitive
examination. It shall then become the duty of the commission
to submit such persons to an examination to determine their
merit and fitness to discharge the duties of police officers.
Such persons who qualify shall be so certified by the
commission and may then be appointed by the county
commissioners. In order to qualify for such appointment, such
persons must be at least eighteen years of age or older. Such
persons need not be residents of the county. Persons appointed
under this section shall thereafter be subject to the
provisions of this article relating to members of the police
force.
(1515.2 added Nov. 26, 1978, P.L.1290, No.307)
Section 1516. Promotions.--Promotions shall be based on
merit. The county commissioners shall notify the commission of
any vacancy in the police force or as firefighter or fire
inspector which is to be filled by promotion and shall request
the certification of a list of eligibles. The commission shall
certify for each existing vacancy, from the eligible list, the
names of three persons thereon, who have received the highest
average in the last preceding promotional examination held
within a period of two years next preceding the date of the
request for such eligibles. The county commissioners shall
thereupon, with sole reference to the merits and fitness of
the candidates, make an appointment from the three names
certified, unless they make objections to the commission as to
one or more of the persons so certified. No member of the
county police force or a firefighter or fire inspector shall
be eligible to take any promotional examination until after
serving three years in the county police force or as a
firefighter or fire inspector for which such examination is
held. Each member of the county police force or a firefighter
or fire inspector shall have his examination mark or grade
increased by an additional one-half point for each year he
served on the county police force or as a firefighter or fire
inspector in excess of five years but such additional points
shall not exceed ten points. The board of commissioners shall
have power to determine in each instance whether an increase
in salary shall constitute a promotion.
(1516 amended Dec. 10, 1980, P.L.1156, No.209)
Section 1517. Physical Examinations.--All applicants for
examination shall undergo a physical examination, which shall
be conducted under the supervision of a doctor of medicine
appointed by the board of county commissioners. No person
shall be eligible for appointment until said doctor certifies
to the commission that the applicant is free from any bodily
or mental defects, deformity or disease that might
incapacitate him from the discharge of the duties of the
position desired in the police force or as fireman or fire
inspector.
(1517 amended Dec. 2, 1976, P.L.1226, No.270)
Section 1518. Reducing in Rank; Suspension; Furloughing;
Discharging.--(a) No person employed in a county police force
shall be reduced in rank (except superintendent of police),
suspended, furloughed or discharged, and no fireman or fire
inspector (except fire chief or chief fire inspector) shall be
suspended, furloughed or discharged, except for the following
reasons: (1) neglect or violation of any official duty; (2)
violation of any law of this Commonwealth which provides that
such violation constitutes a misdemeanor or a felony; (3)
inefficiency, except as hereinafter provided, wilful
disobedience of orders, or conduct unbecoming a police
officer; (4) drinking of intoxicating liquor while on duty or
the use of which renders him unfit for duty when called upon.
((a) amended Aug. 13, 1963, P.L.662, No.347)
(b) In every case of reduction of rank (except that of
superintendent of police), suspension, furlough or discharge,
a copy or statement of the reasons therefor and written
answers thereto shall be furnished to the person sought to be
reduced in rank, suspended, furloughed or discharged, if he
shall make demand therefor. He shall have the right to appeal
to the commission for a hearing on the reasons or charges
preferred against him within ninety days of the date of
service of a copy or statement of the reasons or charges. ((b)
amended July 10, 1986, P.L.1394, No.120)
(c) Upon the written request for a hearing, the commission
shall arrange for the hearing within ten days from receipt of
such request. At such hearing, the person against whom the
charge or reason is made may be present in person and by
counsel, and the burden shall be upon the party making such
charges or reasons to justify his action.
(d) In the event the commission fails to uphold the action
of the party who made the charges or reasons, then the person
against whom the charges were preferred shall be paid in full
his salary for the time he may have been prevented from
performing his usual employment as a police officer or as a
fireman or fire inspector, and no record of the case shall be
placed against his service record in the police force or as
fireman or fire inspector. ((d) amended Aug. 13, 1963,
P.L.662, No.347)
(e) If, in the case of demotion of any employe (except that
of superintendent of police), the charges or reasons are
sustained, then such person shall not be reverted below his
seniority standing on the roster of the grades of patrolman in
the police force.
(f) A written record of all testimony shall be taken at each
hearing held by the commission, and such records shall be
sealed and not available to public inspection in the event no
appeals are taken from the action of the commission.
(g) In the event the commission shall sustain the party who
preferred the charges or reasons, then the party against whom
the charges or reasons were made shall have immediate right of
appeal to the court of common pleas of the county. Such appeal
shall be taken within the period of ninety days from the date
of entry by the commission of its final order and shall be by
petition. Upon such appeal being taken and docketed, the court
of common pleas shall fix a day for the hearing and proceed to
hear the appeal de novo on the original record, and the
employe shall be reduced, suspended, furloughed or discharged,
in accordance with the order of the court.
(h) In cases where a member of a county police force whose
duties are those of an outside policeman is found to be
physically unfit to perform such duties due to an infirmity
resulting from the performance of his duties as a policeman,
or whenever any such member has served for a period of twenty
years and is at least fifty years of age, such member, upon
application to the board of county commissioners, if there is
any vacancy existing in the number of building policemen,
building guards or other positions, the responsibility of
which is building protection or security, as set forth in the
budget of the county, shall be assigned to inside work as
building policeman or other special duties and be paid such
compensation as shall be fixed by the salary board for
building policemen. Where more applications are made and filed
than there are vacancies existing, such assignments shall be
made first to applicants found to be physically unfit and
secondly to applicants in order of their seniority in service.
Where two or more applicants have equal seniority in service,
assignments shall be determined by the alphabetical order of
the first letter of the surname of the applicants. As
vacancies occur, assignments shall be made according to a
seniority list determined as aforesaid. ((h) amended July 27,
1955, P.L.284, No.101)
Section 1519. Reduction in Number of Policemen, Firemen or
Fire Inspectors; Reinstatement.--If, for reasons of economy or
other reasons, it shall be deemed necessary by the board of
county commissioners to reduce the number of policemen in the
police force or firemen or fire inspectors, then such
reduction in numbers shall be made in the following manner:
(1) if there are any policemen, firemen or fire inspectors
eligible for retirement under the terms of any retirement or
pension system or law, then such reduction in numbers shall be
made by retirement, if the party to be retired has served in
the police force or as a fireman or fire inspector for a
period of at least twenty-five years and his age exceeds the
maximum age as defined in the act of October 27, 1955
(P.L.744, No.222), known as the "Pennsylvania Human Relations
Act"; (2) if the number of policemen, firemen or fire
inspectors eligible for retirement is insufficient to effect
the reduction in numbers decided upon by the board of county
commissioners, or if no retirement or pension system or law
exists, or if there are no policemen, firemen or fire
inspectors eligible for retirement or pension, then the
reduction shall be made by furloughing the last policeman,
fireman or fire inspector, including the probationers, that
have been appointed to the police force or as fireman or fire
inspector, and continue in numerical order until the reduction
decided upon by the board of county commissioners has been
effected. In any case where there has been more than one
employe appointed at the same time, then such furloughing
shall be determined by the standing on the civil service list
as hired, the individual having the lowest civil service score
to be furloughed first. In the event the said police force,
firemen or fire inspectors shall again be increased in
numbers, then the employes furloughed shall be reinstated, in
the inverse order of that in which they were furloughed,
before any new appointments shall be made to the police force
or as firemen or fire inspectors.
(1519 amended May 9, 1984, P.L.261, No.61)
Section 1520. Present Employes Exempted.--(a) All members
(except superintendent of police) of the county police force
upon the fourth day of May, one thousand nine hundred fortythree, shall continue to hold their positions, and shall not
be required to take any examination under the provisions of
this article except such as may be required for promotion. Any
member of a county police force who was dismissed from such
force between the first day of January, one thousand nine
hundred forty-three, and the fourth day of May, one thousand
nine hundred forty-three, for any reason except those as
specified in section 1511 of this act, shall be reinstated to
his former position in the police force without any
examination whatsoever.
(a.1) All members (except the fire chief) of the county fire
department and all fire inspectors upon the effective date of
this amending act shall continue to hold their positions and
shall not be required to take any examination under the
provisions of this article except such as may be required for
promotion.
(b) Each member of the county police force and every fireman
or fire inspector now or hereafter serving in the armed forces
of the United States during any war or any police action in
which the United States is engaged shall, upon his honorable
discharge from such service and return to such police force or
as a fireman or fire inspector, be reinstated in the force in
a position of equal grade to that which he held immediately
before entering the armed forces of the United States. He
shall continue to hold such position, and shall not be
required to take any examination under the provisions of this
article except such as may be required for promotion.
(1520 amended Aug. 13, 1963, P.L.662, No.347)
Section 1521. Discrimination on Account of Religious or
Political Affiliations.--No question in any form of
application for any examination or in any examination shall be
so framed as to elicit information concerning the religious or
political opinions of any applicant, nor shall inquiry be made
concerning such opinions or affiliations, and all such
disclosures thereof shall be discountenanced. No
discrimination shall be exercised, threatened or promised by
any person in or interested in the police force, firemen or
fire inspectors against or in favor of an applicant on the
eligible list for appointment to or promotion in the police
force or as fireman or fire inspector because of his religious
or political opinions or affiliations.
(1521 amended Aug. 13, 1963, P.L.662, No.347)
Section 1522. Penalties.--Any county commissioner or anyone
acting for the board of county commissioners who shall cause
any person to be appointed to or promoted in the police force
or as a fireman or fire inspector contrary to the provisions
of this article, or who violates any of the provisions of this
article, shall be guilty of a misdemeanor, and, upon
conviction, shall be sentenced to pay a fine of not more than
five hundred dollars ($500) or suffer imprisonment not
exceeding one year, or both.
(1522 amended Aug. 13, 1963, P.L.662, No.347)
Section 1523. Compensation of the Commission and its
Employes.--The compensation to be received by members of the
commission or any of the employes they may require for putting
into effect the provisions of this article shall be fixed by
the salary board.
Section 1524. Hours of Service; Exceptions; Vacations.-Every member of the police force shall have at least twentyfour consecutive hours of rest in each calendar week, except
in emergency cases for the suppression of riots or tumults or
the preservation of the public peace, in times of war, riot,
conflagration or public celebration. No member shall be
required to work more than eight consecutive hours in any
twenty-four hours except in the aforesaid cases of emergency.
Every member shall be allowed one day's vacation for each
month of service for the first twelve months of service, and
thereafter an annual vacation of not less than fourteen days.
He shall also be allowed an annual sick leave of not less than
fourteen days. All such vacation and sick leave shall be
without any deduction or diminution of salary or compensation
as fixed by the salary board. Work hours of firemen and fire
inspectors shall be as determined by the board of county
commissioners.
(1524 amended Aug. 13, 1963, P.L.662, No.347)
Section 1525. Compensation and Expenses to Policemen,
Firemen or Fire Inspectors, Injured or Ill.--Every member of
the police force and every fireman and fire inspector who may
be injured or become sick through the performance of his
duties, and by reason thereof is temporarily incapacitated
from performing his duties, shall be paid by the county his
full rate of salary as fixed by the salary board until the
disability arising therefrom has ceased. All medical and
hospital bills incurred in connection with any such injury or
sickness shall be paid by the county. All benefits under the
Workmen's Compensation Law which shall be received or
collected by any such member during the period he has received
salary for temporary disability shall be paid over to the
county and paid into the treasury thereof. If any such payment
or payments shall not be so made by the member of the police
force, fireman or fire inspector, the amount so directed to be
paid to the county shall be deducted from any salary which
shall then or thereafter become due and owing to such member.
(1525 amended Aug. 13, 1963, P.L.662, No.347)
(b) Employes of Jails and Workhouses
Section 1531. Employes of Jails and Workhouses Disabled by
Violence; Salaries and Expenses to be Paid.--Every guard,
matron, nurse or other employe who comes in contact with
inmates of any jail or workhouse, who is incapacitated as a
result of violence by an inmate while in the performance of
his duties, shall be paid by the county by which they are
employed their full rate of salary as fixed by the salary
board until the disability arising therefrom has ceased, but
the period of such salary payments by the county shall not
exceed the period during which such employe is entitled to
compensation for the injury, received under the provisions of
the Workmen's Compensation Act. All medical and hospital bills
incurred in connection with any such injuries shall be paid by
such county. All benefits under the Workmen's Compensation Law
which shall be received or collected by any such employe
during the period he has received salary for temporary
disability shall be paid over to the county and into the
treasury thereof. If any such payment or payments shall not be
so made by such employe, the amount so directed to be paid the
county shall be deducted from any salary which shall then or
thereafter become due and owing to such employe.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 1531 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(d) (relating to
equality of rights based on sex)..
Section 1532. Prison Inspectors to Appoint Jail Chaplains.-The board of prison inspectors shall appoint jail chaplains
necessary to care for the spiritual welfare or prisoners under
their charge.
The number and compensation of such chaplains shall be
fixed by the salary board. Said compensation to be paid from
the county treasury.
Article XVI
Commission for the Selection of Jurors
(Art. repealed Apr. 28, 1978, P.L.202, No.53)
Section 1601. Commission for the Selection of Jurors.--(1601
repealed Apr. 28, 1978, P.L.202, No.53)
Article XVII
Employes' Retirement System
Section 1701. Definitions.--The following words and phrases
as used in this article shall be construed to have the
following meaning:
"Board," county employes' retirement board.
"Compensation," (1) Pickup contributions plus salary or
wages received per day, weekly, bi-weekly, semi-monthly,
monthly, annually, or during an official term year.
(2) For employes hired on or after the effective date of
this paragraph, the term shall not include overtime pay in an
amount in excess of ten per centum of base pay.
(Def. amended Dec. 23, 2013, P.L.1242, No.125)
"Contributions," pickup contributions and the amount paid
into the retirement fund.
"County employe," any person employed by the county,
including all elected or appointed county officers, and
agricultural extension association, county institutions
district, county prison, any county correctional institution,
law library and county retirement board, employes whose
compensation is paid out of county funds, and any person
employed by an authority formed after January 1, 1998, or any
such other second class county entity when approved by the
board and the county commissioners and whose compensation is
paid by an authority or such other entity, except employes
employed by any board of trustees of a community college of
which the county is a local sponsor pursuant to the act of
August 24, 1963 (P.L.1132, No.484), known as the "Community
College Act of 1963," as amended, county institution district
funds or county retirement system funds or any department
created by the office of the county commissioners, and any
person receiving compensation for accidental injuries in
accordance with the provisions of The Pennsylvania Workmen's
Compensation Act: Provided, That the injured county employe
during the period of his or her disability shall pay each
month a sum equal to the last monthly contribution paid into
the retirement fund when said county employe was in employment
and shall not include any participant in on-the-job training,
work experience or public service employment whose employment
with the county is funded in whole or in part by the Federal
"Comprehensive Employment and Training Act," as amended,
unless the retirement board has provided for the membership of
such participants in accordance with the provisions of section
1710.1. It shall not include any time spent by a county
employe on furlough or leave of absence without compensation,
a person reemployed as a county employe subsequent to the
thirty-first day of May, one thousand nine hundred fiftythree, in accordance with the provisions of subsection (c) of
section 1712, except such county employes who may be in active
military service in accordance with the provisions of
subsection (d) of section 1710 and former county employes
whose monthly contributions are paid into the retirement fund
in accordance with the provisions of section 1713. In all
cases of doubt the board shall determine who is an employe
within the meaning of this article. (Def. amended Jan. 27,
1998, P.L.1, No.1)
"Monthly," calendar month.
"Per Annum," twelve calendar months.
"Pickup contributions," regular contributions which are
made by the county on behalf of county employes for current
service in accordance with subsection (a.1) of section 1708.
"Reemployed," any former county employe who is reemployed
as such, shall thereupon assume the status of a new or future
county employe and may, if eligible, receive credit for
previous service in accordance with the provisions of
subsection (b) of section 1715. It shall not include any
person reemployed subsequent to the thirty-first day of May,
one thousand nine hundred fifty-three, in accordance with the
provisions of subsection (c) of section 1712, nor any county
employe who may be in active military service in accordance
with the provisions of subsection (d) of section 1710.
"Retirement Allowance," the amount to which a county
employe is eligible to receive upon retirement from active
service not including the amount he or she is eligible to
receive as a service increment.
"Retirement fund or system," fund or system created by this
article.
"Vested Interest," future county employes including persons
who are reemployed as such, except as hereinafter provided,
whose contributions as paid into the retirement fund have been
retained therein, or have been refunded by the board, who have
fulfilled all conditions required to qualify such county
employes for a retirement allowance plus a service increment,
if any. It shall not include persons who are reemployed as
county employes in accordance with the provisions of
subsection (c) of section 1712.
"Year or service year," twelve calendar months including an
official term year beginning the first Monday of January of a
given year to the first Monday of January of the year
following or twenty-six pay periods if payment is made biweekly.
"Survivor's Benefit Allowance," a portion of a retirement
allowance, plus a service increment, if any, to be paid to a
surviving spouse of a deceased county employe.
"Early Retirement," reduced retirement benefits at age
fifty-five with completion of the minimum number of years of
service specified in subsection (a) of section 1710 depending
upon the service requirements for normal retirement. (Def.
amended Feb. 9, 1984, P.L.12, No.6)
"Interest," a determined rate, payable upon refund of
contributions, compounded annually.
"Service Increment," the amount a county employe is
eligible to receive in addition to his or her retirement
allowance by reason of his or her extra years of service.
(1701 amended July 6, 1984, P.L.638, No.131)
Section 1702. Retirement System and Fund to be Established.-The county shall provide a county employes' retirement system
for county employes and shall establish and regulate a
retirement fund in connection therewith.
Section 1703. Retirement Board.--The retirement system
shall be under the sole direction of a board, which shall
consist of the county chief executive; one member, who shall
be a member of the retirement system, appointed by the chief
executive with the consent of county council; one member, who
shall be a member of the retirement system, appointed by
county council; the controller; the treasurer; and two persons
elected by ballot from among the members of the retirement
system. The terms of such members shall be four years. Ballots
shall be mailed to each member of the retirement system at
least twenty (20) days prior to the date of the election. A
vacancy occurring during the term of any member of the board
shall be filled for the unexpired term by the appointment or
election of a successor in the same manner as his predecessor.
A majority of the members of the board shall constitute a
quorum for the transaction of any business.
(1703 amended Dec. 23, 2013, P.L.1242, No.125)
Section 1704. Treasurer and Secretary of Board; Power of
Board to Employ Persons.--The county treasurer shall be the
treasurer of the board, and shall give such bond for the
proper performance of his duties as is required by the board.
The premium on said bond shall be paid from the retirement
fund on warrants of the board. The controller and the
treasurer each shall receive for their service the sum of five
hundred dollars ($500) per annum from the retirement fund,
payable on warrants of the board. The controller shall be the
secretary of the board.
The board shall have power and authority to pay all
necessary expenses in the administration of the retirement
system, employ one solicitor and necessary assistants, who
shall receive such compensation as the board shall fix, which
shall be paid from the retirement fund on warrants of the
board.
The board may authorize one or more of its assistants to
administer to all persons oaths and affirmations pertaining to
the business of the retirement system.
(1704 amended May 31, 1955, P.L.111, No.35)
Section 1704.1. Tax Qualification.--The board may make such
technical changes to the retirement plan as are necessary in
order to qualify the retirement system and fund under section
401(a) of the Internal Revenue Code of 1986 (Public Law 99514, 26 U.S.C. § 401(a)).
(1704.1 added Dec. 23, 2013, P.L.1242, No.125)
Section 1705. Register of Employes; Rules and Regulations of
Board.--The board shall keep a register of all county employes
containing the names, ages, residence, nature of employment,
time of entering employ, and such other information as the
board deems necessary in the performance of its duties. The
board may adopt, amend, revise and abolish such rules and
regulations as it deems necessary, not inconsistent with this
act.
Section 1706. Investment or Deposit of Fund; Standard of
Care and Liability of Board Members.--(a) The board shall be
the trustees of the retirement fund, and shall have exclusive
control and management of the said fund with full power to
invest the money or any part thereof, subject to the terms,
conditions, limitations and restrictions that are provided by
law for investments of trust funds by fiduciaries or the
retention or sale of certain investments in the hands of
fiduciaries. Subject to like terms, conditions, limitations
and restrictions, the board shall have power to hold,
purchase, sell, assign, transfer or dispose of any of the
securities and investments in the retirement fund, as well as
the proceeds of said investments and of the money belonging to
said fund, or it may deposit such moneys or any part thereof
in one or more banks or banking institutions selected by the
board. The board shall decide upon the number of banks and
banking institutions of the county as depositories of
retirement funds and the rate of interest to be paid by them
to the board. A contract with a depository shall be for a
period covering the term of the county treasurer. No moneys
shall be deposited in a depository until it shall furnish to
the board collateral to secure payments of deposits and
interest to the board, by depositing in escrow securities to
be approved by the board. Such securities to be of the kind
and in the amount to be fixed by the board.
(b) A board member shall perform his duties as a director,
including his duties as a member of any committee of the board
upon which he may serve, in good faith, in a manner he
reasonably believes to be in the best interests of the
retirement system and with such care, including reasonable
inquiry, skill and diligence, as a person of ordinary prudence
would use under similar circumstances. In performing his
duties, a board member shall be entitled to rely in good faith
on information, opinions, reports or statements, including
financial statements, investment data and such other financial
or investment data made available to him by the board's
investment counselors or managers and the board's monitor, in
each case prepared or presented by any of the following:
(1) One or more officers or employes of the board whom the
director reasonably believes to be reliable and competent in
the matters presented.
(2) Counsel, actuaries, investment managers or consultants,
the investment monitor, the board's agent or other persons as
to matters which the director reasonably believes to be within
the professional or expert competence of such persons.
(3) A committee of the board upon which he does not serve,
duly designated in accordance with law, as to matters within
its designated authority, which committee the director
reasonably believes to merit confidence.
(c) A director shall not be considered to be acting in good
faith if he has knowledge concerning the matter in question
that would cause his reliance to be unwarranted.
(d) In discharging the duties of their respective positions,
the board, committees of the board and individual members of
the board may, in determining the effects of any action upon
the employes of the board, the active employes of the county
retirement system and of the retirees of the county retirement
system who are receiving benefits, consider all other
pertinent factors, which shall include, but not be limited to,
the actions or activities of the duly appointed monitor,
investment counselors or managers, the actuary and the
custodial agent. Consideration of factors contained in this
subsection shall not constitute a violation of subsection (b).
(e) Absent breach of a fiduciary duty, lack of good faith or
self-dealing, actions taken as a member of the board by any
member of the board, or any failure to take any action, shall
be presumed to be in the best interest of the retirement
system.
(f) Whenever the provisions of this act require the members
of the board to undertake any action by a vote of the board, a
member of the board shall not be personally liable for
monetary damages as such for any action taken, or any failure
to take any action, unless:
(1) the board member has breached or failed to perform the
duties of his position under subsections (b), (c), (d) and
(e); and
(2) the breach or failure to perform constitutes selfdealing, wilful misconduct or recklessness.
(g) The provisions of subsections (b), (c), (d), (e) and (f)
shall not apply in any case involving responsibility or
liability of a board member under any criminal statute.
(1706 amended Dec. 14, 1989, P.L.631, No.75)
Section 1707. Heads of Departments, Offices and Agencies to
Certify List of Employes.--The head of every department,
office or agency shall promptly certify to the board the names
of all county employes of such department, office or agency,
residence, age, nature of employment, time of entering employ,
and the amount of compensation received by each, together with
dismissals, resignations or terminations of service; also,
furnish such other relevant information as the board may
require. The head of every department, office or agency shall,
in accordance with the provisions of section 1708, cause to be
deducted each month from the payroll of such department,
office or agency the necessary contribution to be paid by each
county employe who is a member of the retirement system.
(1707 amended May 31, 1955, P.L.111, No.35)
Section 1708. Compulsory Membership; Payments Into Fund;
Exceptions; Vested Interest.--(a) Each county employe shall be
required to become a member of the county employes' retirement
system within six months from the date of his or her
employment. The said county employe may elect to become a
member of the retirement system at any time during the
aforesaid six months period of time by notifying the head of
the department, office or agency in which department, office
or agency he or she is employed of the said election. A copy
thereof shall be filed immediately with the board. He or she
shall, each month, pay into the retirement fund a monthly
contribution, being a certain percentage of the amount
received by him or her as compensation during the preceding
calendar month. Except as provided in subsection (d), the
monthly contribution shall be the percentage of his or her
compensation as heretofore stated, on a graduated scale as
follows:
For the year 1988 and thereafter, six and one-quarter per
centum up to seven hundred fifty dollars ($750) per month.
Nine and three-eighths per centum from seven hundred fifty
dollars ($750) to fifteen hundred dollars ($1500) per month.
Twelve and one-half per centum from fifteen hundred dollars
($1500) per month and above.
Except as hereinafter provided, the aforesaid increase rate
of monthly contributions to be paid into the retirement fund
to enhance the actuarial soundness of said fund, shall be
applicable to all county employes who are members of the
retirement system. Such monthly contributions shall be
collected by the county treasurer and by him paid into the
retirement fund. The payment of the increased rate of the
aforesaid monthly contributions shall not apply to such former
county employes whose monthly contributions are now paid into
said fund in accordance with the provisions of subsection (d)
of section 1713. Any county employe receiving compensation for
accidental injuries in accordance with the provisions of The
Pennsylvania Workmen's Compensation Act shall during the
period of time in which such county employe is receiving
disability benefits, as provided in the aforesaid act, pay
each month for retirement benefits a sum equal to the last
monthly contribution as paid into the retirement fund when
said county employe was in employment. The monthly
contribution shall not be paid by any person who was receiving
a retirement allowance and is subsequent to the thirty-first
day of May, one thousand nine hundred fifty-three, reemployed
as a county employe or any other person who is ineligible to
become a member of the retirement system.
((a) amended Oct. 30, 2000, P.L.616, No.85)
(a.1) The county may elect to contribute on behalf of each
active member for current service the amount required by
subsection (a) beginning the first Monday of January of the
year in which the resolution to do so was adopted by the
commissioners. Contributions made in accordance with this
subsection shall be deemed pickup contributions and shall be
treated as the county's contribution in determining tax
treatment under the act of August 16, 1954, 68A Stat. 5, known
as the Internal Revenue Code of 1954, for Federal tax
purposes. For all other purposes pickup contributions shall be
made and treated as contributions made by a member in the same
manner and to the same extent as contributions made prior to
the implementation of this subsection. The county on or before
January 31 of each year shall, at the time when the income and
withholding information required by law is furnished to each
county employe, also furnish the amount of the pickup
contribution made on the employe's behalf. Upon the effective
date of the implementation of this subsection, the county
shall pick up the required contributions by an equal reduction
in the compensation of the member. ((a.1) added July 6, 1984,
P.L.638, No.131)
(b) All present and future county employes except such
persons who are reemployed as such subsequent to the thirtyfirst day of May, one thousand nine hundred fifty-three, in
accordance with the provisions of subsection (c) of section
1712, shall upon retirement be entitled to receive the
benefits of such change in the service period increased
maximum retirement allowance and service increment if any as
well as such other benefits as may apply to his or her status
upon retirement in accordance with the provisions of this
article.
(c) No future county employe including persons who are
reemployed as such, except as hereinafter provided, whose
contributions as paid into the retirement fund have been
retained therein or have been refunded by the board, shall
have a contractual or vested interest in the retirement system
prior to the time he or she shall have fulfilled all
conditions required to qualify such county employe for a
retirement allowance plus a service increment if any. It shall
not include persons who are reemployed as county employes in
accordance with the provisions of subsection (c) of section
1712.
(d) To aid and assist the board in maintaining the
actuarial soundness of the retirement fund, the board shall
cause to be performed an annual actuarial valuation of the
retirement system. Notwithstanding the provisions of
subsection (a), the board, guided by the annual actuarial
valuation of the retirement system, shall have the authority,
each year, to increase or decrease the said monthly
contribution required to be made by each county employe into
the retirement fund. ((d) added Dec. 11, 1979, P.L.494,
No.105)
(e) (1) The board, based solely upon the annual actuarial
valuation of the retirement system and the actuarial indicator
described in clause (2), shall each year increase the monthly
retirement allowance which is required to be paid to all
employes who have been, for at least one year, prior to the
preceding annual actuarial study, eligible to receive a
retirement allowance.
(2) The actuarial indicator to be used for purposes of
clause (1) shall be known as the Total Funded Status Ratio
(TFSR) and shall be determined by the system's actuary. TFSR
equals the sum of the fair market value of assets available
for plan benefits as of the valuation date plus the actuarial
present value of total projected future contributions computed
as a percentage of the sum of the actuarial present value of
future benefits and the actuarial present value of future
expenses. The actuary shall determine the TFSR using an
interest rate equal to the arithmetic average of the rate used
in the current actuarial valuation and the rates used for the
preceding four annual actuarial valuations. The level of the
TFSR shall determine the range in which the retirement
allowance increase may fall. The board shall implement
retirement allowance increases within the permitted range
determined from the following table:
TFSR
Under one hundred
ten per centum
One hundred ten
per centum and
above
Percentage increase
Zero per centum minimum, or more
at the discretion of the board
Two per centum minimum, or more at
the discretion of the board,
provided, however, that the two
per centum minimum increase does
not result in a TFSR less than one
hundred ten per centum in which
case the percentage shall be
reduced so as to maintain a one
hundred ten per centum TFSR
increase.
The per centum increase determined shall be applied to the
average monthly retirement allowance in pay status during the
month of December immediately preceding the current actuarial
valuation, producing a monthly dollar equivalent for the
retirement allowance increase. The dollar amount so determined
shall be rounded down to the next lower dollar, and such
rounded amount shall be added to the retirement allowance of
those eligible for the increase effective for the month of
January next following.
((e) amended Oct. 30, 2001, P.L.818, No.80)
(1708 amended June 1, 1973, P.L.37, No.19)
Compiler's Note: Section 9(2) of Act 85 of 2000, which
amended section 1708, provided that the amendment of
section 1708 shall be retroactive to January 1, 2000.
Section 1709. Appropriation and Payment to Retirement
Fund.--At their annual budget session, the county
commissioners shall make such an appropriation as will enable
them to pay, and there shall be paid out of county taxes and
county institution district taxes, a sum of money, each month,
which shall be equal to the amount paid into the retirement
fund by the county employes, less any sum of money required to
be paid by an authority or any such other second class county
entity, during the preceding month or bi-weekly pay periods in
accordance with the provisions of section 1708: Provided, That
an authority or any such other second class county entity
operating in the county shall make such an appropriation as
will enable either of them to separately pay, and there shall
be paid out of each of their respective funds, a sum of money,
each month, which shall be equal to the amount paid into the
retirement fund by those employes who are employed by an
authority and any such other second class county entity during
the preceding monthly or bi-weekly pay periods in accordance
with the provisions of section 1708.
The county commissioners shall appropriate such amounts as
are certified by the State Employes' Retirement Board as
necessary to establish reserves for the benefit of any former
member of the county employes' retirement system, whose
employment with the county was terminated because of the
incorporation into the State highway system of all or any
county highways, or sections thereof, bridges, tunnels,
viaducts, or sections thereto, in counties of the second
class, and who became a member of the State Employes'
Retirement System and who elected to receive credit in the
State Employes' Retirement System for service as a member of
the county employes' retirement system. Such appropriations
shall be made at the annual budget session next succeeding the
year in which certification is received from the State
Employes' Retirement System and payment to the State Employes'
Retirement Fund shall be made within ninety (90) days of the
adoption of the budget.
It shall be the duty of the county commissioners to
appropriate annually sufficient funds, necessary to guarantee
payment of all administrative costs, benefit commitments and
legal obligations of the Employes' Retirement Board.
(1709 amended Jan. 27, 1998, P.L.1, No.1)
Section 1710. Employes Eligible for Retirement Allowances.-(a) (1) Every county employe hired prior to the effective
date of paragraph (2) who has reached the age of sixty years
or upwards and who has to his or her credit a period of
service of eight years, but less than twenty years, shall,
upon application to the board, be eligible for retirement from
service, and shall thereafter receive, during life, except as
hereinafter provided, a retirement allowance computed on a
service period of twenty (20) years which shall equal one
twentieth (1/20) of such amount as he or she may be eligible
to receive in accordance with the provisions of subsection (a)
of section 1712, for each year's service which such county
employe may have to his or her credit during the aforesaid
period of time. The time spent in the employ of the county or
county institution district need not necessarily have been
continuous. The aforesaid retirement allowance shall be
subject to a suspension thereof in accordance with the
provisions of subsection (h) of this section 1710 and
subsection (c) of section 1712.
(2) Every county employe hired on or after the effective
date of this paragraph who has reached the age of sixty years
or upwards and who has to his or her credit a period of
service of ten years, but less than twenty-five years, shall,
upon application to the board, be eligible for retirement from
service, and shall thereafter receive, during life, except as
hereinafter provided, a retirement allowance computed on a
service period of twenty-five years which shall equal one
twenty-fifth of such amount as he or she may be eligible to
receive in accordance with the provisions of subsection (a) of
section 1712, for each year's service which such county
employe may have to his or her credit during the aforesaid
period of time. The time spent in the employ of the county or
county institution district need not necessarily have been
continuous. The aforesaid retirement allowance shall be
subject to a suspension thereof in accordance with the
provisions of subsection (h) of this section 1710 and
subsection (c) of section 1712.
((a) amended Dec. 23, 2013, P.L.1242, No.125)
(b) (1) Every county employe hired prior to the effective
date of paragraph (2), other than a member of the police force
or the fire department or a fire inspector or a sheriff or
deputy sheriff, who has reached the age of sixty years or
upwards and who has to his or her credit a period of service
of twenty years or more, and every county employe who is a
member of the police force or the fire department or a fire
inspector, and who shall have been a county employe during a
period of twenty or more years and has reached the age of
fifty years or upwards shall, upon application to the board,
be eligible for retirement from service, and shall thereafter
receive, during life, except as hereinafter provided, a
retirement allowance plus a service increment if any, in
accordance with the provisions of section 1712. Every county
officer or employe who is a sheriff, deputy sheriff, prison
guard or probation officer who shall have been a county
officer or employe during a period of twenty or more years and
has reached the age of fifty-five years or upward, shall, upon
application to the board, be eligible for retirement from
service and shall thereafter receive, during life, except as
hereafter provided, a retirement allowance in accordance with
section 1712. The time spent in the employ of the county or
county institution district need not necessarily have been
continuous: Provided, That when any county employe has twenty
or more years service, not necessarily continuous, and has not
reached the age of sixty years or upwards, and shall be
separated from the service of the county or county institution
district by reason of no cause or act of his or her own, upon
application to the board he or she shall thereafter receive,
during life, except as hereinafter provided, a retirement
allowance plus a service increment if any, in accordance with
the provisions of section 1713. The aforesaid retirement
allowance plus a service increment if any, shall be subject to
a suspension thereof in accordance with the provisions of
subsection (h) of this section 1710 and subsection (c) of
section 1712.
(2) Every county employe hired on or after the effective
date of this paragraph, other than a member of the police
force or the fire department or a fire inspector or a sheriff
or deputy sheriff, prison guard or probation officer, who has
reached the age of sixty years or upwards and who has to his
or her credit a period of service of twenty-five years or
more, and every county employe who is a member of the police
force or the fire department or a fire inspector, and who
shall have been a county employe during a period of twentyfive or more years and has reached the age of fifty years or
upwards shall, upon application to the board, be eligible for
retirement from service, and shall thereafter receive, during
life, except as hereinafter provided, a retirement allowance
plus a service increment if any, in accordance with the
provisions of section 1712. Every county officer or employe
who is a sheriff, deputy sheriff, prison guard or probation
officer who shall have been a county officer or employe during
a period of twenty-five or more years and has reached the age
of fifty-five years or upwards shall, upon application to the
board, be eligible for retirement from service and shall
thereafter receive, during life, except as hereafter provided,
a retirement allowance in accordance with section 1712. The
time spent in the employ of the county or county institution
district need not necessarily have been continuous: Provided,
That when any county employe has twenty-five or more years
service, not necessarily continuous, and has not reached the
age of sixty years or upwards, and shall be separated from the
service of the county or county institution district by reason
of no cause or act of his or her own, upon application to the
board, he or she shall thereafter receive, during life, except
as hereinafter provided, a retirement allowance plus a service
increment if any, in accordance with the provisions of section
1713. The aforesaid retirement allowance plus a service
increment, if any, shall be subject to a suspension thereof in
accordance with the provisions of subsection (h) of this
section 1710 and subsection (c) of section 1712.
((b) amended Dec. 23, 2013, P.L.1242, No.125)
(c) A person who became a county employe through the
consolidation of a city institution district with a county
institution district may have the period of his or her city
employment credited as a county employe for all purposes under
this article: Provided, That said person, between the twentysecond day of May, one thousand nine hundred forty-five, and
the twenty-second day of May, one thousand nine hundred fortysix, shall have paid into the retirement fund the amount which
he or she would have been required to pay into the said fund
if such person had been a county employe from the date of his
or her original employment with the city: And further
provided, That the city by which the said person was formerly
employed shall have paid into the retirement fund an amount
equal to that paid into the said fund by the said person in
accordance with the provisions of this article. Any present
county institution district employe who, prior to the twentysecond day of May, one thousand nine hundred forty-five, was a
city institution district employe and who did not make
payments for previous service credit as a county employe
between the aforesaid period of time as herein provided, may,
prior to the first day of April, one thousand nine hundred
fifty-six, make application to the board and, upon approval
thereof, shall pay into the retirement fund a sum equal to
twice the payment which such person would have been required
to pay into the said fund had such person been a county
employe from the date of his or her original employment with
the city. In addition thereto, interest at the legal rate
shall be paid from the date when such monthly payment would
have been made. Both principal and interest shall be paid into
the retirement fund at one time and in one amount or, upon
approval of the board, both principal and interest shall be
consolidated into one amount and paid in twelve or less equal
monthly installments, plus interest payment on monthly
balances. Full payment thereof shall be a condition precedent
to the county employe being eligible to receive the benefits
of the retirement allowances.
No person shall be eligible to receive the benefits for
prior service under this subsection, who is a member of a
retirement or pension system of any city of the second class.
If such county employe leaves the employ of the county
institution district before he or she shall be eligible to
receive the benefit of the retirement allowances, a refund of
his or her contributions as paid into the retirement fund
shall be made in accordance with the provisions of section
1714.
(d) Any county employe who on and after the sixteenth day
of September, one thousand nine hundred forty, has been
employed by the county or county institution district for a
period of six or more months, and who, on or subsequent to
such date, shall have enlisted or been inducted into military
service of the United States in time of war or national
emergency, so proclaimed by the President or the Congress of
the United States, or any police action in which the United
States is engaged, or shall serve in the military service of
the United States during any armed conflict, shall have
credited to his employment record, for retirement benefits,
all of the time spent by him in such military service during
the continuance of such war, armed conflict, national
emergency or police action, if such person returns or has
heretofore returned to his employment within one year after
his separation from military service and such payments as are
required to be made by such county employe into the county
employes' retirement fund shall be paid into such fund by the
county or county institution district, upon application by
such county employe for retirement benefits. Any county
employe who has been in military service and returned to the
employ of the county or county institution district shall,
within one year after the effective date of this article, file
with the board a record of the time spent by him in such
military service. Any county employe who has been in military
service prior to the effective date of this article and has
made payments into the county employes' retirement fund to
secure for his employment record credit for his military
service shall be reimbursed to the full extent of such
payments by the board.
(e) Any person who became a county employe through the
consolidation of a Department of Health of a city of the
second class with a Department of Health of a county of the
second class may have the period of his or her city employment
credited as a county employe for all purposes under this
article, including any credit for United States military
service for which such person of said city has been given
credit for retirement benefits. Such person shall, within
three years from the effective date of the consolidation, make
application to the board and, upon approval thereof, pay into
the retirement fund the contributions which such person would
have been required to pay into the fund had such person been a
county employe from the date of his or her original employment
in the city. The gross sum shall be paid into the retirement
fund at one time and in one amount or, upon approval of the
board, the gross sum shall be paid in twelve or less equal
consecutive monthly installments. Full payment thereof, as
well as the gross sum to be paid by the city as herein
provided, shall be a condition precedent to the county employe
being eligible to receive the benefits of the retirement
allowances. The city by which such person was formerly
employed shall pay into the retirement fund an amount equal to
the gross sum as paid into the said fund by the former city
employe in accordance with the provisions of this article.
Included in said gross sum to be paid by such city, shall be
an amount in payment for said employes' United States military
service credit, if any, for retirement benefits, which amount
shall be based on the contribution which such employe would
have been required to pay into the retirement fund had he or
she been a county employe during such period. The city is
herewith authorized and empowered to make an appropriation out
of the funds of the city to pay into the retirement fund the
necessary amounts as herein provided.
If such county employe leaves the employ of the county
before he or she shall be eligible to receive the benefits of
the retirement allowances, a refund of his or her
contributions as paid into the retirement fund, less the
amount as paid by said city for United States military service
credit, if any, for retirement benefits, shall be made in
accordance with the provisions of section one thousand seven
hundred fourteen.
(f) Any person who is an employe of any city of the third
class, borough or township, and who is a member of a
retirement or pension system established by such city of the
third class, borough or township, who shall heretofore or
hereafter be employed by a department of health of a county of
the second class, may have the period of his or her employment
in any of the aforesaid municipalities credited as a county
employe for all purposes under this article, including any
credit for United States military service for which such
person of said municipalities has been given credit for
retirement benefits. Such person shall, within three years
from the date of his or her employment in the county
department of health, make application to the board and, upon
approval thereof, pay into the retirement fund the
contributions which such person would have been required to
pay into the fund had such person been a county employe from
the date of his or her original employment in any of the
aforesaid municipalities. The gross sum shall be paid into the
retirement fund at one time and in one amount or, upon
approval of the board, the gross sum shall be paid in twelve
or less equal consecutive monthly installments. Full payment
thereof as well as the gross sum to be paid by any city of the
third class, borough or township or the retirement or pension
board of such municipalities shall be a condition precedent to
the county employe being eligible to receive the benefits of
the retirement allowances. Any city of the third class,
borough or township by which such person was formerly employed
shall pay into the retirement fund an amount equal to the
gross sum as paid into the fund by such former employe of any
of the aforesaid municipalities in accordance with the
provisions of this article. Included in said gross sum to be
paid by such municipalities, shall be an amount in payment for
such employes' United States military service credit, if any,
for retirement benefits, which amount shall be based on the
contribution which such employe would have been required to
pay into the retirement fund had he or she been a county
employe during such period.
Any city of the third class, borough or township is
herewith authorized and empowered to make an appropriation out
of the funds of such city of the third class, borough or
township to pay into the retirement fund the necessary amounts
as herein provided, or any of the aforesaid municipalities
which have an established retirement or pension system, the
retirement or pension board thereof shall certify to the
county board, upon request, the period of service as set forth
in the records of such municipal retirement or pension board,
the period of service for which credit has been allowed such
former municipal employe, and to transfer to the county
retirement fund a sum equal to all contingent and annuity
reserves and accumulated deductions as recorded to the credit
of its former employe in its retirement or pension system as
determined by the retirement or pension board of such
municipality, for the purpose of establishing credit in the
County Employes' Retirement System under which he or she may
receive credit in said system as a county employe for services
previously credited to him or her in the aforesaid municipal
retirement or pension system. Upon receipt of the aforesaid
request, the retirement or pension board of such
municipalities shall make such certification and transfer of
funds to the County Employes' Retirement System as herein
provided.
If such county employe leaves the employ of the county
before he or she shall be eligible to receive the benefits of
the retirement allowances, a refund of his or her
contributions as paid into the retirement fund less the amount
as paid by such municipalities for United States military
service credit, if any, for retirement benefits, shall be made
in accordance with the provisions of section one thousand
seven hundred fourteen.
(g) Any person who is an employe of the Department of
Health of this Commonwealth and a member of the State
Employes' Retirement Association, as provided by the act of
June 27, 1923 (P.L.858), its amendments and supplements, who
has heretofore or shall hereafter be employed by a Department
of Health of a county of the second class, may have the period
of his or her former State employment credited as a county
employe for all purposes under this article as hereinafter set
forth.
Such person shall, upon employment in the county Department
of Health, make application to the board within three years
from the effective date of this amendment and, upon approval
of said application, pay into the retirement fund the
contributions which such person would have been required to
pay into the fund had such person been a county employe from
the date of his or her former employment in the Commonwealth
as set forth in the records of the State Employes' Retirement
Board.
The county board shall request the State Employes'
Retirement Board to certify to it the period of service for
which credit has been allowed, and to transfer to the county
retirement fund a sum equal to all contingent and State
annuity reserves and accumulated deductions as recorded to the
credit of such former employe in the State Employes'
Retirement Fund as determined by the State Employes'
Retirement Board, for the purpose of establishing credit in
the County Employes' Retirement System under which he or she
may receive credit in said system as a county employe for
services previously credited to him or her in the State
Employes' Retirement Association. Upon receipt of the
aforesaid request, the State Employes' Retirement Board shall
make such certification and transfer of funds to the County
Employes' Retirement System as herein provided.
If such county employe leaves the employ of the county
before he or she shall be eligible to receive the benefits of
the retirement allowances, a refund of his or her
contributions as paid into the retirement fund shall be made
in accordance with the provisions of section 1714.
(h) (1) Option I. Any county employe hired prior to the
effective date of paragraph (1.1) who has not reached sixty
years of age, and who has to his or her credit a period of at
least the minimum number of years of service specified in
subsection (a)(1) of this section but less than twenty years
of service, shall upon application to the board be eligible to
receive at age sixty years a retirement allowance computed on
a service period of twenty years, which shall equal onetwentieth of such amount as he or she may be eligible to
receive in accordance with the provisions of subsection (a) of
section 1712 for each year's service which such county employe
may have to his or her credit during the aforesaid period of
time. The time spent in the employ of the county or county
institution district need not necessarily have been
continuous.
(1.1) Option I-A. Any county employe hired on or after the
effective date of this paragraph who has not reached sixty
years of age, and who has to his or her credit a period of at
least the minimum number of years of service specified in
subsection (a)(2) of this section but less than twenty-five
years of service, shall upon application to the board be
eligible to receive at age sixty years a retirement allowance
computed on a service period of twenty-five years, which shall
equal one twenty-fifth of such amount as he or she may be
eligible to receive in accordance with the provisions of
subsection (a) of section 1712 for each year's service which
such county employe may have to his or her credit during the
aforesaid period of time. The time spent in the employ of the
county or county institution district need not necessarily
have been continuous.
(2) Option II. Any county employe hired prior to the
effective date of paragraph (2.1) who has not reached sixty
years of age, and who has to his or her credit a period of the
minimum number of years of service specified in subsection
(a)(1) of this section but less than twenty years of service,
shall upon application to the board be eligible to receive
thereafter, a retirement computed on a service period of
twenty years, which shall equal one-twentieth of such amount
as he or she may be eligible to receive in accordance with the
provisions of subsection (a) of section 1712 for each year's
service which such county employe may have to his or her
credit during the aforesaid period of time. Further, the above
retirement allowance shall be subject to a reduction of onehalf of one per centum for each month under the age of sixty
years. In no event shall a retirement allowance be paid until
the age of fifty-five years is attained. The time spent in the
employ of the county or county institution district need not
necessarily have been continuous. The aforesaid retirement
allowance elected under Option I shall become null and void if
said county or county institution district employe is
reemployed prior to age sixty in accordance with the
provisions of subsection (c) of section 1712.
(2.1) Option II-A. Any county employe hired on or after the
effective date of this paragraph who has not reached sixty
years of age, and who has to his or her credit a period of the
minimum number of years of service specified in subsection
(a)(2) of this section but less than twenty-five years of
service, shall upon application to the board be eligible to
receive thereafter, a retirement computed on a service period
of twenty-five years, which shall equal one twenty-fifth of
such amount as he or she may be eligible to receive in
accordance with the provisions of subsection (a) of section
1712 for each year's service which such county employe may
have to his or her credit during the aforesaid period of time.
Further, the above retirement allowance shall be subject to a
reduction of one-half of one per centum for each month under
the age of sixty years. In no event shall a retirement
allowance be paid until the age of fifty-five years is
attained. The time spent in the employ of the county or county
institution district need not necessarily have been
continuous. The aforesaid retirement allowance elected under
Option I-A shall become null and void if said county or county
institution district employe is reemployed prior to age sixty
in accordance with the provisions of subsection (c) of section
1712.
((h) amended Dec. 23, 2013, P.L.1242, No.125)
(i) Upon application to the board, all members of the fund
who are contributors and who served in the Armed Forces of the
United States subsequent to September 1, 1940, or who become
members of the retirement fund on or after the effective date
of this act shall be entitled to have full military service
credit for each of the most recent years of military service
or fraction thereof, not to exceed three full years of such
service; provided, they have a retirement credit of the
minimum number of years specified in subsection (a) of this
section or more. The formula to be followed for payment to the
fund shall be in an amount equal to the maximum rate of
contribution had they been members of the fund plus an
additional amount as the equivalent of the county matching
appropriation, plus interest, if applicable, at the rate of
six per centum per year from the date of each year of credited
military service to date of repayment or by applying the
employe's basic contribution rate plus the county's normal
contribution rate for active members at the time of entry,
subsequent to such military service, of the employe into
county service to his average annual rate of compensation over
the first three years of such subsequent county service and
multiplying the result by the number of years and fractional
part of a year of creditable nonintervening military service
being purchased, together with interest, if applicable, during
all periods of subsequent county service to date of purchase.
Should it be determined by the retirement board that
verifiable compensation data is not available it shall have
the discretion to determine which formula shall be used:
Provided, That said member is not entitled to receive,
eligible to receive now or in the future, or is receiving
retirement benefits for such service under a retirement system
administered and wholly or partially paid for by any other
governmental agency or private industry. Both principal and
interest, if applicable, shall be consolidated into one amount
and paid. Full payment thereof shall be a condition precedent
to receive the benefits of the retirement allowance. If the
member pays the entire principal back within the three-year
period immediately following attainment of the minimum number
of years of service credit specified in subsection (a) of this
section or within three years from the date this amendatory
act takes effect for those who already have the minimum
numbers of years of service credit specified in subsection (a)
of this section, no interest will be charged. Otherwise,
interest will be charged at the rate of six per centum per
year from the date of each year of credited military service
to date of repayment. Only those employes who are active
members of the retirement fund on or after the effective date
of this amendatory act shall be permitted to avail themselves
of either of these programs. ((i) amended Dec. 9, 2002,
P.L.1443, No.185)
(j) (1) Any person who was employed by an authority created
by the county on or after June 10, 1968, pursuant to the act
of May 2, 1945 (P.L.382, No.164), known as the "Municipality
Authorities Act of 1945," for the purpose of assisting and
encouraging local municipalities to undertake vital and
necessary capital improvement projects that could not be
financed or constructed with county assistance and who
subsequently became an employe of the county may have the
period of his employment with such authority credited as a
county employe. The person shall make application to the board
within three years of the effective date of this subsection
and, upon approval of the application, shall pay into the
retirement fund the amount which he would have been required
to pay into the fund if he had been a county employe from the
date of his original employment with the authority. The county
shall pay into the retirement fund an amount equal to the
amount paid in by the employe in accordance with the
provisions of this article.
(2) Any person who was employed by an authority created by
the county on or after February 14, 1950, pursuant to the act
of May 24, 1945 (P.L.991, No.385), known as the "Urban
Redevelopment Law," who participated in the Allegheny County
Redevelopment Authority (ACRA) retirement plan and who
subsequently became an employe of the county on or before
January 1, 2001, may have the period of his employment with
such authority credited as a county employe to reflect the
employe's transfer of a governmental function, provided the
person is not entitled to receive, eligible to receive now or
in the future or currently receiving retirement benefits for
such service under a retirement system administered and wholly
or partially paid for by any other governmental agency or by
any private employer. The person shall be required to transfer
to the retirement fund an amount equal to the greater of the
amount the person received from the ACRA plan plus interest at
six per centum per annum from the date of the distribution
from the ACRA plan to date of payment or an amount equal to
the sums, both employe and county contributions, that would
have been paid into the retirement fund had the person always
been a member of the retirement fund plus interest at six per
centum per annum from the date the sums would have been made
to the retirement fund to date of payment. Upon written
notification of the amount from the board, the person would be
given a year to make the contribution. Interest from the date
of notification to date of payment shall be charged at six per
centum per annum.
((j) amended Dec. 9, 2002, P.L.1443, No.185)
(1710 amended Dec. 10, 1970, P.L.919, No.291)
Section 1710.1. Exclusion of Certain Persons.--A
participant in on-the-job training, work experience and public
service employment whose employment with the county is funded
in whole or in part by the Federal "Comprehensive Employment
and Training Act," as amended, shall not be or become a member
of the employes' retirement system as established and
maintained under Article XVII of this act unless provisions
are approved and implemented by the retirement board, in
accordance with regulations adopted pursuant to the
"Comprehensive Employment and Training Act," as amended,
whereby all employer costs of providing for membership or
service credits in the retirement system attributable to CETA
participation are payable from funds provided under the
"Comprehensive Employment and Training Act."
(1710.1 added Mar. 27, 1980, P.L.56, No.21)
Section 1711. Exceptions in Favor of Employes Totally and
Permanently Disabled.--(a) Any present or future county
employe, except persons who are employed in accordance with
the provisions of subsection (c) of this section and persons
who are reemployed in accordance with the provisions of
subsection (b) of section 1715, who has been in employ for a
period of not less than twelve years, upon application to the
board, may receive a retirement allowance plus a service
increment, if any, in accordance with the provisions of
section 1712, if he or she becomes mentally incapacitated or
totally and permanently disabled physically, even though such
county employe has not reached the age of sixty years,
provided that proof of such mental incapacity or total and
permanent physical disability shall be by the unanimous
opinion and sworn statements of three practicing physicians of
the county designated by the board. Application in behalf of a
mentally incapacitated county employe for a retirement
allowance plus a service increment, if any, shall be made by a
duly appointed guardian who shall be entitled to receive such
retirement allowance plus a service increment, if any, to
which the mentally incapacitated county employe may be
eligible to receive. ((a) amended June 29, 1976, P.L.461,
No.116)
(b) Once each year, the board may require any former county
employe, who is receiving a retirement allowance plus a
service increment if any by reason of such mental incapacity
or total and permanent physical disability, to undergo a
medical examination by a physician or physicians designated by
the board. Should such physician or physicians thereupon
report and certify to the board that such former county
employe is no longer mentally incapacitated or totally and
permanently physically disabled, or that such former county
employe is able to engage in a gainful occupation, and should
the board concur in such report, then the amount of the
retirement allowance plus a service increment if any, shall be
reduced or discontinued, as the board may determine.
(c) No person entering the employ of the county or county
institution district as a county employe after the first day
of August, one thousand nine hundred fifty-three, who has
attained the age of fifty-five or more years at the time of
such employment, shall be eligible to receive a retirement
allowance by reason of total and permanent physical disability
as herein provided.
(1711 amended May 31, 1955, P.L.111, No.35)
Section 1712. Amount of Retirement Allowances.--(a) (1)
For employes hired prior to the effective date of paragraph
(2), the retirement allowance paid under the provisions of
this article shall equal fifty per centum of the amount which
would constitute the average monthly compensation as received
by the county employe during the highest twenty-four months of
the last four (4) years of his employment or two years on a
bi-weekly pay basis in which period of time the said county
employe made monthly or bi-weekly contributions into the
retirement fund prior to his or her retirement.
(2) For employes hired after the effective date of this
paragraph, the retirement allowance paid under the provisions
of this article shall be equal to fifty per centum of the
amount which would constitute the average monthly compensation
as received by the county employe during the highest fortyeight months of the last eight (8) years of his employment or
four (4) years on a bi-weekly pay basis in which period of
time the county employe made monthly or bi-weekly
contributions into the retirement fund prior to his or her
retirement.
(3) Such average monthly compensation shall include the
compensation which any county employe would have been entitled
to and would have received except for deduction from
compensation due to time spent in serving as an elected State
official: Provided, That the county and the employe shall make
monthly contributions based on the last compensation equal to
the amount the county and he or she would have paid into the
retirement fund had such compensation been paid by the county.
In the event an employe, on the effective date of employment
termination, shall have less than a full year of service for
the purpose of computing the employe's service time, then the
amount of the retirement allowance, which would have been
computed had the employe completed a full twelve-month period
for the year of the termination of employment, shall be
prorated upon a full completed month basis for said last year
of service. No retirement allowance shall be computed on a
monthly compensation in excess of four thousand three hundred
thirty-three dollars and thirty-three cents ($4,333.33)
(referred to in this subsection as "excess compensation")
unless the employe and the county have made contributions on
all excess compensation received by the employe during the
five-year period preceding the employe's retirement: Provided,
That the required contribution is paid into the retirement
system within ninety (90) days of the date of retirement. An
employe who retires within five (5) years of the effective
date of the compensation cap removal may elect to satisfy the
contribution requirement by making a lump sum contribution
that is calculated by applying the applicable contribution
percentage rate to all excess compensation received by the
employe during the prior five-year period on which
contributions were not made. Within ninety (90) days of such
contribution by an employe, contributions shall also be made
by the county in an amount equal to the amount contributed by
the employe. The effective date of the cap removal is December
31, 1999.
(4) After the effective date of this amendment, certain
former county employes who are now receiving a retirement
allowance shall receive an increase of a certain per centum of
such retirement allowance, which sum shall be computed on the
average monthly retirement allowance as heretofore authorized
by the board.
(5) The per centum of increase in said monthly retirement
allowance shall be a flat 10 per centum increase with the
maximum amount not to exceed forty-five dollars ($45.00) per
month.
(6) Any employe who earns in excess of ten thousand eight
hundred dollars ($10,800) per annum and shall retire during
the period from January 1, 1973 to December 31, 1981 shall
pay, as a condition to the payment of any benefits hereunder a
lump sum contribution into the retirement fund, which
contribution shall be computed as follows:
(i) The difference between ten thousand eight hundred
dollars ($10,800) and the annual salary of the employe
multiplied by the number of years during which he was not an
employe of the county for the period aforesaid and upon that
amount the sum of two per centum which shall be the lump sum
contribution as required herein.
(ii) No person who is reemployed as a county employe shall
be eligible to receive the benefit of a retirement allowance
plus a service increment, if any, until he or she shall have
made at least twenty-four monthly or fifty-two bi-weekly
contributions into the retirement fund subsequent to his or
her reemployment. The foregoing provisions shall not have a
retroactive application and shall apply only to present and
future county employes. The rate required to be paid in
accordance with this provision shall apply to present county
employes notwithstanding the rate of contribution that the
present county employe has made into the retirement fund.
((a) amended Dec. 23, 2013, P.L.1242, No.125)
(b) ((b) deleted by amendment June 1, 1973, P.L.37, No.19)
(b.1) (1) In addition to the retirement allowance which is
authorized by this article and notwithstanding the limitations
therein placed upon retirement allowances, any county employe
hired prior to the effective date of paragraph (2) who upon
retirement shall be eligible to receive payment of a
retirement allowance and who has been employed as such for
twenty or more years during which period of time he or she
shall have made monthly contributions into the retirement
fund, shall also be eligible to the payment in addition to a
retirement allowance a service increment of two per centum per
year computed upon the annual retirement allowance to which he
or she is entitled. Said service increment shall be the sum
obtained by computing the number of full years, and any
portion of a year, in excess of twenty years during which
period of time he or she shall have made monthly or bi-weekly
contributions into the retirement fund. No service increment
shall be paid for more than twenty (20) such excess service
years. Effective as of January 1, 1989, in the event an
employe, on the effective date of employment termination,
shall have less than a full year of service for the purpose of
computing the employe's service increment, then the amount of
the service increment which would have been computed had the
employe completed a full twelve-month period for the year of
the termination of employment shall be prorated upon a full
completed month basis for said last year of service increment.
(2) In addition to the retirement allowance which is
authorized by this article and notwithstanding the limitations
therein placed upon retirement allowances, any county employe
hired on or after the effective date of this paragraph who
upon retirement shall be eligible to receive payment of a
retirement allowance and who has been employed as such for
twenty-five or more years during which period of time he or
she shall have made monthly or bi-weekly contributions into
the retirement fund shall also be eligible to the payment, in
addition to a retirement allowance, of a service increment of
two per centum per year computed upon the annual retirement
allowance to which he or she is entitled. Said service
increment shall be the sum obtained by computing the number of
full years, and any portion of a year, in excess of twentyfive years during which period of time he or she shall have
made monthly or bi-weekly contributions into the retirement
fund. No service increment shall be paid for more than twenty
(20) such excess service years. In the event an employe, on
the effective date of employment termination, shall have less
than a full year of service for the purpose of computing the
employe's service increment, then the amount of the service
increment which would have been computed had the employe
completed a full twelve-month period for the year of the
termination of employment shall be prorated upon a full
completed month basis for said last year of service increment.
((b.1) amended Dec. 23, 2013, P.L.1242, No.125)
(c) Any person receiving a retirement allowance and is
subsequently reemployed as a county employe, during the period
of such reemployment his or her retirement allowance plus a
service increment, if any, shall cease until subsequent
retirement. The subsequent retirement allowance and service
increment, if any, in the case of persons reemployed prior to
the first day of June, one thousand nine hundred fifty-three,
and retiring at any time after the first day of August, one
thousand nine hundred fifty-three, shall be at the rate he or
she would have received had there been no previous retirement.
In the case of persons reemployed after the thirty-first day
of May, one thousand nine hundred fifty-three, the subsequent
retirement allowance, plus a service increment, if any, shall
be the same as he or she received prior to his or her
reemployment. All present and future reemployed retired
employes shall have the option to make bi-weekly contributions
to the fund to qualify for an increased retirement allowance
upon subsequent retirement: Provided, That he or she make
retirement contributions to the fund with interest at the
legal rate, for said period of time when no contributions were
made from the earnings of said employe during the period of
such reemployment. Upon subsequent retirement, the reemployed
service credit, which shall equal one-twentieth for each full
year's service, shall be added to the previous retirement
allowance and in one amount, be paid monthly to the reemployed
retiree. In no event shall increments be paid for any such
reemployment service credit. ((c) amended June 29, 1976,
P.L.461, No.116)
(d) Retirement allowance plus a service increment, if any,
shall be paid in monthly installments on warrants of the
board. No retirement allowance plus a service increment, if
any, granted to any person who has heretofore retired or who
shall hereafter retire shall be decreased or revoked during
the life of any such person, except as the board may decide in
accordance with the provisions of subsection (b) of section
1711, as well as a suspension thereof in accordance with the
provisions of subsection (c) of this section. ((d) amended
June 29, 1976, P.L.461, No.116)
(e) Any present or future married county employe covered
under the provisions of this article may receive retirement
benefits in accordance with the provisions of this section to
which such county employe may be entitled or he or she may
elect at anytime before retirement, to receive in lieu thereof
benefits under the option as hereinafter set forth.
The option shall consist of retirement benefits in
accordance with the provisions of subsection (a) of this
section but reduced at age fifty-five, or on commencement of
retirement benefits if later, by ten per centum plus one per
centum for each full year in excess of five years by which the
spouse is younger than the married county employe, with a
maximum reduction to seventy per centum of such retirement
benefits, and minus one-half of one per centum for each year
by which the spouse is older, with a maximum increase to
ninety-five per centum of such retirement benefits. The
reduced amount of such retirement benefits shall commence at
the time of retirement, but not before age fifty-five, and
shall be paid to the employe subject to the provisions of
subsection (d) of this section.
((e) amended Dec. 23, 2013, P.L.1242, No.125)
(f) (1) The election by said county employe of the option
as provided in subsection (e) of this section shall be final
on attainment of age fifty or on later election prior to
retirement, and no further election shall be permitted:
Provided, That the election shall automatically be cancelled
if the county employe shall either be divorced or if his or
her spouse shall die, in each case before retirement benefits
under the option shall commence. In the event the designated
spouse shall predecease, or if a legal separation occurs,
while on retirement, the reduced retirement option benefit
shall be reinstated to the full amount had there been no
option exercised. Said reinstated amount to commence
immediately upon the death of the spouse so designated or upon
satisfactory proof of legal separation.
(2) All employes hired prior to the effective date of
paragraph (3) may elect to provide survivorship option
benefits for a spouse in the following classifications if the
following conditions are satisfied:
Class I. The deceased employe shall have attained the age
of fifty years and had completed between the minimum number of
years of service specified in subsection (a) of section 1710
and nineteen years of service and dies before reaching the age
of fifty-five years. The reduced retirement option benefit to
commence to the survivor at the time the deceased employe
would have attained the age of fifty-five years. Said benefits
to be paid in accordance with the provisions set forth under
subsection (d), Option II, of section 1713.
Class II. All employes hired prior to the effective date of
paragraph (3), who after completion of twenty or more years of
service and shall die before reaching the age of fifty years,
his or her spouse shall be eligible to receive the reduced
retirement option immediately, in accordance with the
provisions set forth under subsection (d), Option II of
section 1713.
(3) All employes hired on or after the effective date of
this paragraph may elect to provide survivorship option
benefits for a spouse in the following classifications if the
following conditions are satisfied:
Class I-A. The deceased employe shall have attained the age
of fifty years and had completed between the minimum number of
years of service specified in subsection (a) of section 1710
and twenty-four years of service and dies before reaching the
age of fifty-five years. The reduced retirement option benefit
to commence to the survivor at the time the deceased employe
would have attained the age of fifty-five years. Said benefits
to be paid in accordance with the provisions set forth under
subsection (d), Option II of section 1713.
Class II-A. All employes hired on or after the effective
date of this paragraph, who after completion of twenty-five or
more years of service and shall die before reaching the age of
fifty years, his or her spouse shall be eligible to receive
the reduced retirement option immediately, in accordance with
the provisions set forth under subsection (d), Option II of
section 1713.
((f) amended Dec. 23, 2013, P.L.1242, No.125)
(g) Sections 1710, 1711 and 1713 are to be construed as
applying to the provisions of subsection (e) of this section
insofar as the aforesaid sections are applicable.
(h) Survivorship benefits at age fifty-five shall be
determined according to the following table:
Maximum 95%
Spouse Years Older
Minimum 70% or $75.00
Spouse Years Younger
Same Age
= 90%
Same Age = 90%
- 15 years = 80%
+ 1 year = 90-1/2%
- 5 years = 90%
- 16 years = 79%
+ 2 years = 91%
- 6 years = 89%
- 17 years = 78%
+ 3 years = 91-1/2%
- 7 years = 88%
- 18 years = 77%
+ 4 years = 92%
- 8 years = 87%
- 19 years = 76%
+ 5 years = 92-1/2%
- 9 years = 86%
- 20 years = 75%
+ 6 years = 93%
- 10 years = 85%
- 21 years = 74%
+ 7 years = 93-1/2%
- 11 years = 84%
- 22 years = 73%
+ 8 years = 94%
- 12 years = 83%
- 23 years = 72%
+ 9 years = 94-1/2%
- 13 years = 82%
- 24 years = 71%
+ 10 years = 95%
- 14 years = 81%
- 25 years = 70%
One-half of the rate specified in the table shall be paid
to the surviving spouse on the death of the retired employe.
(i) (1) Any county employe hired prior to the effective
date of paragraph (2) retiring under disability retirement
benefits shall qualify for survivorship option benefits if he
or she shall have reached the age of fifty-five years and
having twenty or more years of service credit will be eligible
for same benefits had he retired under the normal retirement
provided for in this act. Any county employe retiring under
disability retirement and having twelve years but less than
twenty years of service credit, upon reaching age fifty-five
will be eligible for survivorship option benefits and his or
her spouse shall receive the maximum amount of seventy-five
dollars ($75.00) per month upon his or her death under the
option benefit clause as set forth under subsection (e) of
this section.
(2) Any county employe hired on or after the effective date
of this paragraph retiring under disability retirement
benefits shall qualify for survivorship option benefits if he
or she shall have reached the age of fifty-five years and
having twenty-five or more years of service credit will be
eligible for same benefits had he or she retired under the
normal retirement provided for in this act. Any county employe
retiring under disability retirement and having twelve years
but less than twenty-five years of service credit, upon
reaching age fifty-five will be eligible for survivorship
option benefits and his or her spouse shall receive the
maximum amount of seventy-five dollars ($75.00) per month upon
his or her death under the option benefit clause as set forth
under subsection (e) of this section.
((i) amended Dec. 23, 2013, P.L.1242, No.125)
(1712 amended Dec. 10, 1970, P.L.919, No.291)
Compiler's Note: Section 9(2) of Act 85 of 2000, which
amended section 1712, provided that the amendment of
section 1712 shall be retroactive to January 1, 2000.
Section 1713. Retirement Allowances After Leaving Service.-(a) ((a) deleted June 1, 1973, P.L.37, No.19)
(b) ((b) deleted June 1, 1973, P.L.37, No.19)
(c) ((c) deleted June 1, 1973, P.L.37, No.19)
(d) Option I. Any person who, after twenty or more years'
service as a county employe resigns from his or her office
position or employment before reaching the age of sixty years
when he or she attains the age of sixty years, when such
former county employe shall be eligible to receive a
retirement allowance which shall be computed on the average
monthly compensation as received by the former county employe
prior to his or her separation from the service of the county
or county institution district in accordance with the
provisions of subsection (a) of section 1712. Such former
county employe shall be eligible to receive, in addition to a
retirement allowance, a service increment, if any, in
accordance with the provisions of subsection (b) of section
1712 only to the time of his or her separation from the
service of the county or county institution district.
Option II. Employe may elect to receive immediate retirement
allowance benefits under the age of sixty years provided that
said retirement allowance be reduced by one-half of one per
centum for each month under the age of sixty years. Option I
or Option II election shall be final upon separation of his or
her service from the county.
Option III. Any employe under sixty years of age who has
served twenty years or more and who was dismissed through no
fault of his own may elect to receive immediate retirement
allowance benefits plus a service increment, if any, equal to
seventy per centum of the benefits he would be entitled to
receive had he continued to be employed until age sixty. The
service increment shall be effective as of January 1, 1989.
((d) amended Jan. 27, 1998, P.L.1, No.1)
(e) The aforesaid retirement allowance plus a service
increment, if any, as provided in subsection (d) of this
section, shall be subject to a suspension thereof in
accordance with the provisions of subsection (c) of section
1712. ((e) amended June 29, 1976, P.L.461, No.116)
Section 1714. Separation from Service; Refund of
Contribution.--(a) Any person contributing monthly or bi-weekly
into the retirement fund who shall, for any cause, cease to be
a county employe before he or she shall be eligible to receive
the benefits of the retirement allowances, the total amount of
the contributions paid into the retirement fund by such county
employe shall be refunded to him or her by the board, or, in
the event of the death of any such county employe, the amount
of said contributions shall be paid to such person or persons
as he or she shall have designated in writing, as filed with
the board, as his or her beneficiary, or to his or her estate.
If no person or persons have been designated as his or her
beneficiary, or no notice has been filed with the board to pay
the amount of such contributions to his or her estate, as
herein provided, then the board is herewith authorized to pay
such contributions to the executor, administrator, surviving
spouse, or next of kin of the deceased county employe. In the
event the surviving spouse or next of kin of the decedent
cannot be found for the purpose of making distribution of such
contributions for a period of seven years from the death of
the said county employe, then the aforesaid contributions
shall be escheated to the Commonwealth for the benefit of the
retirement system. In addition thereto, simple interest shall
be paid at a monthly rate of interest that is equivalent to
one-twelfth of the annual rate of interest specified herein on
contributions of the member made under subsection (a) of
section 1708 calculated from the beginning of the month of the
deposit, or withholding, or payment into the fund of those
contributions through the end of the month of refund; and such
interest credited to the contributions of the member made
under subsection (a) of section 1708 in a prior calendar year
shall receive simple interest at the monthly rate of interest
that is equivalent to one-twelfth of the annual rate of
interest specified herein through the end of the month of
refund. The annual rate of interest shall be fixed by the
board. Such contributions and interest shall be paid to a
county employe provided he was employed for a period of two
consecutive years or more and has made twenty-four monthly
contributions to the fund and is not eligible to receive the
benefits of a retirement allowance. Notwithstanding the
provisions of this subsection, a member who has ceased to make
contributions to the fund by payroll deduction shall
thereafter be credited with interest only for a period of
years equal to his years of current service under this
amendment. Any person who has heretofore or who shall
hereafter cease to be a county employe, shall thereafter cease
to be a member of the retirement system, except such former
county employe who may be eligible to receive the benefits of
a retirement allowance plus a service increment if any in
accordance with the provisions of sections 1710 and 1713.
((a) amended May 16, 1996, P.L.210, No.39)
(b) If any former county employe receiving a retirement
allowance either with or without a service increment shall die
before he or she shall have received the total retirement
allowance payments plus the service increment, if any,
including payments of a survivor's benefit allowance, if any,
equal to the total amount of contributions as made by such
former county employe into the retirement fund, then the
difference between the total of the retirement allowance
payments plus the service increment, if any, including
payments of a survivor's benefit allowance, if any, and the
total of the amount of contributions paid into the retirement
fund by such former county employe shall be paid to such
person or persons as he or she shall have designated in
writing, as filed with the board, as his or her beneficiary,
or to his or her estate. ((b) amended Nov. 30, 1967, P.L.653,
No.301)
Section 1715. Reinstatement and Requirements for Credit for
Previous Service.--(a) No county employe shall be permitted to
withdraw his or her contributions as paid into the retirement
fund upon transfer from one office, department or agency to
another. Any person who has ceased to be a county employe and
whose contributions as paid into the retirement fund, have
been refunded by the board, if such person has been reemployed
by the county or county institution district and desires to be
given credit for previous service as a county employe, he or
she shall make payment in full of the amount refunded, with
interest at the legal rate, the said interest to be computed
from the date of the refund to the date of repayment. Both
principal and interest shall be paid into the retirement fund
at one time and in one amount, or, upon approval of the board,
both principal and interest shall be consolidated into one
amount and paid in twenty-four or less equal monthly
installments, plus interest payment on monthly balances. Upon
application to the board, an employe shall be permitted to pay
the principal and interest in thirty-six or less equal monthly
installments, plus interest payment on monthly balances. Full
payment thereof shall be a condition precedent to the county
employe being eligible to receive the benefits of the
retirement allowance plus a service increment, if any. Such
county employe shall make monthly payments into the retirement
fund in accordance with the provisions of section 1708.
If any person who hereafter becomes a county employe and
thereafter ceases to be a county employe and his or her
contributions as paid into the retirement fund are refunded by
the board, is reemployed by the county or county institution
district and he or she desires to be given credit for previous
service as a county employe, he or she shall make payment in
full of the amount refunded, with interest at the legal rate,
the said interest to be computed from the date of refund to
the date of repayment. Both principal and interest shall be
paid into the retirement fund at one time and in one amount,
or, upon approval of the board both principal and interest
shall be consolidated into one amount and paid in twenty-four
or less equal monthly installments, plus interest payments on
monthly balances. Whenever the time for payment in full has
been extended for an additional period of one year the
principal and interest may be paid in a total of not more than
thirty-six equal monthly installments. Full payment thereof
shall be a condition precedent to the county employe being
eligible to receive the benefits of the retirement allowance
plus a service increment, if any. Such county employe shall
make monthly payments into the retirement fund in accordance
with the provisions of section 1708. Any person who is a
county employe on the effective date of this act may make
payments into the retirement fund which shall cover a period
of time within which such person was a county employe but was
not a member of the retirement system because such membership
was not compulsory.
((a) amended May 16, 1996, P.L.210, No.39)
(b) Any person who has heretofore or who hereafter ceases
to be a county employe and whose contributions as paid into
the retirement fund, have heretofore or shall hereafter be
refunded by the board, if such person is reemployed by the
county or county institution district and desires to be given
credit for previous service as a county employe, he or she
shall make payment in full of the amount refunded, with
interest at the legal rate, the said interest to be computed
from the date of the refund to the date of repayment. Both
principal and interest shall be paid into the retirement fund
at one time and in one amount. Upon application to the board,
an employe shall be permitted to pay the principal and
interest in thirty-six or less equal monthly installments,
plus interest payment on monthly balances. Full payment
thereof shall be a condition precedent to the county employe
being eligible to receive the benefits of the retirement
allowance plus a service increment, if any. Such county
employe shall make monthly payments into the retirement fund
in accordance with the provisions of section 1708. No person
reemployed as a county employe in accordance with the
provisions of this subsection shall be eligible to receive a
retirement allowance by reason of total and permanent physical
disability, in accordance with the provisions of section 1711,
unless he or she shall be in employ for a period of not less
than twenty years, which said period of employment shall
include credit given for previous service, as herein provided.
No person who is ineligible to become a member of the
retirement system shall be eligible to receive credit for
previous service as a county employe, as hereinbefore
provided. ((b) amended May 16, 1996, P.L.210, No.39)
(c) Any county employe who desires to be given credit for
previous service in the employ of the county as an elected or
appointed employe or official, where such service subsequent
to the first day of January, one thousand nine hundred forty,
was rendered to the county at a time when such employe or
official was not a member of the county employes' retirement
system, including a period of probation served immediately
after initial hiring, shall make application to the board, and
upon approval thereof shall pay into the retirement fund a sum
equal to twice the payment which such employe would have made
had such person been a member thereof and had the payments
been made in accordance with the provision of this article. In
addition thereto, interest at the legal rate shall be paid
from the date when the said monthly payment would have been
made. Both principal and interest shall be paid into the
retirement fund at one time and in one amount, or, upon
approval of the board, both principal and interest shall be
consolidated into one amount and paid in twenty-four or less
equal monthly installments, plus interest payment on monthly
balances. Full payment thereof shall be a condition precedent
to the county employe being eligible to receive the benefits
of the retirement allowances. Such county employe shall make
monthly payments into the retirement fund in accordance with
the provisions of section 1708. ((c) amended May 16, 1996,
P.L.210, No.39)
(d) Any person employed by any county correctional
institution at the date such person became eligible for
membership in the county employes' retirement system, who
desires to be given credit for previous service in the employ
of such institution when such employe was not eligible for
membership, shall make application to the board, and upon
approval thereof shall pay into the retirement fund a sum
equal to twice the payment which such employe would have made
had such person been a member thereof and had the payments
been made in accordance with the provisions of this article.
In addition thereto, interest at the legal rate shall be paid
from the date when the said monthly payment would have been
made. Both principal and interest shall be paid into the
retirement fund at one time and in one amount, or upon
approval of the board, both principal and interest shall be
consolidated into one amount and paid in twenty-four or less
equal monthly installments, plus interest payment on monthly
balances. Full payment thereof shall be a condition precedent
to the county employe being eligible to receive the benefits
of the retirement allowances. Such county employe shall make
monthly payment into the retirement fund in accordance with
the provisions of section 1708.
(1715 amended Dec. 14, 1989, P.L.631, No.75)
Section 1716. Contribution or Retirement Allowance Not
Subject to Levy, Attachment or Assignment; Suspension of
Retirement Allowances; Ineligibility.--No contribution,
retirement allowance or service increment shall be subject to
levy, sale, execution, attachment, garnishment, or any other
process whatsoever, and shall not be subject to assignment or
transfer. Said retirement allowance and service increment
shall be exempt from any State tax or tax of any political
subdivision.
(1716 amended Dec. 10, 1970, P.L.919, No.291)
Section 1717. Counties to Which Applicable.--(1717 repealed
Aug. 31, 1971, P.L.398, No.96)
Article XVIII
Fees of Salaried County Officers; Salary Board
(a) Fees of County Officers
Section 1801. Fees of Salaried County Officers to Belong to
County.--All fees limited and appointed by law to be received
by any county officer, either elected or appointed, or which
they shall legally be authorized, required or entitled to
charge or receive, shall belong to the county. Each of the
said officers shall exact, collect and receive all such fees
to and for the use of the county, except such taxes and fees
as are levied by the Commonwealth, which shall be to and for
the use of the Commonwealth. None of said officers shall
receive for his own use or for any use or purpose whatever,
except for the use of the proper county or for the
Commonwealth, as the case may be, any fees for any official
services whatsoever.
Section 1801.1. Clerk of Courts Fees.--(a) The fees to be
charged and collected by the clerk of courts in counties of
the second class shall be as follows:
(1) A fee of not less than fifty dollars ($50) nor more
than one hundred fifty dollars ($150) for all proceedings in
all misdemeanor and felony cases disposed of at any time
during or after trial, including the expunging of any record.
(2) A fee of not less than thirty dollars ($30) nor more
than one hundred twenty-five dollars ($125) for all
proceedings in all misdemeanor and felony cases disposed of
before trial, including the expunging of any record.
(3) The fees referred to in paragraphs (1) and (2) shall be
set by the clerk of courts.
(4) A fee of twenty-five dollars ($25) for all proceedings
in summary matters.
(5) A fee of ten dollars ($10) for all certifications.
(6) A fee of fifteen dollars ($15) for all other matters
filed in the office and for all reports prepared by the clerk
except that no fee shall be charged for filing township and
borough audit reports or transcripts received which indicate a
final disposition by the district justice.
(7) A fee of forty dollars ($40) for the filing of an
appeal from a summary conviction before a district justice.
(8) A fee of forty-five dollars ($45) for an appeal from
the court of common pleas to an appellate court.
(9) A fee of five cents (5¢) per dollar for the first one
thousand dollars ($1,000) and two cents (2¢) per dollar for
each additional one thousand dollars ($1,000) or fraction
thereof for the handling of money paid into court.
(b) In counties of the second class, the clerk of courts
may establish, modify or eliminate fees and charges, including
the fees set forth in subsection (a). The approval of the
president judge is required for the establishment of any new
fees or charges or for fees which would exceed the maximum
fees set forth in subsection (a). The clerk of courts shall
collect such fees and charges and may establish, with the
approval of the president judge, the manner in which such fees
and charges shall be collected.
(c) An amount not to exceed ten per centum of the fees and
charges collected by the clerk of courts under this section
may, at the discretion of the clerk of courts, be deposited
into a special clerk of courts computer fund established in
each county of the second class. In the alternative, the clerk
of courts may, with the approval of the president judge,
impose and collect a surcharge on some or all of the fees and
charges collected under this section; and the surcharge
collected shall be deposited into the special clerk of courts
computer fund. Moneys in the special fund shall be used solely
for the purpose of computerizing the office of the clerk of
courts.
(1801.1 added May 16, 1996, P.L.210, No.39)
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 1802. Books of Account to be Kept; Fees to be Paid
to County Treasurer Monthly.--(a) Each of said officers shall
keep a special account book, the form of which shall be
prescribed by the controller, in which entry shall be made of
all the moneys received for fees and of all moneys earned and
chargeable upon the county, specifying the day and date, the
title of the case, if any, for what service, and from whom
received.
(b) On the first Monday of each month, each of said officers
shall pay to the treasurer of the county all fees so received
during the preceding month. Duplicate receipts therefor shall
be taken, one of which he shall deposit with the county
controller, together with a transcript, in detail, of his fee
account book or books for the preceding month. He shall make
oath or affirmation before the county controller that the
transcript contains a true and correct list of all the fees
received, earned or chargeable upon the county for services
rendered in his office, either by himself, deputies or clerks,
during the preceding month that said fees were severally
charged and collected at regular rates, and that he has not
received and is not to receive from any person or persons
whatsoever, for any official services or duty, any other fees
than those so entered on said transcript.
(c) It shall be the duty of the county controller to receive
such returns and thereafter to audit and verify the same and
to do such other matters and things as may be required in the
premises, to file said receipt and transcript in the office,
and to charge the county treasurer with the money for fees so
paid in.
(d) Where fees are paid to one office which are for services
rendered or to be rendered by another, the officer receiving
the same shall specify the same on his account book and on his
transcript as of the office to which they properly belong.
Section 1803. Penalty for Receiving Gratuities or
Percentages.--If any of the officers included in this
subdivision shall receive or stipulate to receive from any
deputy or clerk or from any person or persons awarded any
contract for advertising or any other contract any sum or sums
of money as percentage on the salaries of said deputy or clerk
or on the amounts or profits of said contract, or any sum or
sums of money whatsoever as compensation for making any of the
said appointments or contracts, or shall neglect to render the
accounts or to pay over the money received for fees as
required by this subdivision, or shall wilfully neglect to
make any proper entry in the book or books required to be
kept, or shall wilfully neglect to charge for any official
services the fees allowed by law, or shall take to his own use
any such fees, or fail to comply with any of the provisions of
this subdivision, or neglect to discharge any of the duties
herein imposed, the same shall be deemed a misdemeanor in
office, and, in addition to the other penalties for such
offenses, he shall, upon conviction thereof, refund the said
sum or sums of money thus unlawfully received, and shall be
deemed incapable of holding longer the said office.
Section 1804. False Swearing to County Accounts, Bills or
Transcripts.--Any officer included in this subdivision or any
other person who shall wilfully swear or affirm falsely as to
the accuracy of any account, transcript or bill required in
this subdivision, or in making any affidavit in reference
thereto, shall be deemed guilty of perjury, and, upon
conviction thereof, shall be liable to the punishment
prescribed by law for perjury; and any person who shall
procure any other person to swear or affirm falsely in
verifying any such account, transcript or bill, or in making
any affidavit in reference thereto, shall be deemed guilty of
subornation of perjury, and, upon conviction thereof, shall be
liable to the punishment prescribed by law for that offense.
Section 1805. Officers Subject to This Subdivision to be
Paid Salaries.--All county officers to which this subdivision
applies, whether elected by the people or appointed according
to law, and their several deputies and clerks, shall be paid
for their services by fixed and specific salaries, which shall
be a charge upon the treasury of the county to which each
shall respectively belong, to the extent, except as
hereinafter provided, of the fees collected and paid in by
each officer respectively, or earned, where fees are
chargeable upon the county treasury, and said salaries shall
be paid semi-monthly or bi-weekly during the month in which
the services were rendered, at the discretion of the county
commissioners. No warrant shall be drawn for the payment of
any of said officer, his deputies or clerks who shall not have
filed the receipt and transcript for that month provided for
in this subdivision.
Section 1806. Salaries Payable from Fees.--All salaries
fixed by law, except as may be otherwise provided for herein,
shall be paid from the amounts paid into the county treasury
from the respective offices, after ascertaining and deducting
the amount due the deputies and clerks in each office. If
there has not been a sum sufficient, from fees received and
paid in or earned and due by the county for services rendered,
to pay the full amount of the salary of any officer holding
any of said offices, after deducting the amount due the
deputies and clerks, such officer shall receive only such
proportion of his salary as shall be equal to the aggregate of
the net fees received and earned by him, as aforesaid, during
his term of office during such month. If the fees in any
subsequent month or months shall exceed the amount of the
expense and salary aforesaid for such month, the deficit of
such salary for such preceding month shall be made up from
such excess.
Compiler's Note: Section 26 of Act 142 of 1976 provided that
section 1806 is repealed insofar as it relates to any
county office or officer any of the fees and charges of
which are established by the governing authority of the
unified judicial system pursuant to 42 Pa.C.S. § 1725
(relating to establishment of fees and charges).
Section 1807. Monthly Returns to be Made of Taxes and Fees
Due the Commonwealth.--(a) At the same time that monthly
returns are made, as required by section 1802 of this act, of
the fees received by said officers to and for the use of the
proper county for the preceding month, each of said officers
shall make a separate return, to the Department of Revenue, of
all taxes or fees collected or earned for the Commonwealth by
him, if any. The amounts so returned by any of said officers,
as received by him for the Commonwealth, shall be separately
paid by him into the State Treasury through the Department of
Revenue, quarterly, on the first Mondays of April, July,
October and January, for which he shall take duplicate
receipts.
(b) All commissions on the collection of any such taxes and
fees for the Commonwealth shall be deemed and taken as part of
the regular fees of the officer collecting the same and shall
be accounted for accordingly.
Section 1808. Payment of Certain Officers.--The county
solicitor, county jailor, county commissioners, county
controller, county engineer, county detectives, county
treasurer, interpreter of courts, district attorney and his
assistants shall severally be paid bi-weekly, semi-monthly,
monthly, or quarterly, at the discretion of the county
commissioners. They shall be paid the full amount allowed them
by law, but all fees and emoluments whatsoever that may accrue
to any of them by virtue of his office shall be paid by him to
the county treasurer as directed by law, and all other
officers shall be paid the amounts assigned them only when the
net receipts of their respective offices shall reach the
amounts respectively fixed for them.
(1808 amended Nov. 27, 1968, P.L.1114, No.346)
Section 1809. Salaries in Lieu of Fees.--Except to the
extent this section may be inconsistent with any other express
provision of this act, the salaries fixed and provided by law
for county officers shall be in lieu of all or any moneys,
fees, perquisites, or mileage expenses, and other allowances
received or allowed to any such officer, and all such moneys,
fees, perquisites, or mileage expenses, and other allowances,
not governed by the aforesaid exceptions, shall belong to the
county and shall be paid into the county treasury, except
where required to be paid to the Commonwealth in the manner
provided by this subdivision for fees.
Section 1810. Salaries of County Officers.--The annual
salaries of the following county officers shall be as follows:
The sheriff, eighteen thousand six hundred dollars
($18,600).
The prothonotary, eighteen thousand six hundred dollars
($18,600).
The recorder of deeds, eighteen thousand six hundred
dollars ($18,600).
The register of wills and clerk of the orphans' court, ten
thousand two hundred dollars ($10,200).
The clerk of the court, eighteen thousand six hundred
dollars ($18,600).
The treasurer, eighteen thousand six hundred dollars
($18,600).
The controller, eighteen thousand six hundred dollars
($18,600).
The coroner, eighteen thousand six hundred dollars
($18,600).
The district attorney, twenty thousand four hundred dollars
($20,400).
The chairman of the county commissioners, twenty-five
thousand eight hundred dollars ($25,800); the other county
commissioners, twenty-two thousand two hundred dollars
($22,200), each.
Two elective jury commissioners, in counties of the second
class, thirteen thousand two hundred dollars ($13,200), and
jury commissioners in counties of the second class A, six
thousand dollars ($6,000). (Par. amended Oct. 20, 1967,
P.L.472, No.224)
(1810 amended Feb. 2, 1966, 1965 P.L.1878, No.596)
(b) Salary Board
Section 1820. Salaries and Compensation.--The salaries and
compensation of county officers shall be as now or hereafter
fixed by law. The salaries and compensation of all appointed
officers and employes who are paid from the county treasury
shall be fixed by the salary board created by this act for
such purposes.
Section 1820.1. Insurance and Other Employe Benefits.--In
addition to any other authorized compensation, county
commissioners and other county officers and their dependents
shall be eligible for inclusion in group life, health,
hospitalization, medical service and accident insurance plans
or employe benefits, or payments made in lieu of such
benefits, paid in whole or in part by the county, provided
such plans, benefits or payments are offered generally to
employes of the county.
(1820.1 added Nov. 30, 2004, P.L.1439, No.186)
Section 1821. Fees.--All county officers shall continue to
charge and collect the fees, mileage and emoluments of office
for their own use or for the use of the county, as provided by
law, and where required by law, such fees, mileage and
emoluments shall be paid to the county treasurer as and when
required, and if no time of so paying be fixed as to any such
fees, mileage or emoluments, then on or before the tenth day
of each month.
Section 1822. Salary Boards Created.--There is hereby
created in the county a salary board, which shall consist of
the three individual members of the board of county
commissioners and the county controller. The chairman of the
board of county commissioners shall be chairman of the salary
board and the county controller secretary thereof. The board
shall meet and organize on the first Monday of January of each
year.
Section 1823. Number and Compensation of Officers, Deputies,
Assistants, Clerks and Employes.--The board, subject to
limitations imposed by law, shall fix the compensation of all
appointed county officers, and the number and compensation of
all deputies, assistants, clerks and other persons whose
compensation is paid out of the county treasury, and of all
court criers, tipstaves and other court employes, and of all
officers, clerks, stenographers and employes appointed by the
judges of any court and who are paid from the county treasury.
Section 1824. Revisions of Salary Schedules.--At each annual
meeting, the board shall revise the salary schedule so far as
it shall deem such action necessary. From time to time between
annual meetings, whenever required by any judge, county
officer or executive head of any separate board, commission or
division, the number or compensation of whose deputies,
assistants, clerks and employes is sought to be fixed, the
board shall meet and consider and shall fix and determine the
same. All salaries fixed under the provisions of this act
shall be paid out of the county treasury.
Section 1825. Procedure and Action of Board.--(a) Except as
herein otherwise provided, whenever the board shall consider
the number of salaries of the deputies or other employes of
any county officer or agency, such officer or the executive
head of such agency shall sit as a member of the board, as
long as any matter affecting his office or agency is under
consideration and no longer.
(b) Whenever the board shall consider the number or salaries
of the court criers or tipstaves or other court employes, the
president judge of the court shall sit as a member of the
board, as long as any matter affecting the court criers,
tipstaves or employes of his court is under consideration and
no longer.
(c) Whenever the board shall consider the number or salaries
of the officers or employes appointed by any judge of any
court, such judge shall sit as a member of the board, as long
as any matter affecting any of his appointees is under
consideration and no longer.
(d) Whenever the board shall consider the number or salaries
of the employes of the prison board, the president judge of
the court of common pleas shall sit as a member of the board,
and the board so constituted shall fix the number and salaries
of such employes, notwithstanding any general, local or
special law to the contrary.
(e) The decisions of a majority shall govern. Each board
shall keep a correct minute book of its proceedings in all
cases heard and determined by it. Such minute book shall be a
public record.
Article XIX
Fiscal Affairs
(a) Fiscal Policy and Systems
Section 1901. Functions of the Controller.--The controller
shall have a general supervision and control of the fiscal
affairs of the county and of the accounts and official acts of
all officers or other persons who shall collect, receive or
distribute the public moneys of the county, or who shall be
charged with the management or custody thereof. He may at any
time require from any of them, in writing, an account of all
moneys or property which may have come into their control. He
shall, immediately on the discovery of any default or
delinquency, report the same to the commissioners and the
court of common pleas of the county, and shall take immediate
measures to secure the public moneys or property and remove
the delinquent party, if in office and not removed by the
commissioners.
Section 1902. Accounts of Officers.--The controller shall
furnish the commissioners of the county, whenever required by
them, a detailed account of any officer or other person having
in his possession or under his control funds belonging to the
county, and shall, during regular office hours, give
information respecting any of said accounts to any taxpayer of
the county demanding the same.
He shall have power and authority to require each and every
county officer to make a quarterly statement with respect to
moneys in his possession or control as a county officer,
showing the amount of cash on hand and the amount deposited in
banks, banking institutions and trust companies, together with
the names of such institutions. He shall have power to examine
every such account of a county officer in any bank, banking
institution or trust company, to verify the accuracy of the
statement of such county officer. It shall be the duty of
every such bank, banking institution or trust company, its
officers and agents, to furnish full information to the
controller in relation to the account of such county officer.
No bank, banking institution or trust company, its officers or
agents, shall be subject to prosecution under other laws of
this Commonwealth for disclosing any such information with
respect to any account of a county officer.
Section 1903. Custody of Valuable Documents.--The controller
shall have the custody of all title deeds to real estate owned
by the county, and of all contracts entered into by or on
behalf of the county, and of all books, documents and papers
relating to its financial affairs, and of all bonds and other
obligations issued by the county, when paid. Such bonds and
other obligations, when so paid, shall be distinctly cancelled
by the controller and carefully and regularly filed, a
register of which cancellation shall be kept by him in a book
to be provided for that purpose.
Section 1904. Books of Fiscal Affairs.--The controller shall
keep a full and regular set of books in detail, by double
entry, of all the fiscal operations of the county, embracing
as many accounts, under appropriate titles, as may be
necessary to show distinctly and separately all the property
of the county, its receipts and expenditures, and all debts
and accounts due by the county officers or others, and the
amount raised from each source of revenue, and the
expenditures in detail, and classified by reference to the
objects thereof. He shall prescribe the form and manner of
keeping the books and papers used by each of the officers of
the county in connection with the fiscal affairs of the
county. Where the controller prescribes a new system of
accounting as to the fiscal affairs of the county offices, it
shall be subject to the approval of the county commissioners.
(b) Accounts, Audits and Reports by Controller
Section 1920. Controller's Settlement of Accounts; Report
to Common Pleas; Publications; Financial Report to Department
of Community and Economic Development.--The controller shall,
at the end of each fiscal year, complete the audit, settlement
and adjustment of the accounts of all county officers. He
shall, in the month of July in every year, make a report,
verified by oath or affirmation, to the court of common pleas
of said county, of all receipts and expenditures of the county
for the preceding year, in detail, and classified by reference
to the object thereof, together with a full statement of the
financial conditions of the county. A concise summary of this
report shall thereupon be published one time in such
newspapers published in the county as the controller may
direct, but the aggregate cost thereof shall not exceed four
thousand dollars ($4,000) in any one year, to be paid for out
of the county treasury. Such report may also be published in
printed pamphlets, at the cost of the county, the number and
cost of such pamphlets to be determined by the controller and
the county commissioners. The controller shall also, by the
first Monday of the month of July of the year after the close
of the fiscal year, make an annual report to the Department of
Community and Economic Development of the financial condition
of the county, on forms furnished by the Secretary of
Community and Economic Development, and subject to the
penalties provided in section 1921 of this act for the
controller refusing or neglecting to make similar reports.
(1920 amended May 12, 2010, P.L.199, No.27)
Compiler's Note: The Department of Community Affairs,
referred to in this section, was abolished by Act 58 of
1996 and its functions were transferred to the
Department of Community and Economic Development. The
Secretary of Community Affairs, referred to in this
section, was abolished by Act 58 of 1996 and the
functions were transferred to the Secretary of
Community and Economic Development.
Section 1921. Penalties.--Any controller refusing or
wilfully neglecting to file the report required by section
1920 of this act shall, upon conviction thereof in a summary
proceeding brought at the instance of the Department of
Community Affairs, be sentenced to pay a fine of five dollars
($5.00) for each day's delay beyond said sixty days and costs.
All fines recovered shall be for the use of the Commonwealth.
(1921 amended Oct. 5, 1967, P.L.340, No.146)
Compiler's Note: The Department of Community Affairs,
referred to in this section, was abolished by Act 58 of
1996 and its functions were transferred to the
Department of Community and Economic Development.
Section 1922. Audit of the Accounts of Parole and Probation
Officers and of Appropriations to National Guard Units.--It
shall be the duty of the controller to audit, settle and
adjust the accounts of every parole and probation officer,
appointed by the court pursuant to law, who shall receive from
any person or persons moneys paid under any order, sentence or
judgment of any court, and to report the results of such
audits to the court which shall have appointed such officer.
The controller shall prescribe the system of accounting to be
used by the parole and probation officer, and shall likewise
audit, settle and adjust the accounts of any moneys
appropriated by the county to units of the National Guard.
Section 1923. Accounts and Audits of Moneys Collected for
Taxing Units Within the County; Payments.--All taxes,
penalties, fines and costs collected by the county treasurer
and belonging to any city, borough, township, school district
or institution district shall be entered and carried in the
books of the county in the same manner as county moneys. It
shall be audited in like manner, and when paid to the taxing
district entitled thereto, as provided by law, such payments
shall be made on warrants in the same manner as payments are
made of county moneys.
Section 1924. Audit of Accounts of Commonwealth Moneys.--It
shall also be the duty of the controller to audit, settle and
adjust the accounts of the county treasurer with the State
Treasury, and of each of such other officers in the county
receiving money for the use of the Commonwealth, and where the
county has a financial interest, as may be referred to them by
the Auditor General or the Department of Revenue, and to make
a separate report thereof to the court of common pleas,
together with a statement of the balances due from or to such
treasurer or other officer. A certified copy of such report
shall be transmitted to the Auditor General or Department of
Revenue, as the case may be, within ten days after the same is
prepared.
Section 1925. Power of Subpoena and Attachment.--The
controller shall have power to issue subpoenas to obtain the
attendance of the officers whose accounts they are required to
adjust, their executors and administrators, and of any person
whom it may be necessary to examine as witnesses, and to
compel their attendance by attachment, in like manner and to
the same extent as any court of common pleas of this State may
or can do in cases pending before them, and also to compel in
like manner the production of all books, vouchers and papers
relative to such accounts. Such subpoena and attachment shall
be served and executed by the sheriff or coroner of the
county, as the case may require.
Section 1926. Power to Administer Oaths.--The controller
shall have power to administer oaths and affirmations to all
persons brought or appearing before him, whether accountants,
witnesses or otherwise, and all persons swearing or affirming
falsely on such examination shall be guilty of perjury.
Section 1927. Commitment to County Jail.--If any person
appearing before the controller for examination shall refuse
to take oath or affirmation, or after having been sworn or
affirmed shall refuse to make answer to such questions as
shall be put to him by the controller touching the public
accounts or the official conduct of any public officers, such
persons so refusing may be committed by the controller to the
county jail by warrant under his hand and seal, directed to
the sheriff or any constable of the county, setting forth
particularly the causes of such commitment, until he shall
submit to be sworn or affirmed or to make answers to such
questions or be otherwise legally discharged.
Section 1928. Witness Fees.--Witnesses attending before the
controller shall receive the same allowance as is received by
witnesses attending before the courts of this Commonwealth.
Such allowance shall be paid out of the county treasury, and
where final judgment is given against any officer whose
accounts are settled by the controller, shall be included in
the costs assessed against such officer.
Section 1929. Settlement of Accounts on Extraneous Proof.-If any person in possession of books, vouchers or papers
relative to public accounts before the controller shall refuse
to produce the same, or if any officer whose accounts are to
be settled and adjusted by the controller shall refuse to
attend or submit to examination, the controller shall proceed,
by the examination of witnesses and other evidence, to
ascertain and settle, as near as may be, the amount of public
money received by such officer and its application to public
purposes or otherwise.
Section 1930. Filing Reports.--The reports of the controller
shall be filed among the records of the court of common pleas
of the county, and from the time of such filing shall have the
effect of a judgment against the real estate of the officer
who shall thereby appear to be indebted either to the
Commonwealth or to the county.
Section 1931. Appeals from Reports.--An appeal may be taken
from such reports to the court of common pleas, either by the
Commonwealth, the county or the officer. Such appeal may also
be taken by ten or more taxpayers in behalf of the county, in
the manner and subject to the restrictions provided by article
thirty of this act.
Such appeal shall be entered by the Commonwealth within
four months, and by the county and the officer within sixty
days after the filing of the report. If the officer is the
appellant, he shall enter into a recognizance with two
sufficient sureties in double the sum found due by such
report, with condition to prosecute the appeal with effect and
to pay the costs and such sum of money as shall appear on the
final determination of the appeal to be due from him.
Section 1932. Form of Issue on Appeals.--The court of common
pleas shall direct the form in which the issues shall be
entered in all appeals from the reports of the county
controller. Such issues shall be tried by a jury, or may be
submitted to reference and arbitration in the manner and
subject to the proceedings provided by law.
Section 1933. Allowance of Counsel Fees.--When an appeal is
taken from the controller's reports and such appeal results
favorably to the appellants in such a manner that money is
recovered for the county, the court hearing such appeal shall
make an order to pay a counsel fee which it deems just and
reasonable to the counsel representing such appeal, out of the
funds so recovered.
Section 1934. Payment of Costs on Appeal.--(1934 repealed
Apr. 28, 1978, P.L.202, No.53)
Section 1935. Appeals to the Superior or Supreme Court.-(1935 repealed Apr. 28, 1978, P.L.202, No.53)
Section 1936. Execution.--(1936 repealed Apr. 28, 1978,
P.L.202, No.53)
Section 1937. Fines and Forfeited Recognizances.--(1937
repealed Apr. 28, 1978, P.L.202, No.53)
Section 1938. Repayment of Money Collected Upon Forfeited
Recognizances and Satisfaction of Certain Judgment Liens Upon
Real Property.--(1938 repealed Apr. 28, 1978, P.L.202, No.53)
(c) Disbursals of County Moneys
Section 1950. Claims Against County.--The controller shall
scrutinize, audit and decide on all bills, claims and demands
whatsoever against the county. All persons having such claims
shall first present the same to the controller and, if
required, make oath or affirmation before him to the
correctness thereof. The controller may, if he deems it
necessary, require evidence, by oath or affirmation, of the
claimant and otherwise that the claim is legally due and that
the supplies or services for which payment is claimed have
been furnished or performed under legal authority. He may
inquire or ascertain whether any officer or agent of the
county is interested in the contract under which any claim may
arise, or has received or is to receive any commission,
consideration or gratuity relating thereto, or whether there
has been any evasion of the provisions of this act by making
two or more contracts for small amounts which should have been
in one. If he shall find that there has been any evasion, or
that any such officer or agent is so interested, he shall
refuse to approve the claim. All claims which he shall find
legally due, he shall certify to the commissioners.
Section 1951. Drawing Warrants.--The commissioners shall
draw no warrant on the treasury for any debt, claim or demand
whatsoever not audited and approved by the controller, as
provided for in the foregoing section, except for the fees of
jurors, witnesses, criers and tipstaves of the several courts
of the county. The amount of said fees shall be ascertained by
said courts and entered on the records thereof and duly
certified by their respective clerks to the commissioners,
being first sworn to before the controller. Said certificate
shall be delivered by the commissioners to the controller for
preservation as soon as the warrants are issued.
Section 1952. Warrants; Reports on Financial Condition.--All
warrants drawn on the county treasury by the commissioners
shall be countersigned by the controller, who shall keep a
correct register thereof, noting the number, date and amount
of each, the date of payment, and to whom and for what issued.
The controller shall report to the commissioners monthly, or
oftener if required by them, the amount of outstanding
warrants registered and the amount of money in the treasury.
Section 1953. Payment of County Moneys.--The treasurer
shall pay no money out of the county treasury except on
warrants drawn by a majority of the commissioners and
countersigned by the controller. He shall cancel all warrants,
when paid, by distinctly spearing or cutting them, and shall
deliver such warrants to the controller who shall also cancel
the same. He shall report daily to the controller all moneys
paid out by him, giving the number of the warrant and the
party to whom paid.
All outstanding warrants issued before the controller
enters upon the duties of his office shall be presented to him
as other claims against the county.
Section 1954. Additional Clerk to Countersign Warrants.--The
county controller may designate, in addition to the chief
clerk, any clerk in his office to countersign warrants when
properly drawn on the county treasurer, whenever, in the
opinion of any such controller, it is necessary so to do for
the public convenience. Warrants so countersigned by such
clerk shall be honored by the county treasurer, with the same
force and effect as if countersigned by the county controller
or his chief clerk, during the period designated in writing to
such county treasurer by the said county controller.
(d) County Treasury, County Depositories
and Investment of Moneys
(Hdg. amended Nov. 5, 1971, P.L.516, No.124)
Section 1960. Duty of Treasurer; Receipts of Money for the
County.--The county treasurer shall receive all moneys due or
accruing to the county. He shall keep a just and true account
of all moneys received and disbursed. The books of the
treasurer shall at all times during office hours be open to
the inspection of the controller. He shall report daily to the
controller all moneys received by him for the county, the
person by whom, and on what account they were paid. The
treasurer shall give his receipt for all moneys paid into the
county treasury. Such receipts shall be countersigned by the
controller, who shall keep an accurate record of the same.
Section 1961. Board to Select Depositories.--The
commissioners, controller and treasurer of the county shall be
a board for the purpose of selecting depositories for the
funds of the county. For the purpose of voting at their
meetings, the county commissioners shall each have one vote,
the controller one vote, and the treasurer one vote. The
majority of said vote present at any meeting shall be
sufficient to enable the board to transact its business.
Section 1962. Meeting; Number of Depositories.--The board
shall meet at the office of the county controller not later
than noon of the third Wednesday after the first Monday of
January following the election of the county treasurer, and
thereafter as may be necessary, and shall there decide upon
the number of banks and banking institutions, not less than
three in number, as depositories of county funds, for such
period of time as the board may determine, but not to exceed
the term for which the treasurer is elected.
Section 1963. Designation and Qualification of
Depositories.--At said meeting or at any subsequent meeting
agreed upon, said board shall designate the depositories and
the rate of interest to be paid by them to the county.
Depositories so designated shall, upon receipt of notice of
their selection as a depository of county funds, furnish
collateral to secure payment of deposits and interest to the
county by depositing in escrow securities to be approved by
the board. Such securities shall be of the kind and in the
amount to be fixed by the board. Substitution of such
securities may be made with the approval of the board in each
case. The board may designate a branch bank of the Federal
Reserve Bank of the district, located within the county, as
escrow agent for the keeping of securities and to perform such
functions as the board may prescribe.
The county treasurer, upon the designation of such
depository or depositories, shall immediately transfer thereto
all county funds to be deposited, and shall thereafter keep
such deposits solely in such depository or depositories, in
the name of the county. Withdrawals from such depository shall
be only drawn by the treasurer upon properly authorized checks
or by other commercially accepted methods for county fund
transfers.
(1963 amended Dec. 13, 1982, P.L.1136, No.259)
Section 1964. Investment of Moneys.--(a) The county
treasurer shall have the power, subject to subsection (b) and
the hereinafter stated conditions and limitations, to invest
and reinvest the moneys of the general fund and special funds
as shall have accumulated beyond the ordinary needs of said
various funds, and which are not authorized by law to be
invested by any board, commission or county officer,
consistent with sound business practice, subject, however, to
the exercise of that degree of judgment, skill and care under
the circumstances then prevailing which persons of prudence,
discretion and intelligence, who are familiar with such
matters, exercise in the management of their own affairs not
in regard to speculation, but in regard to the permanent
disposition of the funds, considering the probable income to
be derived therefrom as well as the probable safety of their
capital.
(b) A Board of Investment is hereby created. Said board
shall be composed of three members, to wit: the treasurer, who
shall act as a chairman of the board; the chairman of the
county commissioners; and the controller. The board shall
provide for an investment program, including temporary
investments, subject to restrictions contained in this act,
and in any other applicable statute and any rules and
regulations adopted by the board. County boards, commissions
or other county officers authorized to make investments under
subsection (a) shall make investments in conformity with the
board's investment program.
(c) Authorized types of investments for county funds shall
be:
(1) United States Treasury bills.
(2) Short-term obligations of the United States Government
or its agencies or instrumentalities.
(3) Deposits in savings accounts or time deposits, other
than certificates of deposit, or share accounts of
institutions having their principal place of business in the
Commonwealth and insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation or the National Credit Union Share Insurance Fund
or the Pennsylvania Deposit Insurance Corporation or the
Pennsylvania Savings Association Insurance Corporation to the
extent that such accounts are so insured, and, for any amounts
above the insured maximum, provided that approved collateral
as provided by law therefore shall be pledged by the
depository.
(4) Obligations of the United States of America or any of
its agencies or instrumentalities backed by the full faith and
credit of the United States of America, the Commonwealth of
Pennsylvania or any of its agencies or instrumentalities
backed by the full faith and credit of the Commonwealth, or of
any political subdivision of the Commonwealth of Pennsylvania
or any of its agencies or instrumentalities backed by the full
faith and credit of the political subdivision.
(5) Shares of an investment company registered under the
Investment Company Act of 1940, whose shares are registered
under the Securities Act of 1933, provided that the only
investments of that company are in the authorized investments
for county funds listed in clauses (1) through (4).
(6) Certificates of deposit purchased from institutions
having their principal place of business in the Commonwealth
and insured by the Federal Deposit Insurance Corporation or
the Federal Savings and Loan Insurance Corporation or the
National Credit Union Share Insurance Fund or the Pennsylvania
Deposit Insurance Corporation or the Pennsylvania Savings
Association Insurance Corporation to the extent that such
accounts are so insured. However, for any amounts above the
insured maximum, such certificates of deposit shall be
collateralized by a pledge or assignment of assets of the
institution, and such collateral may include loans (including
interest in pools of loans) secured by first mortgage liens on
real property. Certificates of deposit purchased from
commercial banks shall be limited to an amount equal to twenty
per centum (20%) of a bank's total capital and surplus.
Certificates of deposit purchased from savings and loan
associations or savings banks shall be limited to an amount
equal to twenty per centum (20%) of an institution's assets
minus liabilities.
(7) Certificates of deposit purchased from institutions
having their principal place of business outside the
Commonwealth and insured by the Federal Deposit Insurance
Corporation or the Federal Savings and Loan Insurance
Corporation or the National Credit Union Share Insurance Fund
to the extent that such accounts are so insured, and, for any
amounts above the insured maximum, provided that approved
collateral as provided by law therefore shall be pledged by
the depository. Certificates of deposit purchased from
commercial banks shall be limited to an amount equal to twenty
per centum (20%) of a bank's total capital and surplus.
Certificates of deposit purchased from savings and loan
associations or savings banks shall be limited to an amount
equal to twenty per centum (20%) of an institution's assets
minus liabilities.
(8) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating
to fiduciaries investments) shall be an authorized investment
for any pension or retirement fund.
(9) "Commercial paper" and "prime commercial paper" as
provided for in subsection (d).
(d) As used herein "commercial paper" shall mean unsecured
promissory notes issued at a discount from par by any
industrial, common carrier, public utility or finance company
and "prime commercial paper" shall mean notes issued by
corporations whose credit has been approved by the National
Credit Office, Incorporated, New York, or its successor. The
treasurer shall have obtained the following prior to any
commitment to purchase commercial paper:
(1) A certification or other evidence that such commercial
paper is rated prime by the National Credit Office,
Incorporated.
(2) A certification or other evidence that the paper
proposed to be delivered is not subordinate to any other debt
of the issuer.
(3) A certificate or other evidence that there is no
litigation pending or threatened affecting said paper.
(4) A certificate or other evidence that the issuer is not
in default as to the payment of principal and interest upon
any of its outstanding obligations.
(5) A certificate or other evidence that the issuer was
incorporated within the United States, is transacting business
within the United States, and has assets of one billion
dollars ($1,000,000,000) or more, or is a wholly owned
subsidiary of a Pennsylvania corporation having assets of one
billion dollars ($1,000,000,000) or more.
(6) The treasurer shall not, at any time, have invested in
prime commercial paper more than an aggregate of such total
sum as the board shall have prescribed.
(e) In making investments of county funds, the county
treasurer (or other elected officials when authorized as
provided in subsection (a)) shall have authority:
(1) To permit assets pledged as collateral under subsection
(c)(3), to be pooled in accordance with the act of August 6,
1971 (P.L.281, No.72), entitled "An act standardizing the
procedures for pledges of assets to secure deposits of public
funds with banking institutions pursuant to other laws;
establishing a standard rule for the types, amounts and
valuations of assets eligible to be used as collateral for
deposits of public funds; permitting assets to be pledged
against deposits on a pooled basis; and authorizing the
appointment of custodians to act as pledgees of assets,"
relating to pledges of assets to secure deposits of public
funds.
(2) To combine moneys from more than one fund under county
control for the purchase of a single investment, provided that
each of the funds combined for the purpose shall be accounted
for separately in all respects and that the earnings from the
investment are separately and individually computed and
recorded, and credited to the accounts from which the
investment was purchased.
(3) To join with one or more other political subdivisions
and municipal authorities in accordance with the act of July
12, 1972 (P.L.762, No.180), entitled "An act relating to
intergovernmental cooperation," in the purchase of a single
investment, provided that the requirements of clause (2) on
separate accounting of individual funds and separate
computation, recording and crediting of the earnings therefrom
are adhered to.
(f) All income earned on any of the aforesaid investments
shall inure to the benefit of the county and shall be placed
in the general fund.
(1964 amended Dec. 13, 1982, P.L.1136, No.259)
(e) County Taxation, Borrowing and Transfer of Funds
Section 1970. Tax Levies.--No tax shall be levied on
personal property taxable for county purposes where the rate
of taxation thereon is fixed by law other than at the rate so
fixed. The county commissioners shall fix, by resolution, the
rate of taxation for each year. The tax levied 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 provided for in subsection (g) of
section 2901 hereof, for the payment of the matters connected
with parks and related matters provided for in sections 3007
and 3035 hereof. No such tax in any county of the second
class, shall in any one year exceed the rate of twenty-five
mills on every dollar of the adjusted valuation: Provided,
however, That the rate of taxation for payment of interest and
principal on any indebtedness incurred pursuant to the act of
July 12, 1972 (P.L.781, No.185), known as the "Local
Government Unit Debt Act," or any prior or subsequent act
governing the incurrence of indebtedness of the county shall
be unlimited. No tax for general county purposes in any county
of the second class A shall in any one year exceed the rate of
forty mills on every dollar of the adjusted valuation:
Provided, however, That the rate of taxation for payment of
interest and principal on any indebtedness incurred pursuant
to the act of July 12, 1972 (P.L.781, No.185), known as the
"Local Government Unit Debt Act," or any prior or subsequent
act governing the incurrence of indebtedness of the county
shall be unlimited. In fixing the rate of taxation, the county
commissioners if the rate is fixed in mills, shall also
include in the resolution a statement expressing the rate of
taxation in dollars and cents on each one hundred dollars of
assessed valuation of taxable property.
(1970 amended Dec. 9, 2002, P.L.1383, No.170)
Section 1970.1. Tax Levy for Institution Districts in
Second Class A Counties.--The county commissioners in counties
of the second class A shall have the power to levy a tax for
institution district purposes and for the payment of the
obligations of the predecessor poor districts on real estate,
trades, occupations and professions, in the same manner and at
the same time as county taxes, annual taxes to pay the current
expense of the institution district, none of which shall
exceed fifteen mills on the dollar of the last adjusted
assessed valuation for county purposes: Provided, That no tax
shall be levied and collected on trades, occupations and
professions at the same time a per capita tax on individuals
is levied and collected.
(1970.1 added Dec. 30, 1974, P.L.1154, No.367)
Section 1970.2. Hotel Room Rental.--(a) The following words
and phrases when used in this section shall have, unless the
context clearly indicates otherwise, the meanings ascribed to
them in this section:
"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.
"Convention center or exhibition hall," a building or
series of buildings not used for the retail sale of
merchandise or part of any shopping center, mall or other
retail center together with any land appurtenant thereto, a
major function of which is to house meetings, exhibitions,
shows, conventions, assemblies, convocations, and similar
gatherings: Provided, That one of the aforesaid buildings
shall contain a minimum of seventy-five thousand (75,000)
gross square feet of exhibition space for shows and
conventions.
"Cooperating political subdivision or agency of
government," any city or public authority located in such
county within whose boundaries a convention center or
exhibition hall is planned or constructed which shares with
the county any duties, obligations or privileges with respect
to the convention center situated therein.
"Hotel," a hotel, motel, inn, guest house, or other
building located within the taxing jurisdiction which holds
itself out by any means including advertising, license,
registration with any innkeeper's group, convention listing
association, travel publication or similar association or with
any 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; any place
recognized as a hostelry: Provided, That portions of such
facility which are devoted to persons who have established
permanent residence shall not be included in this definition.
"Municipality," a township, 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
any room in a hotel for any purpose or the right to the use or
possession of the furnishings or to the services accompanying
the use and possession of the room.
"Operator," any individual, partnership, nonprofit or
profit-making association or corporation or other person or
group of persons who maintain, operate, manage, own, have
custody of, or otherwise possess the right to rent or lease
overnight accommodations in any hotel to the public for
consideration.
"Operating deficit," the excess of expenses over receipts
from the operation and management of a convention center or
exhibition hall.
"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 occupancy of any room or rooms in a hotel as a
patron or otherwise for a period exceeding thirty (30)
consecutive days.
"Recognized tourist promotion agency," the nonprofit
corporation, organization, association or agency which is and
has been engaged in planning and promoting programs designed
to stimulate and increase the volume of tourist, visitor and
vacation business within counties served by such agencies as
that term is defined in the act of April 28, 1961 (P.L.111,
No.50), known as the "Tourist Promotion Law," and which
particular nonprofit corporation, organization, association or
agency heretofore has been recognized by the Department of
Community and Economic Development all in accordance with the
terms of said "Tourist Promotion Law."
"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 provided therein.
"Temporary," a period of time not exceeding thirty (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," any 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 therefor.
(b) The county commissioners in each county of the second
class are hereby authorized to impose an excise tax at five
per centum (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. The county
commissioners in each county of the second class A are hereby
authorized to impose an excise tax not to exceed three per
centum (3%) 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 as herein provided.
(b.1) The treasurer of each county of the second class
electing to impose the tax authorized under this section is
hereby directed to collect the tax and to deposit the revenues
received from the tax in a special fund. The revenues shall be
distributed by the county commissioners as follows:
(1) Two-fifths (2/5) of all revenues received by the
county from the excise tax shall be distributed to a
tourist promotion agency pursuant to section 2199.14.
(2) One-third (1/3) of the five per centum (5%) excise
tax collected by hotels within a municipality wherein a
convention center or exhibition hall is located (less the
cost of collecting the tax) shall, at the request of such
municipality, be returned to that municipality wherein such
convention center or exhibition hall is located, 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: Provided, however, That
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 the board of
county commissioners; And provided further, That the
members of the board of directors or other governing body
of the nonprofit organization utilized by the municipality
to provide the aforementioned promotional programs be
appointed by the governing body of the municipality.
(2.1) A five per centum (5%) fee shall be paid to the
county for collecting the tax.
(3) All remaining revenues from the five per centum
(5%) excise tax received by the county, after paying the
amounts set forth in clauses (1), (2) and (2.1), shall be
used for operational and maintenance expenditures of the
convention center or exhibition hall as provided in
subsection (d) and for regional tourist promotion
activities.
(4) In the event that bonds are issued by the public
authority to provide permanent financing or refinancing of
the expansion of and capital improvements to the convention
center/exhibition hall, the revenues received from the tax
and deposited in the special fund shall not be distributed
as aforesaid but shall be distributed by the county
commissioners in the order of priority as follows: first,
to the payment of all amounts set forth in clause (2);
second, to the trustee for such 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
such bonds and to the payment of all amounts set forth in
clause (2.1) in full or pro rata if the revenues are
insufficient to make such payments in full, as the case may
be; third, to the payment of all amounts set forth in
clause (1); and fourth, as set forth in clause (3),
provided that this clause shall not apply to bonds issued
subsequent to such permanent financing for purposes of
completion or subsequent expansions or capital
improvements.
(c) The treasurer of each county of the second class A
electing to impose the tax authorized under this section is
hereby directed to collect the tax and to deposit the revenues
in a special fund established solely for purposes of travel
and tourism promotion and advertising related to such
promotion. The treasurer is hereby authorized to establish
rules and regulations concerning the collection of the tax.
(d) In counties of the second class, expenditures from the
fund established pursuant to subsection (b.1) 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 but not
limited to the following:
(1) advertising and publicizing tourist attractions in
the area served by the agency;
(2) promoting and otherwise encouraging the use of the
facilities in the area served by the agency by the public
as a whole;
(3) promoting and attracting conventions, exhibitions
and other functions to utilize facilities in the area
served by the agency;
(4) precompletion advertising and publicizing of any
convention center or exhibition hall;
(5) promoting and attracting conventions, exhibitions
and other functions to utilize the convention center or
exhibition hall;
(6) promoting and otherwise encouraging the use of the
premises by the public as a whole, or any segment thereof;
(7) operating, furnishing and otherwise maintaining and
equipping the premises and realty appurtenant thereto;
(8) furnishing and equipping the building and grounds.
It is the intention of this section that the receipts from any
tax imposed pursuant to the provisions of this act after
payment of the distributions under subsection (b.1)(1), (2),
(2.1), (3) and (4) be used in counties of the second class 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 presently existing or
executed hereafter. The operating deficit shall be determined
by any public authority which is the designated operating
agency of any convention center or exhibition hall.
(d.1) In counties of the second class A, expenditures from
the fund established pursuant to subsection (c) shall be
annually appropriated by the county commissioners for tourist
promotion activities, to be executed by the designated tourist
promotion agency for:
(1) marketing the area served by the agency as a
leisure travel destination;
(2) marketing the area served by the agency as a
convention and business travel destination;
(3) marketing the area served by the agency to the
public as a whole for use of its tourist and convention
facilities;
(4) using all appropriate marketing tools to accomplish
these purposes, including advertising, publicity,
publications, direct marketing, direct sales, participation
in travel trade shows, etc.
The county commissioners may deduct from the funds collected
any direct or indirect costs attributable to the collection of
the tax.
(e) (1) The provisions of this section relating to counties
of the second class shall remain in force from year to
year. Revenues 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, and any revenues may be
used to provide part or all of any annual payment to be
paid by a county or a political subdivision under any
agreement with any 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 to effect necessary expansion or further capital
improvements, within the discretion of the cooperating
political subdivisions and the public authority.
(2) The provisions of this section relating to counties
of the second class A shall remain in force and effect for
three (3) years from the date of this reenactment and may
be continued thereafter by ordinance or resolution of the
county commissioners of the respective counties.
(f) Each tax year for any tax imposed hereunder shall run
concurrently with the calendar year.
(1970.2 amended Dec. 21, 1998, P.L.1088, No.146)
Compiler's Note: The act of April 28, 1961 (P.L.111, No.5),
known as the "Tourist Promotion Law," referred to in
this section, was repealed by the act of July 4, 2008
(P.L.621, No.50), known as the Tourist Promotion Act.
Section 1970.3. Joint Tax Collector.--(1970.3 repealed Dec.
1, 2004, P.L.1729, No.222)
Compiler's Note: Section 4 of Act 12 of 1997, which added
section 1970.3, provided that section 1970.3 shall be
implemented no later that July 1 of the first year
following the effective date of Act 12.
Section 1971. Temporary Loans.--Whenever the funds of a
county have been exhausted, the county commissioners may
borrow, on the credit of the county, money in anticipation of
taxes to be collected for the current fiscal year, and issue a
certificate of indebtedness payable on a certain date, not
exceeding one year from the date of issue.
Section 1972. Transfer of Certain Moneys into the County
Fund.--The commissioners may transfer into the county fund any
money placed to the credit of any city, borough or township,
where the same has been paid into the county treasury upon any
duplicate for taxes and has remained during a period of ten
years uncalled for by the authorities of the city, borough or
township to whose credit it may have been placed, and the
right to said money is not at the time of such transfer a
matter of litigation or dispute.
Section 1973. Transfer of Funds.--Whenever the county has
available, in any special or appropriation funds other than a
sinking fund, moneys for which there is no immediate use, and
another special or appropriation fund has immediate and
advantageous use for moneys which such fund lacks but the
procedure for the securing of which has been consummated, the
county commissioners shall have power, by resolution, with the
approval of the controller of such county, to temporarily
transfer moneys from one special or appropriation fund wherein
such moneys are not at the time required to a fund where such
moneys can be so advantageously used and expended. Moneys so
transferred shall be returned to the fund from which borrowed
as soon as sufficient moneys are accumulated in the borrowing
fund from authorized sources, except in the case of moneys
raised by taxation which are transferred from one budget fund
to a similar fund which derives its moneys from taxation, in
which cases no such transfer shall be required.
Section 1974. Banks Authorized to Receive Taxes.--The board
for the selection of depositories shall have authority to
designate any bank, savings bank, bank and trust company,
trust company or national banking association located within
the county as a deputy county tax collector, for the sole
purpose, however, of receiving and receipting for county taxes
paid to it at its place of business. The county tax collector
shall not be held responsible for losses occasioned by the
failure of any such institution, for moneys received by it as
such deputy. Each such institution acting as a deputy county
tax collector shall, within five days after the last day of
each calendar month, transmit to the county tax collector all
moneys received by it as such deputy during such preceding
month. Each such payment shall be accompanied by an itemized
statement showing what taxes have been paid, the dates when
paid, and by whom they have been paid. Such an institution
shall not be allowed any compensation or commission for acting
as such deputy other than expenses actually incurred in
transmitting moneys and records of payments to the county tax
collector.
Every such institution, before entering upon its duties of
receiving and receipting for taxes, shall post such security,
in such amount as shall be determined by the board, to insure
the faithful performance of its duties and the payment over of
all taxes moneys received by it.
Section 1975. Discount on Taxes Authorized.--(a) The county
commissioners are hereby empowered to grant a discount to all
taxpayers subject to the payment of county taxes upon making
payment of the whole amount thereof within the discount
period.
(b) The county commissioners shall have the power and
authority to establish and fix the discount period and the
rate of discount not less than two per centum, by resolution,
and such action shall remain in force from year to year until
again changed.
(1975 added Mar. 26, 1976, P.L.59, No.25)
Section 1976. Homestead Property Exclusion Procedure.-(a) The provisions of 53 Pa.C.S. § 8584 (relating to
administration and procedure) shall not apply to a county of
the second class, or a political subdivision of a county of
the second class, that implements an exclusion authorized
under 53 Pa.C.S. Ch. 85 Subch. F (relating to homestead
property exclusion). In lieu of the provisions set forth in 53
Pa.C.S. § 8584, a county of the second class that implements an
exclusion authorized by 53 Pa.C.S. Ch. 85 Subch. F shall adopt
such rules, regulations and procedures as deemed necessary and
reasonable for its use or the use of the political
subdivisions situate therein to administer this program of
exclusions.
(b) This section shall expire December 31, 2001.
(1976 added Oct. 30, 2000, P.L.616, No.85)
(f) Budgets
Section 1980. Fiscal Year; Preparation of Annual Budget in
Counties of the Second Class.--(Hdg. amended July 9, 1992,
P.L.682, No.99) (a) The fiscal year of the county shall begin
on the first day of January and end on the thirty-first day of
December of each year. On or before the fifteenth day of
November of each year the controller of each county of the
second class shall transmit to the commissioners a proposed
budget giving a detailed estimate of and for the legitimate
purposes of the county for the next year, including interest
due and to fall due on all lawful debts of the county bearing
interest. Such budget, when finally adopted by the
commissioners, shall be the guide to the commissioners in
fixing the tax rate. Said budget shall be prepared as provided
herein. ((a) amended July 9, 1992, P.L.682, No.99)
(b) The commissioners shall, at the same time the budget is
adopted, fix such rate of taxation upon the valuation of the
property taxable for county purposes as will raise sufficient
sum to meet the said expenditures. The commissioners shall
not, by contract or otherwise, increase the expenditures of
the county in any year to an amount beyond the taxes assessed
as aforesaid for said year.
(1980 amended Dec. 10, 1980, P.L.1159, No.211)
Section 1980.1. Fiscal Year; Preparation of Annual Budget in
Counties of the Second Class A.--(a) The fiscal year of the
county shall begin on the first day of January and end on the
thirty-first day of December of each year. The commissioners
in counties of the second class A, at least thirty days prior
to adopting the budget, shall begin preparation of the
proposed budget for the succeeding fiscal year.
(b) The controller shall transmit to the commissioners a
comparative statement of revenues for the current and the
immediately preceding fiscal year and a comparative statement
of expenditures, including interest due and to fall due on all
lawful interest-bearing debts of the county, for the same
years.
(c) The controller's statement shall also indicate the
amounts of all appropriation requests, submitted to the
controller or to the commissioners and supplied by them to the
controller, from the several county offices and agencies,
including estimates of expenditures contemplated by the
commissioners as forwarded by them to the controller.
(d) Said statements, in such form and detail as the
commissioners direct, shall be prepared upon a form or forms
furnished, as provided in this subdivision, by the Department
of Community Affairs. With this information as a guide, the
commissioners shall, within a reasonable time, begin the
preparation of a proposed budget for the succeeding fiscal
year.
(1980.1 added July 9, 1992, P.L.682, No.99)
Compiler's Note: The Department of Community Affairs,
referred to in subsec. (d), was abolished by Act 58 of
1996 and its functions were transferred to the
Department of Community and Economic Development.
Section 1980.2. Limits on Counties of the Second Class.-(a) Notwithstanding any provisions of the act of June 21, 1939
(P.L.626, No.294), referred to as the Second Class County
Assessment Law, to the contrary or any contrary provision of
any home rule charter or administrative code of a county of
the second class, when a county of the second class makes its
reassessment or revaluation at values based upon an
established predetermined ratio as required by law or when a
county of the second class changes its established
predetermined ratio, each political subdivision which
hereafter levies its real estate taxes on that revised
reassessment, revaluation or change in ratio shall for that
year reduce its tax rate, if necessary, for the purpose of
having the total amount of property tax revenue received
exclusively as a result of the reassessment, revaluation or
change in ratio equal, in the case of any political
subdivision, the total amount of property tax revenue received
in the preceding year, notwithstanding the increased
valuations of properties under the annual reassessment system.
(b) After establishing a tax rate under subsection (a), a
political subdivision may, by a separate and specific vote,
establish a final tax rate for the first year it levies its
real estate taxes on a reassessment, revaluation or change in
ratio. The tax rate under this subsection shall be fixed at a
figure that limits total amount of property tax revenue
received exclusively as a result of the reassessment,
revaluation or change in ratio not to exceed one hundred five
per cent of the total amount of property tax revenue received
in the preceding year, notwithstanding the increased
valuations of properties under the reassessment system.
(c) For the purpose of determining the total amount of
revenue received exclusively as a result of the reassessment,
revaluation or change in ratio for the year under subsections
(a) and (b), the amount to be levied on newly constructed
buildings or structures or on increased valuations based on
new improvements made to existing structures shall not be
considered.
(d) With the approval of the court of common pleas, upon
good cause shown, any political subdivision may increase the
tax rate authorized under this section.
(e) A political subdivision may adjust its calculation of
the total amount of revenue to be received exclusively as a
result of the reassessment, revaluation or change in ratio for
the year under subsections (a) and (b) by the previous fiveyear average, excluding the year immediately preceding the
effective date of the reassessment, revaluation or change in
ratio, annual net increase or decrease in revenue resulting
from final dispositions of assessment appeal.
(f) (1) To the extent that a political subdivision imposes
taxes at a rate in excess of that which is required to produce
revenue in accordance with subsections (a) and (b), the
political subdivision, upon the filing with it, within three
years of payment of the tax, of a written and verified claim
for a refund of the excess taxes paid or caused to be paid by
any person or corporation of this Commonwealth, shall refund
the excess taxes with interest.
(2) Interest required under this section shall be paid at
the same rate and in the same manner as the Commonwealth is
required to pay pursuant to section 806.1(b.1) of the act of
April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."
(3) For purposes of this subsection, the term "political
subdivision" means a county, city, borough, incorporated town,
township, home rule municipality, school district, vocational
school district and county institution district.
(g) The provisions of this section shall supersede any
provision in a home rule charter, county administrative code,
county ordinance or rule or regulation.
(1980.2 amended Nov. 16, 2005, P.L.382, No.71)
Section 1980.3. Effect of Appeal; Escrow; Payment under
Protest.--Notwithstanding any contrary provisions of the act
of June 21, 1939 (P.L.626, No.294), referred to as the Second
Class County Assessment Law, any home rule charter or
administrative code, the following shall apply in a second
class county:
(1) An appeal taken from an assessment shall not prevent
the collection of taxes based on the assessment appealed.
(2) If the assessment shall be reduced, then any
overpayment of taxes shall be returned to the person or
persons who paid the taxes.
(3) The appellant may protest the taxes due in writing
addressed to the Board of Property Assessment.
(4) The appellant shall notify the taxing districts of any
payment under protest by delivering to them a copy of the
protest.
(5) The taxing districts shall segregate twenty-five per
cent of the amount of the tax paid under protest in a separate
account and may not expend any portion of any segregated
amount unless the taxing districts petition the court,
alleging that the segregated amount is unjustly withheld.
(6) The court may order the use by the taxing district of a
portion of any segregated amount as the court deems reasonably
free from dispute, and the remainder of the segregated amount
shall be held segregated by the taxing district pending the
final disposition of the appeal.
(7) Upon final disposition of the appeal, the amount of the
overpayment found to be due the appellant shall be refunded to
the appellant by the same taxing district.
(1980.3 added Nov. 16, 2005, P.L.382, No.71)
Section 1981. Annual Budget; Control of Expenditures.-(a) In counties of the second class the controller or in
counties of the second class A the commissioners shall
annually prepare a proposed budget for all funds for the next
fiscal year no later than November 15 of the current fiscal
year. Said budget shall reflect, as nearly as possible, the
estimated revenues and expenditures of the county for the year
for which the budget is prepared. It shall be unlawful to
prepare and advertise notice of a proposed budget when the
same is knowingly inaccurate. Where, upon any revision of the
budget, it appears that the estimated expenditures in the
adopted budget will be increased more than ten per cent in the
aggregate over the proposed budget, it shall be presumed that
the tentative budget was inaccurate, and such budget may not
be legally adopted with any such increases therein unless the
same is again advertised once as in the case of the proposed
budget and an opportunity afforded to taxpayers to examine the
same and protest such increases. Said budget shall be prepared
on forms furnished as provided herein. Final action shall not
be taken on the proposed budget by the county commissioners
until after at least ten days public notice. The proposed
budget shall be published or otherwise made available for
public inspection, by all persons who may interest themselves,
at least twenty days prior to the date set for the adoption of
the budget. The county commissioners shall, after making such
revisions and changes therein as appear advisable, adopt a
budget for the next fiscal year prior to December 31 of the
current fiscal year and necessary appropriation measures
required to put it into effect. ((a) amended July 9, 1992,
P.L.682, No.99)
(b) Within fifteen days after the adoption of the budget,
the county commissioners shall file a copy of the same in the
office of the Department of Community Affairs. ((b) amended
Oct. 5, 1967, P.L.340, No.146)
(c) The county commissioners may at any time, by resolution,
make supplemental appropriations for any lawful purpose from
any funds on hand or estimated to be received within the
fiscal year and not otherwise appropriated, including the
proceeds of any borrowing now or hereafter authorized by law.
(d) The county commissioners shall have power to authorize
the transfer, within the same fund, of any unencumbered
balance or any portion thereof from one spending agency to
another, but such action shall be taken only during the last
nine months of the fiscal year.
(e) No work shall be hired to be done, no materials
purchased, no contracts made, and no order issued for the
payment of any moneys by the county commissioners, which will
cause the sums appropriated to be exceeded.
Compiler's Note: The Department
referred to in subsec. (b),
1996 and its functions were
Department of Community and
of Community Affairs,
was abolished by Act 58 of
transferred to the
Economic Development.
Section 1982. Committee to Prepare Uniform Forms.--(a) The
budget and report forms specified herein shall be prepared by
a committee consisting of three representatives from the
Pennsylvania State Association of County Commissioners, three
representatives from the Pennsylvania State Association of
County Controllers, and the Secretary of Community Affairs or
his agent, who shall be a person trained in the field of
municipal finance.
(b) Such representatives shall be appointed by the president
of each said organization. The president of each said
organization shall supply to the Department of Community
Affairs the names and addresses of such representatives
immediately upon their appointment. Said representatives shall
serve without compensation, but they shall be reimbursed by
the Commonwealth for all necessary expenses incurred in
attending meetings of the committee. The committee shall meet
at the call of the Secretary of Community Affairs or his
agent, who shall serve as chairman of the committee.
(c) In preparing the uniform forms for both budgets and
annual reports, the committee shall give careful consideration
to the differing legal requirements and needs of the counties
of the several classes, producing, if necessary, separate
forms for certain classes of counties or groups of classes.
(d) It shall be the duty of the Secretary of Community
Affairs or his agent to see to it that the forms required by
this act are prepared in cooperation with said committee.
Should said committee for any reason fail to furnish such
cooperation, the Secretary of Community Affairs or his agent
shall complete the preparation of the forms. After their
preparation, he shall issue said forms and distribute them
annually, as needed, to the commissioners, controller or
auditors of each county.
(1982 amended Oct. 5, 1967, P.L.340, No.146)
Compiler's Note: The Department of Community Affairs,
referred to in this section, was abolished by Act 58 of
1996 and its functions were transferred to the
Department of Community and Economic Development. The
Secretary of Community Affairs, referred to in this
section, was abolished by Act 58 of 1996 and the
functions were transferred to the Secretary of
Community and Economic Development.
(g) Sinking Fund Commission
Section 1990. Membership.--In the county there shall be a
sinking fund commission, composed of the commissioners, the
controller and treasurer.
Section 1991. Management of Sinking Funds.--The sinking
fund commission shall annually apply all interest received on
sinking fund deposits and all interest received on bonds held
in the sinking fund and all other income, if any, from the
sinking fund, for the purpose of reducing the amount of money
required to be paid by the county for sinking fund purposes
for the ensuing year, unless such income is necessary for the
purpose of having adequate funds on hand to pay the bonds of
the county as they mature and become payable. The income so
applied and the amount required to be paid by the county for
sinking fund purposes shall annually equal the full amount
required to be paid for sinking fund purposes to the several
sinking funds.
The commission shall have the power, whenever it deems it
necessary and for the best interests of the several sinking
funds, to sell any bonds held by it other than those of the
county itself.
Section 1992. Bonds of County Held by Commission.--All bonds
of the county held by the sinking fund commission shall be
stamped in a conspicuous manner to show that they have been
purchased for this purpose. They shall never be reissued or
sold. The sinking fund commission shall not require the county
to pay interest on any of its bonds held by the commission,
unless the commission deems the payment thereof necessary for
the purpose of having adequate funds on hand to pay the bonds
of said county as they mature and become payable. All bonds of
the county held by the commission shall be cancelled
immediately upon their maturity.
Section 1993. Paying Off and Cancelling of County Bonds;
Priority; Sale of County Bonds in Certain Cases.--In order to
facilitate the extinguishment of the county debt, the county
bonds purchased by the commission from time to time shall be
paid off and cancelled according to the priority of their
maturity. The commission may, at its discretion, withhold the
purchase of such maturing county bonds until after those
purchased from a later issue of county bonds shall be paid off
and cancelled. In such an event, if it appears that there will
not be sufficient funds in the hands of the commission to meet
the payment of such earlier maturing bonds, the same shall
then be sold by said commission at not less than par.
Section 1994. Investment in New County Bonds.--(1994
repealed Dec. 13, 1982, P.L.1136, No.259)
Section 1995. Investment of Sinking Fund Moneys.--The
commission shall have power to make investment of county
sinking funds as authorized by the act of July 12, 1972
(P.L.781, No.185), known as the "Local Government Unit Debt
Act"; and liquidate any such investment, in whole or in part,
by disposing of securities or withdrawing funds on deposit.
Any action taken to make or to liquidate any investment shall
be made by the commission.
(1995 amended Dec. 13, 1982, P.L.1136, No.259)
(h) Sale of Revenue Bills
Section 1997. Sale of Revenue Bills Authorized; Terms and
Conditions; Redeemability.--(a) The county shall have power, by
ordinance or resolution, to provide for the issue and sale,
during any fiscal year, of revenue bills, which bills may be
issued at a discount, if purchased in advance of the due date
of the taxes for such fiscal year, or at face, if purchased
after the due date of such taxes. The discount allowed on such
revenue bills shall not exceed five per centum, and the
discounts on such bills shall vary according to the date at
which the same are purchased.
(b) Such revenue bills shall be issued in multiples of ten
dollars ($10) each, and shall be issued only for the fiscal
year during which they are sold. The total issue of revenue
bills in any fiscal year shall not exceed the amount of taxes
levied or to be levied for that fiscal year, including any
special taxes. Such revenue bills shall be negotiable by the
holder thereof.
(c) The revenue bills issued and sold in any fiscal year
shall not be redeemable by the county in money, but shall be
used by the holder thereof only for the payment of taxes due
the county for the year for which such revenue bills were
issued, and shall be received by the collector or receiver of
taxes or any other person authorized to receive payment of
taxes for the county at face value in payment of any taxes for
such fiscal year, or any penalties, interest or costs due
thereon. Such revenue bills may be received in payment of
taxes at any time, so long as they shall be credited against
any taxes due the county for the year for which they were
issued and sold.
Article XIX-A
Optional Assessed Value Limitations
(Art. added June 8, 2001, P.L.114, No.16)
Section 1901-A. Definitions.--The following words and
phrases as used in this article shall be construed to have the
following meaning:
"Base year assessed value," the assessed value upon which
the real property tax is levied by the political subdivision
in the year prior to the first year real property taxes are
levied under a mandated county-wide reassessment.
"Homestead," shall have the same meaning as set forth in
the act of March 11, 1971 (P.L.104, No.3), known as the
"Senior Citizens Rebate and Assistance Act."
"Mandated county-wide reassessment," the application of new
assessed values resulting from a county-wide revision of
assessment of real property that is completed pursuant to a
court order.
"Qualified owner-occupant," a claimant as defined by the
act of March 11, 1971 (P.L.104, No.3), known as the "Senior
Citizens Rebate and Assistance Act," who is qualified to
receive a property tax rebate under the "Senior Citizens
Rebate and Assistance Act."
"Tax-neutral assessed value," the assessed value calculated
under section 1903-A.
"Tax-neutral ratio," the ratio computed by dividing the
total assessed values for all properties in the school
district in the first year after a mandated county-wide
reassessment by the assessed values for all properties in the
school district in the year immediately prior to a mandated
county-wide reassessment.
(1901-A added June 8, 2001, P.L.114, No.16)
Section 1902-A. Optional Limitations on Assessed Value.--A
county of the second class or a political subdivision located
within a county of the second class may, by adopting an
ordinance or resolution, utilize the tax-neutral assessed
value when levying the real property tax on the homestead of a
qualified owner-occupant after a mandated county-wide
reassessment. For a county-wide reassessment that becomes
effective in 2000, such ordinance or resolution by a political
subdivision located within a county of the second class may be
adopted at any time prior to June 30, 2002, and may be
retroactive to no earlier than January 1, 2001. In the event
that such resolution or ordinance is adopted retroactively
after real property taxes are levied during 2001, the levy
shall be adjusted for qualifying homesteads as if the
resolution or ordinance had been adopted before real property
taxes had been levied in 2001. Any overpayments of real estate
taxes which arise from this adjustment shall be refunded by
the political subdivision.
(1902-A amended Oct. 30, 2001, P.L.818, No.80)
Section 1903-A. Calculation of Tax-Neutral Assessed Value.-If a political subdivision has adopted an ordinance or
resolution under section 1902-A, the assessed value of the
homestead of a qualified owner-occupant shall not exceed the
base year assessed value of the homestead multiplied by the
tax-neutral ratio for the school district in which the
homestead is located. The maximum assessed value calculated
under this section shall apply only to the real property tax
levied by the political subdivision that has adopted the
ordinance or resolution.
(1903-A added June 8, 2001, P.L.114, No.16)
Section 1904-A. Duration of Tax-Neutral Assessed Value.-The tax-neutral assessed value of the homestead shall continue
in effect until the earlier of:
(1) the first year the owner of the homestead fails to meet
the requirements to receive a property tax rebate under the
act of March 11, 1971 (P.L.104, No.3), known as the "Senior
Citizens Rebate and Assistance Act"; or
(2) the date of the sale or transfer of the property to a
person other than the spouse of the qualified owner-occupant.
(1904-A added June 8, 2001, P.L.114, No.16)
Section 1905-A. Administration.--A county of the second
class shall administer the qualification of homeowners for a
tax-neutral assessed value under this act on behalf of all
other political subdivisions within the county. A person who
has qualified for and received a property tax rebate under the
act of March 11, 1971 (P.L.104, No.3), known as the "Senior
Citizens Rebate and Assistance Act," shall not be required to
file any additional application with the county in order to
receive the tax-neutral assessed value with respect to real
property taxes levied by a political subdivision adopting an
ordinance or resolution under section 1902-A.
(1905-A added June 8, 2001, P.L.114, No.16)
Section 1906-A. Sharing of Information.--The Secretary of
Revenue is authorized and directed to provide a county of the
second class with the names and addresses of individuals
residing in the county who received a property tax rebate
during the last completed calendar year. The information
provided by the secretary shall be confidential and shall not
be used for purposes other than the administration of this
act.
(1906-A amended Oct. 30, 2001, P.L.818, No.80)
Article XIX-B
Special Provisions for Assessments
(Art. added June 8, 2001, P.L.114, No.16)
Section 1901-B. Deadline for Assessment Appeals.--In the
year 2001 the Board of Property Assessment Appeals and Review
shall permit appeals to be taken from assessments up to and
including June 1, and no later, in any county of the second
class, notwithstanding any contrary provision contained in any
administrative code or resolution adopted by the county. For
years beginning with 2002, the final date by which appeals may
be taken from assessments of properties shall be determined as
provided by ordinance.
(1901-B added June 8, 2001, P.L.114, No.16)
Section 1902-B. Assessment of Signs and Sign Structures.-No sign or structure predominantly used to support or display
a sign shall be assessed as real property by a county for
purposes of the taxation of real property by the county or a
political subdivision located within the county, or by a
municipality located within the county authorized to assess
real property for purposes of taxation, regardless of whether
the sign or sign structure has become affixed to the real
estate.
(1902-B added July 17, 2007, P.L.130, No.38)
Article XX
Contracts
Section 2001. County Commissioners to Make Contracts.--The
County Commissioners may make contracts for lawful purposes
and for the purposes of carrying into execution the provisions
of this section and the laws of the Commonwealth.
(a) Except as provided in subsection (a.1), all contracts
or purchases in excess of the base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 112, shall be in writing and, except those hereinafter
mentioned and except as provided by the act of October 27,
1979 (P.L.241, No.78), entitled "An act authorizing political
subdivisions, municipality authorities and transportation
authorities to enter into contracts for the purchase of goods
and the sale of real and personal property where no bids are
received," shall not be made except with and from the lowest
responsible and responsive bidder meeting specifications,
after due notice in at least one newspaper of general
circulation, published or circulating in the county at least
two (2) times, at intervals of not less than three (3) days
where daily newspapers of general circulation are employed for
such publication, or in case weekly newspapers are employed,
then the notice shall be published once a week for two (2)
successive weeks. The first advertisement shall be published
not less than ten (10) days prior to the date fixed for the
opening of bids. ((a) amended Nov. 3, 2011, P.L.360, No.89)
(a.1) The requirements of this subsection need not be
followed in cases of emergency, but in such cases the actual
emergency shall be declared and stated by resolution of the
commissioners.
(b) The acceptance of all bids shall be by the controller.
They shall be opened publicly at a time and place to be
designated in the notice. All the figures shall be announced
publicly by the chief clerk or his designee and referred to
the appropriate departments for tabulation without the
presence of the commissioners. Whenever, for any reason, the
bid openings shall not be held, the same business may be
transacted at a subsequent meeting, the time and place of
which shall have been announced at the previous meeting held
for such openings. The contract shall be awarded or all bids
shall be rejected within thirty (30) days of the opening of
the bids, except for bids subject to 62 Pa.C.S. (relating to
procurement). Thirty-day extensions of the date for the award
may be made by the mutual written consent of the commissioners
and any bidder who wishes to remain under consideration for
award. The commissioners shall excuse from consideration any
bidder not wishing to agree to a request for extension of the
date for the award and shall release such bidder from any bid
bond or similar bid security furnished under subsection (b.1).
All contracts shall be filed with the controller or with the
chief clerk, as the case may be, immediately after their
execution.
(b.1) All bids shall, if required by the commissioners, be
accompanied by cash, a certified check, cashier's check, bank
good faith check or irrevocable letter of credit in a
reasonable amount drawn upon a bank authorized to do business
in the Commonwealth or by a bond with corporate surety in a
reasonable amount. In the event any bidder shall, upon award
of the contract to him, fail to comply with the requirements
hereinafter stated as to security guaranteeing the performance
of the contract, or fail or refuse to enter into a contract,
or otherwise fail or refuse to render the required services,
the security furnished under this subsection shall be
forfeited to the county as liquidated damages, and the
contract subsequently may be awarded to the next lowest
bidder, who shall manifest his acceptance of such contract by
giving a good faith deposit in the amount and manner set forth
in this subsection on or before the third day after the award
of the contract to such bidder and otherwise comply with the
provisions of this section.
(b.2) The amount or price of the contract shall, in all
cases whether of straight sale price, conditional sale, lease,
lease purchase or otherwise, be the entire amount which the
county pays to the successful bidder or his assigns, plus the
value of personal property transferred from the county to the
bidder or his assigns at any time during the duration of the
contract, in order to obtain the services or property, or
both, and shall not be construed to mean only the amount which
is paid to acquire title or to receive any other particular
benefit or benefits of the whole bargain. The value of
personal property transferred to the bidder or his assigns
upon execution of the contract shall be specified in the bid.
The method of determining the value of personal property
transferred to the bidder or his assigns at a time during the
duration of the contract shall be specified in the bid and
shall be determined using generally accepted valuation
methods.
(c) The successful bidder, when a formal bid is required
herein, shall be required to furnish a bond or irrevocable
letter of credit or other security in an amount sufficient to
the commissioners guaranteeing performance of the contract
within thirty (30) days after the contract has been awarded,
unless the commissioners shall prescribe a shorter period or
unless the commissioners shall waive the bond requirement in
the bid specification. The successful bidder for a contract
which involves the construction, erection, installation,
completion, alteration, repair of or addition to any public
work or improvement of any kind shall furnish security as
provided in section 2518. Performance security for services
and contracts for labor and materials delivered on a periodic
basis, including, but not limited to, food service contracts,
home health services and janitorial services and supplies, may
be computed on the expected average value for one or more
months at the discretion of the commissioners. Upon failure to
furnish any required bond within such time, the previous
awards shall be void and the commissioners may award the
contract to the next lowest bidder. Deliveries, performances,
accomplishment and guarantees may be required in all cases of
expenditures, including the exceptions herein.
(d) The contracts or purchases made by the commissioners
involving an expenditure of over the base amount of eighteen
thousand five hundred dollars ($18,500), subject to adjustment
under section 112, which shall not require advertising or
bidding as hereinbefore provided are as follows:
(1) Those for maintenance, repairs or replacements for
water, electric light, or other public works: Provided, That
they do not constitute new additions, extensions or
enlargements of existing facilities and equipment. Security
may be required by the county commissioners as in other cases
of work done.
(2) Those made for improvements, repairs and maintenance of
any kind made or provided by the county through its own
employes. This paragraph shall not apply to construction
materials used in a street improvement.
(3) Those where particular types, models or pieces of new
equipment, articles, apparatus, appliances, vehicles or parts
thereof are desired by the county commissioners, which are
patented and manufactured products or copyrighted products.
(4) Those involving any policies of insurance or surety
company bonds, those made for public utility service and
electricity, natural gas or telecommunication services:
Provided, That, in the case of utilities not under tariffs on
file with the Pennsylvania Public Utility Commission,
contracts made without advertising and bidding shall be made
only after receiving written or telephonic price quotations
from at least three (3) qualified and responsible contractors,
or in lieu of price quotations a memorandum shall be kept on
file showing that fewer than three (3) qualified contractors
exist in the market area within which it is practicable to
obtain quotations. A written record of telephonic price
quotations shall be made and contain at least the date of the
quotation, the name of the contractor and the contractor's
representative.
(5) Those involving personal or professional services,
including, but not limited to, services of members of the
medical or legal profession, registered architects, engineers,
certified public accountants or other personal services
involving professional expertise.
(6) Those involving tangible client services provided by
nonprofit agencies. For the purposes of this clause, the term
"tangible client services" shall mean congregate meals, homedelivered meals, transportation and chore services provided
through area agencies on aging.
(6.1) Those involving contracts entered into by nonprofit
cooperative hospital service associations for hospitals and
nursing homes which are part of the institutional district or
which are owned by the county, operated by the county or
affiliated with the county by the purchasing of or
participating in contracts for materials, supplies and
equipment.
(7) Those involving the purchase of milk.
(8) Those made with any public body, including, but not
limited to, the sale, lease or loan of any supplies or
materials to the county by a public body, provided that the
price thereof shall not be in excess of that fixed by the
public body. The requirements of 53 Pa.C.S. Ch. 23 Subch. A
(relating to intergovernmental cooperation) shall not apply
when a county purchases cooperatively with another public body
which has entered into a contract for supplies or materials.
As used in this paragraph, "public body" shall mean any of the
following:
(i) the Federal Government;
(ii) the Commonwealth of Pennsylvania;
(iii) any other state;
(iv) a political subdivision, local or municipal authority
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.
(9) Those exclusively involving construction management
services.
(10) Those involving computer software.
((d) amended Nov. 3, 2011, P.L.360, No.89)
(d.1) Notwithstanding the provisions of this article to the
contrary, the county commissioners shall have authority to
enter into contracts for equipment and services related to
technology and information systems on the basis of best value
procurement. Contracts under best value procurement shall be
made only after the county has solicited proposals based on
performance and outcome specifications developed by the county
and describing at minimum the objectives to be met by the
system, the tasks to be performed by the system, the users of
the system, system security issues, the time frame for system
implementation, potential operating technologies,
compatibility with existing systems, training and maintenance
and shall indicate the process by which the contract shall be
awarded. Best value procurement shall not require a sealed bid
process and shall permit the commissioners to negotiate the
terms of the agreement with any responsive and responsible
vendor.
(e) Every contract subject to this article shall comply, as
applicable, with the provisions of:
(1) The act of August 15, 1961 (P.L.987, No.442), known as
the "Pennsylvania Prevailing Wage Act."
(2) The act of December 20, 1967 (P.L.869, No.385), known
as the "Public Works Contractors' Bond Law of 1967."
(3) The act of January 23, 1974 (P.L.9, No.4), referred to
as the Public Contract Bid Withdrawal Law.
(4) The act of March 3, 1978 (P.L.6, No.3), known as the
"Steel Products Procurement Act".
(5) The act of February 17, 1994 (P.L.73, No.7), known as
the "Contractor and Subcontractor Payment Act."
(6) 62 Pa.C.S. Chs. 37 Subch. B (relating to motor
vehicles), 39 (relating to contracts for public works) and 45
(relating to antibid-rigging).
(f) No person, consultant, firm or corporation contracting
with a county for purposes of rendering personal or
professional services to the county shall share with any
county officer or employe, and no county officer or employe
shall accept, any portion of the compensation or fees paid by
the county for the contracted services provided to the county
except under the following terms or conditions:
(1) Full disclosure of all relevant information regarding
the sharing of the compensation or fees shall be made to the
board of commissioners.
(2) The board of commissioners must approve the sharing of
any fee or compensation for personal or professional services
prior to the performance of said services.
(3) No fee or compensation for personal or professional
services may be shared except for work actually performed.
(4) No shared fee or compensation for personal or
professional services may be paid at a rate in excess of that
commensurate for similar personal or professional services.
(g) (1) The board of commissioners may, in its sole
discretion, elect to use an alternative contracting procedure
to achieve the adaptive reuse of former jail facilities. If
the board of commissioners elects to utilize an alternative
contracting procedure, the board shall adopt a resolution that
the use of an alternative contracting procedure is the most
efficient, economical and timely method to secure an adaptive
reuse of former jail facilities. Upon adoption of a
resolution, the board of commissioners shall request written
proposals from proposers for the adaptive reuse of former jail
facilities under an alternative contracting method. In its
request for proposals, the board shall include such terms,
conditions and requirements which it deems necessary to
protect the interests of the county.
(2) In reviewing and evaluating the proposals for the
adaptive reuse of former jail facilities, the board of
commissioners 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 proposer's adaptive reuse proposal;
(ii) experience of the proposer;
(iii) preservation of the distinct architectural design and
integrity of the former jail facilities;
(iv) adherence to prevailing wage laws and other work force
standards;
(v) commitment to enter into voluntary contract with
disadvantaged business enterprises.
After due consideration of proposals under the criteria
described above, the board of commissioners may, in its
discretion, select a proposal and award a contract to a
responsible proposer for the adaptive reuse of former jail
facilities under an alternative contracting procedure. The
award of a contract for the adaptive reuse of former jail
facilities need not be awarded to the lowest bidder.
(3) Any contract for the adaptive reuse for former jail
facilities awarded under this subsection shall be exempt from
and not be subject to sections 2517 and 2520 of this act or
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."
(4) As used in this section, the following words and
phrases shall have the meanings given to them in this
subsection:
"Adaptive reuse." The alteration, renovation, remodeling,
modification or reconstruction of former jail facilities for
reuse as courtrooms, office space or such other facilities and
uses as the board of commissioners shall from time to time
deem necessary and appropriate.
"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. Such aspects or phases of development shall include,
but not necessarily be limited to, the planning, design,
finance, construction and management of property. The term
"alternative contracting procedure" shall be similar in all
respects to the commonly understood term in the real estate
development and construction industry known as a "turnkey."
"Former jail facilities." A building or group of buildings
with related facilities owned by a county of the second class
which are more than one hundred years old and which were
previously used as jail facilities.
"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 the areas of architectural design, construction,
financing of real estate development or construction and real
estate management.
(2001 amended Nov. 30, 2004, P.L.1439, No.186)
Compiler's Note: Section 6 of Act 89 of 2011, which amended
subsecs. (a) and (d), provided that Act 89 shall apply
to contracts and purchases advertised on or after
January 1 of the year following the effective date of
section 6.
Section 2001.1. Architects and Engineers Employed
Prohibited From Bidding on Public Works; Penalty.--It shall be
unlawful for any architect or engineer, in the employ of any
county, and engaged in the preparation of plans,
specifications or estimates, to bid or negotiate on any public
work at any letting of such work by the county, except that
any such architect or engineer who shall have prepared
preliminary plans only shall not be prohibited from bidding or
negotiating on the final contract for such work.
It shall be unlawful for the officers of any county charged
with the duty of letting any public work, to award a contract
to any such architect or engineer, in the employ of the county
who is in any way interested in any contract for public work
for the county or for any such architect or engineer to
receive any remuneration or gratuity from any person
interested in such contract except under the terms and
conditions as provided in section 2001(f).
Any person violating any of the provisions of this section
shall forfeit his office, and shall be guilty of a
misdemeanor, and on conviction thereof, shall be sentenced to
pay a fine not exceeding five hundred dollars ($500), or to
undergo imprisonment for not more than six months, or both.
(2001.1 added Dec. 10, 1980, P.L.1165, No.213)
Section 2002. Printing Contracts.--The county commissioners
may, by proper resolution, require that printing firms who are
desirous of presenting bids for county printing, shall be
required to establish consideration as responsible bidders by
all of the following:
(1) That the printing firms shall file, with the chief
clerk of the county commissioners, a sworn statement to the
effect that employes, in the employ of the firm or firms which
are to produce the printing, are receiving the prevailing wage
rate, and are working under conditions prevalent in the
locality in which the work is produced.
(2) That whenever a collective bargaining agreement shall
be in effect between an employer and employes who are
represented by a responsible organization which is in no way
influenced or controlled by the management, the agreement and
its provisions shall be considered as conditions prevalent in
the locality and shall be the minimum requirements for being
adjudged a responsible bidder under this act.
(3) That in case any dispute arises as to what is the
prevailing rate of wages for work applicable to the contract,
which cannot be adjusted by the county commissioners, the
matter shall be referred to the county salary board and its
decision thereon shall be conclusive.
(4) The words "prevailing wage rate," as used in this act,
shall be construed to mean at least the minimum wages which
are received by employes of any printing firm or firms, in
second class counties, as a result of collective bargaining
agreements negotiated by an employer or employers with a
responsible organization representing the employes. If the
wage rates, so arrived at, vary in any district in such
county, then any printing firm which pays wages at least equal
to those provided for in any of such agreements, shall, for
the purposes of this act, be deemed to be paying the
prevailing wage rate.
(2002 added June 1, 1956, 1955 P.L.1996, No.669)
Section 2003. Certain Contract Provisions Prohibited.--No
political subdivision or authority in a county may enter into
any contract related to a redevelopment capital assistance
project as provided under section 318 of the act of February
9, 1999 (P.L.1, No.1), known as the "Capital Facilities Debt
Enabling Act," which contains a provision requiring that a
specified percentage of a contracting party's work force be
residents of a specific municipality.
(2003 added Oct. 30, 2000, P.L.616, No.85)
Compiler's Note: Section 9(1) of Act 85 of 2000 provided
that the addition of section 2003 shall be retroactive
to February 9, 1999.
Article XXI
Special Powers and Duties of the County
(a) Appropriations for Military Purposes
Section 2101. Appropriation of Money or Land for National
Guard Armories.--(a) The board of commissioners may, either
independently or in connection with any other county or with
any city, town, borough or township, provide and appropriate
moneys, or convey land to the Commonwealth of Pennsylvania, to
assist the Armory Board of the State of Pennsylvania in the
erection, wherever deemed most advantageous by the Armory
Board, of armories for the use of the National Guard of
Pennsylvania. The board of commissioners may acquire land for
such purpose, either by purchase at tax sale, by gift, by the
right of eminent domain, or otherwise.
(b) The board of commissioners may also furnish water, light
or fuel, either or all, free of cost to the Commonwealth of
Pennsylvania, for use in any armory of the National Guard, and
may do all things necessary to accomplish such purpose.
Section 2102. Appropriation for Maintenance of National
Guard.--(a) The board of commissioners may appropriate,
annually, from any moneys in the county treasury not otherwise
appropriated, a sum not exceeding seven hundred and fifty
dollars ($750) for the support and maintenance, discipline and
training of any dismounted company or similar unit of the
National Guard, and a sum not to exceed fifteen hundred
dollars ($1500) for the support and maintenance, discipline
and training of any mounted or motorized troop or similar unit
of the National Guard. Where such units are organized as a
battalion, regiment or similar organization, the total amount
due may be paid to the commanding officer of the battalion,
regiment or similar organization.
(b) Any moneys so appropriated shall be paid by warrant of
the commissioners, drawn to the order of the commanding
officer of such company, battalion, regiment or similar
organization, only when it shall be certified to the
commissioners by the Adjutant General of the State that such
unit or units have satisfactorily passed the annual inspection
provided by law. The moneys so appropriated shall be used and
expended solely and exclusively for the support and
maintenance, discipline and training of the said company,
battalion, regiment or similar organization, and the
commanding officer shall account, by proper vouchers to the
county, each year, for the expenditure of the money so
appropriated, and no appropriation shall be made for any
subsequent year until the expenditure of the previous year is
duly and satisfactorily accounted for.
(c) The accounts of such expenditures shall be subject to
the inspection of the Department of Military Affairs, and
shall be audited by the controller in the manner provided by
law for the audit of accounts of county moneys.
Section 2103. Appropriation to Rifle Clubs in Time of War.-(a) At any time a state of war exists, the board of
commissioners may appropriate money to civilian rifle clubs,
duly chartered by the National Rifle Association of the United
States of America, for the maintenance and rental of rifleranges, the employment of competent instructors and necessary
employes, and for the equipment and uniform for the members of
such clubs who volunteer for special military duty in the
county or answer any call of the Governor of the Commonwealth.
(b) No moneys shall be appropriated to any such club unless
practice on such rifle-range by the members of the club shall
be with the United States military rifle or arms approved by
the State Adjutant General.
Section 2104. Grants to Nonprofit Art Corporations.--The
commissioners of each county may make grants annually, not
exceeding an amount equal to one (1) mill of the real estate
tax to nonprofit art corporations for the conduct of their
artistic and cultural activities. For the purposes of this
section nonprofit art corporation shall mean a local arts
council, commission or coordinating agency, or any other
nonprofit corporation engaged in the production or display of
works of art, including the visual, written or performing
arts. Artistic and cultural activities shall include the
display or production of theater, music, dance, painting,
architecture, sculpture, arts and crafts, photography, film,
graphic arts and design and creative writing.
(2104 added Feb. 8, 1980, P.L.5, No.3)
(b) Burial of Deceased Service Persons
and Widows
Section 2108. Definitions.--(a) The term "deceased service
person" as used in this subdivision shall mean and include:
(1) Any deceased person who, at the time of his or her
death, was serving (whether or not in a combat zone) in the
Army, Navy, Air Force, Marine Corps, Coast Guard, or any
women's organization officially connected therewith, during
any war or armed conflict in which the United States has been,
is now, or shall hereafter be engaged, or who, at the time of
his or her death, was serving in a zone where a campaign or
state or condition of war or armed conflict then existed, in
which the United States was, is, or shall be a participant.
The existence of a campaign or state or condition of war or
armed conflict and the participation of the United States
therein, as well as the fact that the deceased person served
in a zone where such campaign or state or condition of war or
armed conflict existed, shall, in each case, be established by
the records of the Department of Defense of the Federal
Government; or
(2) Any deceased person who had so served at any time
during his or her life, and whose separation from such service
was honorable, whether by discharge or otherwise, or who, at
the time of his or her death, was continuing in such service
after the cessation of the war, armed conflict, campaign or
state or condition of war during or in which he or she served;
or
(3) Any deceased person who was in active service in the
militia of the State of Pennsylvania under and in pursuance of
any proclamation issued by the Governor during the Civil War,
who was not duly mustered into the service of the United
States, but was honorably discharged or relieved from such
service.
(b) The term "legal residence," as used in this
subdivision, shall be construed as synonymous with "domicile,"
and is hereby defined as actual residence, coupled with
intention that it shall be permanent, or a residence presently
fixed with no definite intention of changing it or of
returning to a former residence at some future period. Legal
residence is to be determined by abode of person and his or
her intention to abandon his or her former domicile and
establish a new one. The legal residence of a deceased service
person shall be prima facie in the county where he or she made
his or her abode at the time of his or her death.
(2108 amended Sept. 27, 1955, P.L.592, No.158)
Section 2109. Funeral Expenses of Deceased Service Persons.-(a) Any county is hereby authorized and directed to contribute
the sum of seventy-five dollars ($75) and may contribute an
additional sum of twenty-five dollars ($25) towards the
funeral expenses of each deceased service person in the cases
enumerated below, where in each case application therefor is
made within one year after the date of his or her death. In
the case of any deceased service person who died while in the
service, application need not be made within one year after
the date of his or her death, but may be made at any time
thereafter. ((a) amended Dec. 29, 1971, P.L.658, No.173)
(b) Payments shall be made under the following
circumstances:
(1) Where the deceased service person, at the time of his or
her death, had his or her legal residence in the county,
whether or not he or she died in the county and whether or not
he or she was buried in the county. It is hereby declared to
be the intent of the General Assembly that every deceased
service person having a legal residence in this Commonwealth
at the time of his or her death shall be entitled to the
benefits of this section, regardless of where he or she may
have died or where he or she may be buried, and that the
liability therefor shall be on the county where the deceased
service person shall have had his or her legal residence at
the time of his or her death.
(2) Where the deceased service person died and was buried in
the county, but at the time of his or her death did not have a
legal residence within this Commonwealth, if the county
commissioners of the county where he or she died are notified
in writing by any organization of veterans that the body is
unclaimed by relatives or friends and upon investigation shall
find such condition to exist.
(3) Where a deceased service person has died while a member
of the Pennsylvania Soldiers' and Sailors' Home at Erie,
Pennsylvania, and such home incurs all funeral expenses and
buries the soldier in a cemetery in the City of Erie,
Pennsylvania, or the home furnishes clothing, casket and
shipping case and ships the body to the county from which he
was admitted to the home, the county from which he was
admitted shall reimburse and pay to the Pennsylvania Soldiers'
and Sailors' Home the amount of seventy-five dollars ($75), or
so much thereof as was actually expended by the home.
Section 2110. Burial of Widows of Deceased Service
Persons.--Upon due application and proof, the county is hereby
authorized and directed to contribute the sum of seventy-five
dollars ($75), and may contribute an additional sum of twentyfive dollars ($25) from the county funds towards the funeral
expenses of any widow of any male deceased service person who,
at the time of her death, had a legal residence in the county,
whether or not she died in the county and whether or not she
was buried in the county. The county shall not contribute any
moneys toward the funeral expenses of any such widow of a
deceased service person who had remarried after the death of
such deceased service person, nor unless application for the
payment of such moneys shall be made within one year after the
date of the death of such widow.
(2110 amended Dec. 29, 1971, P.L.658, No.173)
Compiler's Note: Section 9(c) of Act 173 of 1978 provided
that section 2110 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(c) (relating to
equality of rights based on sex).
Section 2111. Payment.--(a) It shall be the duty of the
county to cause a warrant to be drawn upon the treasury of the
county in the sum of seventy-five dollars ($75), or one
hundred dollars ($100) if the additional sum of twenty-five
dollars ($25) is authorized, for each body buried in
accordance with the provisions of this subdivision, to be paid
out of the funds of the county, and such warrants shall be
made payable to the applicant or applicants if the application
shows that the funeral expenses have been paid; otherwise, to
the undertaker performing the services, with notice to the
applicant.
(b) Application for such contribution shall be made by the
personal representative of such deceased service man or
deceased service man's widow, if there be such personal
representative, and if no such personal representative has
qualified, then by any next of kin, individual or veterans'
organization who or which assumes responsibility for the cost
of burial of the body. The application shall be sustained by
affidavit as to the facts.
(c) The application shall be on forms prescribed by the
Department of Military Affairs, and shall set forth whether or
not the funeral expenses have been paid. The application shall
have attached thereto a certified copy of the death
certificate, and a certificate by the undertaker who had
charge of the burial of the body and to the effect that the
undertaker did render such service. ((c) amended Dec. 10,
1980, P.L.1156, No.209)
(2111 amended Dec. 29, 1971, P.L.658, No.173)
Compiler's Note: Section 9(c) of Act 173 of 1978 provided
that section 2111 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(c) (relating to
equality of rights based on sex).
Section 2112. Notification to County Commissioners.--The
coroners and all other public officers, agents and servants,
and all officers, agents and servants of any county, city,
township, borough, district or other municipality, or of any
prison, morgue, hospital, home or other public institution,
having the control or custody of the body of the deceased
service person whose body is entitled to be buried under the
provisions of this subdivision, shall immediately, upon the
death or arrival of the body of such deceased service person,
notify the county commissioners of the county wherein such
death occurred or wherein such deceased service person shall
have had his legal residence.
Section 2113. Markers on Graves; Memorial Certificates;
Headstones.--(Hdg. amended Oct. 5, 1990, P.L.519, No.125)
(a) The county commissioners of the county shall from time to
time, as they consider expedient, procure appropriate markers
for the graves of deceased service persons and the graves of
all other deceased persons who served in the Army, Navy, Air
Force, Marine Corps, Coast Guard, Merchant Marine during World
War II or any organization officially connected therewith and
whose separation from such service was honorable, whether by
discharge or otherwise. Such markers shall be of cast bronze,
aluminum or a suitable substitute material. ((a) amended June
11, 2008, P.L.173, No.23)
(b) The county commissioners shall procure bronze, aluminum
or suitable substitute material markers from some manufacturer
or manufacturers engaged in the manufacturing of the same, and
in the contract for the furnishing thereof the manufacturer
furnishing the bronze markers shall warrant that the same are
made of the following metals and in the following proportions:
copper, eighty-five per centum; tin, five per centum; zinc,
five per centum; and lead, five per centum. ((b) amended June
11, 2008, P.L.173, No.23)
(c) The manufacturer shall be liable to the county to an
amount equal to the sum paid to him by the county for the
markers if the above proportions of metals are not contained
in the markers.
(d) Nothing, except actual fraud on the part of the county
commissioners, shall render them liable for any amount if it
is established that the markers are not composed of the metals
in the proportions above recited.
(e) No officer, trustee, association, corporation or person
in control of any cemetery or a public burying ground shall
have the right to question the composition of such bronze
markers, or to require that any of them be chemically analyzed
before being placed in the cemetery, or under any
circumstances to refuse to permit the erection thereof in the
cemetery or public burying ground, or to charge for making the
foundations for the same more than is charged for making
similar foundations of the same proportions. Any person who
violates any of the provisions of this subsection shall, upon
conviction thereof in a summary proceeding, be sentenced to
pay a fine of not less than ten dollars ($10) nor more than
one hundred dollars ($100) for each offense.
(f) The county commissioners of the county are hereby
authorized and directed to place a marker upon the grave of
each deceased service person and the graves of all other
deceased persons who served in the Army, Navy, Air Force,
Marine Corps, Coast Guard, Merchant Marine during World War II
or any organization officially connected therewith and whose
separation from such service was honorable, whether by
discharge or otherwise, who, at the time of his or her death,
had his or her legal residence in the county, whether or not
he or she died in the county and whether or not he or she was
buried in the county, and upon the grave of each deceased
service person buried in the county who, at the time of his or
her death, did not have a legal residence within this
Commonwealth. When such deceased service person shall have
been a veteran of any war or campaign for which the Government
of the United States issued discharge buttons, the markers
designated for their graves shall include a facsimile of said
discharge button. When such markers are upright flag holders
they shall consist of cast bronze or any other weather
resistant material. When such deceased service person shall
have been a veteran of the Korean Conflict, the markers
designated for their graves shall include a circular emblem
with the words "Korea, U.S., 1950-1953" in the border thereof,
and shall incorporate the insignia of the Army, Navy, Marine
Corps, Air Force, and Coast Guard, in the form approved by the
Veterans' Commission. In lieu of placing an upright flag
holder on the grave, if the next of kin of a veteran so
requests, a memorial certificate may be issued to the next-ofkin of a deceased service person who at the time of his or her
death had his or her legal residence in the county, whether or
not he or she died in the county and whether or not he or she
was buried in the county. The memorial certificate shall
indicate the deceased service person's name and designate the
war or campaign in which the deceased service person
served. ((f) amended June 11, 2008, P.L.173, No.23)
(g) It shall be the duty of the county commissioners of the
county upon or at any time subsequent to the death of any
deceased service person who, at the time of his or her death,
had his or her legal residence in the county, on application
as hereinafter provided, to cause a headstone or bronze
memorial tablet to be placed at the head of or on the grave of
each such deceased service person and the graves of all other
deceased persons who served in the Army, Navy, Air Force,
Marine Corps, Coast Guard, Merchant Marine during World War II
or any organization officially connected therewith and whose
separation from such service was honorable, whether by
discharge or otherwise. ((g) amended June 11, 2008, P.L.173,
No.23)
(h) Each headstone shall contain his or her name and the
rank and organization to which he or she belonged or in which
he or she served, in letters raised or cut in at least threesixteenths of an inch deep. The headstone shall be of either
marble or granite and shall be placed or set in a concrete
base at least three feet deep, or if a headstone has been
provided for such grave by the United States Government, the
county commissioners shall provide the concrete base therefor,
or if lettering only on an existing memorial is desired by the
family, the county commissioners shall provide such lettering.
(i) In the event the body of any deceased service person
either cannot or will not be returned to the United States of
America, it shall be the duty of the county commissioners to
cause a headstone to be placed in the family plot of such
deceased service person. Said headstone shall have inscribed
therein: (1) the name, rank and organization of such deceased
service person; (2) the name of the country, location or
manner in which such person lost his or her life; and (3) the
cemetery or location in which the body, if buried, was finally
laid to rest. Application therefor shall in each case be made
on forms prescribed by the Department of Military Affairs, and
may be made by any relative of the deceased service person, or
by a friend if there is no objection by the nearest relative.
Each application must be approved by an organization of
veterans of any war in which the United States has been, is
now, or shall hereafter be engaged.
(j) The expense in each case shall be borne by the county in
which the deceased service person had his or her legal
residence at the time of his or her death, whether or not he
or she died in the county and whether or not he or she was
buried in the county. The expense shall not exceed the sum of
one hundred dollars ($100) for each headstone or concrete base
or lettering or bronze memorial tablet, and the county
commissioners of the county, acting under this section, shall
cause to be drawn a warrant on the treasury of the county for
the payment of said expense in favor of the party or parties
furnishing such headstone or concrete base or lettering or
bronze memorial tablet. ((j) amended May 3, 1965, P.L.27,
No.25)
(k) In cases of dispute concerning the legal residence of a
deceased service person, the county in which a deceased
service person is buried shall perform the duties hereinbefore
set forth. No such payment or payments shall be made unless
the application therefor shall be approved, before the
commencement of the project, by the county commissioners.
(l) Any person who shall wilfully, maliciously or carelessly
destroy, mutilate, remove or deface any grave marker or
headstone placed or erected under the provisions of this
section shall be guilty of the grade of offense in relation to
the dollar amount of the theft or damage done in accordance
with l8 Pa.C.S. § 3903 (relating to grading of theft offenses).
((l) amended May 13, 1988, P.L.395, No.62)
Section 2114. Burial Plots.--The county commissioners of the
county are hereby authorized to purchase plots of ground in
any cemetery or burial ground in the counties for the
interment of deceased service persons whose bodies are
entitled to be buried under the provisions of this
subdivision, and to cause to be drawn a warrant upon their
county treasury for the payment of the same. The purchase
price of said plots of ground shall not be charged against or
allotted as part of the cost of burial of such deceased
service persons who may be buried in any of said plots under
the provisions of this subdivision.
Section 2115. Care of Graves and Markers.--The county
commissioners of the county shall at all times see that the
graves and tombstones of all deceased service persons who are
buried in such county receive proper and fitting care, and may
employ all necessary assistance to carry out the provisions of
this section. The expense of the care of such graves and
tombstones shall be borne by the county where said graves are
located, except where suitable care is otherwise provided.
Money so appropriated may be expended directly by the county
commissioners or paid over to the person, firm, association or
corporation owning or controlling any cemetery or burial place
in the county where any such grave is situated. The sum so
paid over in any year shall not exceed, for each grave, the
charge for the annual care and maintenance of like graves in
the same cemetery, or if no such fixed charge is established
in that cemetery, it shall not exceed the sum charged in other
cemeteries in the same county for like service.
Section 2116. Proof of Service, Et Cetera.--(a) In each
case where application is made for a contribution towards the
funeral expenses of a deceased service person or the widow of
a deceased service person or for a headstone or concrete base
or lettering or bronze memorial tablet, the county
commissioners shall, before expending any money therefor,
require proof of the following facts:
(1) The service of the deceased service person which
entitles him or his widow to the benefits of this subdivision.
Such proof shall be by the production of an honorable
discharge or other official record showing service during any
war in which the United States is or was engaged, or by the
records of the Department of Defense of the Federal Government
or by copies thereof filed in the Department of Military
Affairs, showing the existence of a campaign or state or
condition of war, the participation of the United States
therein, and the service of the deceased service person in a
zone where such campaign or state or condition of war existed.
(2) The death of the deceased service person.
(3) In the case of the burial of the widow of a deceased
service person, the death of such widow, and the fact that she
was married to the deceased service person at the time of his
death and that she has not since remarried. The proof required
by clauses one and two of this subsection shall also be
required in such cases.
(4) Except in cases where persons not having a legal
residence within this Commonwealth are entitled to any of the
benefits of this subdivision, the legal residence within the
county of the deceased service person or of the widow of a
deceased service person, as the case may be.
(b) Death shall in all cases be proved by death certificate
where the same is procurable; otherwise, by affidavit of one
or more persons personally acquainted with the deceased and
the fact of his or her death, or by proof of the record of
death kept by the attending physician, or by proof of the
record of burial kept by the undertaker by whom he or she was
buried or by the church burial association or cemetery company
maintaining the graveyard, burial ground or cemetery in which
he or she was buried.
(c) Where any proof required by this subdivision has been
furnished to the county commissioners, no further proof of the
same facts shall be required in order to obtain any other
benefit under the provisions of this subdivision.
Compiler's Note: Section 9(c) of Act 173 of 1978 provided
that section 2116 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(c) (relating to
equality of rights based on sex).
(c) Memorial Observances
Section 2121. Appropriations to Veterans' Organizations for
Expenses of Memorial Day and Veterans' Day.--(a) The board of
commissioners may appropriate, annually, to each camp of the
United Spanish War Veterans, and to each post of the American
Legion, and to each post of the Veterans of Foreign Wars, and
to each post of the American War Veterans of World War II
(AMVETS), and to each detachment of the Marine Corps League,
and to each Naval Association, and to each post of the Grand
Army of the Republic, and to each post of the Italian American
War Veterans of the United States, Incorporated, and to each
post of the Disabled American Veterans of the World War, and
to each organization of American Gold Star Mothers, and to
each organization of ex-service men incorporated under the act
of April twenty-ninth, one thousand eight hundred and seventy-
four (Pamphlet Laws 73), and the supplements thereto, in the
county, a sum not to exceed three hundred dollars ($300), to
aid in defraying the expenses of Memorial Day and Veterans'
Day.
(b) Where the Grand Army of the Republic has ceased to exist
or to function, such appropriation may be made to the Sons of
Union Veterans of the Civil War, Daughters of Union Veterans
of the Civil War, or, in the absence of such orders, to a duly
constituted organization which conducts the decorating of
graves of Union Veterans of the Civil War.
(c) Such payments shall be made to defray actual expenses
only. Before any payment is made the organization receiving
the same shall submit verified accounts of their expenditures.
(2121 amended Oct. 9, 1967, P.L.359, No.157)
Section 2122. Flags to Decorate Graves.--(a) It shall be the
duty of the county commissioners to provide flags on each
Memorial Day with which to decorate the graves of all deceased
service persons and the graves of all other deceased persons
who served in the Army, Navy, Air Force, Marine Corps, Coast
Guard, Merchant Marine during World War II or any organization
officially connected therewith and whose separation from such
service was honorable, whether by discharge or otherwise,
buried within the county. The flags to be used for said
purposes shall be of one standard size, and shall be purchased
at the expense of the county from moneys in the county
treasury. ((a) amended June 11, 2008, P.L.173, No.23)
(b) Such flags shall be furnished to the various veterans'
organizations in such numbers as they shall require for their
respective communities.
(c) The moneys expended by any county under the provisions
of this section shall be in addition to moneys appropriated by
the county for Memorial Day purposes.
(d) The authorities in charge of any cemetery are authorized
to remove such flags when the same become unsightly or
weatherworn at any time not less than ninety days after the
flags have been placed on graves.
Section 2123. Compilation of War Records; Director of
Veterans' Affairs.--(a) The county commissioners of the county
are hereby authorized and directed, at the expense of the
county, to compile a record of the burial places within such
county of deceased service persons. Such record, so far as
practicable, shall indicate the name of each such person, the
service in which he or she was engaged, the number of the
regiment or company or command, the rank and period of
service, the name and location of the cemetery or other place
in which his or her body is interred, the location of the
grave in such cemetery or other place, and the character of
headstone or other marker, if any, at such grave. Such record
shall be known as the Veterans' Grave Registration Record of
............. County, and shall be a public record open to
inspection during business hours.
(b) The county commissioners of the county shall cause
record blanks to be prepared according to forms prescribed by
the Department of Military Affairs, whereby the information
required for such record may be transmitted to them.
(c) Every person, firm, association or corporation,
including a municipal corporation, owning or controlling any
cemetery or burial place within the Commonwealth in which are
interred the bodies of deceased service persons, shall file
with the county commissioners of the county in which such
cemetery is located, a certificate, on the record blanks
provided by said county commissioners, of the facts required
for such record, as far as the same are within the knowledge
of such person, firm, association, corporation, or the agents
thereof.
(d) The county commissioners shall cause record blanks to
be distributed to such persons, firms, associations and
corporations, as they deem advisable, with the request that
such information be transmitted to them. Any such person,
firm, association or corporation, except municipal
corporations, upon receipt of such blanks or forms, who shall
refuse or neglect to fill out and transmit to the county
commissioners such blanks or forms within six months after
receipt of same, upon conviction thereof in a summary
proceeding, shall be sentenced to pay a fine of one hundred
dollars ($100).
(e) For the purpose of locating the burial places of
persons who have served in the military or naval service or
other branches of the combative forces of the United States
during any war or armed conflict in which the United States
was engaged, the Grand Army of the Republic, the United
Spanish War Veterans, the Veterans of Foreign Wars of the
United States, the American Legion, the Disabled American
Veterans, the American Veterans of World War II (AMVETS), the
Marine Corps League, and the Italian American War Veterans of
the United States, Incorporated, through their local camps,
posts and branches in this Commonwealth, are authorized,
without expense to the county, to collect the required data
and prepare and file with the county commissioners
certificates embodying the information provided for in this
section. ((e) amended June 19, 1961, P.L.461, No.231)
(f) For the purpose of carrying into effect the provisions
of this section, the county commissioners shall appoint a
director of veterans affairs, who shall receive such
compensation as the salary board may fix.
(g) It shall also be the duty of the director of veterans
affairs to:
(1) Assist the county commissioners in administering the
provisions of this subdivision which relate to the burial of
deceased service persons and their widows and to furnishing
markers and placing headstones on their graves.
(2) Assist war veterans and their families in securing
their rights as such in matters relating to their person,
property and care of family, under any of the laws of this
Commonwealth and of the United States, and for such services
the director of veterans affairs shall be entitled to his
expenses incurred therein and additional compensation. Both
expenses and compensation shall be subject to the approval of
the salary board or the county commissioners, as the case may
be.
(3) Assist the county commissioners in transmitting records
of burial places of deceased service persons to the Department
of Military Affairs of the Commonwealth, for the use of the
Deputy Adjutant General in charge of Veteran Affairs, and
otherwise assist the commissioners in cooperating with the
said Deputy.
Compiler's Note: Section 9(c) of Act 173 of 1978 provided
that section 2123 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(c) (relating to
equality of rights based on sex).
(d) County Histories
Section 2128. County History.--The county commissioners of
the county, either independently or in connection with any
other municipality or municipalities within their county or
any society or organization, may appropriate money for the
compilation of a county war history or any general history or
historical account related to the history records and
government of the county, and for the publication and
distribution of the same.
Section 2129. Payment to Historical Societies.--The board
of commissioners may pay, out of the county funds not
otherwise appropriated, a sum of money not exceeding four
thousand dollars ($4000) annually to the county historical
society, to assist in paying the running expenses thereof. If
there is more than one such society in the county, such
payment may be made only to the oldest society. Where any such
society is comprised of residents of more than one county, the
commissioners of said respective counties may jointly pay said
sum in such proportion as they shall agree.
No such appropriation shall be renewed until vouchers have
been filed with the commissioners showing that the
appropriation for any prior year has been expended for the
purpose herein designated.
(2129 amended May 29, 1968, P.L.133, No.71)
Section 2130. Qualification of Society.--In order to entitle
any historical society to the said appropriation, the
following conditions shall have been first complied with. It
shall have been organized at least two years, incorporated by
the proper authority, and have an active membership of one
hundred or more persons, each of whom shall have paid into the
treasury of said society a membership fee of at least two
dollars ($2) for the support of the same. It shall hold at
least two public meetings yearly, whereat papers shall be read
or discussions held on historic subjects. It shall have
established a museum wherein shall be deposited curios and
other objects of interest, books, documents and papers
relating to the history of the county or Commonwealth. It
shall have adopted a constitution and code of by-laws and
elected proper officers to conduct its business.
(e) Animal and Plant Husbandry
Section 2135. Appropriations to Societies for Prevention of
Cruelty to Animals.--The board of commissioners may
appropriate moneys toward the maintenance of any organization
or society, incorporated under the laws of this Commonwealth,
for the prevention of cruelty to animals and which, for a
period of at least two years prior to the making of such
appropriation, shall have been engaged in carrying out the
purposes of its incorporation, in whole or in part, within
said county.
Section 2136. Cooperative Extension Work in Agriculture and
Home Economics.--The board of commissioners may make
appropriations annually for agricultural and home economics
extension work, in cooperation with the Pennsylvania State
University, to encourage economic and social development in
the county. An educational program will be conducted to
include the body of scientific knowledge in agriculture,
family living, and resource development and to encourage
application of the same. The money so appropriated shall be
expended according to rules and regulations prescribed or
approved by the board of commissioners. The board of
commissioners may also, where practicable and desirable,
provide offices in the county court house for headquarters for
such cooperative work.
(2136 amended Aug. 11, 1967, P.L.207, No.71)
Section 2137. Agricultural or Horticultural Societies.--The
county commissioners are hereby authorized to make
appropriations annually out of the current revenues of the
county to any incorporated agricultural or horticultural
society or association located within the county. The total
amount of any such appropriation in any one county shall not
exceed fifteen hundred dollars ($1500) in any one year. Where
more than one such society or association is located in the
county, the amount appropriated may be distributed and divided
among said societies and associations in such proportions and
such amount as the board of commissioners, in its discretion,
may determine.
Section 2138. Suppression of Animal and Plant Diseases.-The board of commissioners is hereby authorized to make
appropriations from county funds for the purpose of
controlling and suppressing dangerous infectious disease of
livestock and poultry and dangerous plant diseases and insect
pests and diseases to honeybees, in cooperation with the
Department of Agriculture of Pennsylvania.
For the purpose of carrying out the provisions of the
section, the board of county commissioners may enter into
agreements with the Pennsylvania Department of Agriculture
concerning terms, rules, regulations and practices for
conducting the work.
(f) Communications
Section 2143. Appropriations for Radio Broadcasting
Station.--The board of commissioners of the county may
appropriate annually a sum not in excess of five hundred
dollars ($500) for the purpose of assisting any naval reserve
unit or amateur radio league in maintaining, equipping and
operating a short wave radio broadcasting station, which shall
be available at all times for public use in the event of
emergency or disaster.
(g) Prevention and Control of Floods
Section 2147. Prevention and Control of Floods.--(a) The
board of commissioners may borrow, appropriate and expend
money, and may acquire by purchase or dedication real
property, or any interest therein, for the purpose of
cleansing, regulating, improving and controlling rivers,
streams and other bodies of water and storm water drainage
systems lying within the boundaries of the county, either in
whole or in part, for the prevention and control of floods.
They may make contracts and expenditures for the cleansing,
maintaining, regulation, improvement and control of such
waters and drainage systems and for the prevention and control
of floods by storage or retaining reservoirs, or otherwise, in
parts of such waters beyond the limits of the county or of the
Commonwealth, when, in their judgment, such expenditures may
be necessary and for the benefit of the county. ((a) amended
Mar. 28, 1956, 1955 P.L.1353, No.427)
(b) The commissioners may also make appropriations and
expenditures for the purpose of investigating and examining or
for assisting in the investigation and examination of the
condition of such waters, within or without the bounds of the
county or of the Commonwealth, for the purpose of facilitating
the ends aforesaid.
(c) The commissioners may enter into such arrangements and
agreements with the Secretary of Defense or other public
authorities empowered to act in the premises under any law of
the United States or of this or any other State, as may be
necessary and proper for such purposes, with a view to
harmonious and efficient action and proportionate contribution
as nearly as may be arrived at or be practicable.
(d) In exercising the powers herein conferred, the county
commissioners may, in their discretion, subject to the
limitation of the Constitution, issue interest bearing bonds
of the county in accordance with the provisions of the
Municipal Borrowing Law.
(h) Aid to Fire Fighting Departments and Companies
Section 2152. Fire Training Schools.--The county
commissioners may appropriate annually funds to lawfully
organized or incorporated county or regional firemen's
associations to 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.
Whenever a firemen's association is comprised of two or
more counties or contemplates operation of a regional school
in two or more counties, the county commissioners of each
county may appropriate funds to the association.
(2152 amended July 9, 1970, P.L.460, No.159)
(i) Utilities
Section 2155. Drilling Gas Wells and Laying Gas Lines.-(a) The board of commissioners may contract for the drilling of
gas wells upon any lands owned by the county for the purpose
of furnishing gas for light and fuel to the county buildings
and for other purposes. For that purpose, they may also
contract for the laying of gas lines equipped with such modern
appliances and machinery as may be necessary.
(b) All such contracts, including contracts for the building
of rigs or derricks and the purchase of machinery, shall be
made by the county commissioners in the manner provided for in
article twenty of this act.
Section 2156. Contracts for Relocation, Change or Elevation
of Railroads.--Subject to the provisions of the Public Utility
Law, the board of commissioners may enter into contracts with
any railroad companies whereby the said railroad companies may
re-locate, change or elevate their railroads within the county
in such manner as, in the judgment of the board, may be best
adapted to secure the safety of lives and property and promote
the interest of the county. For such purpose, the board shall
have power to do all acts that may be necessary and proper to
effectually carry out such contracts.
Section 2157. County May Assist Municipalities.--Upon the
request of any political subdivision or subdivisions within
the county, the county may assist such political subdivision
in any negotiations or contest with any public utility
company, and for such purpose may employ or place at the
disposal of such political subdivision the legal, engineering,
accounting or clerical service of the county. The county
commissioners of the county may also enter their appearance as
interveners or otherwise in any proceedings before the Public
Utility Commission or before any court in any proceeding
involving any controversy between any political subdivisions
in the county and a public utility company.
(j) Law Libraries
Section 2162. Appropriations for Law Libraries.--(2162
repealed Apr. 28, 1978, P.L.202, No.53)
(k) Rewards
Section 2171. Rewards for Detection or Apprehension of
Criminals.--The board of commissioners, when they deem the
same expedient, may offer such reward, in addition to that
authorized by law, as in their judgment the nature of the case
requires, for the detection or apprehension of any person
charged with or perpetrating any felony or misdemeanor, or
aiding or abetting the same. Upon the conviction of such
person, the county commissioners may pay such reward out of
the county treasury, but in no case shall the owner of any
stolen property be entitled to any of the reward for the
detection or apprehension of the person guilty of the larceny.
In cases of misdemeanor, the county commissioners must have
the approval of the president judge of the court of common
pleas of the county before offering or paying such reward.
(l) Garbage and Refuse Disposal
Section 2175. Garbage and Refuse Disposal in County Plants.-The county commissioners of the county shall have the power
to operate garbage and refuse disposal plants or facilities,
sanitary land fills and incinerating furnaces, and to enter
into agreements or contracts with any person, corporation or
political subdivision for the disposal of garbage and refuse
in such facilities and sanitary land fills erected and
maintained by the county, as provided in article twenty-five
of this act, and to charge and receive fees for such service.
Section 2176. Garbage Disposal.--For the purpose and within
the meaning of this act, the following definitions shall
obtain:
"Adequate provision for drainage" means closed or covered
drains leading from floors, depositories of garbage, refuse or
waste into a cesspool or cesspools, sewer and treatment works.
"Adequate water supply" means a head and source of water of
sufficient force, pressure and volume, when directly applied,
to completely flush out and clean all floors, drains,
receptacles, depositories, equipment and implements used in
the conduct of a garbage disposal plant, as often as may be
necessary to keep the same clean and sanitary at all times.
"Cesspool" means a hole dug below the surface of the ground
adequate to dispose of all liquids emanating from a garbage
disposal plant, with a device for absolutely sealing such
cesspool at the top.
"Garbage" means the animal or vegetable refuse from the
storage, vending, transportation, sale, preparation or use of
foodstuffs, such as meats, fish, fowl, fruits or vegetables,
or any other organic substance or substances subject to
fermentation or decay.
"Garbage disposal plant" means any place where garbage is
dumped, spread, mixed, stored, incinerated, reduced, treated,
buried, or otherwise disposed of.
"Impervious material" means any material which shall make
and maintain the floors, depositories of garbage and waste at
all times absolutely water-tight and easily cleaned.
"Municipality" means any county, city, borough or township.
"Person" includes masculine and feminine, and any firm,
copartnership, institution, association or corporation,
excepting municipal and quasi-municipal corporations, and any
agent, servant, assistant, employe, or representative thereof.
"Waters of the Commonwealth" means all streams and springs
and all bodies of surface and of ground water, whether natural
or artificial, seasonal or constant, within the boundaries of
the Commonwealth.
Section 2177. License for Disposal Plant.--It shall be
unlawful for any municipality or person to keep, maintain or
conduct a garbage disposal plant without a plant license from
the county commissioners as in this act provided. It shall
also be unlawful for any municipality or person to construct a
garbage disposal plant within the county until the plans and
specifications therefor have been submitted to and approved by
the county commissioners and a plant license has been issued
by the county commissioners authorizing such municipality or
persons to keep, maintain or conduct such garbage disposal
plant upon its construction: Provided, however, That the
provisions of this section shall not apply to a garbage
disposal plant constructed by or for the use of a municipality
within its boundaries.
Section 2178. Application for License.--Every municipality
or person desiring to construct, keep, maintain or conduct a
garbage disposal plant within the county shall file an
application for such plant license with the county
commissioners: Provided, however, That none of the provisions
of this section shall apply to a garbage disposal plant now or
hereafter constructed by or for the use of a municipality
within its boundaries. The application shall be on a form
prescribed, prepared and furnished by the county commissioners
and, together with such other information as the county
commissioners shall require, shall state:
(a) The name and address of the applicant;
(b) The name and address of the owner or owners of the
property upon which applicant desires to construct, keep,
maintain or conduct such garbage disposal plant;
(c) The location and locality of the property;
(d) The method to be employed in disposing of garbage;
(e) The approximate amount of garbage to be disposed of
daily;
(f) The municipalities with whom the applicant has a
contract for the disposal of garbage and the duration thereof.
If the application is for the construction of a garbage
disposal plant, the applicant shall submit with such
application the plans and specifications pertaining to such
construction.
Section 2179. Issuance of License; Fee; Refusal or
Revocation.--Upon receipt of an application for a plant
license, the county commissioners shall cause such
investigation as it shall deem necessary to be made of the
location and premises where the garbage disposal plant is
desired to be constructed, kept, maintained or conducted, and
shall make a study of the plans and specifications pertaining
to the proposed construction of any garbage disposal plant.
The county commissioners shall, when satisfied that the place
to be used as a garbage disposal plant is a suitable place for
such purpose and is properly equipped therefor and when all
the requirements of this act and the rules and regulations of
the county commissioners shall be complied with, issue a plant
license to the applicant, upon the payment of a license fee of
one hundred dollars ($100), except when the applicant is a
municipality, which shall be paid into the county treasury. A
plant license issued to a municipality shall be without the
payment of a fee.
All plant licenses issued by the county commissioners under
this act shall expire on the first day of June next following
the day on which issued, unless sooner revoked or suspended,
shall be on a form prescribed by the county commissioners,
shall not be transferable, shall be issued only for the
premises named in the application, shall be posted in a
conspicuous place on the applicant's premises, and may be
renewed from year to year upon application and payment of
license fee as in the procurement of an original license.
Applications for renewal of plant licenses shall be mailed to
license holders by the county commissioners at least thirty
days before the expiration date of such licenses.
The county commissioners may refuse to grant a plant
license or may suspend or revoke a license if the applicant or
licensee does not meet or conform to the requirements of this
act and the rules and regulations of the county commissioners
authorized by this act. Before the county commissioners shall
refuse to grant such a license or shall suspend or revoke a
license, they shall afford the applicant or licensee an
opportunity to be heard, and shall give at least five days'
written notice of the hearing to the applicant or licensee by
registered letter sent to the address set forth in the
application.
Section 2180. Transportation License for Vehicles.--It shall
be unlawful for any person to transport or cause to be
transported any garbage over any public highway in the county
in any vehicle unless such person has applied to and received
from the county commissioners of the county, as in this act
provided, a transportation license in respect of such vehicle.
Such license shall be in the possession of the driver of such
vehicle at all times when garbage is being transported therein
and until such vehicle has been thoroughly flushed out and
cleaned after transporting garbage, and shall be exhibited to
any county or municipal police officer, county road caretaker,
constable, deputy constable, or other peace officer, or
officer invested with the powers of a peace officer, upon his
request.
Section 2181. Application for Transportation License.--Every
person desiring to transport garbage in any vehicle within the
county shall file an application for a transportation license
in respect of such vehicle with the county commissioners of
the county, upon a form prescribed, prepared and supplied by
the county commissioners, which, together with such other
information as the county commissioners shall require, shall
contain:
(a) The name and address of the applicant;
(b) The name and address of the owner of the vehicle, if the
same be owned by some person other than the applicant;
(c) A description of the vehicle sufficient to identify it
and to show in detail its style of construction;
(d) The locality from which the garbage is proposed to be
collected;
(e) The persons and municipal and quasi-municipal
corporations with whom and which the applicant has contracts
for the collection of garbage;
(f) The place where and the method by which the applicant
proposes to dispose of the garbage hauled and the persons with
whom the applicant has contracts for the disposal of garbage.
Section 2182. Inspection by County Commissioners; Refusal or
Revocation of Transportation License.--Upon receipt of an
application for a transportation license in respect of any
vehicle, the county commissioners shall cause to be made such
inspection thereof as they shall consider necessary, and if
satisfied that the vehicle is properly equipped and suitable
for the purpose and that the rules and regulations of the
county commissioners have been and will be complied with,
shall issue a transportation license in respect of such
vehicle, upon the payment of a license fee as follows:
(a) If the applicant for the transportation license is the
licensee under a plant license for a garbage disposal plant
situated within the county where the application for the
transportation license is made, the transportation license fee
shall be one dollar ($1).
(b) If the applicant for the transportation license is not
the licensee under any plant license from the county, but the
garbage which the applicant proposes to transport originates
upon the applicant's own premises as an incident only of the
prosecution of another business in which the applicant is
principally engaged, the transportation license fee shall be
five dollars ($5).
(c) If the applicant for a transportation license is a
municipality, the transportation license shall be issued
without the payment of a fee. No license, however, shall be
required for a municipality to transport garbage solely within
its own boundaries.
(d) In all other cases, the transportation license fee shall
be ten dollars ($10).
All transportation licenses issued by the county
commissioners under this act shall expire on the first day of
June next following the date on which issued, unless sooner
revoked or suspended, shall be in a form prescribed by the
county commissioners, shall not be transferable from one
person to another, shall not be transferable from one vehicle
to another, except by action of the board of county
commissioners, which action shall be evidenced by the issuance
of a new license certificate properly describing the vehicle
to which the license is transferred, after surrender of the
old license certificate, and may be renewed from year to year
upon application and payment of the license fee as in the
procurement of an original license. Applications for renewal
of transportation licenses shall be mailed to license holders
by the county commissioners at least thirty days before the
expiration date of such licenses.
The county commissioners may refuse to grant a
transportation license or may suspend or revoke such a license
if the applicant or licensee does not meet, observe or conform
to the requirements of this act and the rules and regulations
of the county commissioners authorized by this act. Before the
county commissioners shall refuse to grant such a license or
shall suspend or revoke a license, they shall afford the
applicant or licensee an opportunity to be heard, and shall
give at least five days' written notice of the hearing to the
applicant or licensee by registered letter addressed to the
applicant or licensee at the address set forth in the
application.
Section 2183. Municipalities Not to Contract with Unlicensed
Persons.--No municipality in the county shall enter into a
contract for the collection, transportation or disposal of its
garbage with any person or municipality who or which has not
secured proper licenses from the county commissioners under
the provisions herein. The provisions of this section shall
not apply where the collection, transportation or disposal of
garbage is carried on wholly within the boundaries of a
municipality so contracting.
Section 2184. Unlawful Disposal; Dumping Grounds.--No
municipality or person who transports garbage or who keeps,
maintains or conducts a garbage disposal plant in the county
shall throw, spread or deposit any garbage, offal, pomace,
dead animals, decaying matter or organic waste substance of
any kind in any ravine, ditch or gutter, on any street or
highway, into any waters of the Commonwealth, or permit the
same to remain exposed upon the surface of the ground.
No person or municipality shall use or permit his or its
property or property occupied by him in the county to be used
as a dumping ground or place of disposal for garbage or waste
from any garbage disposal plant.
Nothing contained in this section, however, shall be
construed so as to interfere with bona fide use of recognized
fertilizers for legitimate agricultural purposes.
Section 2185. Suppression of Noxious Odors.--No person or
municipality who keeps, maintains or conducts a garbage
disposal plant in the county shall allow any noxious
exhalations, odors or gases that are or may be deleterious or
detrimental to public health or are vile or offensive to
escape into the air, or any substance that is deleterious or
detrimental to public health to accumulate upon the premises
or be thrown or allowed to discharge into any street, roadway
or public place, or be thrown or allowed to discharge into any
stream or other waters of the Commonwealth.
Section 2186. Water Supply; Drainage; Floor Construction.-All garbage disposal plants in the county shall have an
adequate water supply for the purpose of keeping the place
clean and sanitary at all times. All floors shall be
constructed of concrete or other impervious material, and
shall have adequate provision for drainage to a cesspool, to a
sewer or treatment works approved by the commissioners.
Section 2187. Examination and Inspection of Plants.--The
county commissioners shall have the power to visit, examine
and inspect all garbage disposal plants and all vehicles
licensed under the provisions herein and all places where such
vehicles are kept, stored or garaged. The county commissioners
shall have free and full access to the grounds, premises and
buildings of any garbage disposal plant licensed under the
provisions herein and any such vehicles' storage place, and
all licensees or their employes are hereby directed to give to
the commissioners such means, facilities and opportunity for
such visitation, examination and inspection as is hereby
provided and required.
Section 2188. Existing Ordinances Saved from Repeal.--The
provisions herein and the regulations made hereunder shall not
be taken or deemed to repeal existing municipal ordinances, or
to prevent municipalities from enacting and enforcing new
ordinances for the further protection of the public health:
Provided, That the provisions herein shall be considered as
establishing minimum requirements and regulations, and that
nothing herein contained shall be deemed to prevent
municipalities from ordaining and enforcing such additional
requirements, in excess of the requirements and regulations
hereunder, as may be deemed necessary from time to time for
the preservation of public health, and to require applications
from, and to issue licenses to, such persons as may be defined
by local ordinances.
Section 2189. Rules and Regulations.--The county
commissioners are hereby authorized to adopt and promulgate
rules and regulations which, in its judgement, are necessary
for the proper administration and enforcement of this act.
Section 2190. Plant as Nuisance.--Any garbage disposal plant
in the county, kept, maintained or conducted in violation of
the provisions herein, is hereby declared to be a public or
common nuisance.
Section 2191. Penalties.--Any person violating the
provisions of this act shall, upon summary conviction before a
mayor, burgess, magistrate, alderman or justice of the peace,
be sentenced to pay a fine of not more than one hundred
dollars ($100) and costs of prosecution for each offense, and
upon the nonpayment thereof shall undergo imprisonment in the
county jail for a term of not more than thirty (30) days:
Provided, That any person so convicted shall have the right of
appeal as in other cases of summary conviction: Provided also,
That the Commonwealth shall have the right of appeal to the
appropriate appellate court in all prosecutions arising out of
the violation of the provisions contained herein. The fines
collected hereunder, except as otherwise provided by the
Constitution, shall be paid into the treasury of the county.
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 2192. Action to Abate Nuisance or Enjoin Unlicensed
Plants.--At the instance of the county commissioners, an
action to enjoin any nuisance defined in section 2190, or to
enjoin any person or municipality from constructing, keeping,
maintaining or conducting a garbage disposal plant without a
license, as provided for herein, may be brought in the name of
the county by the district attorney of the county where such
nuisance exists, or where such person or municipality proposes
to, or has constructed or proposes to, or is keeping,
maintaining or conducting a garbage disposal plant without a
license. Such action shall be brought and tried as an action
in equity, and may be brought in the court of common pleas of
the county where such nuisance exists, or where such person or
municipality proposes to, or has constructed or proposes to,
or is keeping, maintaining or conducting such garbage disposal
plant without a license. If it is made to appear by affidavit
or otherwise to the satisfaction of the court that such a
nuisance exists, or that such person or municipality proposes
to, or had constructed or proposes to, or is keeping,
maintaining or conducting a garbage disposal plant without a
license, a temporary writ of injunction shall forthwith issue
restraining the defendant from conducting or permitting the
continuance of such nuisance, or from constructing or keeping,
maintaining or conducting such garbage disposal plant, until
the conclusion of the proceedings. No bond shall be required
in instituting such proceedings. If, after hearing, the court
shall find such nuisance to exist, or that such person or
municipality proposes to, or has constructed or proposes to,
or is keeping, maintaining or conducting a garbage disposal
plant without a license, it shall forthwith enter a final
decree ordering such nuisance to be abated, or enjoining such
person or municipality from constructing, or from keeping,
maintaining or conducting such garbage disposal plant without
a license. This section, insofar as it applies to the practice
and procedure in actions in equity, is suspended insofar as it
relates to venue by the Rules of Civil Procedure governing the
Action in Equity.
Section 2193. Garbage Disposal Plants and Garbage and
Incinerating Furnaces; Acquisition of Property.--The county
may acquire by gift, lease, purchase or eminent domain real
property within the county for the purpose of erecting thereon
garbage disposal plants or facilities and sanitary land fills,
and shall have power to erect, operate and maintain suitable
buildings for garbage and incinerating furnaces. In every case
of taking private property by eminent domain, the county shall
acquire the entire title, either in fee or otherwise, held by
the owner or owners of the property or of any interest
therein.
(m) Smoke Control
Section 2195. Power to Regulate.--The commissioners of the
county shall have the power, by resolution or ordinance, to
regulate all forms of air contaminants including but not
limited to the discharging from stacks, chimneys, openings,
buildings, structures, open fires, vehicles, processes, or any
other source of any smoke, soot, fly ash, dust, cinders, dirt,
noxious or obnoxious acids, fumes, oxides, gases, vapors,
odors, toxic or radioactive substances, waste, or any other
matter in such place, manner, or concentration inimical to the
health, safety, or welfare of the public, business, or
property within the county. Said regulations may include
provisions for the payment of fees for examination of plans
and issuing of permits, for inspection of fuel-burning
devices, and issuing certificates of compliance with such
regulations, and providing for fines and penalties, as
hereinafter set forth, for the violation of any such
regulation. The board of commissioners shall have discretion
to determine the effective date of any resolution or ordinance
promulgated by them, and in making such determination shall
take into consideration the availability of fuel-burning
devices suitable for burning high volatile bituminous coal
smokelessly.
(2195 amended Oct. 11, 1967, P.L.436, No.199)
Section 2196. Enforcement; Inspectors and Employes;
Equipment; Property and Supplies.--The board of commissioners
of the county may borrow, appropriate and expend money for the
purpose of effectuating the foregoing power, and may appoint
inspectors and other persons for the enforcement of any such
regulation, and may authorize the employment of clerks,
stenographers and different assistants and fix their
compensation, and authorize the acquisition of equipment,
property and supplies incidental to the carrying into effect
of such regulations.
Section 2197. Violation of Regulations.--(a) Summary
Offense. Any person who shall violate any regulation so
resolved upon or ordained shall, for each offense, upon
conviction thereof in a summary proceeding before a
magistrate, alderman or justice of the peace, be sentenced to
pay the costs of prosecution and a fine of not less than
thirty dollars ($30) nor more than three hundred dollars
($300), and, in default thereof, to undergo imprisonment of
not less than ten (10) days nor more than thirty (30) days.
(b) Misdemeanors. Any person who shall violate any
regulation so resolved upon or ordained, convicted of a second
or subsequent offense, shall be guilty of a misdemeanor and
shall, upon conviction thereof, be sentenced to pay a fine of
not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000), or to undergo imprisonment not
exceeding one (1) year, or both, in the discretion of the
court.
(c) Separate Offenses. For the purpose of this section,
violations on separate days shall be considered separate
offenses.
(2197 amended Mar. 4, 1970, P.L.120, No.47)
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
(n) Surplus Foods and Food Stamp Program
(Hdg. amended Dec. 1, 1965, P.L.978, No.359)
Section 2198. Appropriations for Handling, Storage and
Distribution of Surplus Foods.--The board of commissioners may
appropriate from county funds, or from county institution
district funds, moneys for the handling, storage and
distribution of surplus foods obtained either through a local,
State or Federal agency.
(2198 added July 8, 1957, P.L.554, No.306)
Section 2198.1. Food Stamp Program.--The board of
commissioners of any county of the second class may by
resolution adopt the food stamp program. Upon adoption of the
program the county shall appropriate money and shall pay,
quarterly from county funds, the amounts certified to the
county as being the obligations to the Department of Public
Welfare for thirty percent of the amount expended by the
department for administration of the food stamp program for
the county during the fiscal year 1965-1966, for forty percent
of the amount expended during the fiscal year 1966-1967 and
for fifty percent of the amount expended during the fiscal
year 1967-1968 and thereafter.
(2198.1 added Dec. 1, 1965, P.L.978, No.359)
Compiler's Note: The Department of Public Welfare, referred
to in this section, was redesignated as the Department
of Human Services by Act 132 of 2014.
(o) Museums of Fine Art or Natural History
(Hdg. added Apr. 29, 1959, P.L.279, No.35)
Section 2199. Contributions to Museums of Fine Art or
Natural History.--The Board of Commissioners may appropriate
from county funds moneys for the purpose of contributing
toward the cost of operating, maintaining or carrying out or
furthering the purposes of institutes or museums of fine art
or natural history, or both, located within the county on
public property, established by private grant or bequest, open
to the public and not used for private or corporate profit.
(2199 added Apr. 29, 1959, P.L.279, No.35)
(p) Public Defender
(Hdg. repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.1. Establishment of Office.--(2199.1 repealed
Dec. 2, 1968, P.L.1144, No.358)
(p.1) Legal Aid Services
(Hdg. added Apr. 18, 1973, P.L.20, No.8)
Section 2199.1A. Appropriations for Legal Aid Services.-The board of commissioners of a county of the second class A
may appropriate moneys for payment to nonprofit legal aid
associations or societies, or county bar associations, who
provide legal aid services for indigent persons in civil
matters.
(2199.1A added Apr. 19, 1973, P.L.20, No.8)
Section 2199.2. Appointment.--(2199.2 repealed Dec. 2,
1968, P.L.1144, No.358)
Section 2199.3. Personnel of Office; Compensation.--(2199.3
repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.4. Facilities or Allowance Therefor.--(2199.4
repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.5. Duties.--(2199.5 repealed Dec. 2, 1968,
P.L.1144, No.358)
Section 2199.6. Relationship to Indigent Persons.--(2199.6
repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.7. Appointment of Other Attorneys by Court.-(2199.7 repealed Dec. 2, 1968, P.L.1144, No.358)
Section 2199.8. Inapplicability of Another Law.--(2199.8
repealed Dec. 2, 1968, P.L.1144, No.358)
(q) Parking Facilities
(Hdg. added Oct. 20, 1967, P.L.472, No.224)
Section 2199.9. Parking Facilities.--The board of
commissioners of any county may appropriate moneys from the
county treasury for the purpose of purchasing, constructing,
maintaining and operating as a county facility a motor vehicle
parking facility, or may create a municipal authority and
appropriate moneys to such authority for such purpose, and the
county commissioners, or the municipal authority created for
such purpose, may lease to any city, borough or township
wherein the parking facility is or shall be constructed, or to
a parking authority created by the city, borough or township,
the land to be used for a parking facility, or a parking
facility, for the use, benefit, health, safety and general
welfare of the citizens of the Commonwealth.
(2199.9 added Oct. 20, 1967, P.L.472, No.224)
(r) Traffic Control Devices
(Hdg. added Oct. 11, 1967, P.L.435, No.198)
Section 2199.10. Funds for Traffic Control Devices.--The
board of commissioners may contribute funds to any city,
borough or township within the county for the erection and
maintenance of stop and go signal lights, blinkers or other
like traffic control devices.
(2199.10 added Oct. 11, 1967, P.L.435, No.198)
(s) Reservoirs and Water Resources
(Hdg. added July 20, 1968, P.L.430, No.202)
Section 2199.11. Expenditures for Dams, Reservoirs and Other
Water Resources.--(a) The board of commissioners of any county
of the second class A may borrow, appropriate and expend money
for the construction, acquisition, operation and maintenance
of dams, reservoirs and other facilities for the utilization
of surface and ground water resources and all related
structures, appurtenances and equipment necessary for the use
of said dams and reservoirs and may acquire by purchase, gift,
or the exercise of power of eminent domain, sites for the
same: Provided, That the said board of commissioners shall
obtain a permit from the Water and Power Resources Board
whenever such permit is required by law: And provided further,
That the said board of commissioners shall not acquire by the
exercise of power of eminent domain the property of a public
utility subject to the jurisdiction of the Pennsylvania Public
Utility Commission or Federal Power Commission.
(b) The board of commissioners of any county of the second
class A may enter into agreements for the regulation of
withdrawals and diversions of waters from said dams and
reservoirs and the sale of the same, subject to approval of
State, Federal or interstate agencies which may have primary
jurisdiction over water resources. Dams and reservoirs
acquired or constructed by the commissioners may be for the
sole purpose of water supply or in conjunction with any other
purposes, except the generation of electric energy.
(c) The board of commissioners of any county of the second
class A may enter into contracts or long-range cooperative
programs with State, Federal, interstate and local government
agencies or public utilities for the development and use of
the counties' water resources.
(2199.11 added July 20, 1968, P.L.430, No.202)
(t) Appropriations for Recreation
(Hdg. added July 20, 1968, P.L.430, No.202)
Section 2199.12. Appropriations to Municipalities for
Parks, Recreation Areas, etc.--The board of commissioners of
any county of the second class A may appropriate from county
funds moneys for grants to assist boroughs or townships within
the county as well as nonprofit organizations in the purchase,
acquisition, improvement, equipping or landscaping, including
the planting of shrubs and shade trees, of lands, buildings
and facilities, and in the case of buildings and facilities,
demolition of such, for parks, recreation areas, open space
projects and other such outdoor projects and for historic or
museum projects. For the purposes of this section, the term
"nonprofit organizations" shall mean entities which are tax
exempt under section 501(a) of the Internal Revenue Code of
1986 (Public Law 99-514, 26 U.S.C. § 501(a)), as amended (or
any successor provision thereto); not operated for profit; and
organized to:
(1) preserve or conserve open space, natural resources or
natural habitats;
(2) promote outdoor recreation and the acquisition and
development of facilities related thereto; or
(3) preserve sites of historical significance.
(2199.12 amended Jan. 27, 1998, P.L.1, No.1)
(u) Industrial Development and Tourist Promotion Agencies
(Hdg. added July 20, 1968, P.L.432, No.203)
Section 2199.13. Appropriations to Industrial Development
Agencies.--The board of commissioners of any county of the
second class A may appropriate annually such amounts as may be
deemed necessary to any "industrial development agency," as
defined in the act of May 31, 1956 (P.L.1911), known as the
"Industrial Development Assistance Law," to assist such
agencies in the financing of their operational costs for the
purposes of making studies, surveys, and investigations, the
compilation of data and statistics and in carrying out of
planning and promotional programs.
(2199.13 added July 20, 1968, P.L.432, No.203)
Section 2199.14. Appropriations to Tourist Promotion
Agencies.--(a) (1) The board of commissioners of any county of
the second class shall appropriate annually a portion of
the funds derived from the excise tax on hotel room rentals
to the recognized tourist promotion agency operating within
the county. Such funds shall represent two-fifths (2/5) of
the revenues received by the county from the excise tax
levied on hotel room rentals as authorized by section
1970.2.
(2) Moneys received by the tourist promotion agency
shall be limited to promotional programs designed to
stimulate and increase the volume of conventions and
visitors within the county.
(3) An audited report on the income and expenditures
incurred by the tourist promotion agency receiving funds
from the excise tax on hotel room rentals shall be made
annually to the board of county commissioners.
(4) The county controller of a county of the second
class may conduct audits of the funds used by a recognized
tourist promotion agency received from the excise tax
levied on hotel room rentals. ((a) amended Dec. 17, 1990,
P.L.728, No.182)
(b) The board of commissioners of any county of the second
class A may appropriate annually such amounts of money but not
in excess of ten cents (10¢) for each resident of the county,
as determined by the last census, which may be deemed
necessary to any "tourist promotion agency," as defined in the
act of April 28, 1961 (P.L.111), known as the "Tourist
Promotion Law," to assist such agencies in carrying out
tourist promotion activities.
(2199.14 amended Dec. 10, 1982, P.L.1079, No.252)
Compiler's Note: The act of April 28, 1961 (P.L.111, No.5),
known as the "Tourist Promotion Law," referred to in
this section, was repealed by the act of July 4, 2008
(P.L.621, No.50), known as the Tourist Promotion Act.
Section 2199.15. Creation of Tourist Promotion Agencies
with Other Counties.--The board of commissioners of any county
of the second class A may create or may join with other
counties in the creation of a tourist promotion agency for the
purpose of making studies, surveys and investigations and for
planning and carrying out promotional programs and projects
designed to stimulate and increase the volume of tourist,
visitor and vacation business within such county or counties
and may appropriate funds for such purpose.
(2199.15 added July 20, 1968, P.L.432, No.203)
(v) Health and Welfare Programs with the Federal Government
(Hdg. added July 20, 1968, P.L.432, No.203)
Section 2199.16. Agreements with the Federal Government for
Health and Welfare Programs.--Any county of the second class A
may, through the commissioners, enter into agreements with the
Federal Government for any program not in conflict with an
existing or hereafter established State program offered by the
Federal Government for the promotion of the health or welfare
of its citizens and in furtherance of said programs may comply
with conditions, rules or regulations attached by the Federal
Government.
Each such county may accept gifts or grants of money,
property or services from any source, public or private, and
may appropriate such funds as may be necessary to carry out
said programs.
(2199.16 added July 20, 1968, P.L.432, No.203)
(w) Non-debt Revenue Bonds for Industrial Development Projects
(Hdg. added Feb. 10, 1970, P.L.6, No.6)
Section 2199.17. Issuance of Non-debt Revenue Bonds for
Industrial Development Projects.--The board of commissioners
of any county is empowered to issue non-debt revenue bonds of
the county pursuant to provisions of the act of June 25, 1941
(P.L.159), known as the "Municipal Borrowing Law," and its
amendments, to provide sufficient moneys for and toward the
acquisition, construction, reconstruction, extension,
equipping or improvement of an industrial development project
or projects, consisting of any building or facility or
combination or part thereof occupied or utilized by an
industrial, manufacturing, or research and development
enterprise now existing or hereafter acquired, including any
or all buildings, improvements, additions, extensions,
replacements, appurtenances, lands, rights in land, water
rights, franchises, machinery, equipment, furnishings,
landscaping, utilities, railroad spurs and sidings, wharfs,
approaches and roadways necessary or desirable in connection
therewith or incidental thereto, said bonds to be secured
solely by the pledge of the whole or part of the fees, rents,
tolls or charges derived from the ownership or operation of
such facilities or for the use or services of the same.
Said industrial development project or projects financed by
the issuance of non-debt revenue bonds as in this section
provided may be leased by the county in whole or in part to a
lessee or lessees for a period of years equal in time to the
period of maturity of the bonds so issued.
Included in the cost of the issue may be any costs and
expenses incident to constructing and financing the facilities
and selling and distributing the bonds.
The board of commissioners is further empowered to sell,
lease, lend, grant, convey, transfer or pay over to any
authority created pursuant to the act of August 23, 1967
(P.L.251), known as the "Industrial Development Authority
Law," with or without consideration, any project or any part
or parts thereof, or any interest in real or personal property
or any funds available for industrial development purposes,
including the proceeds of non-debt revenue bonds hereafter
issued pursuant hereto, for industrial development purposes,
and to assign, transfer and set over to any such authority any
contracts which may have been awarded for the construction of
projects not begun or, if begun, not completed.
The board of commissioners is further empowered to enter
into any and all contracts or agreements with any such
authority and/or with any tenant or proposed tenant of any
industrial development project and to do any or all things
necessary or proper to effectuate the public purpose of this
section.
(2199.17 added Feb. 10, 1970, P.L.6, No.6)
(x) Insurance Liability for Errors and Omissions
(Hdg. repealed Nov. 26, 1978, P.L.1399, No.330)
Section 2199.18. Insurance to Cover Errors, Etc.--(2199.18
repealed Nov. 26, 1978, P.L.1399, No.330)
Article XXI-A
Production of Electricity
(Art. added Dec. 7, 1982, P.L.778, No.224)
Section 2101-A. Manufacture and Sale of Electric Power.-Any county of the second class may develop, transmit, utilize
or distribute, to facilities owned by the county or by a
municipal authority created by the county, electric power by
means of a hydroelectric generating facility owned, operated
and developed as a qualifying cogeneration, low-head
hydroelectric generation or a small power production facility
pursuant to and in accordance with the Public Utility
Regulatory Policies Act of 1978 (Public Law 95-617, 16 U.S.C.
§§ 796 and 824a-3). Any county of the second class owning or
operating a hydroelectric generating facility may make
contracts for the sale of electric power to persons engaged in
the business of the manufacture or sale of electricity.
(2101-A amended Feb. 14, 1986, P.L.11, No.5)
Section 2102-A. Use and Rate Regulation.--Any county of the
second class furnishing electricity pursuant to this article
may regulate the use and sale of said electricity in
dwellings, business places and other places in such county,
and the rate to be charged for the same.
(2102-A added Dec. 7, 1982, P.L.778, No.224)
Section 2103-A. Sale of Power Developed from Hydroelectric
Facilities.--By ordinance, a county of the second class may
sell or lease all or part of its hydroelectric generating
facilities to a purchaser for such sale price as the parties
may agree upon.
(2103-A added Dec. 7, 1982, P.L.778, No.224)
Section 2104-A. Construction or Purchase of Hydroelectric
Generation Facilities.--Any county of the second class may
construct or purchase facilities or real estate for the
purpose of developing, transmitting, utilizing or distributing
electric power by hydroelectric generation. Any county of the
second class may purchase a hydroelectric generating facility
at such price as may be agreed upon by the county and the
person, copartnership or a majority of the stockholders of a
corporation that owns such facility. As used in this section
the phrase "distributing electric power" means the
distribution of electric power produced by hydroelectric
generation to facilities owned by the county or by a municipal
authority created by the county.
(2104-A amended Feb. 14, 1986, P.L.11, No.5)
Section 2105-A. Debt Limitations.--Any county of the second
class which constructs or purchases a hydroelectric facility
may incur debt as necessary for the construction or
rehabilitation of a new or existing dam or impoundment,
including acquisition of land or real estate, and aerial
right-of-way amenities, and may incur debt for repairs or
reconstruction to an existing or new impoundment in connection
with hydroelectric power generation.
(2105-A added Dec. 7, 1982, P.L.778, No.224)
Section 2106-A. Authority Compliance.--A county of the
second class desiring to construct, or purchase, or operate,
or sell a hydroelectric facility, as a municipal body, may
authorize an existing authority or establish a new authority
to construct, operate, generate or sell the power from the
authority's hydroelectric facilities under the laws of the
Commonwealth authorizing the creation and jurisdiction of
municipal authorities.
(2106-A amended Feb. 14, 1986, P.L.11, No.5)
ARTICLE XXII
Planning, Zoning and Traffic
(a) County and Regional Planning Commissions
Section 2201. Creation and Powers of County Planning
Commissions.--(a) In the county there shall be a county
planning commission and also a department of county planning.
The department shall be under the supervision of the planning
commission.
(b) The county planning commission shall consist of nine
persons, who shall be residents of the county. In counties of
the second class, four of them shall be residents of the city
or cities therein, and five of them shall be residents of the
boroughs and townships therein. They shall have knowledge and
experience in respect to one or more of the following
subjects: finance, commerce, industry, agriculture,
transportation, architecture, landscape architecture, real
estate, building, engineering, social welfare, civic
administration and law, and at least seven of them shall not
be paid county employes. ((b) amended Oct. 20, 1967, P.L.472,
No.224)
(c) All of said persons shall be appointed by the county
commissioners; three of them shall be designated to serve
until the first day of January of the second year following
the year in which they are appointed, three of them until the
first day of January of the fourth year following the year in
which they are appointed, and three of them until the first
day of January of the sixth year following the year in which
they are appointed: Provided, however, That the members of the
county planning commission in office on the first day of
September, one thousand nine hundred thirty-seven, shall
remain in office until the end of their respective terms.
Their successors shall be appointed at the expiration of their
respective terms, to serve six years. An appointment to fill a
casual vacancy shall be only for the unexpired portion of the
term.
(d) Three members shall constitute a quorum. They may make
and alter rules and regulations for their own organization and
procedure consistent with the resolutions of the county
commissioners and the rules of the Commonwealth.
(e) They shall serve without compensation, and shall make
annually, to the county commissioners, a report of their
transactions and recommendations. They may employ engineers
and other persons whose salaries and wages and other necessary
expenses of the commission shall be provided for, in the
discretion of the county commissioners, by proper
appropriation and resolution. For the purpose of defraying
such costs and expenses, the county commissioners may use
current tax revenue or may issue general obligation bonds in
such amounts as are necessary and in such manner as provided
by the act of June 25, 1941 (P.L.159), known as the "Municipal
Borrowing Law." The county planning commission may also
receive and expend for the purpose of its planning work,
including planning work in or for cities, boroughs, townships
and towns, within the county, any gifts, grants and
appropriations of money from any other source, including
Commonwealth, Federal or local funds, and may contract with
governmental or private agencies or individuals with respect
thereto. ((e) amended Aug. 6, 1963, P.L.522, No.278)
(f) The county planning commission may be given the
additional powers and duties of serving as the county zoning
commission and county transit and traffic commission, with all
the powers and duties that have been or may be conferred upon
such county commissions by other acts of Assembly. ((f)
amended Dec. 15, 1955, P.L.880, No.265)
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2201 is repealed insofar as it relates to
counties of the second class A.
Section 2202. Submission of Resolutions for Certain
Improvements; Reports.--All resolutions of the county
commissioners relating to the location of any public buildings
in the county and to the location, extension, widening,
enlargement, ornamentation or parking of any street,
boulevard, parkway, bridge, tunnel, subway or underground
road, park, playground or other public grounds, to the
vacation of any highway or portion thereof, or to the making
or alteration of the county plan of highways, or to any
surface, underground or elevated railway, shall be furnished
to the County Planning Commission.
The planning commission may make a report, or suggestion in
relation thereto, if it deems the report necessary or
advisable for the consideration of the said commissioners. If
the report is made by the commission prior to the expiration
of the said twenty days, the county commissioners may
immediately proceed with the adoption of the said resolution.
All such reports when delivered to the said commissioners
shall be for the information of the public as well as for the
commissioners, and the commissioners shall furnish to any
newspaper of the county on request, for publication, a copy of
any such report.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2202 is repealed insofar as it relates to
counties of the second class A.
Section 2203. Appearance in Proceedings.--The County
Planning Commission may appear in any proceeding with
reference to the opening or vacation of any public road or
highway, bridge, tunnel, subway or underground road as to
which the commission has an interest under the provisions of
this article, and file a report stating its view with
reference thereto, and may produce testimony in connection
therewith.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2203 is repealed insofar as it relates to
counties of the second class A.
Section 2204. Plans of Subdivisions; Jurisdiction; Scope of
Subdivisions; Regulations; Procedure; Penalties.--(a) The
county planning commission shall have jurisdiction and control
of the subdivision of land located within the county limits.
For the purpose of this section, a subdivision shall be
construed to be a division of any part, parcel or area of land
by the owner or agent, either by lots or by metes and bounds,
into lots or parcels, three or more in number, for the purpose
of conveyance, transfer, improvement or sale, with appurtenant
roads, streets, lands, alleys and ways, dedicated or intended
to be dedicated to public use or the use of purchasers or
owners of lots fronting thereon. In counties of the second
class all plans, plots and replots of land laid out in
building lots, and the streets, highways, alleys or other
portions of the same intended to be dedicated to public use or
the use of purchasers or owners of lots fronting thereon or
adjacent thereto, located within the county limits, except
those located within any city or borough within the said
county, shall be submitted to the county planning commission
and approved by it before they shall be recorded. In counties
of the second class A all plans, plots and replots of land
laid out in building lots, and the streets, highways, alleys
or other portions of the same intended to be dedicated to
public use or the use of purchasers or owners of lots fronting
thereon or adjacent thereto, located within the county limits,
except those located within any city or borough or within a
township having adopted by resolution or ordinance land
subdivision regulations, shall be submitted to the county
planning commission and approved by it before they shall be
recorded. ((a) amended Oct. 20, 1967, P.L.472, No.224)
(b) It shall not be lawful to receive or record any such
plan in any public office unless the same shall bear thereon,
by endorsement or otherwise, the approval of the County
Planning Commission, if one has been created. The disapproval
of any such plan by the County Planning Commission shall be
deemed a refusal of the proposed dedication shown thereon. The
approval of the commission shall be deemed an acceptance of
the proposed dedication, but shall not impose any duty upon
the county concerning maintenance or improvement of any such
dedicated streets, highways, alleys or other portions of the
same, until the proper authorities of the county shall have
made actual appropriation of the same by entry, use or
improvement. The owners and purchasers of such lots shall be
conclusively presumed to have notice of public plans, maps and
reports of the commission affecting such property within its
jurisdiction.
(c) Any owner or agent of the owner of any land located
within a subdivision who sells, transfers or agrees to sell
any land by reference to or exhibition of or by other use of a
plan of a subdivision before the same has been approved by the
County Planning Commission shall, upon summary conviction
thereof before any alderman or justice of the peace of the
county, be sentenced to pay a fine of not less than fifty
dollars ($50) or more than one hundred dollars ($100) and the
cost of the prosecution, or undergo an imprisonment for a term
of not more than thirty (30) days, for each lot or parcel
transferred or sold or agreed to be sold; and the description
of such lot or parcel by metes and bounds in the instrument of
transfer or other document used in the process of selling or
transferring shall not exempt the transaction from such
penalties or from the remedies herein provided.
(d) The county may also enjoin such transfer or sale or
agreement by action for injunction brought in any court of
equity jurisdiction, in addition to the penalty herein
provided.
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2204 is repealed insofar as it relates to
counties of the second class A.
Section 2205. Maps of County.--The County Planning
Commission may make or cause to be made and laid before the
said county commissioners and, in its discretion, cause to be
published, a map or maps of the county and any portion or
portions thereof, including the territory extending three
miles beyond the county limits, showing the highways and other
public improvements hereinbefore specified and other natural
or artificial features, and also locations proposed by it for
any new highways or other of such improvements, or any
widening, extension or relocation of the same, or any change
in the county plan by it deemed advisable.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2205 is repealed insofar as it relates to
counties of the second class A.
Section 2206. Recommendations to County Commissioners and
Others.--It may make recommendations to the county
commissioners from time to time concerning any such matters
and things aforesaid for action of the county commissioners
thereon and in so doing have regard for present conditions and
future needs and growth of the county, and the distribution
and relative location of all the principal streets and
railways, waterways and all other means of public travel and
business communication, as well as the distribution and
relative location of public buildings, public grounds and open
spaces devoted to public use, and the planning and laying out
for dwelling and business purposes of private grounds brought
into the market from time to time.
The County Planning Commission may make recommendations to
any public authorities or any corporations or individuals in
such counties with reference to the location of any buildings,
structures or works to be erected or constructed by them.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2206 is repealed insofar as it relates to
counties of the second class A.
Section 2207. Cooperation Between Commission and Political
Subdivisions.--The County Planning Commission shall encourage
the cooperation of the political subdivisions within the
county in any matters whatsoever which may concern the
integrity of the county plan or maps prepared by the
commission as an aid toward coordination of municipal plans
with the county plans, and it shall be the duty of every city,
borough and township within the county, having prepared any
maps or plans by a duly authorized planning commission, to
file a copy thereof and any subsequent amendments thereto with
the County Planning Commission within thirty days from the
completion of such plan or map.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2207 is repealed insofar as it relates to
counties of the second class A.
Section 2208. Local Authorities to Submit Plans to County
Planning Commission.--Before the approval of a plat by any
city, borough or township authority having the power of
approval of plats, such authority shall transmit a copy of the
proposed plat to the County Planning Commission and the
commission shall make a report thereon to such local
authority. Pending the receipt and consideration of such
report, such local authority shall defer action thereon, but
if such report is not received by the local authority within
twenty days from the submission of the plat to the County
Planning Commission, or within such further time as may be
agreed upon by the local authorities, such local authority may
proceed to final action thereon.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2208 is repealed insofar as it relates to
counties of the second class A.
Section 2209. Creation of Regional Planning Commission.-(a) The councils or corresponding legislative bodies of any
group of political subdivisions, independently or together
with the county commissioners of the county or counties in
which such group of political subdivisions is located or of
any adjoining county or counties, or the council or
corresponding legislative body of any political subdivision
together with the county commissioners in which such political
subdivision is located, or the county commissioners of any two
or more adjoining counties, may cooperate in the creation of a
regional planning commission for any region defined, as may be
agreed upon by said cooperating councils, authorities and
county commissioners, or by said cooperating county
commissioners.
(b) The number and qualifications of the members of any such
regional planning commission and their terms and method of
appointment or removal shall be such as may be determined and
agreed upon by said cooperating authorities and county
commissioners. A majority of the members of the regional
planning commission shall hold no other public office or
position, excepting appointive membership on a municipal or
other planning commission. Members of the regional planning
commission shall serve without salary, but may be paid
expenses incurred in the performance of duties.
(c) The proportion of the expenses of the regional planning
commission to be borne respectively by the political
subdivisions and counties or by the counties cooperating in
the establishment and maintenance of the commission shall be
such as may be determined and agreed upon by the cooperating
authorities and county commissioners, and said authorities and
county commissioners are hereby authorized to appropriate
their respective shares of such expenses. For the purpose of
defraying such costs and expenses, the county commissioners
may use current tax revenue or may issue general obligation
bonds in such amounts as are necessary and in such manner as
provided by the act of June 25, 1941 (P.L.159), known as the
"Municipal Borrowing Law." Within the amounts thus agreed upon
and duly appropriated, any such regional planning commission
shall have the power to appoint such employes and staff as it
may deem necessary for its work, and contract with planners
and other consultants for such services as it may require. The
regional planning commission may also receive and expend for
the purposes of its planning work, including planning work in
or for counties, cities, boroughs, townships and towns, within
the region any gifts, grants and appropriations of money from
any other source, including Commonwealth, Federal, county or
local funds, and may contract with governmental or private
agencies or individuals with respect thereto. ((c) amended
Aug. 6, 1963, P.L.522, No.278)
(d) The regional planning commission shall elect its
chairman, who shall hold no other public office or position
except that he may be a member of a municipal or other
planning commission. The term of the chairman shall be one
year, with eligibility for reelection. The commission may
create and fill such other offices as it may determine. It
shall adopt rules for the transaction of business, and shall
keep a record of its resolutions, transactions, findings and
determinations, which record shall be a public record.
(e) The county commissioners or other county official, or
the chief executive officer or body of any political
subdivision, may, from time to time, upon the request of the
commission, and for the purpose of special surveys, assign or
detail to the commission any officers or employes of the
county or political subdivision to make for the commission
special surveys or studies requested by the commission.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2209 is repealed insofar as it relates to
counties of the second class A.
Section 2210. Regional Planning Commission to Make Master
Plan.--It shall be the function and duty of the regional
planning commission to make a master plan and such surveys and
studies as may be essential thereto for the physical
development of the region as created in accordance with the
provisions of the preceding section. Such master plan shall
include all the elements of physical development that may be
locally important and desirable.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2210 is repealed insofar as it relates to
counties of the second class A.
Section 2211. Delegated Powers of Regional Planning
Commission.--The council or corresponding legislative bodies
of any political subdivision and the county commissioners of
any county so cooperating may delegate to the regional
planning commission, by ordinance or resolution, any or all of
the powers and duties of the planning commission of such
political subdivision with respect to the territory of the
political subdivision so enacting or resolving, and in case of
a county any and all of the powers and duties of a county
planning commission for the territory of the county so
resolving.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2211 is repealed insofar as it relates to
counties of the second class A.
(b) County Zoning
Section 2220. Grant of Power.--The board of county
commissioners of the county is hereby empowered, in accordance
with the conditions and procedure specified in the subsequent
sections of this subdivision, by ordinance, to regulate in any
portion or portions of such county which lie outside of
cities, boroughs and townships of the first class the
location, height, bulk and size of buildings and other
structures, the percentage of lot which may be occupied, the
size of yards, courts and other open spaces, the density and
distribution of population, the uses of buildings and
structures for trade, industry, residence, recreation, public
activities or other purposes, and the uses of land for trade,
industry, residence, recreation, agriculture, water supply,
conservation, soil conservation, forestry, or other purposes.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2220 is repealed insofar as it relates to
counties of the second class A.
Section 2221. Zoning Commission.--(a) In order to avail
itself of the powers conferred by this subdivision, the board
of county commissioners shall appoint a permanent commission
of three, five or seven members, which shall be known as the
county zoning commission.
Any individual, whether in private or ex-officio capacity,
may be appointed to serve on such commission, and the majority
of the members thereof shall be individuals who do not hold
elective public office. The boards of county commissioners of
two or more counties may arrange or provide for a joint or
common commission, and for the purposes of this subdivision
any such joint or common zoning commission shall be deemed the
zoning commission of each of such counties. The board of
county commissioners shall provide for reimbursement of the
members of the zoning commission for actual expenses incurred,
and shall provide for the filling of vacancies in the
membership of such commission, and for the removal of a member
for non-performance of duty or misconduct.
(b) In the county where a county planning commission has
been established, the county commissioners may, in lieu of
establishing a zoning commission as provided in this section,
confer and impose on such planning commission the additional
power and duty of serving as the county zoning commission,
with all the powers and duties conferred by this subdivision
upon the county zoning commission.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2221 is repealed insofar as it relates to
counties of the second class A.
Section 2222. Assistance from State Agencies; Personnel.-The zoning commission is directed to make use of the expert
advice and information which may be furnished by appropriate
State and Federal officials, departments and agencies,
particularly the Pennsylvania State Planning Board. All State
officials, departments and agencies having information, maps
and data pertinent to county zoning are hereby authorized and
directed to make the same available for the use of the county
zoning commission, as well as to furnish such other technical
assistance and advice as they may have available for such
purpose. The zoning commission may employ such trained
personnel as the funds provided therefor may permit.
Compiler's Note: Section 1 of Reorganization Plan No.2 of
1966 provided that the functions of the State Planning
Board, transferred to the Department of Commerce by
Reorganization Plan No.1 of 1955, P.L.2045, are further
transferred from the Department of Commerce to the
Department of Community Affairs, to be administered by
the Secretary of the Department of Community Affairs.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2222 is repealed insofar as it relates to
counties of the second class A.
Section 2223. Preparation of Zoning Plan.--(a) It shall be
the duty of the zoning commission of the county to make for
certification to the board of county commissioners a zoning
plan or plans, including both the full text of the zoning
ordinance or ordinances and the maps, and representing the
recommendations of the commission for the regulation by
districts or zones of the location, height, bulk and size of
buildings and other structures, percentage of lot which may be
occupied, the size of lots, courts and other open spaces, the
density and distribution of population, the location and use
of buildings and structures for trade, industry, residence,
recreation, public activities, or other purposes, and the use
of land for trade, industry, recreation, agriculture,
forestry, soil conservation, water supply, conservation, or
other purposes.
(b) When the efforts of such commission shall have reached
the stage of a tentative plan, the commission shall hold at
least one public hearing on each tentative plan, to be
separately submitted, notice of which hearings shall be
published at least fifteen days before the date of the hearing
in a newspaper of general circulation in the county. The
notice shall contain the time and place of hearing, and shall
specify the place and times at which the tentative text and
maps of the zoning ordinance may be examined. For the purpose
of its public hearing or hearings, the commission shall have
power to summon witnesses, administer oaths and compel the
giving of testimony.
(c) Before finally adopting and certifying any zoning plan,
the zoning commission shall submit its tentative plan to the
State Planning Board for advice and recommendations. The
approval of the State Planning Board shall be presumed unless
the State Planning Board shall, within forty-five days after
such submission, present its advices and criticisms in respect
to such zoning plan.
(d) In the event that after such public hearing or hearings
and after such submission to the State Planning Board the
zoning commission, in the light of the developments at such
hearing or hearings or the advices and recommendations of the
State Planning Board, makes changes in its said tentative
plan, there shall be no requirement of any hearing upon such
changes or any submission of such changes to the State
Planning Board.
Compiler's Note: Section 1 of Reorganization Plan No.2 of
1966 provided that the functions of the State Planning
Board, transferred to the Department of Commerce by
Reorganization Plan No.1 of 1955, P.L.2045, are further
transferred from the Department of Commerce to the
Department of Community Affairs, to be administered by
the Secretary of the Department of Community Affairs.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2223 is repealed insofar as it relates to
counties of the second class A.
Section 2224. Zoning Ordinance.--From and after the time
when a zoning commission of the county, in accordance with the
procedure herein specified, makes, adopts and certifies to the
county commissioners each zoning plan, including both the full
text of a zoning ordinance and the maps, then the county
commissioners may, by ordinance, exercise the powers
hereinbefore granted to it in this subdivision, and for the
purpose of such exercise, the county commissioners may divide
the territory of the county which lies outside of
municipalities which now have and enforce zoning ordinances
into districts or zones of such number, shape or area as it
may determine. Within such districts or any of them, they may
regulate the erection, construction, reconstruction,
alteration and uses of buildings and structures and the uses
of land, and may require and provide for the issuance of
building permits as a condition precedent to the right to
erect, construct, reconstruct or alter any building or
structure within any district covered by such zoning
ordinance. All such regulations shall be uniform for each
class or kind of buildings throughout any district, but the
regulations in one district may differ from those in other
districts.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2224 is repealed insofar as it relates to
counties of the second class A.
Section 2225. Method of Procedure.--After receiving the
certification of a zone plan from the zoning commission and
before the enactment of any zoning ordinance, the county
commissioners shall hold a public hearing thereon, of the time
and place of which at least thirty days' notice shall be given
by one publication in a newspaper of general circulation in
the county. Such notice shall state the place at which the
text and maps as certified by the zoning commission may be
examined. The board may conduct consultative hearings or
referenda to aid it in determining the desirability of
contemplated or recommended regulations. No change in or
departure from the text or maps as certified by the zoning
commission shall be made unless such change or departure shall
first be submitted to the zoning commission for its approval
or disapproval or suggestions. The zoning commission shall
have thirty days from and after such submission within which
to send its report to the county commissioners. No approval,
disapproval or suggestions of the zoning commission shall have
more than advisory effect, or shall in anywise bind the county
commissioners.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2225 is repealed insofar as it relates to
counties of the second class A.
Section 2226. Purposes of Zoning Regulations.--Such
regulations shall be designated and enacted for the purpose of
promoting the health, safety, morals, convenience, order,
prosperity or welfare of the present and future inhabitants of
the Commonwealth of Pennsylvania, including, among other
things, the lessening of congestion in the streets or roads,
or reducing the waste of excessive amounts of roads, securing
safety from fire and other dangers, providing adequate light
and air, preventing on the one hand excessive concentration of
population and on the other hand excessive and wasteful
scattering of population or settlement, promoting such
distribution of population and such classification of land
uses and distribution of land development and utilization as
will tend to facilitate and conserve adequate provisions for
transportation, water flowage, water supply, drainage,
sanitation, educational opportunities, recreation, soil
fertility, food supply, protection of the tax base, securing
economy in governmental expenditures, fostering the
Commonwealth's agricultural and other industries, and the
protection of both urban and non-urban development.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2226 is repealed insofar as it relates to
counties of the second class A.
Section 2227. Amendments.--(a) The county commissioners may
from time to time amend the number, shape, boundary or area of
any district or districts, or any regulation of or within such
district or districts, or any other provision of any zoning
ordinance, but no such amendment shall be made or become
effective until the same shall have been proposed by or be
first submitted for approval, disapproval or suggestions to
the zoning commission and the Pennsylvania State Planning
Board.
(b) Any proposal, approval, disapproval or suggestions of
the zoning commission or the State Planning Board shall have
advisory effect only and not be binding upon the county
commissioners, and unless such zoning commission or State
Planning Board shall have transmitted its report upon the
proposed amendment within thirty days after the submission
thereof to it, the county commissioners shall be free to
proceed to the adoption of the amendment without further
awaiting the receipt of the report of the zoning commission or
State Planning Board. Before finally adopting any such
amendment, the county commissioners shall hold a public
hearing thereon, at least thirty days' notice of the time and
place of which shall be given by at least one publication in a
newspaper of general circulation in the county.
Compiler's Note: Section 1 of Reorganization Plan No.2 of
1966 provided that the functions of the State Planning
Board, transferred to the Department of Commerce by
Reorganization Plan No.1 of 1955, P.L.2045, are further
transferred from the Department of Commerce to the
Department of Community Affairs, to be administered by
the Secretary of the Department of Community Affairs.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2227 is repealed insofar as it relates to
counties of the second class A.
Section 2228. Cooperation Between Counties.--The zoning
commission of any county may cooperate with the zoning
commissions of other counties and with the planning, zoning,
legislative and administrative authorities of cities,
boroughs, towns or townships or other municipalities, either
within or without such county, with a view to coordinating and
integrating the zoning of the county with the planning and
zoning of other counties or of municipalities. The zoning
commission shall also have power to appoint such committee or
committees and adopt such rules for the conduct of its
business as it may deem proper to effect such cooperation or
to more expeditiously and effectively perform its functions.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2228 is repealed insofar as it relates to
counties of the second class A.
Section 2229. The Board of Adjustment.--(a) The county
commissioners of the county which enacts zoning regulations
under the authority of this subdivision shall provide for a
board of adjustment of three to five members and for the
manner of the appointment of such members. Not more than half
of the members of such board may at any time be members of the
zoning commission. The county commissioners shall fix per diem
compensation and terms for the members of such board of
adjustment, which terms shall be of such length and so
arranged that the term of at least one member will expire each
year. Any member of the board of adjustment may be removed for
cause by the county commissioners upon written charges and
after a public hearing. Vacancies shall be filled for the
unexpired term in the same manner as in the case of original
appointments.
(b) The county commissioners may appoint associate members
of such board, and in the event that any regular member be
temporarily unable to act owing to absence from the county,
illness, interest in a case before the board, or any other
cause, his place may be taken during such temporary disability
by an associate member designated for the purpose. The boards
of county commissioners of two or more counties may arrange
and provide for a joint or common board of adjustment of four
or five members, which joint or common board of adjustment
shall be deemed the board of adjustment of each of such
counties.
(c) The county commissioners shall provide and specify in
its zoning or other ordinances general rules to govern the
organization, procedure and jurisdiction of said board of
adjustment, which rules shall not be inconsistent with the
provisions of this subdivision, and the board of adjustment
may adopt supplemental rules of procedure not inconsistent
with this subdivision or such general rules.
(d) Any zoning ordinance of the county commissioners may
provide that the board of adjustment may, in appropriate cases
and subject to appropriate principles, standards, rules,
conditions and safeguards set forth in the zoning ordinance,
make special exceptions to the terms of the zoning regulations
in harmony with their general purpose and intent. The
commissioners may also authorize the board of adjustment to
interpret the zoning maps and pass upon disputed questions of
lot lines or similar questions as they may arise in the
administration of the zoning regulations.
(e) Meetings of the board of adjustment shall be held at the
call of the chairman and at such other times as the board in
its rules of procedure may specify. The chairman or in his
absence the acting chairman may administer oaths and compel
the attendance of witnesses. All meetings of the board of
adjustment shall be open to the public. The board shall keep
minutes of its proceedings showing the vote of each member
upon each question, or if absent or failing to vote,
indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be
immediately filed in the office of the board and shall be a
public record.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2229 is repealed insofar as it relates to
counties of the second class A.
Section 2230. Appeals to the Board of Adjustment.-(a) Appeals to the board of adjustment may be taken by any
person aggrieved by his inability to obtain a building permit
or by the decision of any administrative officer or agency
based upon or made in the course of the administration or
enforcement of the provisions of the zoning ordinance. Appeals
to the board of adjustment may be taken by any officer,
department, board or bureau of the county affected by the
grant or refusal of a building permit or by other decision of
an administration officer or agency based on or made in the
course of the administration or enforcement of the provisions
of the zoning ordinance. The time within which such appeal
must be made and the form or other procedure relating thereto
shall be as specified in the general rules provided by the
county commissioners to govern the procedure of such board of
adjustment or in the supplemental rules of procedure adopted
by such board.
(b) Upon appeals, the board of adjustment shall have the
following powers:
(1) To hear and decide appeals where it is alleged by the
appellant that there is error in any order, requirement,
decision or refusal made by an administrative official or
agency, based on or made in the enforcement of the zoning
ordinance.
(2) To hear and decide, in accordance with the provisions of
any such ordinance, requests for special exceptions or for
interpretation of the map or for decisions upon other special
questions upon which such board is authorized by any such
ordinance to pass.
(3) Where, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property at the time of the
enactment of the regulation, or by reason of exceptional
topographic conditions or other extraordinary and exceptional
situation or condition of such piece of property, the strict
application of any regulation enacted under this subdivision
would result in peculiar and exceptional practical
difficulties to or exceptional and undue hardship upon the
owner of such property, to authorize, upon an appeal relating
to said property, a variance from such strict application so
as to relieve such difficulties or hardship, provided such
relief may be granted without substantial detriment to the
public good and without substantially impairing the intent and
purpose of the zone plan and zoning ordinance.
(c) The concurring vote of four members of the board in the
case of a five-member board and of three members in the case
of a three-member board shall be necessary to reverse any
order, requirement, decision or determination of any such
administrative official or agency or to decide in favor of the
appellant.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2230 is repealed insofar as it relates to
counties of the second class A.
Section 2231. Court Review.--(a) Any persons jointly or
severally aggrieved by any decision of the board of adjustment
or any taxpayer or any officer, department, board or bureau of
the county may present to the court of common pleas of the
county in which the property concerning which such decision
was made is located a petition, duly verified, setting forth
that such decision is illegal, in whole or in part, specifying
the grounds of the illegality. Such a petition shall be
presented to the court within thirty days after the filing of
the decision in the office of the board. Upon the presentation
of such petition, the court may allow a writ of certiorari
directed to the board of adjustment to review such decision of
the board of adjustment, and shall prescribe therein the time
within which a return thereto must be made and served upon the
relator's attorney, which shall not be less than ten days and
may be extended by the court. The allowance of the writ shall
not stay proceedings upon the decision appealed from, but the
court may on application, on notice to the board and on due
cause shown, grant a restraining order.
(b) The board of adjustment shall not be required to return
the original papers acted upon by it, but it shall be
sufficient to return certified or sworn copies thereof or of
such portions thereof as may be called for by such writ. The
return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision
appealed from and shall be verified.
(c) If upon the hearing it shall appeal to the court that
testimony is necessary for the proper disposition of the
matter, it may take evidence, or appoint a referee to take
such evidence, as it may direct, and report the same to the
court with his findings of fact and conclusions of law, which
shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may
reverse or affirm, wholly or partly, or may modify the
decision brought up for review.
(d) Costs shall not be allowed against the board unless it
shall appear to the court that it acted with gross negligence
or in bad faith or with malice in making the decision appealed
from.
(e) All issues in any proceeding under this section shall
have preference over all other civil actions and proceedings.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2231 is repealed insofar as it relates to
counties of the second class A.
Section 2232. Violations; Enforcement and Remedies.--(a) It
shall be unlawful to erect, construct, reconstruct, alter,
maintain or use any building or structure, or to use any land,
in violation of any regulation in or of any provision of any
zoning ordinance or any amendment thereof enacted or adopted
by any board of county commissioners under the authority of
this subdivision. Any person, firm or corporation violating
any such regulation, provision or amendment of any provision
of this subdivision shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not more than one
hundred dollars ($100) or imprisoned not more than ten days,
or both. Each and every day during which such illegal
erection, construction, reconstruction, alteration,
maintenance or use continues shall be deemed a separate
offense.
(b) In case any building or structure is or is proposed to
be erected, constructed, reconstructed, altered, maintained or
used, or any land is or is proposed to be used, in violation
of this subdivision or of any regulation or provision of any
ordinance or amendment thereof enacted or adopted by any board
of county commissioners under the authority granted by this
subdivision such board, the district attorney of the county or
any owner of real estate within the district in which such
building structure or land is situated may, in addition to
other remedies provided by law, institute injunction,
mandamus, abatement or any other appropriate action or
actions, proceeding or proceedings to prevent, enjoin, abate
or remove such unlawful erection, construction,
reconstruction, alteration, maintenance or use.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2232 is repealed insofar as it relates to
counties of the second class A.
Section 2233. Nonconforming Uses.--(a) The lawful use of a
building or structure or the lawful use of any land as
existing and lawful at the time of the enactment of a zoning
ordinance, or in the case of an amendment of an ordinance,
then at the time of such amendment, may, except as hereinafter
provided, be continued, although such use does not conform
with the provisions of such ordinance or amendment. Such use
may be extended throughout the same building, provided no
structural alteration of such building is proposed or made for
the purpose of such extension. The county commissioners may
provide in any zoning ordinance for the restoration,
reconstruction, extension or substitution of nonconforming
uses upon such terms and conditions as may be set forth in the
zoning ordinance. The county commissioners may in any zoning
ordinance provide for the termination of nonconforming uses,
either by specifying the period or periods in which
nonconforming uses shall be required to cease, or by providing
a formula or formulae whereby the compulsory termination of a
nonconforming use may be so fixed as to allow for the recovery
or amortization of the investment in the nonconformance.
(b) If the county acquires title to any property by reason
of tax delinquency and such property is not redeemed or sold
as provided by law, the future uses of such property shall be
in conformity with the then provisions of the zoning ordinance
of the county or with any amendment of such ordinance equally
applicable to the other like properties within the district in
which the property acquired by the county is located.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2233 is repealed insofar as it relates to
counties of the second class A.
Section 2234. List of Nonconforming Uses.--Immediately
after the adoption of any zoning ordinance or amendment by the
county commissioners, the county zoning commission shall
prepare and publish a complete list of all nonconforming uses
and occupations existing at the time of the adoption of such
ordinance or amendment. Such list shall contain the names and
addresses of the owner or owners of such nonconforming use and
of any occupant other than the owner, the legal description or
descriptions of the land, and the nature and extent of land
use.
After any necessary corrections have been made under a
procedure prescribed by the county commissioners, copies of
such list shall, when approved by such body, be filed for
record in the offices of the recorder of deeds and of the
chief clerk in the county in which the lands are situated, and
shall be corrected yearly, as the county commissioners may
prescribe.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2234 is repealed insofar as it relates to
counties of the second class A.
Section 2235. Filing.--Upon the adoption of any zoning
ordinance or regulation, map or maps, the county commissioners
may file the originals with the chief clerk and a certified
copy of each in the office of the county recorder of deeds,
which copies shall be accessible to the public. The recorder
of deeds shall index such ordinances and regulations as nearly
as possible in the same manner as he indexes instruments
pertaining to the title of land.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2235 is repealed insofar as it relates to
counties of the second class A.
Section 2236. Finances.--The county commissioners are
empowered to appropriate out of the general county fund such
moneys otherwise unappropriated as it may deem fit to finance
the work of the county zoning commission and of the board of
adjustment and to enforce the zoning regulations and
restrictions which are adopted, and to accept grants of money
and service for these purposes and other purposes in
accordance with this subdivision from either private or public
sources, State or Federal.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2236 is repealed insofar as it relates to
counties of the second class A.
Section 2237. Conflict With Other Laws.--Whenever any
regulations made under authority of this subdivision require a
greater width or size of yards, courts or other open spaces,
or require a lower height of buildings, or smaller number of
stories, or require a greater percentage of lot to be left
unoccupied, or impose other higher standards than are required
in or under any other statute, the provisions of the
regulations made under authority of this subdivision shall
govern. Whenever the provisions of any other statute require a
greater width or size of yards, courts or other open spaces,
or require a greater percentage of lot to be left unoccupied,
or impose other higher standards than are required by the
regulations made under authority of this subdivision, the
provisions of such statute shall govern.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2237 is repealed insofar as it relates to
counties of the second class A.
Section 2238. Subdivision Not to Apply to Certain Buildings
of Public Utility Corporations.--This subdivision shall not
apply to any existing or proposed building or extension
thereof used or to be used by public utility corporations if,
upon petition of the corporation, the Pennsylvania Public
Utility Commission shall, after a public hearing, decide that
the present or proposed situation of the building in question
is reasonably necessary for the convenience or welfare of the
public.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2238 is repealed insofar as it relates to
counties of the second class A.
Section 2239. Definitions.--The words "amend," "amendment,"
"amendments" or "amended" in this subdivision shall be deemed
to include any modification of the text or phraseology of any
provision of any zoning ordinance or amendment thereof, or any
repeal or elimination of any such provision or part thereof,
or any addition to the ordinance or to an amendment thereof,
and shall also be deemed to include any change in the number,
shape, boundary or area of any district or districts, any
repeal or abolition of any map forming part of or referred to
in any zoning ordinance or any part of such map, and, in
addition to such map, any new map or maps or any other change
in the maps or any map.
Compiler's Note: Section 1201(8) of Act 247 of 1968 provided
that section 2239 is repealed insofar as it relates to
counties of the second class A.
(c) County Transit and Traffic Commission
Section 2250. Creation of County Transit and Traffic
Commission.--There is hereby created a County Transit and
Traffic Commission consisting of nine persons who shall be
residents of the county, not more than four of whom shall be
residents of cities in the county, nor shall more than two be
regular employes of any publicly financed body. Members shall
be persons experienced in either engineering, commerce,
finance, law, transportation or traffic matters, and shall be
appointed by the county commissioners. The successors to the
members in office when this act becomes effective shall be
appointed, at the expiration of their respective terms, to
serve six years, and all appointments to fill vacancies shall
be only for the unexpired portion of the term. Five members
shall constitute a quorum. The commission may make rules and
regulations for their own organization and procedure
consistent with the resolutions of the county commissioners
and the laws of the Commonwealth. Members shall serve without
compensation, and may employ a technical staff and such other
persons as may be necessary, whose salaries and wages,
together with other necessary expenses of the commission,
shall be provided for, in the discretion of the county
commissioners, by proper appropriation and resolution.
Section 2251. Duties of the County Transit and Traffic
Commission.--(a) The duty of the Transit and Traffic Commission
shall be to investigate transit, traffic and parking
conditions in the county, including the volume and
characteristics of the movement of public carriers such as
street railways, train, bus and other motor vehicles
throughout the county, with a view of determining advisable
means for obtaining adequate, rapid and safe transportation,
to consider fully the coordination of existing transportation
services, to investigate and study safety measures for persons
and vehicles on highways, streets and thoroughfares in said
county, to advise with officials of political subdivisions in
the county about the transit, traffic, and parking problems.
(b) 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 of its investigations. This
report shall include the results of investigations made by the
commission and any recommendations the commission may have to
offer.
(c) The county commissioners shall refer any plan, proposal
or resolution affecting public transportation and the safety
of the public on public transportation facilities and on
highways, bridges and tunnels in the county to the County
Transit and Traffic Commission for its consideration and
recommendation. The Transit and Traffic Commission shall
report to the county commissioners on the plan, proposal or
resolution within a reasonable period of time.
(d) In lieu of the creation of a county transit and traffic
commission in the county where a county planning commission
has been established, the county commissioners may, by
resolution, confer and impose on such 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 sub-section upon the county transit and
traffic commission. Upon the passage of such resolution by the
county commissioners, the terms of office of the existing
county transit and traffic commissioners shall terminate and
they shall deliver all books, papers, records, furnishings and
supplies pertaining to their office to the county planning
commission.
The passage of such resolution by the county commissioners
shall not impair or affect any act done, or right accruing,
accrued or acquired, or liability, duty or obligation
incurred, prior to the time such resolution takes effect, but
the same may be enjoyed, asserted or enforced as fully and to
the same extent as if such resolution had not been passed.
((d) added Dec. 15, 1955, P.L.880, No.265)
Article XXII-A
Residential Finance Authorities
(Art. added Nov. 5, 1981, P.L.330, No.120)
Compiler's Note: Section 3 of Act 120 of 1981, which added
Article XXII-A, provided that the powers herein granted
in section 2204-A(3), (4) and (5) and section 2205-A(a)
and (b) shall not be exercised by an authority after
June 30, 1984. After June 30, 1984, the authority shall
have power only to do those things necessary to wind-up
its affairs and terminate its existence.
Section 2201-A. Definitions.--As used in this article the
following words and phrases shall have, unless the context
clearly indicates otherwise, the meanings given to them in
this section:
"Authority." A Residential Finance Authority created and
activated pursuant to section 2202-A.
"Bonds." Includes any evidence of indebtedness for money
borrowed.
"Field of operation." The area within the territorial
boundaries of a county, excluding any area lying within the
boundaries of any city within such county: Provided, however,
That any such city and any other city or county within the
Commonwealth may, by resolution, elect to be included within
the field of operation of the county.
"Lending institution." Any bank, trust company, bank and
trust company, mortgage bank, savings bank, credit union,
National banking association, savings and loan association,
building and loan association, insurance company, or other
financial institution authorized to transact business in the
Commonwealth and which customarily lends, or provides service
or other aids in lending, money for the purchase or
improvement of residences located in the Commonwealth.
"Residential loan note." An interest-bearing obligation
evidencing a loan of money made for the financing of the
acquisition, construction, reconstruction, rehabilitation,
renovation or improvement of a residence or the refinancing of
costs previously incurred for the acquisition, construction,
reconstruction, rehabilitation, renovation or improvement of a
residence.
"Residence." The structure (or a condominium unit in a
structure), including the appurtenant land, located within the
authority's field of operation which is the dwelling place of
an individual or one family, provided that, such term may, at
the discretion of the board of an authority, include a
structure in such field of operation containing more than one
dwelling unit or other living arrangement, including personal
care boarding homes, nursing homes, board and care homes or
other protective oversight living arrangements which may have
common areas, including eating, food preparation, recreation
and lounge areas.
(2201-A amended Oct. 5, 1990, P.L.519, No.125)
Section 2202-A. Creation.--There are hereby created
separate and distinct bodies, which shall at all times be
public instrumentalities and bodies corporate and politic (one
for each second class county of the Commonwealth). Each such
authority shall be known as the "(Name of county) Residential
Finance Authority." No authority shall transact any business
or be otherwise operative until and unless the board of county
commissioners of any county of the second class finds and
declares by proper resolution that there is a need for an
authority to function within the county and thereby activates
such authority to carry out the purposes of this article. A
certified copy of such resolution shall be filed with the
Secretary of the Commonwealth. Upon receipt of said
resolution, the Secretary of the Commonwealth shall issue a
certificate of incorporation. A copy of the certificate of
incorporation duly certified by the Secretary of the
Commonwealth shall be conclusive proof that the authority has
been properly established.
(2202-A added Nov. 5, 1981, P.L.330, No.120)
Section 2203-A. Governing Body.--(a) The powers of each
authority shall be exercised by a board consisting of such
number of members as the county commissioners may by
resolution prescribe, but not fewer than five. The members
shall be appointed by the county commissioners who may remove
any member at any time with cause. In the case where a
resolution is adopted decreasing the number of members, a
member may be removed without cause to provide for the number
of members authorized by the resolution.
(b) Subject to the provisions of subsection (a), the
provisions of section 7 of the act of May 2, 1945 (P.L.382,
No.164), known as the "Municipality Authorities Act of 1945,"
are hereby incorporated by reference and made applicable to
authorities.
(2203-A amended Oct. 5, 1990, P.L.519, No.125)
Section 2204-A. Purposes and Powers.--Every authority
activated pursuant to this act shall have as its purpose the
broadening of the market for housing, alleviating shortages of
housing, stimulating the market for housing and improving the
quality of life of the residents of the Commonwealth by making
available funds for loans evidenced by residential loan notes.
Each authority activated pursuant to this article shall be a
public instrumentality, a public body corporate and politic,
and shall have all of the powers granted to authorities under
section 4.B of the act of May 2, 1945 (P.L.382, No.164) known
as the "Municipality Authorities Act of 1945," to the extent
not inconsistent with this article and to the extent necessary
to carry out the foregoing purposes and shall also have the
following powers:
(1) To proceed with foreclosure actions, to own, lease,
clear, construct, reconstruct, rehabilitate, renovate,
improve, repair, maintain, manage, operate, assign, encumber,
sell or otherwise dispose of any real or personal property
obtained by the authority due to default on any loan held by
the authority.
(2) To sell, at public or private sale, with or without
public bidding, any mortgage, mortgage loan or other
instrument or asset or any item of real or personal property
owned by the authority.
(3) To invest in, make commitments to purchase, take
assignments from and to purchase from lending institutions
residential loan notes and to accept the assignment of any
mortgage or other security given for such note, acquired by
such lending institution pursuant to a prior agreement between
the authority and such lending institution which agreement
requires the lending institution to make residential loans to
its customers on terms and conditions specified by the
authority in such agreement, including but not limited to
terms and conditions relating to the rate of interest on and
security for such notes.
(4) To make residential loans directly to natural persons
to enable such persons to acquire residences or to
rehabilitate residences owned by or to be acquired by such
persons: Provided, however, That each such loan must be made
pursuant to an agreement with a lending institution which
requires the loan to be originated and serviced by such
lending institution.
(5) To become a mortgagee approved for participation in all
mortgage insurance programs of the United States Department of
Housing and Urban Development or the Federal Housing
Administration or any successor to either and to enter such
contracts and agreements with the United States Department of
Housing and Urban Development or the Federal Housing
Administration or their respective successors as may be
required to achieve such status.
(6) To do all other acts or things necessary or convenient
for the general welfare of the authority and to carry out the
powers granted to it to fulfill its purposes.
(2204-A added Nov. 5, 1981, P.L.330, No.120)
Compiler's Note: Section 3 of Act 120 of 1981, which added
section 2204-A, provided that the powers herein granted
in section 2204-A(3), (4) and (5) and section 2205-A(a)
and (b) shall not be exercised by an authority after
June 30, 1984. After June 30, 1984, the authority shall
have power only to do those things necessary to wind-up
its affairs and terminate its existence.
Section 2205-A. Bonds.--(a) An authority shall have the
power to issue bonds, including refunding bonds: Provided,
however, That the principal, interest and other charges
thereon be payable solely and exclusively from repayment or
sale of any residential loan notes (including amounts received
by the authority from the sale of real estate or other
collateral given for such loans) purchased by the authority or
moneys contributed to an authority by a county or a
municipality, investment income or proceeds of refunding
bonds.
(b) The bonds shall be sold at public or private sale for
such prices as the authority may determine, mature at such
time or times, bear interest at such rate or rates, be in such
form, contain such provisions for redemption, and be entitled
to such priorities on the revenues and receipts of such
authority, and contain such other terms all as the authority
may determine. The bonds and any appurtenant coupons may be
signed manually by or may bear the facsimile signature of such
officer or officers as the authority may determine.
(2205-A added Nov. 5, 1981, P.L.330, No.120)
Compiler's Note: Section 3 of Act 120 of 1981, which added
section 2205-A, provided that the powers herein granted
in section 2204-A(3), (4) and (5) and section 2205-A(a)
and (b) shall not be exercised by an authority after
June 30, 1984. After June 30, 1984, the authority shall
have power only to do those things necessary to wind-up
its affairs and terminate its existence.
Section 2206-A. Transfers, Grants and Loans to
Authorities.--Any county which has activated an authority and
any municipality in which an authority is authorized to act is
hereby authorized to sell, lease, grant, convey, assign or
transfer, with or without consideration, or lend, any
facilities, or any interest in real or personal property, or
money (including but not limited to the proceeds of any
Federal, State or other grants, gifts, contributions or
similar revenues) to such authority to assist it in carrying
out any authorized activity under this article. This section,
without reference to any other law, shall be deemed complete
authority for such action, the provisions of other laws to the
contrary notwithstanding.
(2206-A added Nov. 5, 1981, P.L.330, No.120)
Section 2207-A. Bonds not Obligations of Commonwealth,
Counties or Municipalities.--Obligations issued under this
article shall not be, nor be deemed to be, a debt or liability
of the Commonwealth or any county or municipality or a pledge
of the faith, credit or taxing power of the Commonwealth or
any county or municipality for any purpose, and all
obligations shall contain a statement to the effect that such
obligations do not constitute a debt or liability of the
Commonwealth or any county or municipality for any purpose,
and that neither the faith and credit nor the taxing power of
the Commonwealth or the county or municipality is pledged to
or available for the payment of the principal of or any
premium or interest on such obligations.
(2207-A added Nov. 5, 1981, P.L.330, No.120)
Section 2208-A. Incorporation by Reference.--The provisions
of sections 5.B, 5.C, 6, 8, 10, 12, 13, 14, 15 and 17 of the
act of May 2, 1945 (P.L.382, No.164), known as the
"Municipality Authorities Act of 1945," are hereby made
applicable to authorities and to this article and are
incorporated herein by reference as if set out at length:
Provided, however, That references in such sections to
"authorities" shall be deemed to be references to authorities
created and activated pursuant to section 2202-A and
references therein to "this act" shall be deemed to be
references to this article.
(2208-A added Nov. 5, 1981, P.L.330, No.120)
Section 2209-A. Continued Existence.--Every authority
created pursuant to this article shall have a term of
existence of fifty years from the date of the resolution
activating it. The board of county commissioners of any county
of the second class with an existing residential finance
authority having a term of existence of fewer than fifty years
may, by proper resolution which finds and declares that there
is a need for the continued existence of the county's
residential finance authority beyond the period of existence
originally provided for, extend the authority's term of
existence to a date not exceeding fifty years from the date of
the resolution.
(2209-A added Nov. 23, 1983, P.L.227, No.65)
Article XXIII
Public Health
(a) General Provisions
Section 2301. Health Work.--The county commissioners may
provide and annually appropriate from any moneys in the county
treasury not otherwise appropriated such sum or sums as they
deem necessary for the protection of the health, cleanliness,
convenience, comfort and safety of the people of the county.
(b) County and Joint County Hospitals
Section 2310. Contagious Disease Hospital or Building, Wing
or Unit.--Whenever, in the opinion of the board of
commissioners of the county or the boards of commissioners of
two or more counties, a hospital for the care and treatment of
contagious diseases appears to be necessary or advisable, the
board of commissioners of the county or the boards of
commissioners of two or more counties jointly may either
erect, construct and equip such a hospital on the grounds of
the county institution district of any of the counties
joining, or may purchase a suitable site for such purpose in
some other locality. In lieu of erecting and constructing a
separate contagious disease hospital, the board of
commissioners of a county or the boards of commissioners of
two or more counties jointly may enter into an agreement with
a general nonsectarian nonprofit hospital or hospitals within
the county or within any of such counties or any adjoining
county, and may appropriate county moneys to such hospital or
hospitals, for the erection, construction and equipment of a
building or wing or unit for the care, isolation and treatment
of contagious disease cases. In any such contagious disease
hospital or building, wing or unit, provision shall be made
for the care and treatment of indigent persons and of persons
who are able to pay for their care and treatment in whole or
in part.
The county commissioners may in like manner join in
establishing, maintaining, equipping and operating a
contagious disease hospital with any municipality within the
county.
Section 2311. Plans and Specifications; Approval;
Construction.--Plans and specifications for any county or
joint county hospital or building, wing or unit at a general
hospital shall be prepared by the board or boards of
commissioners or at their instance, or by the general hospital
with which an agreement has been made, as the case may be,
which plans and specifications must be submitted to the
Secretary of Health of the Commonwealth. The cost of the
preparation of such plans shall be paid by the county or
counties so joining. Upon the approval of said plans and
specifications by the Secretary of Health of the Commonwealth,
any county or joint county contagious disease hospital may be
constructed and equipped in the same manner that any other
county buildings are constructed and equipped, and in the case
of a building, wing or unit at a general hospital, the same
shall be constructed and equipped by the authorities in charge
of the general hospital, as may be provided in the agreement
with the county or counties joining. But in either event, the
expense and cost of such erection, construction and equipment
and the cost of the site, if any, shall be paid by the board
or boards of commissioners out of county funds.
Section 2312. Expenses of Maintenance, Care and Treatment.-All expense incident to the maintenance and operation of any
such county or joint county contagious disease hospitals and
of buildings, wings and units at general hospitals shall be
paid by the county or counties so joining, as may be provided
in any agreement, out of county funds. The county or counties
so joining shall be liable for the cost of operating any such
county or joint county contagious disease hospital, and each
county shall separately be liable to pay the cost of the care
and treatment of its indigent patients and those unable to pay
the entire cost of care and treatment in such contagious
disease hospitals and in buildings, wings and units at general
hospitals, and for such purposes any county or the counties so
joining shall have power to appropriate county funds.
Section 2313. Administration of County and Joint County
Hospitals.--After any such county hospital is erected and
equipped and ready for occupancy, it shall be operated by and
under the authority of the county commissioners of the county
in the same manner that other county buildings and
institutions are operated, and in the case of joint county
hospitals, the operation shall be in the manner provided in
the agreement between the counties. All county or joint county
contagious disease hospitals heretofore erected and
constructed shall hereafter be maintained and operated in the
manner provided by this act.
Section 2314. County Agreements for Joint Contagious Disease
Hospitals, Buildings, Wings and Units.--Whenever the county
commissioners of two or more counties decide that a hospital
or a building, wing or unit at a general hospital for the care
and treatment of contagious diseases is necessary, they shall
enter into an agreement for such purposes and therein provide
how and in what proportions each county shall bear the
expenses incident to the construction, operation and
maintenance of the joint hospital, building, wing or unit for
contagious diseases.
Section 2315. County Hospital for Tuberculosis.--Whenever
one hundred or more citizens, residents of a county, petition
the county commissioners for the establishment of a county
hospital for the treatment of persons afflicted with
tuberculosis, the county commissioners shall, at the next
general or municipal election, submit to the voters of the
county the question whether or not the county shall establish
such a hospital. Such question shall be printed at the foot of
the ballot and shall be in the form provided by the general
laws for the submission of such question. The vote on such
question shall be counted, returned and computed in the manner
prescribed by the general election laws of the Commonwealth.
Section 2316. Power to Acquire Site.--If a majority of the
electors voting upon such question at such election shall vote
in favor of the establishment of such a hospital, the county
commissioners shall acquire a site for such hospital, either
by purchase or condemnation; in case such site shall be
acquired by condemnation, the procedure for the assessment of
damages for the property taken shall be as prescribed by
article XXVI of this act.
Section 2317. Advisory Board.--If a majority of the
electors voting upon such question at such election shall be
in favor of the establishment of a hospital, the court of
common pleas of the county shall immediately appoint an
advisory board of five members, all of whom shall be electors
of the county and one of whom shall be a licensed physician.
The members of said board shall be appointed, one for a term
of five years, one for a term of four years, one for a term of
three years, one for a term of two years, and one for a term
of one year, or until their successors are appointed and have
qualified. All appointments at the expiration of any term
shall be for a term of five years.
The board shall meet monthly and at such other times as it
may be deemed necessary. The board shall visit and inspect and
keep in close touch with the management and operation of said
hospital, and shall, from time to time, make such
recommendations and suggestions to the county commissioners
for changes or improvements in said management and operation
as may be deemed advisable. It shall also make an annual
report to the county commissioners concerning the management
and operation of said hospital.
The county commissioners shall, at the expense of the
county, provide a meeting place for said board, and furnish
all supplies and materials necessary to carry on its work.
The members of the board shall not receive any compensation
for their services but shall be allowed all actual and
necessary expenses incurred in the discharge of their duties,
which shall be paid by the county.
Section 2318. Site and Plans; Approval.--If a majority of
the electors voting upon such question at such election shall
be in favor of the establishment of the hospital, the county
commissioners shall, after consultation with the advisory
board, select a site for such hospital and shall have plans
and specifications prepared for such hospital, but no such
hospital shall be erected until such plans and specifications
and the site therefor have been first approved by the
Secretary of Health and the county controller.
Section 2319. Construction and Equipment.--Any such hospital
shall be constructed by contract or contracts let by the
county commissioners to the lowest responsible bidder, as
provided by this act, and when so constructed, the hospital
shall be equipped by the county commissioners, at the cost of
the county, in the same manner as other county buildings are
equipped.
Section 2320. Employes' Salaries.--The county commissioners
may, after consultation with the advisory board, employ a
superintendent and such physicians, nurses and other employes
as may be necessary to properly conduct and manage such
hospital. The compensation of such employes shall be fixed by
the salary board and such salaries shall be paid from the
county treasury.
Section 2321. Management.--The county commissioners shall
have power, after consulting with the advisory board, to make
general rules and regulations for the management of the
hospital, and shall have power to do all acts deemed necessary
to promote the usefulness of the hospital in the prevention of
tuberculosis.
Section 2322. Use of Hospital.--Every hospital established
under the provisions of this act shall be used for the benefit
of all inhabitants afflicted with tuberculosis resident within
the county in which the hospital is located, and all such
persons shall be entitled to occupancy, nursing, care,
treatment and maintenance according to the rules and
regulations prescribed by the county commissioners. The county
commissioners may exclude from the use of the hospital any
person who wilfully violates any rule or regulation adopted
for the hospital by said county commissioners. The county
commissioners may charge and collect, from persons admitted to
the hospital or persons legally responsible for their
maintenance, reasonable compensation for the care, treatment
and maintenance of such persons, but free treatment shall be
given to all such persons who are, after reasonable
investigation, found to be unable to pay.
Section 2323. Patients From Other Counties; Donations.--The
county commissioners may admit patients to said hospital who
are resident within any other county of the Commonwealth,
provided such other county agrees to reimburse the county in
which the hospital is located for all charges in connection
with the admission, maintenance, care and treatment of such
patients. Authority is hereby conferred upon all counties in
the State to pay to any other county in which such hospital is
located reasonable charges for patients cared for by said
hospital resident in the county paying such charges. All money
received from the care and maintenance of patients or from
gifts or donations shall be paid into the county treasury and
shall be used only for the maintenance of such hospitals.
County commissioners are authorized and empowered to receive
contributions, donations, property and trust funds for the
erection and maintenance of hospitals as provided in this act.
Section 2324. Appropriations; Tax Levy.--The advisory board
herein provided for shall, by December thirty-first of each
year, furnish to the county commissioners and the county
controller a schedule of expenses deemed necessary for the
maintenance and operation of the hospitals for the ensuing
year, and the county commissioners shall, after considering
the schedule submitted by the advisory board, annually make
appropriations deemed by them sufficient to properly manage
and operate said hospital. The county commissioners shall levy
a special tax sufficient to produce the moneys appropriated to
said hospital, which tax shall be collected in the same manner
as other county taxes and shall be paid into the county
treasury. All payments from the county treasury shall be made
by warrant of the county commissioners, countersigned by the
county controller.
Section 2325. Increase of Indebtedness.--The county
commissioners of every county establishing a hospital as
provided for in this act may incur or increase the
indebtedness of the county, in accordance with the Municipal
Borrowing Law, to an amount sufficient to pay the cost of
acquiring a site and of erecting, constructing and equipping
the said hospital, by issuing coupon bonds at a rate of
interest not exceeding six per centum and payable within
thirty years from the date of issue. The county commissioners
shall levy an annual tax in an amount necessary to pay
interest and sinking fund charges upon such bonds.
(c) County Health Aid to Institutions
and Political Subdivisions
Section 2330. Appropriations to Hospitals, Tuberculosis
Sanitaria and Homes.--The commissioners may appropriate moneys
for the support of any hospital located within or without the
limits of such county which is engaged in charitable work and
extends treatment and medical attention to residents of such
county, and may also appropriate moneys for the support of any
home or place of detention of dependent, delinquent and
neglected children located within the county, and may also
appropriate moneys for the support of any sanitarium for the
treatment of persons afflicted with tuberculosis located
within the Commonwealth of Pennsylvania, which sanitarium is
engaged in charitable work and extends treatment and medical
attention to residents of such county.
Section 2331. Appropriation to Society Maintaining
Tuberculosis Sanitorium for Indigent.--The commissioners may
appropriate to any duly incorporated society chartered to
maintain a sanitorium for the treatment therein of persons
suffering from tuberculosis so much money as may be necessary
for the maintenance of indigent persons, residents of the
county, who may be inmates of such sanitorium and under
treatment for tuberculosis. The commissioners shall at all
time have free access to such sanatorium for inspection of its
management and for the ascertainment of the number of indigent
persons receiving treatment therein.
Section 2332. Aid to Boroughs and Townships for Sewage
Purposes.-The board of county commissioners may appropriate
moneys from the county treasury to aid cities of the third
class, boroughs, incorporated towns or townships in the
construction or maintenance of sewers or sewage treatment
works, where such sewers and treatment works have been first
approved by the Sanitary Water Board of the State Department
of Health in the manner provided by law.
Section 2333. Aid to Townships for Water Systems.--The
county commissioners may appropriate moneys from the county
treasury to aid townships to construct or complete water
systems, where such water systems have been first approved by
the State Department of Health.
(d) Joint Management of County and
City Hospitals
Section 2350. Joint Management of Hospitals with Cities.--In
the county where the county seat is, within the limits of any
city, the county commissioners and the proper corporate
authorities of such city shall have the power and they are
hereby authorized to agree upon the administration,
management, maintenance, control and operation of any or all
city hospitals and institutions and of any or all county
hospitals and institutions within the county under one board
of managers, and to share the expenses thereof in such manner
and proportions as shall be agreed upon.
Section 2351. Board of Managers; Appointment and Terms.-The board of managers shall consist of seven members. Three
members, one of whom shall be a member of the board of county
commissioners, shall be appointed by the county commissioners.
Two members shall be appointed by the mayor of such city. One
member, who shall be a member of city council, shall be
appointed by the council of such city. One member shall be
appointed by the county commissioners and mayor jointly. In
acting on the appointment of such last member, the three
county commissioners together shall have one vote and the
mayor shall have one vote.
The members of the board shall be appointed for terms of
four years and shall serve without compensation.
The board shall organize each year by electing one of its
members chairman and another member secretary of the board.
Section 2352. Employes; Appointment; Salaries.--(a) The
board of managers shall employ a superintendent for each
hospital and institution under its control, and such medical,
surgical, nursing and other staffs and such other employes as
they deem necessary for the proper conduct of the activities
of the respective hospital or institution.
(b) All persons appointed by the board shall be qualified
according to standards, not inconsistent with law, adopted by
the board, and pursuant to such oral or written examinations
as the board shall prescribe. In so far as possible, vacancies
shall be filled by promotions from among the then employes of
the board.
(c) The salaries or other compensation of all appointees of
the board shall be fixed by the board, subject to the approval
and ratification by the salary board of the county and the
proper corporate authorities of the city, and shall be paid by
the county and city in such proportions as shall be agreed
upon by the county commissioners and such corporate
authorities.
Section 2353. Rules and Regulations.--The board of managers
shall, subject to the approval of the county commissioners of
the county and the proper corporate authorities of the city,
make such by-laws, rules and regulations for the management of
the several hospitals and institutions as it may deem
advisable.
Section 2354. Civil Service Act Not to Apply.--The right of
appointment by the board of managers of a superintendent for
each hospital and institution, surgical, nursing and other
staffs and other employes shall not be limited or restricted
in any manner by the requirements of the present civil service
act applicable to any city, nor shall any such act apply to
any person so appointed.
Section 2355. Hospitalization of Persons with Infectious
Diseases.--The county commissioners of the county are hereby
authorized to enter into contracts with the proper authorities
of any city within the county for the hospitalization of
persons suffering from any infectious disease and to make
appropriations for such purposes.
Article XXIV
Aeronautics
Section 2401. Authority to Establish Airports.--Subject to
the provisions of The Aeronautical Code, the county shall have
the right and authority to establish, construct and provide
for air navigation facilities in accordance with the
provisions of this article.
Section 2402. County May Hold or Acquire Lands for Air
Navigation and Terminal Facilities.--(a) The county may use for
the purpose of any air navigation and terminal facilities any
land within the county and owned by the county when the county
commissioners determine such land necessary for such purposes.
(b) The county may appropriate for the purpose of any air
navigation and terminal facilities any lands purchased by it
at any tax sale and not redeemed within the period of
redemption, if any, provided by law.
(c) The county may acquire by gift, lease, purchase or
condemnation proceedings any land lying within its territorial
limits or the territorial limits of any adjoining county
which, in the judgment of the county commissioners, may be
necessary and desirable for the purpose of establishing and
maintaining air navigation and terminal facilities or of
enlarging them, but no such land shall be so acquired in any
adjoining county without the assent of the county
commissioners thereof.
Section 2403. Condemnation Proceedings; Title.--The
proceedings for the condemnation of lands under the provisions
of this article and for the assessment of damages for property
taken, injured or destroyed shall be conducted in the same
manner as provided under Article XXVI.
The title acquired by virtue of any such condemnation may
be a title in fee simple or any lesser estate, including, but
not limited to, an easement for aviation or any other purpose.
(2403 amended Oct. 5, 1990, P.L.519, No.125)
Section 2404. Agreements for Air Navigation and Terminal
Facilities.--The county acquiring land for any air navigation
and terminal facilities may enter into agreements in the form
of a lease, permit, license, concession or otherwise for the
use of the same or part thereof, for an adequate
consideration, with any person or corporation desiring to use
the same for any air navigation and terminal purpose or of any
air navigation and terminal facility, or for any nonaviation
purpose; provided that all such agreements for nonaviation
purposes shall be for terms of less than fifty (50) years and
may involve only land designated in the county's airport
master plan as not needed for airport purposes within the term
of the lease, on such terms and subject to such conditions and
regulations as may be provided. The county may enter into a
contract in the form of a lease or otherwise providing for the
use of said land or any part thereof by the government of the
United States for air-mail delivery or other air navigation
and terminal purposes, upon nominal rental or without
consideration.
(2404 amended Dec. 10, 1982, P.L.1084, No.254)
Section 2405. Joint Operation; Leasing.--The county
acquiring land for any air navigation and terminal facilities
may operate and maintain such facilities jointly with any
city, county, borough, township or other political
subdivision, upon such terms and conditions as may be agreed
upon by the corporate officials thereof and the county
commissioners of the county, and such joint facilities may be
operated as hereinbefore provided upon the joint action of the
corporate officials involved and the county commissioners.
Section 2406. Engineering and Construction Appropriations.-The county acquiring any land for any air navigation and
terminal facilities may, by resolution of the board of
commissioners, appropriate such funds as are necessary for the
engineering design, surveys and construction of such
facilities, either wholly by themselves or in cooperation with
State, Federal or other public agencies supplying a portion of
the necessary funds for said work.
Section 2407. Contracts for Construction and Repairs.--In
establishing, maintaining and operating air navigation and
terminal facilities where construction and repair of roadways,
runways, buildings and facilities or the purchase thereof are
deemed necessary within or for use within the limits of land
acquired for such purpose, there shall be no necessity for
submission thereof to the court of quarter sessions of the
county, but contracts therefor shall be entered into as
provided in Article XX herein, and in the case of joint
establishment, operation and maintenance with any other
political subdivision, contracts relating thereto shall be
entered into as provided for the general business of any of
such participating political subdivisions.
Section 2408. Validation of Contracts.--Any contracts
heretofore entered into 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 of the county and entered into as
provided for the general business of the county or other
political subdivisions jointly interested, are hereby
ratified, confirmed, approved and declared lawful contracts.
Section 2409. Issuance of Non-Debt Revenue Bonds for
Aeronautical Facilities.--In addition to present methods of
financing the same, the county commissioners are empowered to
issue non-debt revenue bonds pursuant to provisions of the act
of June 25, 1941 (P.L.159), known as the "Municipal Borrowing
Law," and its amendments, to provide sufficient moneys for and
toward the acquisition, construction, reconstruction,
extension or improvement of aeronautical facilities, including
but not limited to airports, terminals, hangars, parking areas
and all other facilities either necessary thereto or
appropriate therefor, said bonds to be secured solely by the
pledge of the whole or part of the fees, rents, tolls or
charges derived from the ownership or operation of such
facilities or for the use or service of the same.
Said aeronautical facilities financed by the issuance of
non-debt revenue bonds as in this section provided may be
leased by the county, in whole or in part, to a lessee or
lessees for a period of years equal in time to the period of
maturity of the bonds so issued.
Included in the cost of the issue may be any costs and
expenses incident to constructing and financing the facilities
and selling and distributing the bonds.
(2409 added Dec. 21, 1967, P.L.875, No.388)
Article XXV
Grounds, Property and Buildings
(a) General Provisions
Section 2501. Title to Real Estate Vested in County.--The
title to all courthouses, jails, prisons and workhouses,
together with the lots of land thereunto belonging or
appertaining, and all other real property acquired or that may
hereafter be acquired by or for the use of the county, shall
be vested in the county for the use of the people thereof and
for no other use, except as hereinafter provided.
Section 2502. Insuring Buildings and Contents.--The county
commissioners may provide insurance against fire and extended
coverage against public liability and such other forms of
insurance, including insurance against burglary, as shall seem
proper to them for county buildings and the contents, real and
personal, thereof. The cost of such insurance shall be paid
from the general funds of the county.
Section 2503. Credit of County Available for Grounds and
Buildings.--In the acquisition, construction or alteration, as
the case may be, of land and buildings for county purposes,
the commissioners may issue bonds of the county, in accordance
with the Municipal Borrowing Law, to meet the costs thereof,
except as any other system of financing shall be expressly
provided by law.
(b) Acquisition, Use, Leasing and Disposing
Of Property for County
Section 2505. Acquiring and Using Real Property;
Exceptions.--(a) The county commissioners may purchase for not
more than fair market value, take by gift, devise or by the
power of eminent domain, in accordance with the provisions of
this act, such real property at the county seat or in such
other places, as may be authorized by law, as they deem
necessary for the purposes of a county courthouse, county
jail, prison, workhouse, detention house or other county
building, either in acquisition of a building suitable for
such purposes or in the construction of a new building, or in
the alteration, including enlargement, of an existing county
building. The fair market value of real property in the case
of a purchase valued in excess of ten thousand dollars
($10,000) shall be determined by the county commissioners in
consultation with two (2) of the following: the county
assessor, a licensed real estate broker or licensed real
estate appraiser doing business within the county. ((a)
amended Nov. 30, 2004, P.L.1439, No.186)
(b) The county commissioners may also use any real property
at the county seat or elsewhere, as authorized by law, owned
by the county, and deemed suitable by them for the purposes
aforesaid, except such property as is bound by contract to
another public use.
(c) The county commissioners may provide for the grading,
filling, draining, gardening and otherwise improving and
maintaining of all lands for county buildings, either by
contract or by county employes, as they deem proper.
(d) To the extent that any of the matters provided for
herein are otherwise specifically provided for by law, with
regard to any particular acquisitions of real property by
counties, either by tax sales or by other purchases, this
section shall not apply to such matters.
Section 2506. Authority to Sell or Lease Real Property.--(a)
The board of commissioners may sell for not less than the fair
market value or lease, either as lessor or lessee, any real
property belonging to the county or to others where the county
is lessee. If the commissioners know or have reason to believe
that the property to be sold contains oil, gas, coal, stone,
timber or other mineral or forest products of commercial
value, such knowledge or belief shall be advertised together
with the description of the land in at least two newspapers of
general circulation in the county once a week for three
consecutive weeks. The fair market value of real property in
the case of a sale valued in excess of ten thousand dollars
($10,000) shall be determined by the county commissioners in
consultation with two of the following: the county assessor, a
certified broker-appraiser or certified real estate appraiser
doing business within the county.
(a.1) (1) The provisions of subsection (a) shall not be
mandatory where county real property is to be sold to any of
the following:
(i) A city, borough, town, township, institution district,
school district, volunteer fire company, volunteer ambulance
service or volunteer rescue squad located within the county.
(ii) A municipal authority pursuant to 53 Pa.C.S. Ch. 56
(relating to municipal authorities).
(iii) A nonprofit corporation or limited partnership in
which a nonprofit corporation is a general partner and
managing agent engaged in community industrial, commercial or
affordable housing development or reuse for its exclusive use
for industrial, commercial or affordable housing development.
This exemption shall not apply to property owned and operated
by a county or subcontracted or operated on behalf of a county
in order to conduct existing government functions.
(iv) A person for his exclusive use in an industrial
development program.
(v) A nonprofit corporation organized as a public library
for its exclusive use as a library.
(vi) A nonprofit medical service corporation for its
exclusive use as a site for a medical service facility.
(vii) A nonprofit housing corporation for its exclusive use
for housing for the elderly or for low-income housing.
(viii) The Federal Government.
(ix) The Commonwealth.
(x) An authority pursuant to the act of August 23, 1967
(P.L.251, No.102), known as the "Economic Development
Financing Law."
(xi) A redevelopment authority pursuant to the act of May
24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment
Law."
(2) When the real property is to be sold or leased to a
qualified entity under this subsection, the commissioners may
elect to accept such nominal consideration for such sale as it
shall deem appropriate. Real property sold pursuant to this
subsection to any entity under this subsection, other than a
city, borough, town, township, institution district, school
district, municipal authority pursuant to 53 Pa.C.S. Ch. 56
located within the county, the Federal Government or the
Commonwealth shall be subject to the condition that when the
property is not used for the purposes of the entity the
property shall revert to the county.
(b) In the case of any lease of real property by the county
hereunder, such property, with any and all improvements or
additions thereon or thereto, shall, in the hands of the
lessee, be subject to taxation by such county and any other
municipal or political subdivision therein, in the same manner
as all other real estate located in such county, all of which
taxes shall be levied and assessed against and paid by the
lessee.
(c) This section shall not apply to leases or sales of
county property or other property which are otherwise
specifically provided for by law.
(d) This section shall not apply to sales to a nonprofit
corporation engaged in community industrial, commercial or
affordable housing development. Such conveyances or leases
shall be at the sole discretion of the county.
(2506 amended Dec. 9, 2002, P.L.1383, No.170)
Section 2506.1. Sale and Lease of Real Property to
Industrial Development Agencies.--(a) The county may sell to
any industrial development agency designated as such an
industrial development agency, 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," with or without consideration,
any lands, easements or rights in land, together with any
improvements, buildings or structures therein or thereon now
owned by the county or hereafter acquired by it for the
purpose of establishing or enlarging any commercial,
industrial or manufacturing enterprise or research and
development center within the county, and make with such
industrial development agency any and all agreements for the
industrial development of such lands, easements or rights in
lands, or may lease to any such industrial development agency
for a term not exceeding ninety-nine years at a nominal or
other rental, as may be determined, any or all lands,
easements or rights in lands, together with any improvements,
structures or buildings therein or thereon now owned by the
county or hereafter acquired by it for the purpose of
establishing or enlarging any commercial, industrial or
manufacturing enterprise, or research and development center
within the county.
(b) Any instrument of sale, lease or other agreement made
pursuant to this section 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.
(2506.1 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2506.2. Authority to Sell Certain Real Property and
Personal Property as a Single Unit.--Notwithstanding any other
provisions of law, whenever the board of commissioners
determines that the continued ownership and operation of an
institution for the care of dependents is economically
unfeasible, the county commissioners may sell the real
property belonging to the county and being used for such
purposes, together with all of the contents of personal
property used in connection with and incidental to the
operation of the institution, as a single unit. Any such sale
of real property and personal property as a single unit shall
be deemed a sale of real property only and shall comply only
with the provisions of this act relating to the sale of real
property.
(2506.2 added Nov. 30, 2004, P.L.1439, No.186)
Section 2507. Conveyance and Lease of Real Estate.--The
commissioners shall make and acknowledge a deed or lease of
any real estate belonging to the county which they are
authorized to sell or lease, under their hands and seals as
commissioners, with the seal of the county attached, and the
same shall be a good and lawful conveyance in fee simple or
lease.
Section 2508. Conveyances to General State Authority.--The
county may grant, assign and convey to the General State
Authority, with or without consideration, any lands, easements
or rights in lands, together with any improvements, buildings
or structures therein or thereon, now owned by such county or
hereafter acquired by it, needed or convenient as a site for a
county courthouse, or may lease to the Authority, for a term
not exceeding ninety-nine years, at a nominal or such other
rental as may be determined, any or all such lands, easements
or rights in lands, together with any improvements, structures
or buildings therein or thereon.
Section 2509. Leasing from General State Authority.--The
county may enter into contracts with the General State
Authority to lease as lessee from the Authority any county
courthouse or any improvement thereto and the furnishings and
equipment thereof, constructed by the Authority, for a term
not exceeding thirty years, at such rental or rentals as may
be determined by the Authority. Upon the completion of such
county courthouse or improvements and the furnishings and
equipment thereof, the county may lease the same as lessee
from the Authority for a term, not exceeding thirty years, at
such rental or rentals as may be determined by the Authority.
Section 2510. Acquisition of Lands for Conveyance to General
State Authority.--The county may acquire lands or interests in
lands by purchase, gift or condemnation, which may be required
to carry out the purposes of the two sections immediately
preceding.
Section 2511. Sale of Personal Property; Demolition and
Removal of County Buildings.--(a) (1) The county commissioners
may sell at private sale any county owned personal property
valued by the controller at not more than one thousand dollars
($1,000), or at public sale, under conditions prescribed by
the commissioners, any county owned personal property valued
in excess of that amount.
(2) The provisions of this section shall be construed to
allow:
(i) County property to be traded in or exchanged for new
personal property.
(ii) The sale of personal property with real property as a
single unit.
(b) Whenever any county owned building is deemed by the
county commissioners to be no longer suitable for use by the
county, they may cause it to be demolished or removed from its
location by such means or in such manner as they deem to be in
the public interest.
(2511 amended Nov. 30, 2004, P.L.1439, No.186)
(c) Construction or Alteration of County
Buildings
Section 2515. Authority for Constructing County Buildings.-Whenever the board of commissioners are authorized and
required to erect a courthouse, jail or other county building,
they shall submit the plans and specifications adopted by them
to the court of common pleas for its approval. Upon approval,
the county commissioners shall let the work by contract to the
lowest responsible bidder, in accordance with the provisions
of this act.
Section 2516. Right to Build on Public Squares.--Whenever
the courthouse, jail or other building of the county is
located upon a public square or common in the city, borough or
township, then being the county seat, and a new building is
authorized and required to be erected in place of such
courthouse, jail or other building, the board of county
commissioners may erect such new building upon any other of
the public squares or commons of said city, borough or
township, or upon any part thereof, if the council of the
city, borough or township shall have first consented to such
new location for said building.
Section 2517. Separate Specifications and Contracts for
Certain Items.--(a) In the preparation of specifications for
the erection, construction and alteration of any public
building, when the entire cost of such work shall exceed the
base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 112, the
architect, engineer or other person preparing such
specifications shall prepare separate specifications for the
plumbing, heating, ventilating and electrical work. The board
of commissioners shall receive separate bids upon each of the
said branches of work and award the contract for the same to
the lowest responsible bidder for each of said branches. ((a)
amended Nov. 3, 2011, P.L.360, No.89)
(b) Notwithstanding the separate specification provisions
of subsection (a), an authority organized under the act of
August 23, 1967 (P.L.251, No.102), known as the Economic
Development Financing Law, which is engaged to erect,
construct or alter a public purpose facility for the county
may elect to use an alternative contracting procedure as
follows:
(1) The authority may, in its sole discretion, elect to use
an alternative contracting procedure for a project involving
selected public purpose facilities. If the authority elects to
utilize an alternative contracting procedure, its board shall
adopt a resolution that the use of an alternative contracting
procedure is the most efficient, economical and timely method
to proceed with a project. Upon adoption of a resolution, the
authority shall request written proposals from proposers for a
project involving selected public purpose facilities under an
alternative contracting method. In its request for proposals,
the authority shall include such terms, conditions and
requirements which it deems necessary to protect the authority
and the interests of the public.
(2) In reviewing and evaluating the proposals for a project
involving selected public purpose facilities, the authority
shall, in addition to compliance with the terms, conditions
and requirements set forth in the request for proposals,
consider the following criteria:
(i) the cost of the project;
(ii) experience of the proposer;
(iii) adherence to the act of March 3, 1978 (P.L.6, No.3),
known as the Steel Products Procurement Act;
(iv) adherence to prevailing wage laws and other work force
standards; and
(v) commitment to enter into voluntary contracts with
disadvantaged business enterprises. After due consideration of
proposals under the criteria described in this paragraph, the
authority may, in its discretion, upon recommendation of its
designee or project end user, select a proposal and award a
contract to a responsible proposer under an alternative
contracting procedure. The award of a contract for the project
need not be awarded to the lowest priced proposer.
(3) Any contract awarded under this subsection shall be
exempt from the act of May 1, 1913 (P.L.155, No.104), entitled
"An act regulating the letting of certain contracts for the
erection, construction, and alteration of public buildings,"
or from any subsequent enactment or reenactment of
substantially similar separate bid specification requirements.
(4) As used in this section, the following words and
phrases shall have the meanings given to them in this
subsection:
(i) 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. Such aspects or phases of development may include,
but not necessarily be limited to, the planning, design,
finance, construction and management of property.
(ii) Design/build contract. A construction contract in
which the contractor is responsible for both the design and
construction of any public structure, building or other public
improvement of any kind to any public real property.
(iii) 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.
(iv) Project or project involving a selected public purpose
facility. 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.
(v) Project end user. The governmental body or entity that
will use the selected public purpose facility under a contract
or lease with the authority.
(2517 amended Dec. 9, 2002, P.L.1383, No.170)
Compiler's Note: Section 6 of Act 89 of 2011, which amended
subsec. (a), provided that Act 89 shall apply to
contracts and purchases advertised on or after January 1
of the year following the effective date of section 6.
Section 2518. Additional Bond to Protect Labor and
Materialmen on Contracts.--(a) (Deleted by amendment)
(b) (Deleted by amendment)
(c) (Deleted by amendment)
(d) (Deleted by amendment)
(e) Unless covered under the bonding requirements of the act
of December 20, 1967 (P.L.869, No.385), known as the "Public
Works Contractors' Bond Law of 1967," for construction
contracts awarded for amounts between twenty-five thousand
dollars ($25,000) and one hundred thousand dollars ($100,000),
the successful bidder shall furnish a bond guaranteeing
performance of the contract, in an amount as determined by the
board of commissioners at the time of advertising for bids
which shall be not less than ten per centum nor more than one
hundred per centum of the amount of the contract, within
thirty (30) days after the contract is awarded. When a
construction contract is awarded in excess of one hundred
thousand dollars ($100,000), the following bonds shall be
delivered to the county and shall be binding on the parties
upon the execution of the contract:
(1) A performance bond executed by a surety company
authorized to do business in this Commonwealth and made
payable to the county in an amount as determined by the county
commissioners at the time of advertising for bids which shall
be not less than fifty per centum nor more than one hundred
per centum of the price specified in the contract and
conditioned upon the faithful performance of the contract in
accordance with the plans, specifications and conditions of
the contract.
(2) A payment bond executed by a surety company authorized
to do business in this Commonwealth and made payable to the
county in an amount equal to one hundred per centum of the
price specified in the contract and conditioned upon the
prompt payment for all materials furnished or labor supplied
or performed in the prosecution of the work. Labor or
materials include public utility services and reasonable
rentals of equipment for the periods when the equipment is
actually used at the site.
(f) A performance bond shall be solely for the protection of
the county. A payment bond shall be solely for the protection
of claimants supplying labor or materials to the prime
contractor to whom the contract was awarded or to any of its
subcontractors in the prosecution of the work provided for in
the contract, whether or not the labor or materials
constitutes a component part of the construction.
(g) Nothing in this section shall be construed to limit the
authority of the commissioners to require a performance bond,
payment bond or other security in addition to those bonds or
in circumstances other than specified in subsection (e).
(h) Actions on payment bonds shall be pursuant to the
following:
(1) Subject to paragraph (2), any claimant who has performed
labor or furnished material in the prosecution of the work
provided for in any contract for which a payment bond has been
given under subsection (e) and who has not been paid in full
before the expiration of ninety (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) Any claimant who has a direct contractual relationship
with any subcontractor of the prime contractor who gave the
payment bond but has no contractual relationship, express or
implied, with the prime contractor may bring an action on the
payment bond only if it has given written notice to the
contractor within ninety (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 with
substantial accuracy the amount and the name of the person for
whom the work was performed or to whom the material was
furnished.
(3) Notice shall be served by registered mail in an envelope
addressed to the contractor at any place where its office is
regularly maintained for the transaction of business or served
in any manner in which legal process may be served in the
manner provided by law for the service of a summons except
that the service need not be made by a public officer.
(i) The dollar threshold set forth in subsection (e) 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
December 31 of each year.
(2518 amended Nov. 30, 2004, P.L.1439, No.186)
Compiler's Note: Section 10 of Act 385 of 1967 provided that
Act 230 is repealed insofar as it is inconsistent with
Act 385.
Section 2519. Compliance with Workmen's Compensation Law.-(a) All contracts executed by the board of commissioners which
shall involve the construction or doing of any work involving
the employment of labor shall contain a provision that the
contractor shall accept, in so far as the work covered by any
such contract is concerned, the provisions of the act of June
2, 1915 (P.L.736, No.338), known as the "Workers' Compensation
Act," and any reenactments, supplements or amendments thereto,
and that the said contractor will insure his liability
thereunder or file with the board of commissioners a
certificate of exemption from insurance from the Department of
Labor and Industry of the Commonwealth.
(b) The board of commissioners, before signing on behalf of
the county any contract, requiring in its performance the
employment of labor, shall require proof that the said
contractor with whom the contract is made shall have accepted
the Workers' Compensation Act and any reenactments,
supplements or amendments thereto, and proof that the said
contractor has insured his liability thereunder in accordance
with the terms of said act or that the contractor has had
issued to him a certificate of exemption from insurance from
the Department of Labor and Industry.
(c) Any contract executed in violation of the provisions of
this section shall be null and void.
(2519 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2520. Restrictions on Letting Contracts to
Architects and Engineers.--(2520 repealed Nov. 30, 2004,
P.L.1439, No.186)
(d) Policing, Administration and Public
Order of Grounds and Buildings
Section 2525. Buildings and Grounds to be Kept in Order and
Repair.--The commissioners shall keep and maintain the public
buildings of the county in suitable and convenient order and
repair and shall keep the grounds about county buildings in
proper condition and appearance.
Section 2526. Watchman and Employes.--The commissioners may
appoint one or more officers or watchmen to guard and protect
the county buildings and to enforce the provisions of this act
and other laws relating thereto. Such officers or watchmen
shall have power to arrest on view any person violating the
same.
The commissioners shall employ all janitors, firemen,
engineers, mechanics, laborers and caretakers of all county
buildings and grounds.
Section 2527. 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 on the public buildings of any county.
Section 2528. Buildings and Improvements of Workhouses and
Inebriate Asylums.--The county commissioners are hereby
authorized and directed, for the purpose of enabling any
corporation and body politic having the control and management
of a workhouse and inebriate asylum as established under
existing law to acquire lands or buildings or to erect
buildings or construct or make any improvements that may be
deemed necessary by such corporation, to issue bonds and to
sell and dispose of the same in the manner provided by law and
pay over the proceeds thereof to the said corporation for any
of the purposes aforesaid.
Section 2529. Disorderly Conduct In and About Courthouses
and Jails Prohibited.--It is unlawful for any person to cause
any outcry or disorder, or be guilty of any indecent or
unbecoming conduct tending to disturb the peace and good
order, in the county courthouse, jail or other county
buildings, or to wilfully or carelessly defile, deface or
injure the floors, walls or any other portion of said
buildings, or fences or railings surrounding the same, or the
carpets, furniture or other articles or things used in or
about said buildings, belonging to the county. Any person
violating any of the provisions of this section commits a
summary offense and, upon conviction, shall make restitution
for damages arising therefrom.
(2529 amended Nov. 30, 2004, P.L.1439, No.186)
(e) Special Provisions for Temporary County
Buildings and for Rooms in County Buildings
Section 2535. Temporary Courthouse.--(2535 repealed Apr. 28,
1978, P.L.202, No.53)
Section 2536. Separate Rooms for Women Jurors.--(2536
repealed Apr. 28, 1978, P.L.202, No.53)
Section 2536.1. Scope.--Except as otherwise provided for,
this subdivision shall apply only to counties of the second
class.
(2536.1 added Oct. 30, 2001, P.L.818, No.80)
Section 2537. Room or Building for Juvenile Offenders
Waiting Trial.--The county 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 children under the age of sixteen years who may be in
custody awaiting trial or hearing in the courts of the county,
and provide for the maintenance and care of such children
while in custody.
(2537 amended Oct. 30, 2001, P.L.818, No.80)
Section 2538. Management of Houses for Detention of
Juveniles; Appointment of Board; Ex-officio Members.--Advisory
oversight for the management of houses for the detention and
reception of juveniles under the age of sixteen years awaiting
trial, hearing or judicial investigation, heretofore or
hereafter established under existing law to which this is a
supplement or its amendment or under the provision of any
other law of the Commonwealth, shall be in a board of advisors
consisting of the county chief executive, the county
controller, and eight private citizens, three to be appointed
by the president judge of the court of common pleas and the
other five to be appointed by the county chief executive. The
chief executive and the controller may appoint persons to act
as their designees for the purpose of attending meetings of
the board and the designees shall have the right to vote at
such meetings. The private citizen members of the board shall
not be officers or employes of the county. The members of the
board or boards of managers existing in the county shall
remain as members of the board or boards of advisors created
herein until the expiration of the terms to which they were
respectively appointed. Annually thereafter, they or their
successors shall be appointed for a term of three years.
Vacancies occurring in the membership of the board shall be
filled for the unexpired term by the county chief executive or
the president judge of the court of common pleas depending
upon who originally appointed the board member. The members of
the board shall serve without compensation.
(2538 amended Oct. 30, 2001, P.L.818, No.80)
Compiler's Note: Section 8 of Act 80 of 2001, which amended
section 2538, provided that actions taken prior to the
effective date of Act 80 by the board constituted under
section 2538 are hereby ratified.
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 2538 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(b) (relating to
equality of rights based on sex).
Section 2539. Appointment and Compensation of Employes.-The county manager may appoint a director and such additional
staff members as may be necessary, whose salaries shall be
paid by the county. The number and compensation of such
employes shall be fixed by the county manager.
(2539 amended Oct. 30, 2001, P.L.818, No.80)
Section 2540. Annual Report; Expenses.--The board of
advisors shall annually report to the county manager and
Department of Budget and Finance, on or before the first day
of September, the amount of money recommended for the
maintenance of such house or houses of detention. The county
council shall make an annual appropriation for the payment of
the expenses of administering such house or houses of
detention. Expenses incurred in the performance of duties by
the board of advisors shall be itemized and presented with
vouchers to the county controller for payment, and a semiannual report thereof shall be made to the county chief
executive and county council. All expenses in connection with
the management and administration of any such house of
detention shall be paid by the county in the manner provided
by law for the payment of county obligations.
(2540 amended Oct. 30, 2001, P.L.818, No.80)
Section 2541. Appropriation and Bond Issues.--The county
council shall have power and authority, for the purpose of
housing such children, to appropriate money from the public
funds or to issue bonds in the manner provided by law for the
purchase of lands or erecting, constructing and equipping a
building or buildings thereon.
(2541 amended Oct. 30, 2001, P.L.818, No.80)
Section 2542. Rooms for Justices and Judges.--(2542 repealed
Apr. 28, 1978, P.L.202, No.53)
Section 2543. Furnishing Rooms for Meetings of Certain
Veterans and of Sons of Veterans.--(a) The commissioners may in
their discretion, upon application therefor, furnish to each
organization composed of veterans of the Spanish-American War,
veterans of World War I and of World War II, or of any other
war in which the United States engaged, and Sons of Union
Veterans, a room or rooms in any public building of such
county, sufficient for the meeting of each of such
organizations at least once each month.
(b) This section shall apply to counties of the second class
and second class A.
(2543 amended Oct. 30, 2001, P.L.818, No.80)
(e.1) Special Provisions for Temporary County Buildings
and for Rooms in County Buildings in Counties of the
Second Class A
(Hdg. added Oct. 30, 2001, P.L.818, No.80)
Section 2543.1. Scope.--This subdivision shall apply only
to counties of the second class A.
(2543.1 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.2. Room or Building for Juvenile Offenders
Waiting Trial.--The commissioners shall provide, furnish and
heat within the county a separate room or rooms or a suitable
building to be used exclusively for the confinement of any and
all children under the age of sixteen years who may be in
custody awaiting trial or hearing in the courts of the county
and provide for the maintenance and care of such children
while in custody.
(2543.2 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.3. Management of Houses for Detention of
Juveniles; Appointment of Board; Ex-officio Members.--The
management of houses for the detention and reception of
juveniles under the age of sixteen years awaiting trial,
hearing or judicial investigation, heretofore or hereafter
established under existing law to which this is a supplement
or its amendment or under the provision of any other law of
the Commonwealth, shall be in a board of managers consisting
of three county commissioners, the county controller, and six
private citizens, three to be appointed by the president judge
of the court of common pleas and the other three to be
appointed by the chairman of the board of county
commissioners. The commissioners and the controller may
appoint persons to act as their designees for the purpose of
attending meetings of the board, and the designees shall have
the right to vote at such meetings. The private citizen
members of the board shall not be officers or employes of the
county. The members of the board or boards of managers
existing in the county shall remain as members of the board or
boards of managers created herein until the expiration of the
terms to which they were respectively appointed. Annually
thereafter, they or their successors shall be appointed for a
term of three years. Vacancies occurring in the membership of
the board shall be filled for the unexpired term by the
chairman of the board of county commissioners or the president
judge of the court of common pleas depending upon who
originally appointed the board member. The members of the
board shall serve without compensation.
(2543.3 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.4. Appointment and Compensation of Employes.-The board of managers may appoint a superintendent and such
additional staff members as may be necessary, whose salaries
shall be paid by the county. The number and compensation of
such employes shall be fixed by the salary board of the
county.
(2543.4 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.5. Annual Report; Expenses.--The board of
managers shall annually report to the county commissioners, on
or before the first day of November, the amount of money
required for the maintenance of such 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 such house or houses of detention.
Expenses incurred in the performance of duties by the board of
managers shall be itemized and presented with vouchers to the
county commissioners for payment, and a semi-annual report
thereof shall be made to the county commissioners. All
expenses in connection with the management and administration
of any such house of detention shall be paid by the county in
the manner provided by law for the payment of county
obligations.
(2543.5 added Oct. 30, 2001, P.L.818, No.80)
Section 2543.6. Appropriation and Bond Issues.--The county
commissioners shall have power and authority, for the purpose
of housing such children, to appropriate money from the public
funds or to issue bonds in the manner provided by law for the
purchase of lands or erecting, constructing and equipping a
building or buildings thereon.
(2543.6 added Oct. 30, 2001, P.L.818, No.80)
(f) Improvement of Streets Along County
Buildings; Street Lighting
Section 2545. Joining With Municipality in Improving Certain
Streets and Highways.--(a) The board of commissioners of the
county may erect public buildings in any municipality. The
county may join with the proper authorities of such
municipality in the grading, regrading, paving, re-paving and
improvement of so much of the streets and highways as are in,
upon or alongside of the grounds upon which said public
buildings stand.
(b) The commissioners may enter into contract with any such
municipality for the payment of a just proportion of the
expense of said grading, re-grading, paving, re-paving and
improvement of said streets and highways, and may appropriate
from the county treasury sufficient funds for this purpose.
They may act with any committee or committees which may be
appointed by such municipality to establish grades, determine
the kind and quality of paving materials to be used, and
ratify the contracts entered into by said municipality in the
course of said improvements.
(c) No obligation shall rest upon the county for any
proportion of the expenses of such improvements until the
selection of grades and paving materials and the acceptance of
bids by said municipality shall have been ratified by the
board of commissioners.
(2545 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2546. Ornamental Illumination.--(a) Whenever the
courthouse, jail, workhouse or other public building of the
county abuts upon the street of a city or borough which is the
county seat and which shall provide for the ornamental
illumination of that section of the street whereon the county
building abuts, the county commissioners of the county may
appropriate moneys from the county funds towards the
installation of such ornamental illumination.
(b) The appropriation by the county commissioners of the
county for such purpose shall not exceed the amount that shall
be assessed for such ornamental illumination upon owners of an
equivalent frontage of property abutting upon said street,
measured by the foot front rule.
(g) Comfort Stations, Parks and
Comfort Houses
Section 2550. Parks and Comfort Houses.--(a) The
commissioners may purchase land to be used for park purposes
or for the erection thereon of public comfort houses. The land
purchased for such purposes shall lie within the limits of the
county. The county may erect and maintain on the land such
buildings as are necessary to fulfill the purpose for which
the land was acquired.
(b) The commissioners may adopt reasonable rules and
regulations necessary for preservation, management and control
of parks and public comfort houses so established and
maintained, and provide penalties for the breach thereof. All
rules adopted by the board of commissioners shall, before
becoming operative, be published once a week for three
consecutive weeks in a newspaper of general circulation in the
county.
(c) Any person violating any rules so adopted shall be
guilty of a summary offense.
(2550 amended Nov. 30, 2004, P.L.1439, No.186)
(h) Monuments and Memorials
Section 2555. Monuments and Memorials to War Veterans.--The
commissioners may appropriate money for and provide for the
erection of monuments or memorials commemorating the services
of any person who has served in the armed forces of the United
States or in any women's organization officially connected
therewith during any part of any war or armed conflict in
which the United States has been or may hereafter be engaged.
(2555 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2556. Assistance to Private or Municipal Agencies.-The commissioners may, in order to prevent duplication,
appropriate money to assist any individual, private
corporation, city, borough or township in the erection of any
monument or memorial for said soldiers, sailors and marines.
(2556 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2557. Erection or Completion of Monuments and
Memorials on Petition to Court.--(2557 repealed Nov. 30, 2004,
P.L.1439, No.186)
Section 2558. Election on Memorial Hall; Purchase or
Condemnation of Site.--(2558 repealed Nov. 30, 2004, P.L.1439,
No.186)
Section 2559. Existing Building May be Used.--If the site so
secured has a hall or building already erected thereon which
can be altered and improved so as to be made suitable for such
memorial hall, the board of commissioners may acquire such
site, in manner aforesaid, for the purpose of a memorial hall.
Section 2560. Donations.--For the purpose of aiding in
paying the purchase money and price for the site and erection
and construction of such memorial hall, voluntary donations
and contributions may be accepted by the board of
commissioners from individuals, associations and
organizations.
Section 2561. Maintenance of Hall.--Such memorial hall shall
be and remain the property of and shall be maintained at the
expense of the county.
Section 2562. Plan of Hall; Special Rooms to be Provided.-(a) The memorial hall shall be in honor of the soldiers,
sailors and marines from the county who served in the Army and
Navy of the United States in any war in which the United
States has been or may hereafter be engaged. Such memorial
halls shall each contain one large assembly room or auditorium
for public meetings of the soldiers, sailors and marines of
such county, which may be used also for other public meetings
and patriotic gatherings by the consent of the board of
control herein provided for.
(b) Such memorial hall shall also contain rooms for meetings
of posts of the Grand Army of the Republic, encampments of the
Union Veterans Legion, commanderies of the Loyal Legion, camps
of the Sons of Veterans, Women's Relief Corps, Ladies of the
Grand Army of the Republic, chapters of the Daughters of the
Revolution, organizations of the Spanish-American War and
Philippine insurrection, the American Legion, Veterans of
Foreign Wars, and organizations of veterans of all other wars
in which the United States has or may be engaged, and also
rooms for such committees of public defense and welfare as may
be created by the State, or as may be approved by the board of
control hereinafter provided for.
(c) Such memorial halls shall also provide room for the
display and preservation of relics and trophies of all wars in
which the United States has been or may be engaged,
photographs, paintings and portraits, busts and statues of the
soldiers, sailors and marines of the county, and mural tablets
upon which shall be inscribed the names of such soldiers,
sailors and marines. Such memorial halls shall also contain
waiting and rest rooms with lavatories attached.
Section 2563. Historical Society Room to be Made Fireproof.-The room for the county historical society shall be made as
nearly fireproof as possible, and be provided with the proper
files and furnishings for preservation and storing of all
historical data of the said county with reference to any and
all subjects.
Section 2564. Board of Managers.--When heretofore there has
been erected in the county a hall as a memorial to the
soldiers of any war or wars in which the United States of
America was engaged and such hall has been and is maintained
by said county under authority of existing laws, such hall
shall hereafter be under the control and management of a board
of managers. The personnel of such board, the method of
selection of the members thereof, and the extent of its
authority shall be as hereinafter provided.
Section 2565. Personnel.--The board of managers shall
consist of:
(a) Ex-officio members (five): the president judge of the
court of common pleas of such county; the judge of said court
next oldest in commission; the county commissioners of the
county.
(b) Elective members (twenty-three): the elective members
shall be filled by the following veterans' organizations out
of their membership: (four) by the county organization of the
American Legion; (four) by the county organization of the
Veterans of Foreign Wars; (three) by the county organizations
of the Italian American War Veterans of the United States,
Incorporated; (two) by the county organization of the Disabled
American Veterans; (ten: one each) by the county organizations
of Vietnam Veterans, Incorporated, the American Veterans of
World War II, the Jewish War Veterans, the Catholic War
Veterans, the Military Order of the Purple Heart, the
Paralyzed Veterans of America, the Korean War Veterans
Association, the Black Vietnam Veterans Association, the WAVES
National Organization and the Military Order of World Wars;
within thirty days from the date when this act becomes
effective; and they shall certify such election to the
secretary of the existing board, whereupon the persons so
elected shall be members of the board.
(c) Additional members: the board may extend its membership
by adding one member for each group approved under section
2566.
(2565 amended May 20, 1997, P.L.149, No.12)
Section 2566. Vacancies.--Vacancies occurring among the
elective members of the board shall be filled by the
organization which chose the members whose place it is desired
to fill: Provided, however, That whenever it may appear that
it is impossible to fill any vacancy in the board caused by
the death or resignation of a member thereof because no
organization survives to choose such members or no person
survives who can qualify for such membership, vacancies so
created and existing shall, upon notice from the secretary, be
filled by the county organizations of the American Legion and
the Veterans of Foreign Wars and the Italian American War
Veterans of the United States, Incorporated. That is to say,
the first vacancy so caused shall be filled by the county
organization of the American Legion, and the second by the
county organization of the Veterans of Foreign Wars, and the
third by the Italian American War Veterans of the United
States, Incorporated, and so on in rotation. If there is a
loss of membership on the board or if an additional veterans'
group seeks membership on the board, the General Assembly
shall consider any veterans' group which applies in writing
for membership. The General Assembly may admit a group to
membership if all of the following apply:
(1) The group is a chartered non-profit veterans'
organization whose goals are relevant to the representation of
veterans' organizations and whose membership consists solely
of honorably discharged veterans of the armed forces of the
United States and all components of the armed forces,
including reserve and Pennsylvania National Guard forces.
(2) The group supports and promotes the Constitution of the
United States and policies and laws of the United States and
this Commonwealth.
(2566 amended May 20, 1997, P.L.149, No.12)
Section 2567. Organization; Powers and Duties of Board.--The
organization of the board and its powers and duties and the
powers and the duties of the county commissioners and the
various courts of the county with respect to such memorial
hall and the provisions for the maintenance and repair of such
hall shall be and continue as provided under existing law.
Section 2568. Purpose of Hall.--Said memorial hall shall be
in memory of the soldiers, sailors and marines from such
county who served in the Civil War. It shall also contain one
large assembly hall or auditorium for public meetings of the
soldiers, sailors and marines of such county, but which may be
used for civic purposes or other public meetings. It shall
also contain rooms for meetings of the posts of the Grand Army
of the Republic, encampments of the Union Veterans Legion,
commanderies of the Loyal Legion, posts of United Spanish War
Veterans, posts of the American Legion, posts of the Veterans
of Foreign Wars, posts of the Italian American War Veterans of
the United States, Incorporated, and kindred patriotic
organizations. It shall also contain rooms and places for the
proper display and preservation of relics and trophies of all
such wars, insurrections and expeditions, flags, histories,
rosters and records of all such patriotic organizations,
regimental and company histories, photographs, paintings and
portraits, busts and statues of soldiers, sailors and marines
of such county, and mural tablets upon which may be inscribed
the names of the soldiers, sailors and marines of such county
who served in any such wars, insurrections and expeditions.
(2568 amended June 19, 1961, P.L.463, No.232)
Section 2569. Flagstaff to be Erected; Display of Flag.--A
suitable flagstaff shall be erected upon said memorial hall
from which shall be displayed the flag of the United States
from sunrise to sunset on each and every day of the year.
Section 2570. Purchase or Condemnation of Additional Land;
Equipment, Furnishing and Decorating.--In any county in which
there has been or may hereafter be erected a memorial hall in
honor of the soldiers, sailors or marines from such county who
served in any war in which the United States has been or may
be hereafter engaged, upon petition of at least fifty (50)
citizens to the court of quarter sessions setting forth that
it is necessary or desirable to acquire additional land
adjoining that upon which said memorial hall is erected to
enhance and preserve the beauty and character of said memorial
hall and the object had in its erection, or that it is
necessary or desirable to equip, furnish and decorate said
memorial hall, or both, the court shall lay said petition
before the grand jury then or next sitting for their approval.
If said petition shall be approved by said grand jury, it
shall be certified back to the court. If no exceptions thereto
are filed within ten (10) days from the date upon which said
petition was certified back to the court, or if exceptions are
filed and are dismissed, the court shall confirm said petition
absolutely, and thereupon the court may make an order
authorizing the board of commissioners to acquire, by purchase
or condemnation, such additional land, or to equip, furnish
and decorate said memorial hall, or both. The cost to said
county of acquiring such additional land shall not exceed a
sum equal to one-fourth (1/4) of the total cost of said
memorial hall and the land upon which said memorial hall has
been erected, and the cost to said county of equipping,
furnishing and decorating said memorial hall shall not exceed
a sum equal to one-twelfth (1/12) of the total cost of said
memorial hall and the land upon which said memorial hall has
been erected.
Section 2571. Tax Levy; Increase of Indebtedness.--The board
of commissioners may provide the funds with which to pay for
the ground purchased or condemned and the erection thereon of
a memorial hall, or the acquiring of additional land, or for
the equipping, furnishing and decorating of said memorial
hall, by the levying and collecting of a tax upon the taxable
persons and property within said county, and by increasing the
indebtedness of said county according to law, and by issuing
and selling bonds. Such bonds shall be payable in not more
than ten (10) years from their date, and shall be in such
form, upon such terms and in such denominations as the said
commissioners may deem best.
Section 2572. Preservation, Maintenance, Repair and
Completion of Public Monuments.--The board of commissioners
may preserve, maintain and repair any public monument in the
county other than in cemeteries, including the enclosed public
ground surrounding the monument, and appropriate moneys for
such purposes. In any case where any public monument referred
to in this section has been partially completed either in
construction or payment, the board of commissioners may
appropriate money for the purpose of such completion.
(i) Public Auditoriums, Public Libraries,
Public Memorial Buildings and Monuments
Section 2577. Acquiring of Property.--(a) Counties shall
have power to take by gift, purchase or acquire through
condemnation proceedings, property for the purpose of erecting
thereon public auditoriums, public libraries, public memorial
buildings and monuments.
All proceedings for the condemnation of any property under
the provisions of this section shall be in the manner and
subject to the restrictions and procedure provided by law.
(b) Counties may appropriate money from the public funds or
by issuance of bonds in accordance with 53 Pa.C.S. Pt. VII
Subpt. B (relating to indebtedness and borrowing) for the
erection on said property taken, purchased or acquired through
condemnation proceedings, public auditoriums, public
libraries, public memorial buildings and monuments. They may
appropriate moneys for the operation and maintenance of such
public auditoriums, public libraries, memorials, buildings and
monuments. ((b) amended Nov. 30, 2004, P.L.1439, No.186)
Section 2578. Rental of Auditoriums.--Counties, in case of
public auditoriums, may charge a rental for the use of said
auditoriums. All moneys derived from rental of said
auditoriums shall first be devoted to the maintenance of said
auditorium, and any annual balance accruing therefrom shall be
turned over to the county funds for the general uses and
purposes of said county.
Section 2579. Consent of City or Borough.--(2579 repealed
Nov. 30, 2004, P.L.1439, No.186)
(j) Orphans' and Childrens' Homes
Section 2583. Donations to Orphans' or Childrens' Homes.-The board of commissioners may receive from time to time
donations, gifts, legacies, endowments, devises and conveyance
or conveyances of property, real or personal, that may be
given or granted for the use and purpose of providing a home
within the county for the keeping and care of indigent orphans
and children dependent upon the public of such county for
support.
Section 2584. Management and Control of Orphans' Home.--Any
such orphans' home shall be under the management and control
of the board of commissioners of the county, and they are
hereby authorized to appoint a superintendent and such
assistants as may be necessary to properly conduct the affairs
of such home.
Section 2585. Admission to Home.--Indigent orphans and
children shall be committed to any such home on order of the
board of commissioners.
Section 2586. Maintenance of Children's Home.--When any
property has been given or granted to any such county for a
children's home and a home is duly established, the county may
thereafter appropriate from the county funds moneys for the
support and maintenance of such orphans and children and for
the payment of the salary of the superintendent and his
assistants.
(k) Morgues
Section 2590. Authority to Provide; Approval.--The county
commissioners of each county may buy or lease land and
construct and maintain thereon, at the expense of the county,
a morgue for the reception and care of the bodies of all
unclaimed deceased persons upon whom it may be necessary to
hold a coroner's inquest and such other bodies as the coroner
of the county may, by written order, direct to be received
therein. The location of such morgue shall be determined by
the county commissioners, subject to the approval of the
coroner of the county.
(2590 amended Nov. 30, 2004, P.L.1439, No.186)
(l) Warehouses
Section 2595. Acquisition of Property for Warehouse
Purposes.--(a) It shall be lawful for and the right and power
is hereby conferred upon the county to enter upon, take, use
and appropriate by the right of eminent domain, and to acquire
by purchase, lease, gift, devise or otherwise, private
property for the purpose of erecting thereon a suitable
building or buildings for warehouses for the housing of
machinery, tools, equipment, vehicles and the storage of
materials for the maintenance of roads, highways, bridges and
tunnels, whenever the county commissioners thereupon shall, by
resolution, determine thereon.
(b) The compensation and damages, when not agreed upon,
shall be ascertained, determined, awarded and paid in a manner
provided in this act.
(c) In every case of the taking of private property by
eminent domain thereunder, the county shall acquire the entire
title, either in fee or otherwise, held by the owner or owners
of said property, or of any interest therein.
(d) For the purpose of acquiring such property and the
erection thereon of the buildings aforesaid, the county
commissioners may borrow money and issue bonds therefor in
accordance with present or future laws relating to the
issuance of bonds for roads, highways, tunnels and bridges.
ARTICLE XXV-A
SPORTS AND EXHIBITION AUTHORITY
(Art. added Oct. 30, 2000, P.L.616, No.85)
Section 2501-A. Short Title.--This article shall be known
and may be cited as the Sports and Exhibition Authority Act.
(2501-A added Oct. 30, 2000, P.L.616, No.85)
Section 2502-A. Definitions.--The following words and
phrases when used in this article shall have the meanings
given to them in this section unless the context clearly
indicates otherwise:
"Authority." A body politic and corporate created pursuant
to this article.
"Board." The governing body of the Authority.
"Bonds." Notes, bonds and other evidence of indebtedness or
obligations which the Authority is authorized to issue
pursuant to section 2505-A.
"City." A city of the second class which is located in a
county of the second class.
"Construct." To acquire and to construct, all in such
manner as may be deemed desirable.
"Construction." Acquisition and construction.
"County." A county of the second class in which a city of
the second class is located.
"Federal agency." The United States of America, the
President of the United States of America and any department
or corporation, agency or instrumentality heretofore or
hereafter created, designated or established by the United
States of America.
"Improve." To enlarge and to improve, all in such manner as
may be deemed desirable.
"Improvement." Enlargement and improvement.
"Municipal authorities." The governing bodies of the county
or the council of the city.
"Municipality." Any county, city, town, borough, township
or school district of the Commonwealth.
"Project." Any structure, facility or undertaking which the
Authority is authorized to acquire, construct, improve,
maintain or operate under the provisions of this article.
"Public auditorium." Any structure appropriate for large
public assemblies, the holding of conventions, sporting
tournaments, athletic contests and exhibitions, musical and
dramatic performances and other business, social, cultural,
scientific and recreational events and all facilities
necessary or incident thereto, including provisions for
adequate off-street parking. Nothing herein contained shall be
construed to prohibit the constructing, on sites acquired
adjacent to and in connection with such structures and
facilities, of improvements, buildings and other structures
for the purpose of producing revenues to assist in defraying
the costs of operation, maintenance and debt service of the
project.
(2502-A added Oct. 30, 2000, P.L.616, No.85)
Section 2503-A. Method of Incorporation.--(a) Whenever the
municipal authorities of any county or of any city, singly or
jointly (including a county-city joinder), shall desire to
organize an Authority under this article, they shall adopt a
resolution or ordinance signifying their intention to do so.
Thereafter, the municipal authorities of such county or city
shall cause a notice of such resolution or ordinance to be
published at least one time in the legal periodical of the
county or counties in which such Authority is to be organized
and at least one time in a newspaper published and of general
circulation in such county or counties. Said notice shall
contain a brief statement of the substance of said resolution
or ordinance, including the substance of the proposed articles
of incorporation, making reference to this article, and shall
state that on a day certain, not less than three (3) days
after publication of said notice, articles of incorporation of
the proposed Authority will be filed with the Secretary of the
Commonwealth. No county or city shall be required (any law to
the contrary notwithstanding) to make any other publication of
such resolution or ordinance under the provision of existing
law. The aforesaid publication of such notice shall be
sufficient compliance with such laws.
(b) On or before the day specified in said notice, the
municipal authorities shall file with the Secretary of the
Commonwealth articles of incorporation, together with proof of
publication of the notice as aforesaid. Said articles of
incorporation shall set forth the name of the Authority; a
statement that such Authority is formed under this article;
the name of the incorporating city or county, together with
the names and addresses of its municipal authorities; and the
names, addresses and term of office of the first members of
the board of said Authority. If a joint authority, the
articles shall specify which members are to be appointed by
the respective county or city. All of which matter shall be
determined in accordance with the provisions of this article.
Said articles of incorporation shall be executed by each
incorporating city or county by its proper officers and under
its municipal seal.
(c) If the Secretary of the Commonwealth finds that the
articles of incorporation conform to law, he shall forthwith,
but not prior to the day specified in the aforesaid notice,
endorse his approval thereon and, when all proper fees and
charges have been paid, shall file the articles and issue a
certificate of incorporation to which shall be attached a copy
of the approved articles. Upon the issuance of such
certificate of incorporation by the Secretary of the
Commonwealth, the corporate existence of said Authority shall
begin. Said certificate of incorporation shall be conclusive
evidence of the fact that such Authority has been
incorporated, but proceedings may be instituted by the
Commonwealth to dissolve any Authority which shall have been
formed without substantial compliance with the provisions of
this section.
(d) When the Authority has been organized and its officers
elected, the secretary shall certify to the Secretary of the
Commonwealth the names and addresses of its officers as well
as the principal office of the Authority. Any change in the
location of the principal office shall likewise be certified
to the Secretary of the Commonwealth within ten (10) days
after such change.
(2503-A added Oct. 30, 2000, P.L.616, No.85)
Section 2504-A. Amendment of Articles.--(a) An Authority,
in the manner hereinafter provided, may from time to time
amend its articles:
(1) To adopt a new name.
(2) To add a provision therein increasing its term of
existence to a date not exceeding fifty (50) years from the
date of approval of the articles of amendments or to modify
any provision thereof limiting its terms of existence by
increasing such term to such a date.
(3) To reapportion the representation on the board of the
Authority and to revise the terms of office of such members,
all in such manner as shall not be inconsistent with the
provisions of section 2508-A.
(b) Every amendment to the articles shall first be proposed
by the board by the adoption of a resolution setting forth the
proposed amendment and directing that it be submitted to the
municipal authorities of the county or city composing the
Authority. The resolution shall contain the language of the
proposed amendment to the articles by providing that the
articles shall be amended so as to read as therein set forth
in full, or that any provision thereof be amended so as to
read as therein set forth in full, or that the matter stated
in the resolution be added to or stricken from the articles.
After the amendments have been submitted to the county or
city, such county or city shall adopt or reject such amendment
by resolution or ordinance.
(c) After an amendment has been adopted by the county or
city, articles of amendment shall be executed under the seal
of the Authority and verified by two duly authorized officers
of the corporation and shall set forth:
(1) The name and location of the registered office of the
Authority.
(2) The act of assembly under which the Authority was
formed and the date when the original certificate of
incorporation was issued.
(3) The resolution or ordinance of the county or city
adopting the amendment.
(4) The amendment adopted by the county or city, which
shall be set forth in full.
(d) The Authority shall advertise its intention to file
articles of amendment with the Secretary of the Commonwealth
in the manner prescribed in section 2503-A in the case of the
formation of an Authority. Advertisements shall appear at
least three (3) days prior to the day upon which the articles
of amendment are presented to the Secretary of the
Commonwealth and shall set forth briefly:
(1) The name and location of the registered office of the
Authority.
(2) A statement that the articles of amendment are to be
filed under the provisions of this article.
(3) The nature and character of the proposed amendment.
(4) The time when the articles of amendment will be filed
with the Secretary of the Commonwealth.
(e) The articles of amendment and proof of the
advertisement heretofore required shall be delivered by the
Authority or its representative to the Secretary of the
Commonwealth. If the Secretary of the Commonwealth finds that
such articles conform to law, he shall forthwith, but not
prior to the day specified in the advertisement required
heretofore, endorse his approval thereon and, when all fees
and charges have been paid, shall file the articles and issue
to the Authority or its representative a certificate of
amendment to which shall be attached a copy of the approved
articles.
(2504-A added Oct. 30, 2000, P.L.616, No.85)
Section 2505-A. Purposes and Powers; General.--(a) Every
Authority incorporated under this article shall be a public
body, corporate and politic, exercising public powers of the
Commonwealth as an agency thereof, and shall be for the
purpose of acquiring, holding, constructing, improving,
maintaining and operating, owning, leasing, either in the
capacity of lessor or lessee, public auditoriums, the purpose
and interest of this article being to benefit the people of
the Commonwealth by, among other things, increasing their
commerce and prosperity and promoting their educational,
cultural, physical, civic, social and moral welfare.
(b) Every Authority is hereby granted and shall have and
may exercise all powers necessary or convenient for the
carrying out of the aforesaid purpose, including, but without
limiting the generality of the foregoing, the following rights
and powers:
(1) To have existence for a term of fifty (50) years and
for such further period or periods as may be provided in
articles of amendment approved under section 2504-A hereof.
(2) To sue and be sued, implead and be impleaded, complain
and defend in all courts.
(3) To adopt, use and alter at will a corporate seal.
(4) To acquire, purchase, hold, receive, lease as lessee
and use any franchise, property, real, personal or mixed,
tangible or intangible, or any interest therein, necessary or
desirable for carrying out the purpose of the Authority, and
to sell, lease as lessor, permit the use of, transfer and
dispose of any property or interest therein or any project or
part thereof, at any time acquired or constructed by it.
(5) To acquire by purchase, lease or otherwise and to
construct, improve, maintain, repair and operate projects.
(6) To make bylaws for the management and regulation of its
affairs.
(7) To appoint agents, employes and servants, to prescribe
their duties and to fix their compensation.
(8) To fix, alter, charge and collect rentals, admissions,
license fees and other charges for the purpose of providing
for the payment of the expenses of the Authority, the
construction, improvement, repair, maintenance and operation
of its facilities and properties, the payment of the principal
of and interest on its obligations and to fulfill the terms
and provisions of any agreements made with the purchasers or
holders of any such obligations or with the incorporating
county or city.
(9) To borrow money, make and issue negotiable notes,
bonds, refunding bonds and other evidences of indebtedness or
obligations (herein called "bonds") of the Authority, said
bonds to have a maturity date not longer than forty (40) years
from the date of issue, except that no refunding bonds shall
have a maturity date later than the life of the Authority, and
to secure the payment of such bonds or any part thereof by
pledge or deed of trust of all or any of its revenues and
receipts and to make such agreements with the purchasers or
holders of such bonds or with others in connection with any
such bonds, whether issued or to be issued, as the Authority
shall deem advisable, and, in general, to provide for the
security for said bonds and the rights of the holders thereof.
(10) To make contracts of every name and nature and to
execute all instruments necessary or convenient for the
carrying on of its business.
(11) Without limitation of the foregoing, to borrow money
and accept grants from, and to enter into contracts, leases,
licenses or other transactions with, any Federal agency, the
Commonwealth, municipality, private person, association,
partnership, corporation or authority created under this or
any other act of the General Assembly of Pennsylvania.
(12) To have the power of eminent domain.
(13) To pledge, hypothecate or otherwise encumber all or
any of the revenues or receipts of the Authority as security
for all or any of the obligations of the Authority.
(14) To do all acts and things necessary or convenient for
the promotion of its business and the general welfare of the
Authority to carry out the powers granted to it by this
article or any other acts.
(15) To enter into contracts of group insurance for the
benefit of its employes and to set up a retirement or pension
fund for such employes.
(c) The Authority shall have no power at any time or in any
manner to pledge the credit or taxing power of the
Commonwealth or any political subdivision, nor shall any of
its obligations be deemed to be obligations of the
Commonwealth or of any of its political subdivisions, nor
shall the Commonwealth or any political subdivision thereof be
liable for the payment of principal of or interest on such
obligations.
(2505-A added Oct. 30, 2000, P.L.616, No.85)
Section 2506-A. Purposes and Powers; Bonds.--(a) The bonds
of any Authority hereinabove referred to and authorized to be
issued shall be authorized by resolution of the board thereof
and shall be of such series, bear such date or dates, mature
at such time or times not exceeding forty (40) years from
their respective dates, bear interest at such rate or rates
payable semi-annually, be in such denominations, be in such
form, either coupon or fully registered without coupons, carry
such registration exchangeability and interchangeability
privileges, be payable in such medium of payment and at such
place or places, be subject to such terms of redemption not
exceeding one hundred five per centum of the principal amount
thereof and be entitled to such priorities in the revenues or
receipts of such Authority as such resolution or resolutions
may provide. The bonds shall be signed by such officers as the
Authority shall determine, and coupon bonds shall have
attached thereto interest coupons bearing the facsimile
signature of the treasurer of the Authority, all as may be
prescribed in such resolution or resolutions. Any such bonds
may be issued and delivered notwithstanding that one or more
of the officers signing such bonds or the treasurer whose
facsimile signature shall be upon the coupon or any thereof
shall have ceased to be such officer or officers at the time
when such bonds shall actually be delivered.
(a.1) Said bonds may be sold at public or private sale for
such price or prices as the Authority shall determine. Pending
the preparation of the definitive bonds, interim receipts may
be issued to the purchaser or purchasers of such bonds and may
contain such terms and conditions as the Authority may
determine.
(b) Any resolution or resolutions authorizing any bonds may
contain provisions, which shall be part of the contract with
the holders thereof, as to all of the following:
(1) Pledging the full faith and credit of the Authority,
but not of the Commonwealth or a political subdivision, for
such obligations or restricting the same to all or any of the
revenues of the Authority from all or any projects or
properties.
(2) The construction, improvement, operation, extension,
enlargement, maintenance and repair of the project and the
duties of the Authority with reference thereto.
(3) The terms and provisions of the bonds.
(4) Limitations on the purposes to which the proceeds of
the bonds then or thereafter to be issued or of any loan or
grant by the United States may be applied.
(5) Admissions, rentals and other charges for use of the
facilities of the Authority.
(6) The setting aside of reserves or sinking funds and the
regulation and disposition thereof.
(7) Limitations on the issuance of additional bonds.
(8) The terms and provisions of any deed of trust or
indenture securing the bonds or under which the same may be
issued.
(9) Any other or additional agreements with the holders of
the bonds.
(c) Any Authority may enter into any deeds of trust,
indentures or other agreements with any bank or trust company
or other person or persons in the United States having power
to enter into the same, including any Federal agency, as
security for such bonds, and may assign and pledge all or any
of the revenues or receipts of the Authority thereunder. Such
deed of trust, indenture or other agreement may contain such
provisions as may be customary in such instruments or as the
Authority may authorize, including, but without limitation,
provisions as to the construction, improvement, operation,
maintenance and repair of any project and the duties of the
Authority with reference thereto; the application of funds and
the investing and safeguarding of funds on hand or on deposit,
including provisions for the investing and deposit of funds in
or secured by such obligations as may be lawful for investment
by executors, administrators, guardians, trustees and other
fiduciaries under the laws of this Commonwealth; the rights
and remedies of said trustee and the holders of the bonds,
which may include restrictions upon the individual right of
action of such bondholders; and the terms and provisions of
the bonds or the resolutions authorizing the issuance of the
same. Said bonds shall have all the qualities of negotiable
instruments under 13 Pa.C.S. Div. 3 (relating to negotiable
instruments).
(2506-A added Oct. 30, 2000, P.L.616, No.85)
Section 2507-A. Remedies of Bondholders.--(a) The rights
and the remedies herein conferred upon or granted to the
bondholders shall be in addition to and not in limitation of
any rights and remedies lawfully granted to such bondholders
by the resolution or resolutions providing for the issuance of
bonds or by any deed of trust, indenture or other agreement
under which the same may be issued. In the event that the
Authority shall default in the payment of principal or
interest on any of the bonds after the said principal or
interest shall become due, whether at maturity or upon call
for redemption, and such default shall continue for a period
of thirty (30) days or in the event that the Authority shall
fail or refuse to comply with the provisions of this article
or shall default in any agreement made with the holders of the
bonds, the holders of twenty-five per centum in aggregate
principal amount of the bonds then outstanding, by instrument
or instruments filed in the office of the recorder of deeds of
the county and proved or acknowledged in the same manner as a
deed to be recorded, may appoint a trustee to represent the
bondholders for the purpose herein provided.
(b) Such trustee and any trustee under any deed of trust,
indenture or other agreement may, and upon written request of
the holders of twenty-five per centum (or such other
percentage as may be specified in any deed of trust, indenture
or other agreement aforesaid) in principal amount of the bonds
then outstanding shall, in his or its own name:
(1) by mandamus or other suit, action or proceeding, at law
or in equity, enforce all rights of the bondholders, including
the right to require the Authority to collect rents, rentals
and other charges adequate to carry out any agreement as to or
pledge of the revenues or receipts of the Authority and to
require the Authority to carry out any other agreements with
or for the benefit of the bondholders and to perform its and
their duties under this article;
(2) bring suit upon the bonds;
(3) by action or suit in equity, require the Authority to
account as if it were the trustee of an express trust for the
bondholders;
(4) by action or suit in equity, enjoin any acts or things
which may be unlawful or in violation of the right of the
bondholders; or
(5) by notice in writing to the Authority, declare all
bonds due and payable, and if all defaults shall be made good,
then with the consent of the holders of twenty-five per centum
(or such other percentage as may be specified in any deed of
trust, indenture or other agreement aforesaid) of the
principal amount of the bonds then outstanding, to annul such
declaration and its consequences.
(c) The court of common pleas of the county shall have
jurisdiction of any suit, action or proceedings by the trustee
on behalf of the bondholders. Any trustee, when appointed as
aforesaid or acting under a deed of trust, indenture or other
agreement and whether or not all bonds have been declared due
and payable, shall be entitled as of right to the appointment
of a receiver who may enter and take possession of the
facilities of the Authority or any part or parts thereof, the
revenues or receipts from which are or may be applicable to
the payment of the bonds so in default, and operate and
maintain the same and collect and receive all rentals and
other revenues thereafter arising therefrom in the same manner
as the Authority or the board might do, and shall deposit all
such moneys in a separate account and apply the same in such
manner as the court shall direct. In any suit, action or
proceeding by the trustee, the fees, counsel fees and expenses
of the trustee and of the receiver, if any, and all costs and
disbursements allowed by the court shall be a first charge on
any revenues and receipts derived from the facilities of the
Authority, the revenues and receipts from which are or may be
applicable to the payment of the bonds so in default. Said
trustee shall, in addition to the foregoing, have and possess
all of the powers necessary or appropriate for the exercise of
any functions specifically set forth herein or incident to the
general representation of the bondholders in the enforcement
and protection of their rights.
(d) Nothing in this section or any other section of this
article shall authorize any receiver appointed pursuant to
this article for the purpose of operating and maintaining any
facilities of the Authority to sell, assign, mortgage or
otherwise dispose of any of the assets, of whatever kind and
character, belonging to the Authority. It is the intention of
this article to limit the powers of such receiver to the
operation and maintenance of the facilities of the Authority
as the court shall direct, and no holder of bonds of the
Authority nor any trustee shall ever have the right in any
suit, action or proceedings, at law or in equity, to compel a
receiver, nor shall any receiver ever be authorized or any
court be empowered to direct the receiver, to sell, assign,
mortgage or otherwise dispose of any assets, of whatever kind
or character, belonging to the Authority.
(2507-A added Oct. 30, 2000, P.L.616, No.85)
Section 2508-A. Governing Body.--(a) The powers of each
Authority shall be exercised by a board:
(1) The board shall be composed of seven members, all of
whom must be residents of the county organizing the Authority
or the county wherein the city organizing the Authority is
located.
(2) The county executive or the mayor of the city shall
appoint the members of the board.
(3) A member who serves on the board under the act of July
29, 1953 (P.L.1034, No.270), known as the "Public Auditorium
Authorities Law," shall continue to serve until the conclusion
of the member's term.
(4) Vacancies created under this section on a joint countycity Authority shall be filled by appointment of one member by
the county executive and by appointment of one member by the
mayor of the city. The initial terms of members appointed
under this paragraph shall commence on January first next
succeeding the effective date of this article. The initial
terms of members appointed under this paragraph shall be: one
member appointed by the mayor shall serve for five (5) years
and one member appointed by the county executive shall serve
for four (4) years.
(5) When a vacancy has occurred or is about to occur by
reason of the expiration of the term of any member, the county
executive or mayor, as the case may be, shall appoint a member
of the board for a term of five (5) years to succeed the
member whose term has expired or is about to expire.
(6) Appointments, in the case of a joint county-city
Authority, shall be apportioned in the following manner: three
members to be appointed by the county executive; three members
to be appointed by the mayor; and the seventh member to be
appointed by concurring action of the county executive and the
mayor. Members of the board may be removed at the will of the
appointing power, and, in the case of a joint county-city
Authority, the seventh member may be removed at will by either
of the appointing powers.
(b) Members shall hold office until their successors have
been appointed and may succeed themselves. A member shall
receive no compensation for his services but shall be entitled
to the necessary expenses, including traveling expenses,
incurred in the discharge of his duties. If a vacancy shall
occur by reason of the death, disqualification, resignation or
removal of a member, the appointing power shall appoint a
successor to fill his unexpired term.
(c) The members of the board shall select from among
themselves a chairman, a vice chairman and such other officers
as the board may determine. The board may employ a secretary,
an executive director, its own counsel and legal staff and
such technical experts and such other agents and employes,
permanent or temporary, as it may require, and may determine
the qualifications and fix the compensation of such persons.
Four members of the board shall constitute a quorum for its
meetings. Members of the board shall not be liable personally
on the bonds or other obligations of the Authority, and the
rights of creditors shall be solely against such Authority.
The board may delegate to one or more of its agents or
employes such of its powers as it shall deem necessary to
carry out the purposes of this article, subject always to the
supervision and control of the board. The board shall have
full authority to manage the properties and business of the
Authority and to prescribe, amend and repeal bylaws, rules and
regulations governing the manner in which the business of the
Authority may be conducted and the powers granted to it may be
exercised and embodied.
(2508-A added Oct. 30, 2000, P.L.616, No.85)
Section 2509-A. Moneys of the Authority.--All moneys of any
Authority, from whatever source derived, shall be paid to the
treasurer of the Authority. Said moneys shall be deposited in
the first instance by the treasurer in one or more banks or
trust companies, in one or more special accounts, and each of
such special accounts, to the extent the same is not insured,
shall be continuously secured by a pledge of direct
obligations of the United States of America, of the
Commonwealth or of the county or city creating the Authority,
having an aggregate market value, exclusive of accrued
interest, at all times at least equal to the balance on
deposit in such account. Such securities shall either be
deposited with the treasurer or be held by a trustee or agent
satisfactory to the Authority. All banks and trust companies
are authorized to give such security for such deposits. The
moneys in said accounts shall be paid out on the warrant or
other order of the chairman of the Authority or of such other
person or persons as the Authority may authorize to execute
such warrants or orders. Every Authority shall have at least
an annual examination of its books, accounts and records by a
certified public accountant. A copy of such audit shall be
delivered to the county or city creating the Authority. A
concise financial statement shall be published annually at
least once in a newspaper of general circulation in the county
or city where the principal office of the Authority is
located. If such publication is not made by the Authority, the
county or city shall publish such statement at the expense of
the Authority. If the Authority fails to make such an audit,
then the controller, auditors or accountant designated by the
county or city are hereby authorized and empowered from time
to time to examine, at the expense of the Authority, the
accounts and books of the Authority, including its receipts,
disbursements, contracts, leases, sinking funds, investments
and any other matters relating to its finances, operation and
affairs. The Attorney General shall have the right to examine
the books, accounts and records of any Authority.
(2509-A added Oct. 30, 2000, P.L.616, No.85)
Section 2510-A. Transfer of Existing Facilities or Funds
and the Making of Annual Grants to Authority.--(a) Any
municipality or owner may and they are hereby authorized to
sell, lease, lend, grant, convey, transfer or pay over to any
Authority, with or without consideration, any project or any
part or parts thereof, or any interest in real or personal
property, or any funds available for building, construction or
improvement purposes, including the proceeds of bonds
previously or hereafter issued for building, construction or
improvement purposes, which may be used by the Authority in
the construction, improvement, maintenance or operation of any
project, and any municipality is hereby empowered to issue
general obligation bonds for the purpose of providing funds
for the building, construction or improvement of a public
auditorium and transferring said funds to an Authority created
under this article.
(b) Any municipality may and it is hereby authorized to
make annual grants from current revenues to the Authority to
assist in defraying the costs of operation, maintenance and
debt service of the project and to enter into long-term
agreements providing for the payment of the same.
(2510-A added Oct. 30, 2000, P.L.616, No.85)
Section 2511-A. Competition in Award of Contracts.--(a) All
construction, reconstruction, repairs or work of any nature
made by any Authority, where the entire cost, value or amount
of such construction, reconstruction, repairs or work,
including labor and materials, shall exceed the base amount of
eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section 112, except construction,
reconstruction, repairs or work done by employes of said
Authority or by labor supplied under agreement with any
Federal or State agency with supplies and materials purchased,
as hereinafter provided, shall be done only under contract or
contracts to be entered into by the Authority with the lowest
responsible bidder upon proper terms, after due public notice
has been given asking for competitive bids hereinafter
provided. No contract shall be entered into for construction
or improvement or repair of any project or portion thereof
unless the contractor shall give an undertaking, with a
sufficient surety or sureties approved by the Authority and in
an amount fixed by the Authority, for the faithful performance
of the contract. All such contracts shall provide, among other
things, that the person or corporation entering into such
contract with the Authority will pay for all materials
furnished and services rendered for the performance of the
contract and that any person or corporation furnishing such
materials or rendering such services may maintain an action to
recover for the same against the obligor in the undertaking as
though such person or corporation was named therein, provided
the action is brought within one (1) year after the time the
cause of action accrued. Nothing in this section shall be
construed to limit the power of the Authority to construct,
repair or improve any project or portion thereof or any
addition, betterment or extension thereto directly by the
officers, agents and employes of the Authority or otherwise
than by contract. ((a) amended Nov. 3, 2011, P.L.360, No.89)
(b) All supplies and materials costing the base amount of
eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section 112, or more shall be purchased only
after due advertisement as hereinafter provided. The Authority
shall accept the lowest bid or bids, kinds, quality and
material being equal, but the Authority shall have the right
to reject any or all bids or select a single item from any
bid. The provisions as to bidding shall not apply to the
purchase of patented and manufactured products offered for
sale in a non-competitive market or solely by a manufacturer's
authorized dealer. ((b) amended Nov. 3, 2011, P.L.360, No.89)
(b.1) Written or telephonic price quotations from at least
three (3) qualified and responsible contractors shall be
requested for all contracts that exceed the base amount of ten
thousand dollars ($10,000), subject to adjustment under
section 112, but are less than the amount requiring
advertisement and competitive bidding, or, in lieu of price
quotations, a memorandum shall be kept on file showing that
fewer than three (3) qualified contractors exist in the market
area within which it is practicable to obtain quotations. A
written record of telephonic price quotations shall be made
and shall contain at least the date of the quotation, the name
of the contractor and the contractor's representative, the
construction, reconstruction, repair, maintenance or work
which was the subject of the quotation and the price. Written
price quotations, written records of telephonic price
quotations and memoranda shall be retained for a period of
three (3) years. ((b.1) amended Nov. 3, 2011, P.L.360, No.89)
(c) The terms, advertisement or due public notice, wherever
used in this section, shall mean a notice published at least
ten (10) days before the award on any contract in a newspaper
of general circulation published in the municipality where the
Authority has its principal office, and if no newspaper is
published therein then by publication in a newspaper in the
county where the Authority has its principal office: Provided,
That such notice may be waived where the Authority determines
an emergency exists and such supplies and materials must be
immediately purchased by the said Authority.
(d) No member of the Authority or officer or employe
thereof shall, either directly or indirectly, be a party to or
be in any manner interested in any contract or agreement with
the Authority for any matter, cause or thing whatsoever, by
reason whereof any liability or indebtedness shall in any way
be created against such Authority. If any contract or
agreement shall be made in violation of the provision of this
section, the same shall be null and void and no action shall
be maintained thereon against such Authority.
(e) Subject to the aforesaid, any Authority may (but
without intending by this provision to limit any powers of
such Authority) enter into and carry out such contracts or
establish or comply with such rules and regulations concerning
labor and materials and other related matters, in connection
with any project or portion thereof, as the Authority may deem
desirable or as may be requested by any Federal agency that
may assist in the financing of such project or any part
thereof: Provided, however, That the provisions of this
section shall not apply to any case in which the Authority has
taken over by transfer or assignment any contract authorized
to be assigned to it under the provisions of section 2510-A,
nor to any contract in connection with the construction of any
project which the Authority may have had transferred to it by
any person or private corporation.
(f) Every contract for the construction, reconstruction,
alteration, repair, improvement or maintenance of public works
shall comply with the provisions of the act of March 3, 1978
(P.L.6, No.3), known as the "Steel Products Procurement Act."
(g) Every contract for the construction, reconstruction,
alteration, repair, improvement or maintenance of public works
shall comply with the provisions of the act of August 15, 1961
(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
Act."
(h) An Authority shall not evade the provisions of this
section as to advertising for bids or purchasing materials or
contracting for services piecemeal for the purpose of
obtaining prices under the base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 112, upon transactions which should, in the exercise
of reasonable discretion and prudence, be conducted as one
transaction amounting to more than the base amount of eighteen
thousand five hundred dollars ($18,500), subject to adjustment
under section 112. This provision is intended to make unlawful
the practice of evading advertising requirements by making a
series of purchases or contracts each for less than the
advertising requirement price or by making several
simultaneous purchases or contracts each below said price when
in either case the transaction involved should have been made
as one transaction for one price. ((h) amended Nov. 3, 2011,
P.L.360, No.89)
(i) Any member of the Authority who votes to unlawfully
evade the provisions of this section and who knows that the
transaction upon which he so votes is or ought to be a part of
a larger transaction and that it is being divided in order to
evade the requirements as to advertising for bids commits a
misdemeanor of the third degree for each contract entered into
as a direct result of that vote.
(2511-A added Oct. 30, 2000, P.L.616, No.85)
Compiler's Note: Section 6 of Act 89 of 2011, which amended
subsecs. (a), (b), (b.1) and (h), provided that Act 89
shall apply to contracts and purchases advertised on or
after January 1 of the year following the effective date
of section 6.
Section 2512-A. Acquisition of Lands.--The Authority shall
have the power to acquire by purchase or eminent domain
proceedings either the fee or such right, title, interest or
easement in such lands as the Authority may deem necessary for
the purpose mentioned in this article: Provided, however, That
no property owned or used by the United States, the
Commonwealth, any political subdivision thereof, or any body
politic and corporate organized as an "authority" under any
law of the Commonwealth or by any agency or any of them, nor
any property of a public service company, property used for
burial purposes, places of public worship, shall be taken
under the right of eminent domain. The right of eminent domain
shall be exercised by the Authority in the manner provided by
law for the exercise of such right by municipalities of the
same class as the municipality by which such Authority was
organized. In the case of a joint authority, right of eminent
domain shall be exercised by the Authority in the same manner
as is provided by law for the exercise of such right by
municipalities of the same class as the municipality in which
the right of eminent domain is to be exercised, except that
where the right is to be exercised in a city located in a
county and both are members of the Authority, the law
established for the city shall govern.
(2512-A added Oct. 30, 2000, P.L.616, No.85)
Section 2513-A. Use of Projects.--The use of the facilities
of the Authority and the operation of its business shall be
subject to the rules and regulations from time to time adopted
by the Authority: Provided, however, That the Authority shall
not be authorized to do anything which will impair the
security of the holders of the obligations of the Authority or
violate any agreements with them or for their benefit.
(2513-A added Oct. 30, 2000, P.L.616, No.85)
Section 2514-A. Limitation of Powers.--The Commonwealth
does hereby pledge to and agree with any person, firm or
corporation or Federal agency subscribing to or acquiring the
bonds to be issued by the Authority for the construction,
extension, improvement or enlargement of any project or part
thereof that the Commonwealth will not limit or alter the
rights hereby vested in the Authority until all bonds at any
time issued, together with the interest thereon, are fully met
and discharged. The Commonwealth does further pledge to and
agree with the United States and any other Federal agency that
in the event that any Federal agency shall construct or
contribute any funds for the construction, extension,
improvement or enlargement of any project or any portion
thereof, the Commonwealth will not alter or limit the rights
and powers of the Authority in any manner which would be
inconsistent with the continued maintenance and operation of
the project or the improvement thereof or which would be
inconsistent with the due performance of any agreements
between the Authority and any such Federal agency, and the
Authority shall continue to have and may exercise all powers
herein granted so long as the same shall be necessary or
desirable for the carrying out of the purposes of this article
and the purposes of the United States in the construction or
improvement or enlargement of the project or such portion
thereof.
(2514-A added Oct. 30, 2000, P.L.616, No.85)
Section 2515-A. Termination of Authority.--When any
Authority shall have finally paid and discharged all bonds
which, together with the interest due thereon, shall have been
secured by a pledge of any of the revenues or receipts of a
project, it may (subject to any agreements concerning the
operation or disposition of such project) convey such project
to the county or city creating the Authority and terminate its
existence. A certificate requesting the termination of the
existence of the Authority shall be submitted to the county or
city creating the Authority. If the certificate is approved by
the county or city, then the certificate, endorsed with such
approval, shall be filed with the Secretary of the
Commonwealth, and thereupon the said secretary shall note the
termination of existence on the record of incorporation and
return the certificate with his approval shown thereon to the
board. Thereupon, the property of said Authority shall pass to
the county or city and the Authority shall cease to exist.
(2515-A added Oct. 30, 2000, P.L.616, No.85)
Section 2516-A. Exemption from Taxation.--The effectuation
of the authorized purpose of Authorities created under this
article shall and will be in all respects for the benefit of
the people of the Commonwealth, for the increase of their
commerce and prosperity and for the improvement of their
health and living conditions, and since such Authorities will
be performing essential governmental functions in effectuating
such purposes, such Authorities shall not be required to pay
any taxes or assessments upon any property acquired or used or
permitted to be used by them for such purposes, and the bonds
issued by any Authority, their transfer and the income
therefrom (including any profits made on the sale thereof),
shall at all times be free from taxation within the
Commonwealth.
(2516-A added Oct. 30, 2000, P.L.616, No.85)
Section 2517-A. Conveyance and Lease by Authorities.--(a)
The project established under this article may be acquired by
the incorporating county or city. The said county or city
shall, by appropriate resolution or ordinance, signify its or
their desire to do so, and thereupon the Authority shall
convey by appropriate instrument said project to the county or
city upon the assumption by the county or city of all
obligations incurred by the Authority with respect to the
project.
(b) The project established under this article may be
leased by the Authority to the incorporating county or city,
and the said county or city is hereby empowered to enter into
a lease for such purpose.
(2517-A added Oct. 30, 2000, P.L.616, No.85)
Section 2518-A. Construction.--The addition of Article XXVA is a codification of and shall be deemed a continuation of
the act of July 29, 1953 (P.L.1034, No.270), known as the
"Public Auditorium Authorities Law," insofar as it relates to
counties of the second class in which a city of the second
class is located and to any city of the second class which is
located in a county of the second class.
(2518-A added Oct. 30, 2000, P.L.616, No.85)
Article XXVI
Eminent Domain and Injury to Property
Section 2601. Eminent Domain; County May Enter Upon Land,
Et Cetera.--In all cases where the power of eminent domain is
conferred upon the county by law, the county may enter upon,
appropriate, take, injure or destroy private lands, property
or material. Any such taking for the purpose of originally
laying out or opening of any road shall be in fee simple.
(2601 amended July 25, 1961, P.L.854, No.370)
Section 2602. Certain Property Not to be Taken by Eminent
Domain.--The power conferred by this article shall not be
exercised to enter upon, appropriate, take, injure or destroy
any church property, graveyard or cemetery, except for the
purposes and subject to the provisions of the act of May 12,
1887 (P.L.96).
(2602 amended Sept. 14, 1961, P.L.1296, No.567)
Section 2603. Right to Entry to Make Preliminary Surveys.-For the purpose of making all necessary preliminary surveys in
order to prepare plans and estimates, the board of
commissioners and the persons by them employed for such
purposes may enter upon private or public property and
designate, by proper marks upon the ground, the line of any
improvement proposed to be made and constructed under and for
the purposes herein authorized.
Section 2604. Right of Damages.--The right to damages
against counties is hereby given to all owners or tenants of
lands, property or material appropriated, injured or destroyed
by the county in cases where the right of eminent domain has
been exercised, and to all owners or tenants of lands,
property or material abutting on or through which pass roads
or highways injured by the laying out, opening, widening,
vacating, extending or grading of such roads or highways or
the changing of the grades or lines thereof, the construction
and the vacation of bridges, piers and abutments and
approaches therefor, and the construction of sewers over, upon
or through such lands or property.
Section 2605. Agreement of Damages.--The county
commissioners may agree with the owner as to the amount of
damages occasioned to any person for property taken, injured
or destroyed. Such damages shall be payable by the county out
of the general county funds or other funds provided for that
purpose.
Section 2606. County to Furnish Bond When Immediate
Possession Is Desired; Notice.--(a) Whenever the board of
commissioners or the board of commissioners in conjunction and
acting with the corporate authorities of any city, borough,
town or township have selected any land, property or material
to be appropriated, injured or destroyed by the right of
eminent domain and desire immediate possession thereof, and
are unable to agree with the owner or owners upon the amount
of damages due them for such appropriation, injury or
destruction, or by reason of the absence or legal incapacity
of such owner or owners no such agreement can be made, they
shall tender a bond to the said owner or owners, or to the
attorney or agent of any absent owner, or to the guardian or
committee of any one under legal incapacity, in sufficient sum
to secure him or them for damages. Upon acceptance of said
bond by the owner or owners of said land, property or
material, the county shall have the right to immediate
possession thereof.
(b) In case the acceptance of said bond has been refused by
the owner or owners, the board of commissioners, after written
notice thereof has first been given to said owner or owners,
his or their agent, attorney, guardian or committee, shall
file the same in the court of common pleas or with any judge
thereof, and upon approval thereof by said court or judge, the
county shall have the right to immediate possession of said
land, property and material.
Section 2607. Writ of Habere Facias Possessionem to Issue.-If the owner, lessee or occupier shall refuse to remove his
personal property therefrom or give up possession thereof, the
petitioner in the proceedings may serve written notice upon
such owner, lessee or his agent or the occupier to remove his
personal property therefrom and give up possession of said
lands, property or materials within thirty days from the date
of the service of said notice.
If the owner, lessee or occupier of said lands, property or
material shall refuse or neglect to remove his personal
property therefrom and give possession thereof, upon proof of
the service of such notice being filed in the office of the
prothonotary for the county in which said lands, buildings or
other property is located, a writ of habere facias
possessionem shall forthwith issue, directing the sheriff to
give to the party entitled thereto possession, as is provided
for by existing laws.
Section 2608. Appointment of Viewers.--(a) In case the board
of commissioners or a majority of them and the parties
interested in the land, property or material appropriated,
injured or destroyed by the county fail to agree upon the
compensation to be made for the land, property or material so
taken, injured or destroyed, upon petition of such
commissioners or a majority of them or any person or parties
interested and whose land, property or material is affected
thereby to the court of common pleas of said county, the said
court shall appoint three viewers from the county board of
viewers, and appoint a time, not less than twenty nor more
than thirty days thereafter, when said viewers shall meet and
view the land, property or material to be so appropriated,
injured or destroyed.
(b) The said viewers shall give at least ten days' notice,
by publication in one newspaper of general circulation in the
county once and in accord with the provisions of section one
hundred and ten of this act, of the time and place of their
first meeting, and shall also give notice thereof by handbills
posted in conspicuous places in the vicinity of the said
proposed public improvement.
(c) All the viewers shall act unless prevented by sickness
or other unavoidable cause, but a majority of the viewers may
hear, determine, pass upon the report all matters relating to
the view for which they were appointed.
Section 2609. Time of Appointment of Viewers; Cost.--(a) The
viewers provided for in the preceding section may be appointed
either before or at any time after the entry upon, taking,
appropriation or injuring of said land, property or material.
(b) The cost of said viewers and all court costs incurred,
including all advertising and notices in connection therewith,
shall be paid by the county, except that when the right of
eminent domain has been exercised by the county acting with
the corporate authorities of any city, borough or township,
then all costs shall be borne equally by the county and city,
borough or township.
Section 2610. Petition for Appointment of Viewers to Specify
Liens on Property.--In all proceedings hereafter instituted
for the condemnation and appropriation of land and property by
eminent domain, the petition for the appointment of viewers
shall contain allegations specifying any judgments, mortgages
or other claims (hereinafter designated "liens") which are
liens upon the land and property sought to be appropriated or
condemned as aforesaid.
Section 2611. Testimony and Evidence Concerning Liens.-Testimony shall be taken in said proceedings to ascertain the
amounts of said liens and the dates of the entry of the same,
and the amounts of said liens and the dates of entry thereof
shall be found as facts by the viewers in said proceedings.
Certified lists of liens from the courts of the Commonwealth
and the United States shall be prima facie evidence of the
existence, dates, amounts, dates of entry and places of record
of said liens, and unless modified or overcome by oral or
documentary evidence, shall be conclusive upon the parties
thereto.
Section 2612. Procedure; Rights and Liabilities Where Liens
Exist.--When it appears that liens exist which are liens upon
property sought to be condemned and appropriated, a report of
the facts found shall be made to the court. Such report shall
be subject to exceptions in manner to be regulated by the
Supreme Court by general rule. When the court has finally
determined the findings in relation to the laws, the court
shall make an order directing the payment and distribution of
the amount found to be payable as compensation to the parties
entitled thereto, first to the owners of said liens, then to
the owners of the property appropriated as aforesaid. The
parties interested shall have the right of appeal from said
order of distribution to the Superior and Supreme Courts.
Payment in accordance with the order of distribution,
evidenced by a receipt of record in the proceedings, shall
absolutely discharge the party making the payment from all
liens by any person, copartnership, association or corporation
as against said property. In such receipt and on the record
thereof, any claimant may reserve the right to proceed against
any other property or assets of the owner of the property
condemned for any balance due upon his lien.
Section 2613. Proceedings by and Before Viewers.--The said
viewers, having been duly sworn or affirmed faithfully, justly
and impartially to decide and true report to make concerning
all matters and things to be submitted to them and in relation
to which they are authorized to inquire and having viewed the
premises and examined the land, property or material to be
appropriated, injured or destroyed, shall hear all parties
interested and their witnesses, and, having a due regard to
and making just allowance for the advantages which may have
resulted or which may seem likely to result to the owner or
owners of said lands or materials in consequence of the
proposed improvement, shall estimate, determine and assess the
damages for the land, property or material taken, injured or
destroyed, and to whom the same is payable, and the benefits,
if any, in connection therewith. Having so estimated,
determined and assessed the damages and benefits, they shall
prepare a schedule thereof, and give notice to all parties to
whom damages are allowed or against whom benefits are assessed
of a time, not less than ten days thereafter, and of a place,
where said viewers shall meet and exhibit said schedule and
hear all exceptions thereto and evidence.
Section 2614. Notice of Meeting.--Notice of the time and
place of said meeting shall be given in the manner provided by
law for the service of summons in a personal action upon all
parties allowed damages and against whom benefits have been
assessed, as shown by said schedule, if the said parties can
be found in the county, or upon an adult person, if any,
residing upon the property affected in case the owner or
reputed owner cannot be found, and to all others by
publication in the newspaper or newspapers in which the first
notices of said view were published. When no service is made
upon the owner, reputed owner or upon an adult person residing
upon the property affected, said notice, where publication
thereof has also been made, shall be deemed to have been
properly served if tacked or conspicuously posted on the
premises. The court may provide by whom the notice provided by
this act shall be posted, given and served, and fix the
compensation for said service.
Section 2615. Plans of Properties Condemned to Be Furnished
to Viewers.--(a) In all proceedings to assess damages for the
taking, injury or destruction of private property for public
use, the county taking, injuring or destroying property for
said purpose shall furnish the board of viewers with a correct
plan of all properties affected, showing all buildings or
other structures thereon, their width, length, elevation and
cubical contents, names of all owners, tenants or occupiers
thereof, the topography of the land and the grades and widths
of all highways running through or abutting on said
properties, and all other data necessary for a proper
determination of the amount of said damages caused by the
taking, injury or destruction of said private property.
(b) Said plans shall be prepared and ready for the use of
the viewers at their first meeting, and copies thereof shall
be furnished to all owners, tenants and occupiers of the
property and all other parties affected thereby without
charge.
Section 2616. Report to Court.--After making whatever
changes are deemed necessary, the said viewers shall make
report to the court showing the damages allowed and benefits
assessed in each case, and file therewith a plan showing the
improvement and the land, properties and materials taken,
injured or destroyed. When said report is filed, notice
thereof shall be given by publication once in the newspaper or
newspapers in which first notices of said view are published.
Said notice shall state the date of filing of the report and
shall contain a schedule of the damages and benefits shown
therein, and shall further state that, unless exceptions
thereto are filed within thirty days from the date of filing,
the said report will be confirmed absolutely.
Section 2617. Certain Testimony Authorized.--In all
proceedings arising from the exercise of the right of eminent
domain, it shall be competent for all witnesses called, when
duly qualified:
(1) To state in detail and costs all the elements of the
property before the exercise of the right of eminent domain
and as unaffected by it and its market value immediately after
the exercise of the right of eminent domain and as affected
thereby.
(2) To state in detail and costs all of the elements of
benefit or damage which they have taken into consideration in
arriving at their opinion.
(3) In arriving at their opinion as to the market value
immediately after the exercise of the right of eminent domain,
to add to their opinion of the market value before such
exercise the cost or value of all the elements of benefit or
advantage and to deduct therefrom all disadvantages or damage
in order to arrive at the market value after such exercise of
the right of eminent domain and as affected thereby.
(4) In all proceedings to assess damages or benefits for
the opening of any road or highway, to take into consideration
as one of the elements of advantage or disadvantage the cost
of highway improvements.
Section 2618. Value of Property.--In all claims for damages
against a county arising from the exercise of the right of
eminent domain, it shall be competent for the party or parties
claiming damages to offer in evidence the value of the
property affected as assessed for the purpose of taxation.
Section 2619. Unlawful Assessments.--In all cases of
appropriation of land for public use, other than for roads or
highways, it shall be unlawful to assess any portion of the
damage done to or value of the land so appropriated against
the other property adjoining or in the vicinity of the land so
appropriated.
Section 2620. Vacation of Road When No Property Is Taken.-Whenever viewers are appointed to vacate any road or highway
and the vacation of the same takes no land from the owner
abutting thereon, if, in the opinion of the viewers, such
vacation damages the property of the abutting owner, they may
award damages to such owner as though land has been actually
taken.
Section 2621. Procedure When Building Is on Line of Proposed
Road.--Whenever in locating, relocating, opening, widening,
straightening or extending any road or highway or parts
thereof the same shall be found to pass through, take or
injure buildings, barns or other valuable improvements
thereon, the said viewers or a majority of them shall have the
right to recommend that such buildings and improvements,
situate in part or in whole on the road or highway so to be
improved, opened, widened, straightened or extended, shall be
permitted to remain thereon for such time as shall be deemed
wise and proper, and if the court shall approve the finding
and report of said viewers or a majority of them, the owner or
owners of such buildings or improvements may continue to use
and enjoy the same during the time so fixed and determined. In
case of the destruction, vacation or abandonment of any such
building within the time they are so authorized to remain,
such owners or owner shall not have the right to re-erect and
reconstruct or retake such buildings or improvements within
the line of such road or highway.
Section 2622. Time Limit for Report of Viewers.--Viewers
appointed to assess the damages and benefits due to the
appropriation, injury or destruction of land, property and
materials shall make their reports within a time which the
court shall fix when so appointing them. If the viewers so
appointed shall, for any reason appearing sufficient to the
court, be unable to file their report within the period so
fixed, the court may, either before or after the expiration of
the time fixed, extend the time for the filing of such report.
Section 2623. Exceptions to Report.--(2623 repealed June 3,
1971, P.L.118, No.6)
Section 2624. Demand for Jury Trial.--(2624 repealed June 3,
1971, P.L.118, No.6)
Section 2625. Payment of Damages and Costs; Interest on
Awards.--All damages agreed upon or awarded and all costs and
expenses incurred shall be paid by the county, except in cases
where an appeal is taken by any party in interest from the
award of the viewers and the appellant does not recover any
greater amount than the viewers award, in which case the
appellant shall pay all costs of such appeal.
The amount of damages allowed in a report of viewers for
the taking, injury or destruction of property by the exercise
of the right of eminent domain shall, as finally confirmed,
bear interest at the rate of six per centum per annum from the
date of filing of the report.
Section 2626. Collection of Awards.--Upon the final
confirmation of the report of the viewers, the party or
parties to whom an award has been made shall have the right to
take such further appropriate legal proceedings as may be
necessary and proper to enforce payment of said confirmed
award, either in nature of a writ of mandamus, execution or
otherwise.
Section 2627. All Claims Satisfied Upon Payment of Award.-Upon payment of the compensation for land or property in
accordance with the order of distribution, all claims for
compensation shall be deemed paid and satisfied.
(2627 amended June 6, 1963, P.L.98, No.66)
Section 2628. Money to Be Paid Into Court in Case of Adverse
Claims.--(a) If any person or persons shall claim adversely to
each other any estate or interest in the land, property or
materials selected by the board of commissioners to be
appropriated, injured or destroyed for the purposes mentioned
in this act, and the viewers shall not be able to determine
who are the owner or owners of said land, property or
materials, or the value of their estates and interests
therein, they shall so report, valuing the land, property or
materials as a whole, and upon the confirmation by the court
of the report of said viewers, if no appeal shall be taken
therefrom, the commissioners of the county shall pay into the
court the whole of the said valuation money; thereupon, the
title of the land, property or material and the estates and
interests of all the owners thereof shall become vested in fee
in the county acquiring and taking said land, property or
materials.
(b) The court of common pleas shall, by rule, process or
motion, require all said claimants to appear therein and may,
by an issue framed between them to be tried by a jury or by a
reference to a master or by such orders and decisions as shall
appear to be just under all the circumstances of the case,
determine the estates and interest of said claimants in said
valuation money. Upon the final determination of such
proceeding, the court shall direct said valuation money to be
paid to the person or persons ascertained to be entitled
thereto.
Section 2629. Appeals by Adverse Claimants.--(a) In case any
of said claimants shall appeal from the award of said viewers,
the county commissioners, upon filing in the court and having
approved thereby a bond in double amount of said award to the
said owners and claimants for the benefit of the persons
owning said land, property or materials, with at least two
sufficient sureties conditioned for the payment by the county
of such an amount as the owner or owners shall be entitled to
receive for said ground when the same shall have been finally
ascertained by due course of law, may lawfully enter upon and
take possession of said land, property or materials.
(b) The said court shall thereupon proceed to determine the
estates and interest of said claimants in said land, property
or material, as is hereinbefore provided when the valuation
money is paid into court. Said proceeding shall be finally
determined before the issue framed upon the said appeal shall
be tried, and if it be determined that the party appellant has
no estate or interest in said land, property or materials, his
appeal shall be disallowed.
Section 2630. Payment Into Court When Award is Refused or
When Parties Cannot Be Found.--Any amount of money awarded, as
herein provided, if refused by the person or persons entitled
thereto, or if the person or persons entitled thereto cannot
be found, shall be paid into court, and thereafter all such
persons shall look to said fund for all damages accruing by
reason of the appropriation, injury or destruction of such
land, property or material.
Section 2631. Notice to Vacate; Ejectment.--In case any land
or property selected by the board of commissioners or by the
board of commissioners in conjunction and acting with the
corporate authorities of any city, borough or township to be
appropriated, injured or destroyed, and said land or property
has improvements thereon in the actual occupancy of any person
or persons, and such person or persons has had his, her or
their damages assessed and paid, thirty days' notice to vacate
the same shall be given to the party or parties so in actual
possession. In case of refusal or neglect on the part of any
one to obey said notice, the board of commissioners may, at
the expiration of said thirty days, enter upon and eject or
cause to be ejected any of the parties so refusing or
neglecting to vacate, and use force enough by themselves,
agents or employes to accomplish the same.
Section 2632. Appropriations of Right of Way or Easement.-In any action brought to ascertain or recover damages caused
to any owner of lands by reason of the appropriation of a
right of way or easement in such lands by any county, where
such owner of lands and such county cannot agree upon the
amount of damages payable to such owner, the parties may by
agreement waive the right to have such damages assessed by
viewers. Such owner may thereupon file his statement and claim
in the court of common pleas and rule the defendant to plead
thereto within fifteen days from notice of such rule duly
served upon said county, and the said suit shall be proceeded
with the same as if an award of viewers had been filed and an
appeal had been taken therefrom.
Either party to such action shall have the right during the
trial to demand and have the jury which may be selected to try
said cause visit and view the premises over or through which
the right of way or easement extends before rendering a
verdict in such case.
Section 2633. Discontinuance of Proceedings by County.--In
case the county shall discontinue any proceedings taken
providing for the appropriation, injury or destruction of any
land, property or materials prior to the entry upon, taking or
appropriation thereof and before judgment therein, the said
county shall not thereafter be liable to pay any damages which
have been or might have been allowed, but all costs upon any
such proceedings had thereon shall be paid by the county,
together with any actual damages, loss or injury sustained by
reason of such proceeding, and the amount of the same may be
determined and fixed by the court in which such proceeding was
pending.
Articles XXVII and XXVIII
Bridges, Viaducts and Culverts
Compiler's Note: Section 5(3) of Act 34 of 2006 provided
that, except as to the measure of damages prescribed by
26 Pa.C.S. (relating to just compensation and measure
of damages), nothing in Act 34 shall repeal, modify or
supplant Articles XXVII and XXVIII as they are
applicable to procedures in the court of common pleas
with respect to bridges, viaducts, culverts and roads.
Compiler's Note: Section 901 of Act 6 of 1964, Sp.Sess.,
provided that Act 6 shall not repeal or modify Articles
XXVII and XXVIII applicable to procedures in the court
of quarter sessions with respect to bridges, viaducts,
culverts and roads or section 412 of the State Highway
Law, act of June 1, 1945 (P.L.1242), as amended, nor,
except as to the measure of damages prescribed by
Article VI hereof, shall it repeal, modify or supplant
any law insofar as it confers the authority or
prescribes the procedure for condemnation of rights-ofway or easements for occupation by water, electric,
gas, oil and/or petroleum products, telephone or
telegraph lines used directly or indirectly in
furnishing service to the public. If the condemnation
for occupation by water, electric, gas, oil and/or
petroleum products, telephone or telegraph lines
consists of the taking of a fee, all the provisions of
this act shall be applicable.
(a) General Authority and Procedure
Section 2701. Contracts.--(2701 repealed July 26, 1963,
P.L.324, No.177)
Section 2702. Penalty.--(2702 repealed July 26, 1963,
P.L.324, No.177)
Section 2703. Filing of Security With Proposals; Opening of
Bids.--(2703 repealed July 26, 1963, P.L.324, No.177)
Section 2704. Awarding of Contract; Readvertising.--(2704
repealed July 26, 1963, P.L.324, No.177)
Section 2704.1. Bridge Contracts.--The letting of all
contracts to build, rebuild or repair any bridge shall be in
accordance with the provisions of Article XX of this act.
(2704.1 added July 26, 1963, P.L.324, No.177)
Section 2705. Compensation for Additional Work.--In all
cases where bridges shall have been or may be erected for the
county and deviations from or alterations in the plan
contracted for have been made by the direction of the county
commissioners, where the county commissioners and builders
cannot agree upon the compensation to be made therefor, it
shall be lawful for such builder to recover any sum to which
he may be justly entitled for such deviations and alterations
beyond the contract price in an action for work, labor and
service done and performed and material found and provided.
Section 2706. Inspection.--(2706 repealed Nov. 30, 2004,
P.L.1439, No.186)
Section 2707. Payment on Contract.--(2707 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2708. Deduction of Part of Contract Price.--(2708
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2709. Action on Contract or Procedure on Rule.-(2709 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2710. Bridge Erected by Commissioners.--(2710
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2711. Procedure on Rule.--(2711 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2712. Building or Rebuilding in Emergencies.--When
a county bridge wholly within the county or on the boundary
line between any two counties has been or shall hereafter be
destroyed or partially destroyed, or rendered impassable, or
becomes insufficient or inadequate to accommodate public
travel, or in any other case of emergency it becomes necessary
to construct or reconstruct any such bridge, the county
commissioners of the county or of any two counties, in case of
a joint county bridge, may erect and construct a new bridge,
or reconstruct any partially destroyed, insufficient or
inadequate bridge, to take the place of such wholly or
partially destroyed or insufficient or inadequate bridge.
(2712 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2713. Bridges on Boundary Between Two Counties.-(a) Whenever any bridge contemplated by any of the provisions
of this article is on the boundary line between two counties
or within one-fourth of a mile therefrom and necessary for the
accommodation of the inhabitants of both counties, the
commissioners of such counties shall act jointly in the
exercise of all powers conferred upon them and in the
performance of all duties imposed upon them. ((a) amended Nov.
30, 2004, P.L.1439, No.186)
(b) Whenever the appointment of viewers or inspectors is
required, the court of each county shall appoint a full number
of such viewers or inspectors and order a view in the manner
and with like powers, duties and procedure provided for in the
case of public roads. The total number thereof shall act
together in the view or inspection and shall make their joint
report and recommendations to each court. Exceptions to the
report of viewers may be filed in and appeals therefrom made
to the courts of either county, in which case the courts of
said two counties sitting together shall hear and determine
the same. Whenever publication of notice is required, such
publications shall be made in each county. The approval of
both boards of commissioners and of both courts shall be
necessary in order to authorize any action requiring such
approval.
Section 2714. Payment of Cost.--(a) All expenses in
connection with any matters affecting any such bridge shall be
borne by the two counties jointly in equal proportions or in
any other proportions, as the commissioners of the several
counties may agree upon.
(b) (Deleted by amendment)
(c) (Deleted by amendment)
(2714 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2715. Management, Maintenance and Policing of Joint
County Bridges.--(a) Such joint county bridge shall be managed,
controlled, maintained, repaired, operated and lighted by the
commissioners of the said counties, acting as a joint county
bridge commission, who are hereby authorized to act jointly in
the employment of such employes and fix their wages, salaries
and compensation, and to incur such other expenses in the
construction and operation of such bridge, including the
compensation of such attorneys as in their judgment shall be
requisite and necessary. All decisions of such commission
shall require a majority vote of all the members thereof.
(b) The commissioners of said counties, acting jointly,
shall have power to adopt such rules and regulations as they
deem expedient for the proper government and management of
said bridge and for the preservation of good order, safe
traffic and proper conduct thereon.
(c) For any violations thereof, the offender or offenders
shall be guilty of a summary offense.
(d) (Deleted by amendment)
(2715 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2716. Widening, Straightening, Altering or Changing
Course of Unnavigable Streams for Protection of County Bridges
and Highways.--Whenever, in the erection, construction, repair
or maintenance of any county bridge or highway, it becomes
necessary for the safety of said bridge or highway or
advisable from an economic standpoint to widen, straighten,
alter, protect or change the course of any unnavigable stream,
it shall be lawful for the county to enter upon abutting or
adjacent land and to widen, straighten, alter, protect or
change the course of such unnavigable stream for such
purposes, and in connection with such entry, to take, injure
and destroy any necessary land or property, in accordance with
Article XXVI.
Section 2717. Dykes, Banks, Causeways and Sluiceways for
Protection of Bridges and Highways.--The board of
commissioners, for the purpose of protecting any county bridge
or bridges, the abutments thereof and approaches thereto and
any public highway adjacent to the same from the incursions of
floods or waters of any creek, rivulet or other stream, and so
as to prolong the life of said structures, may erect and
maintain dykes, banks, causeways and sluiceways over, on and
across any creek, rivulet or other stream not navigable, and
which creek, rivulet or other stream is affected by the rise
and fall of the tide, floods or waters of any creek, rivulet
or other stream, and secure a right of way for proper ingress
and egress thereto, and in connection with such activities, to
take, injure and destroy any necessary land or property, in
accordance with Article XXVI. Any such change in an existing
stream channel under the provisions of this or the preceding
section shall first be approved by the Department of
Environmental Protection.
(2717 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2718. Materials Taken from Adjoining Lands.--(2718
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2719. Lighting of County Bridges.--(a) Whenever
considered necessary for the safety and convenience of the
traveling public, the county commissioners of the county
within which a county bridge is erected, or the county
commissioners of two or more counties acting together with
regard to any bridge located partly in one county and partly
in another county or counties, may supply and equip any county
bridge within their respective counties with lights of any
kind and character, as they shall deem necessary.
(b) To carry out the provisions of this act, the county
commissioners, severally or jointly, are authorized to
contract with any individual or with any municipal or private
corporation for the purpose of supplying the necessary light.
(c) The cost of the construction, erection and maintenance
of any light placed upon any such bridge shall be paid by the
county or by the two or more counties, as may be agreed upon
by the county commissioners of said counties.
Section 2720. Repair of County Bridges.--The county
commissioners shall repair all county bridges heretofore
erected or that may be hereafter erected by the county where
no other provision is made for the maintenance thereof, and
shall pay the expenses of such repairs out of the county
treasury.
Section 2721. Painting and Tightening of Bolts of Iron and
Steel Bridges.--(2721 repealed Nov. 30, 2004, P.L.1439,
No.186)
Section 2722. Contracts for Work.--(2722 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2723. Repair of Bridges, Viaducts and Subways When
Liability for Such Repairs is in Doubt.--(2723 repealed Nov.
30, 2004, P.L.1439, No.186)
Section 2724. Application to County Commissioners; Authority
to Act.--(2724 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2725. Contributions Towards Work.--(2725 repealed
Nov. 30, 2004, P.L.1439, No.186)
Section 2726. Collection of Costs of Repairs; Return of
Contributions.--(2726 repealed Nov. 30, 2004, P.L.1439,
No.186)
Section 2727. Temporary Substitutes for Bridges.--Where
county bridges have been or shall hereafter be destroyed or
rendered impassable by fire, storm, flood or other casualty,
the county commissioners may provide, at the expense of the
county, ferries or other temporary ways as a substitute for
such destroyed or impassable bridges, until such county
bridges shall be rebuilt or rendered fit for public travel.
Where a county bridge spans a stream which is the boundary
between two counties of this Commonwealth and the bridge
across such stream has been built and maintained at the joint
expense of said adjoining counties, the establishment and
maintenance of such ferry or temporary way shall be by the
joint discretionary action of the boards of commissioners of
said counties and the expense thereof shall be borne by said
counties in equal share.
Section 2728. Bridge for Pedestrians Only.--When the county
commissioners of the county have been legally authorized to
erect a county bridge and when, in the exercise of their
discretion, it is found that a bridge for pedestrians only
will sufficiently accommodate public travel at the place in
question, they are authorized to erect such bridge instead of
a bridge for general traffic.
Section 2729. Rebuilding Insufficient Bridge.--Whenever it
shall appear to the commissioners that any county bridge is
not sufficient for any cause to accommodate the public travel,
they may erect and construct a new and sufficient bridge to
take the place of the insufficient, destroyed or partially
destroyed bridge, or may widen and straighten county bridges
where deemed necessary to accommodate the public travel. Such
new bridge when constructed shall be a county bridge.
(2729 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2730. Rebuilding Bridges Wholly or Partly
Destroyed.--(a) The county commissioners shall rebuild and
reconstruct all bridges heretofore built or that may hereafter
be erected by the county commissioners, whether constructed
under general, special or local laws, whenever any such bridge
has been or shall hereafter be blown down, destroyed,
partially destroyed or swept away by floods, freshets, ice,
storm, fire or other casualty, at the expense of the county.
(b) For the purpose of carrying into effect the provisions
of this section, the county commissioners are hereby
authorized to borrow any sum of money, in accordance with 53
Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
borrowing).
(2730 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2731. Closing, Vacating, Abandoning and Removing.-Whenever it shall appear to the commissioners of the county
that any county bridge has from any cause become burdensome
and is no longer necessary for the accommodation of public
travel, they may close, vacate, abandon and remove said
bridge.
(2731 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2732. Contracts With Railroad Companies for Use,
Purchase, Removal, Replacing or Exchange of County Bridges.-(a) Any railroad company which has heretofore located or may
hereafter locate its railroad upon any county bridge may
contract and agree with the commissioners of said county for
the use, purchase, removal, replacing or exchange of such
bridge, or for the compensation to be paid to said county by
said company for the use and occupancy of said bridge or such
parts thereof as may be used and occupied by said railroad
company. For such purpose, the commissioners may contract and
agree with said company and may do all acts necessary and
proper to effectually carry out such contract.
(b) All moneys due and all obligations incurred by said
companies under said agreements and contracts may be collected
and enforced in the same manner as debts of like amount are
now recovered and similar obligations enforced in this
Commonwealth.
Section 2733. Restrictions and Saving Clause.--No bridge
erected under the provisions of this act shall obstruct any
canal or railroad over which such bridge may be erected.
Nothing in this article shall release railroad or other
companies of the Commonwealth from the requirements of
existing laws.
Section 2734. Appropriations; Tax Levy and Incurring of
Indebtedness.--For the purpose of carrying into effect the
provisions of this subsection, the county commissioners are
hereby authorized to make appropriations, levy taxes, borrow
money and incur indebtedness, in accordance with 53 Pa.C.S.
Pt. VII Subpt. B (relating to indebtedness and borrowing).
(2734 amended Nov. 30, 2004, P.L.1439, No.186)
(b) Authorization and Construction
Section 2751. Entering on Record as County Bridge.--(2751
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2752. Change in Location of Bridge and Roads.--(2752
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2753. Estimate of Cost; Tax Levy; Erection.--(2753
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2754. Entering Embankments and Causeways on Record
as County Improvements.--(2754 repealed Nov. 30, 2004,
P.L.1439, No.186)
Section 2755. Assistance in Building Bridges not Entered as
County Bridges.--When the county commissioners find that a
bridge is necessary and that the erection of such bridge will
require more expense than it is reasonable that the one or
more adjoining townships, boroughs or cities of the third
class should bear, and the county commissioners do not deem it
advisable to enter such bridge on record as a county bridge
but shall consider it proper to assist such township or
townships or such city of the third class or such borough in
building the same, they may either build such bridge or any
portion or portions thereof or furnish such township or
townships or city of the third class or borough the whole or
part of the money necessary to build it, without entering such
bridge on record as a county bridge.
(2755 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2756. Record to be Kept by County; Maintenance,
Repair and Rebuilding by Township or Municipalities.--The
county commissioners shall keep a record of all their
proceedings in such cases, and such bridges shall be
maintained, kept in repair and rebuilt, when necessary, by the
respective townships, boroughs or cities of the third class,
and the county shall not be liable for the costs of the
maintenance, repair or rebuilding of the same or any part of
such cost: Provided, however, That it shall be lawful for the
county commissioners of the county in which such bridge is
located to furnish such township or townships, boroughs or
city of the third class either the whole or part of the money
necessary to repair or to rebuild such bridge or bridges, as
the said board of county commissioners may deem just and
proper.
(2756 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2757. Entering on Record as County Bridge.-Whenever the county commissioners have heretofore assisted or
shall hereafter assist any municipality in the building of the
whole or any portion of a bridge and it shall afterwards
appear to the commissioners that the care, maintenance and
responsibility of said bridge is greater than it is reasonable
that the said municipality should bear, they may enter such
bridge upon record as a county bridge, and it shall thereafter
be a county bridge the same as if it had originally been so
entered on record.
(2757 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2758. Borough and Township Bridges Donated to
County.--Whenever a public bridge had been built or maintained
by any borough or township, or both, or by any two townships,
and used by the public for travel, the county commissioners
may take the same as a county bridge whenever the proper
authorities having the maintenance, supervision and control of
such bridge shall tender the same to said county commissioners
free and without charge therefor. Any bridge so taken shall
thereafter be maintained and kept in repair as a county
bridge.
(c) On Action of County Commissioners
Section 2771. Bridges and Approaches Authorized.--The
county commissioners may locate, lay out, open, construct and
maintain public bridges across any river or stream, whether
such bridge is wholly or partly within any city, borough or
township therein, together with such bridge approaches,
viaduct or other approaches as the county commissioners may
deem necessary or convenient for the purpose of connecting any
such bridge with the existing streets or public roads in such
cities, boroughs or townships, and to that end may take, enter
upon, appropriate property and rights of property of all
kinds, whether devoted to a public or private use, for the
purposes aforesaid, and for the necessary slopes, piers,
walls, abutments, fills and embankments, in the manner and
subject to the restrictions and procedure provided in Article
XXVI of this act, and may enter upon or over any street,
public highway or public road in such cities, boroughs or
townships.
(2771 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2772. Plans and Surveys.--(Hdg. amended Nov. 30,
2004, P.L.1439, No.186) (a) Whenever the county commissioners
shall resolve to exercise any of the powers conferred by the
preceding section, they shall cause to be prepared plans and
surveys showing the location of the proposed bridge and its
approaches and the property or rights of property affected
thereby, together with any streets or public roads in any
city, borough or township proposed to be used in connection
therewith. ((a) amended Nov. 30, 2004, P.L.1439, No.186)
(b) Such petition shall briefly describe the location and
the estimated cost of such bridge, or, if the method of
construction has not been fully determined, the estimated cost
thereof for each alternative method of construction proposed.
Section 2773. Hearing and Decree.--(2773 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2774. Approval of State or Federal Officers, Board
or Body; Change in Location.--(a) Where the proposed bridge
crosses any navigable stream or other public water or the
property rights or property or rights of way of any railroad
or other public service corporation, and by reason thereof the
approval of any State or Federal officer, board or body is
required as to the location and construction of such bridge or
its approaches, the county shall be deemed to have full and
complete authority to construct such bridge in such other
location and in such other manner as may be necessary to
comply with the conditions prescribed by such officer, board
or body in granting such approval if county commissioners be
of the opinion, and by resolution duly adopted so decide, that
the bridge as thus changed is necessary for the convenience of
the traveling public and will accommodate substantially the
same traveling public as the bridge would have done if it had
been constructed at the location and in the manner originally
provided.
(b) (Deleted by amendment)
(c) (Deleted by amendment)
(d) (Deleted by amendment)
(e) (Deleted by amendment)
(2774 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2775. Contracts for Special Use of Bridge.--(a) The
county commissioners may make and enter into contracts or
leases with any street railway, telegraph, telephone or other
corporation or persons desiring to make use of said bridge and
its approaches for other than ordinary public foot or vehicle
traffic, and with the successors and assigns of such
corporations, for the concurrent use of such portion of said
public bridge and approaches as shall not substantially impair
or restrict the public use and enjoyment thereof, upon such
terms and conditions as shall be agreed upon, or to charge
tolls or rentals for such special use.
(b) No such contract or lease shall be entered into for a
longer period than twenty years, nor unless such contract or
lease shall be first approved by the Public Utility Commission
of this Commonwealth.
Section 2776. Consent of City or Borough.--(2776 repealed
Nov. 30, 2004, P.L.1439, No.186)
Section 2777. County Authorized to Contract With
Municipality.--When such bridge is proposed to be located or
erected in any municipality, the county may agree that such
municipality may bear a portion of the cost of the locating,
laying out, opening and constructing of such bridge and its
approaches and appurtenances, and that the municipality may
provide the approach therefor and bear the cost of the
maintenance of any approach within the respective
municipality, as shall be agreed upon between any such county
and such municipality.
(2777 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2778. Appropriations and Tax Levy.--The county
constructing a bridge under the provisions of this article may
appropriate and pay out of the general county funds all moneys
necessary for said purposes, and may levy, assess and collect
taxes, for the purposes aforesaid, on all real and personal
property within said county, now or hereafter taxable for
county purposes, in addition to all other taxes.
Section 2779. Incurring of Indebtedness.--(2779 repealed
Nov. 30, 2004, P.L.1439, No.186)
Section 2780. To Be County Bridge; Maintenance and
Expenses.--(2780 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2781. Collection of Tolls to Pay Off Indebtedness.-(2781 repealed Nov. 30, 2004, P.L.1439, No.186)
(d) Between Municipalities on Petition of
Resident Taxpayers
(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2791. Petition for Bridge or Culvert; Appointment of
Viewers.--(2791 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2792. Duties of Viewers.--(2792 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2793. Report of Viewers.--(2793 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2794. Proceedings Subsequent to Report of Viewers.-(2794 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2795. Ground for Approaches.--(2795 repealed Nov.
30, 2004, P.L.1439, No.186)
Section 2796. County Commissioners May Purchase Bridges
Already Erected.--(2796 repealed Nov. 30, 2004, P.L.1439,
No.186)
Section 2797. County Commissioners May Borrow Money.--(2797
repealed Nov. 30, 2004, P.L.1439, No.186)
(e) Joint Action of Counties or County and City
Section 2801. Building or Rebuilding.--Whenever it is
necessary to erect a bridge on the boundary line between two
counties, either to take the place of an intercounty bridge
which has become insufficient for any cause to accommodate
public travel or to provide a new bridge where none has
previously been, such counties may jointly build or rebuild
such bridge.
(2801 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2802. Joining With Municipality.--When such bridge
is on the dividing line between two counties which is also the
dividing line between one county and a municipality in the
other county, and such municipality has authority to build or
rebuild such bridge or to join with any county therein, said
county may join with said municipality in the other county in
building or rebuilding such bridge.
(2802 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2803. Cost; Status.--The cost of such bridge shall
be paid in such proportions as shall be agreed upon by the two
counties or by the county and municipality so joining. Such
bridge when built shall be an intercounty bridge and be
subject to all provisions of existing laws relating to
intercounty bridges.
(2803 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2804. Taking of Lands.--Whenever in the construction
of a bridge lands are taken in any county joining in such
construction and damages are sustained by the owner or owners
of such lands, the county commissioners in the county where
the lands are located, when possible, shall enter into an
agreement with such owner or owners as to the amount of
damages to be paid to such owner or owners. If a satisfactory
agreement cannot be made as to said damages, they shall be
ascertained and paid in the manner and subject to the
restrictions and procedure provided in Article XXVI of this
act. The damages shall, in either event, be paid by the county
in which the lands are located.
(f) Acquisition of Bridges
(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2811. Purchase or Condemnation.--(2811 repealed Nov.
30, 2004, P.L.1439, No.186)
Section 2812. When Price Cannot be Agreed Upon.--(2812
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2813. To Be Public Bridge; Tolls or Rentals for
Special Use; Preservation of Existing Contracts.--(2813
repealed Nov. 30, 2004, P.L.1439, No.186)
(g) Acquiring and Rebuilding Bridges Privately
Owned or Built by Public Subscription
Section 2821. Rebuilding When Destroyed or Abandoned.--The
county commissioners of any county may take charge of or
rebuild and reconstruct any bridge owned and maintained by
corporations where the same has been destroyed by ice or
otherwise, within ten years, or abandoned by the owners, where
such bridge crosses any stream or river running into or
through such county.
Any bridge used exclusively for vehicles and foot purposes,
over any stream or river forming the boundary line between two
counties, being on the line of a public highway, or deemed
necessary for the use of the traveling public, and owned and
maintained by corporations or by private persons, or which was
built by public subscriptions, which has been destroyed by
ice, flood or otherwise, at any time, or which has been or may
be abandoned and the site or location and piers and abutments
no longer used by the owners, may be rebuilt and maintained
jointly as a county bridge by the county commissioners of such
counties, and the costs and expenses of such joint
reconstruction shall be paid by the said counties respectively
in the proportion of the population thereof, as ascertained at
the last census.
Section 2822. Mandamus on Petition of Taxpayers if
Commissioners Neglect or Refuse to Act.--(2822 repealed Nov.
30, 2004, P.L.1439, No.186)
Section 2823. Procedure When Damages Cannot be Agreed On.-(2823 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2824. Borrowing Money and Bond Issue Authorized.-(2824 repealed Nov. 30, 2004, P.L.1439, No.186)
(h) Erected by Private Persons or by Public
Subscriptions and Donated to County
Section 2831. Acceptance, Taking Charge of and Entering on
Record as County Bridge.--The county commissioners of any
county may accept, take charge of and enter upon the records
as a county bridge, any bridge over any stream or river
running into or through any county, which bridge has been
erected and constructed at the expense of private persons or
by public subscriptions, and has been opened to free public
travel, used by the public and become necessary and convenient
for the use of the public, upon notice in writing of the
persons who erected or caused the same to be erected, or by
the subscribers to the original subscription on which the
money was raised to erect the same, or the heirs or assigns of
such persons or subscribers, or by a duly authorized board of
trustees representing such persons or subscribers, of their
desire to donate the said bridge to the county wherein the
same is situated. Where such bridge crosses a stream forming
the boundary line between two counties, the persons or their
heirs or assigns, subscribers or trustees representing them,
as aforesaid, shall give notice in writing to the county
commissioners of each of said counties of their desire to
donate such bridge to said counties jointly.
Section 2832. Procedure for Determining Necessity of
Bridge.--(2832 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2833. Procedure if Exceptions are Filed.--(2833
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2834. Payment of Costs.--(2834 repealed Nov. 30,
2004, P.L.1439, No.186)
(i) Leasing of Toll Bridges
(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2841. Leasing of Toll Bridges or Right to Use Same.-(2841 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2842. No Tolls to Be Charged.--(2842 repealed Nov.
30, 2004, P.L.1439, No.186)
Section 2843. Payment of Rental and Expenses.--(2843
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2844. Approval of Public Utility Commission.--(2844
repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2845. Appropriations; Tax Levies; Indebtedness.-(2845 repealed Nov. 30, 2004, P.L.1439, No.186)
(j) Joint Action with Municipalities
Section 2851. Municipal Bridges Benefiting Neighboring
Municipalities.--Whenever different parts of any municipality
or any part of such municipality and any municipality
bordering thereon are separated therefrom by any intervening
valley or ravine, and the county commissioners shall decide it
necessary that a public bridge for the purpose of connecting
the territories thus separated be constructed and that such
bridge will be of substantial advantage and benefit to the
taxable inhabitants of the municipality bordering thereon or
municipalities adjacent thereto, such county may contract with
such municipality for the laying out and construction by such
municipality of such bridge and may pay to the municipality
such portion of the cost thereof as the county commissioners
shall deem reasonable, and shall appropriate money, levy taxes
and incur indebtedness therefor.
(2851 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2852. Municipal Bridges Where County Might Have
Built Bridge.--Where, under the provisions of existing laws, a
municipality is authorized to construct a bridge or viaduct
over a river, creek or stream or other place over which the
county is authorized to build bridges, and such municipality
is authorized to contract with the county and with railroads,
street railways and other companies or parties interested for
the building and maintenance of such bridge or viaduct, and
for the payment of any damages caused by the location or
erection thereof, the county commissioners may contract with
such municipality for that part or portion of the bridge or
viaduct which crosses any of the places hereinbefore
mentioned, including the abutments and piers thereof. Such
part shall thereafter be maintained as a county bridge. In
lieu thereof, 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.
(2852 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2853. Contribution Where County Might Not Have
Built Bridge.--When such bridge or viaduct is built by a
municipality and does not cross any place over which the
county is authorized to construct a bridge but crosses merely
railroad or railroads and private property, the county
commissioners may contract to pay an amount of money, not
exceeding thirty per centum of the entire cost of the proposed
bridge or viaduct. Such bridge or viaduct shall thereafter be
maintained as a municipal structure, and the county shall not
be liable for any part of the cost of maintenance or repair
thereof.
(2853 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2854. Stipulations of Contracts.--The contracts
herein provided for may stipulate that the county shall pay a
certain part or portion of the whole contract price or cost of
the work, including damages, or may stipulate that the county
shall construct or pay for the construction of a certain part
or portion of the work, and may otherwise provide for the
payment of the damages. The amount to be paid by the county
shall be paid directly to the contractor, as may be provided
by the contract. The agreements may also provide for the
maintenance of the viaducts and bridges after their erection.
Section 2855. Contracts for Work.--After any such contract
has been entered into, the county commissioners, in
conjunction with the municipality, shall have prepared plans
and specifications of the entire work and shall advertise for
bids and award the contract to the lowest responsible bidder.
Such contract shall provide that the county shall pay its
certain part of such bridge or viaduct directly to the
contractor. The contractor shall have a right of action
against the county for the part of the contract which the
county agrees to pay.
(2855 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2856. Contracts May be Recorded.--Any of the
contracts hereinabove provided for may be recorded in the
recorder's office. Such record shall be notice to all persons
who might be affected thereby.
Section 2857. Purchase or Condemnation of Public Toll
Bridges.--(2857 repealed Nov. 30, 2004, P.L.1439, No.186)
Article XXIX
Roads
Compiler's Note: Section 5(3) of Act 34 of 2006 provided
that, except as to the measure of damages prescribed by
26 Pa.C.S. (relating to just compensation and measure
of damages), nothing in Act 34 shall repeal, modify or
supplant Article XXIX as it is applicable to procedures
in the court of common pleas with respect to bridges,
viaducts, culverts and roads.
Compiler's Note: Section 901 of Act 6 of 1964, Sp.Sess.,
provided that Act 6 shall not repeal or modify Articles
XXVII and XXVIII applicable to procedures in the court
of quarter sessions with respect to bridges, viaducts,
culverts and roads or section 412 of the State Highway
Law, act of June 1, 1945 (P.L.1242), as amended, nor,
except as to the measure of damages prescribed by
Article VI hereof, shall it repeal, modify or supplant
any law insofar as it confers the authority or
prescribes the procedure for condemnation of rights-ofway or easements for occupation by water, electric,
gas, oil and/or petroleum products, telephone or
telegraph lines used directly or indirectly in
furnishing service to the public. If the condemnation
for occupation by water, electric, gas, oil and/or
petroleum products, telephone or telegraph lines
consists of the taking of a fee, all the provisions of
this act shall be applicable.
(a) Authorization, Construction and Maintenance
Section 2901. County Roads; Establishment and Maintenance.-(a) The words defined in section 2801 of this act shall be
construed to have like meanings when used in this article.
(b) Establishing County Roads. For the purpose of providing
public roads, specially constructed, improved and maintained,
the county commissioners may originally lay out and open any
road, and take possession of and exercise control over any
existing municipal road or part thereof, and build and
maintain roads as county roads within their respective limits.
They may, at any time, straighten, widen, extend and alter any
such road or part thereof, and vacate so much thereof as may
become unnecessary and useless. Any road so taken over or
improved shall thereupon become a county road and be subject
to the control and supervision of the county commissioners. It
shall be the duty of the county to keep and maintain county
roads established under this act and all other county roads in
repair, the expense thereof to be paid by the county in the
manner hereinafter provided.
(b.1) (Deleted by amendment)
(c) Acquisition of Rights of Way of Abandoned Railroads. The
commissioners of the county may take over any abandoned rights
of way or bridge of a railroad company or any part thereof for
the purpose of relocating any existing or locating a new
county road, and they may purchase such abandoned right of way
or bridge or such part thereof, as may be necessary for the
relocating or locating of said county road, from the owner
thereof, at a fair price.
Whenever any such abandoned right of way or bridge of a
railroad company or any part thereof is purchased under the
provisions of this section, a county road shall be laid out
and located thereon and shall thereafter be constructed,
improved and maintained in accordance with law. Any such
bridge so taken over shall become a county bridge and shall be
maintained, rebuilt and repaired accordingly.
(d) Joint Action by Counties. The provisions of this article
may also be exercised jointly by adjoining counties as to
roads extending along and adjacent to county lines and from
one adjoining county into another.
The procedure and jurisdiction in each county in such cases
shall be the same as to any portion of such road lying within
its limits, except that the petition, plans and surveys of
such road shall describe and exhibit every portion of such
road within the limits of such county and every portion
thereof extending along the line of or into an adjoining
county. The several portions thereof lying within limits of
each county shall be treated in all proceedings as one
continuous road.
(e) To Be County Road as Soon as so Decreed. All roads and
parts thereof heretofore and hereafter decreed by the court
under this or any former acts of Assembly to be a county road
shall be subject to the control and supervision of the county
commissioners.
(f) Maintenance and Repair of County Roads. The
commissioners shall have prepared plans and estimates, as
often as required, for the repair and maintenance of all roads
which the county is required by law to maintain and repair.
They may invite proposals for maintaining and repairing such
roads or parts thereof in accordance with such plans and
estimates and award the contract therefor in like manner as
contracts for new improvements, or they may make the necessary
repairs themselves. For the purpose of making such repairs,
the commissioners may employ or appoint the proper persons and
buy the necessary materials and buy or rent the necessary
machinery. The county may also lease any of its machinery to
any political subdivision within the county, upon such terms
and conditions as may be agreed upon.
(g) Annual Tax. The commissioners may levy, assess and
collect an annual tax, of not more than two mills upon the
dollar, upon all real and personal property within said county
taxable for county purposes for the purpose of acquiring and
securing a fund from which to pay all costs, damages and
expenses required in the locating, opening, building,
improving, widening, straightening, extending, maintaining,
repairing or vacating of roads or parts thereof covered by the
provisions of this section, and for the taking and use of such
land as may be necessary in constructing and maintaining
proper slopes, embankments, fills and culverts. The moneys so
raised shall not be expended for any other purposes than those
named in this section, except for the maintenance, repair,
construction and reconstruction of any county bridge or
bridges, whether or not located on a county road or roads. All
warrants for the payment of any portion of the money raised
for the purposes aforesaid shall be issued, in the manner
provided by this act, upon estimates which shall be made from
time to time by the persons charged with such duty. The amount
and time within which the same shall be paid shall be fixed
and determined in the contract made for the public work.
(h) Borrowing Money; Bond Issue and Tax Levy. The county
commissioners may borrow money and secure any indebtedness
created by them for the purposes authorized under this
section.
(i) Changing Part of Road Without View. Whenever the board
of commissioners deem it advisable to construct or alter any
part of any road under their supervision and can agree with
the property owners affected by such change as to damages,
they may, upon payment of the damages agreed upon, construct
or alter such part of such public road as contemplated in such
agreement without the formality of a view.
(j) Assessment of Benefits. Whenever, in the county, any
road or highway shall be originally located, laid out or
constructed or relocated, opened, straightened, widened,
extended or altered, or any part thereof vacated, the viewers
appointed to assess damages for taking, injuring or destroying
property, after having determined the amount of damages
sustained, shall assess the whole or such part of such damages
as may be represented by benefits upon the properties abutting
on and benefited by such improvements. The remaining part of
such damages, if any, not so assessed against the abutting
properties, shall be paid by the county. The total assessments
for benefits shall in no case exceed the total damages awarded
and agreed upon.
The viewers shall in such cases file their report showing
the balance struck between the damages awarded and the
benefits assessed.
(k) Interest on Benefits Assessed. All assessments for
benefits shall bear interest at the expiration of thirty days
after they have been finally determined and fixed and shall be
payable to the treasurer of the county.
(l) Liens for Benefits Assessed. All liens for the
assessment of benefits pursuant to the provisions of the two
preceding subsections shall be filed, revived and collected in
accordance with law.
No appeal taken shall prevent the filing of liens by the
county for any assessment made by virtue of the viewers'
report, but upon the final determination of the issue the
court may make such order as to any lien filed that shall
appear right and proper.
(m) Sidewalks Along County Roads. Whenever considered
necessary for the safety and accommodation of the public, the
county commissioners may locate, construct and maintain
sidewalks along county roads. The cost of the construction and
maintenance of said sidewalks shall be paid by the county.
(n) Lights Along County Roads. Whenever considered necessary
for the safety and convenience of the traveling public, the
county commissioners may supply and equip any county road or
parts thereof with lights of such kind as they shall deem
necessary. The commissioners may for this purpose contract
with any individual or with any municipal or private
corporation. The cost of the construction may and the cost of
maintenance of the said lights shall be paid by the county.
(2901 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2902. System of Main Thoroughfares in County.--(a)
Adoption of System. 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 said
board shall adjudge the proper roads to be established and
specially constructed and improved. In adopting such system,
the commissioners shall consider the population and needs of
all parts of the county and make an equitable distribution of
the roads to be specially constructed, located and improved by
the said county. They shall cause a plan or plans to be made
showing said system of proposed roads, the relation of the
proposed roads to existing public roads which connect
therewith or are to be supplied thereby, the names of abutting
property owners, and also roads which already have been
improved by the county. Upon approval of said plan or plans by
the commissioners, they shall cause said approval to be
engrossed upon said plans and certified by at least two
commissioners. Said plans shall be filed for public inspection
in the office of the commissioners and recorded in the office
of the recorder of deeds in a book to be provided for the
purpose.
No part of the proposed roads of said system shall be an
easement upon private property or in any manner interfere with
the use thereof until established as a public road by the
action of the court of quarter sessions.
(b) Improvement of Municipal Roads. Whenever such system of
main thoroughfares has been adopted or when the adoption
thereof is contemplated within two years after the
commencement of such improvement, the commissioners may take
exclusive control of and improve any road or section thereof
located either wholly or in part in any municipality, whether
existing by their authority or laid out in whole or in part by
virtue of this act or otherwise. For that purpose, they may
originally locate, lay out, establish in whole or in part,
relocate, straighten, widen, extend, alter and open roads, and
construct and improve the same, and vacate so much of any
roads as may be thereby rendered unnecessary and useless. Any
road as established or altered, constructed and improved under
the provisions of this subsection shall, by ordinance enacted
by each municipality through which such road shall pass,
become municipal roads, and the duty of maintaining and
keeping the same in repair shall devolve upon each respective
municipality through or into which the same extends.
(c) Plan of System to Be Followed; Variations. After such
plans have been adopted and recorded pursuant to law, all
applications under the preceding subsection shall be
restricted and shall relate only to the establishing, opening,
construction and improvement of the proposed roads of said
system or parts thereof and the vacation of roads supplied by
the portion opened and improved. The commissioners may
relocate, straighten, widen, extend, alter and open, construct
and improve the proposed roads as laid out, surveyed, marked
and shown upon the plans of said system, or to originally
locate, lay out and establish, construct and improve roads
which substantially supply said system or parts thereof which,
although not parts of said system, are deemed by the said
court to be main thoroughfares of sufficient importance to be
improved by the county and to be added to said plan, and in
such case to vacate so much of the roads of said system and of
roads already established as may be rendered unnecessary by
the changes or by an entirely new location.
(d) Improvement of Roads Not Part of System on Contribution
From Parties Interested. The commissioners may also originally
locate, lay out and establish in whole or in part, relocate,
straighten, widen, extend, alter and open, construct and
improve roads not parts of said system nor deemed main
thoroughfares, upon parties interested therein paying or
securing to be paid, such proportion of the cost of the
original construction and improvement as the commissioners may
deem just, which shall not be less than one-fourth of such
cost in any case.
(e) Annual Tax. The commissioners may levy, assess and
collect an annual tax, of not more than two mills upon the
dollar, upon all real and personal property within the county
taxable for county purposes, for the purpose of acquiring and
securing a fund from which to pay all costs, damages and
expenses required in locating, opening, widening,
straightening, extending, building, improving, maintaining,
repairing or vacating of the roads or parts thereof improved
under the provisions of this section, and for the taking and
using of such land as may be made necessary in constructing
and maintaining proper slopes, embankments, fills and
culverts. The moneys so raised shall not be expended for any
other purposes than those named in this subsection. All
warrants for the payment of any portion of the money raised
for the purposes aforesaid shall be issued, in the manner
provided by this act, upon estimates which shall be made from
time to time by the person charged with such duty, and the
amount and time within which the same shall be paid shall be
fixed and determined in the contract made for the public work
herein authorized.
(f) Borrowing Money and Bond Issue. Any county may borrow
money and secure such indebtedness for the purpose of building
and improving the roads or any part thereof constructed under
the provisions of this section.
(2902 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2903. Providing Roads, Tunnels, Subways and
Underground Roads.--(a) Whenever the county commissioners shall
deem it expedient so to do, they may cause to be purchased,
located, constructed, operated and maintained roads, tunnels,
subways or underground roads anywhere within the county,
either wholly or partly within the boundaries of any city,
borough or township. Any road, tunnel, subway or underground
road purchased or constructed under the provisions of this
section shall forever thereafter be a county road, tunnel,
subway or underground road, and the duty of maintaining and
keeping the same in repair shall devolve upon the county. The
expense thereof shall be paid by the county as hereinafter
provided.
(b) Contracts or Lease for Special Use of Improvements. The
commissioners may make a contract or lease with any street
railway or transportation company, its successors and assigns,
for the concurrent use of such a portion of said road, tunnel
or subway or underground road, as shall not substantially
impair or restrict the public use and enjoyment thereof, upon
such terms and conditions as shall be agreed upon.
(c) Taking Street or Other Property of Municipality. Should
the commissioners of the county deem it necessary or advisable
to enter upon or appropriate any road or property of any city
or borough in the county, or take any other action affecting
the property rights or authority of such municipality, for the
purpose of constructing or maintaining a road, tunnel, subway
or underground road, or in connection with the improvement of
any of them, which has been or is about to be purchased by the
county or otherwise, the consent thereto of such municipality
by ordinance shall be obtained before the actual entering in
or upon or the appropriation of such road or property. After
such entry and appropriation, the county shall be liable and
charged with the supervision, control and maintenance of said
roads and properties, or so much thereof as is taken and used
for the purpose of constructing and maintaining such road,
tunnel, subway or underground road, or in connection with the
improvement of any of them, purchased or to be purchased as
aforesaid.
(d) Annual Tax Levy. The commissioners may levy, assess and
collect an annual tax, of not more than two mills on the
dollar, on all real and personal property within the county
taxable for county purposes for the purpose of acquiring and
securing a fund from which to pay all costs, damages and
expenses required in the purchasing, improving, locating,
opening, constructing, maintaining and repairing roads,
tunnels, subways and underground roads, purchased or
constructed under the provisions of this section, and the
taking and using of such land as may be made necessary in
constructing the same and in maintaining proper slopes,
embankments, approaches and termini for said roads, tunnels,
subways and underground roads. The money so raised shall not
be used or expended for any other purposes than those named in
this subsection. All warrants for the payment of any portion
of the money raised for the purposes aforesaid shall be
issued, in the manner provided by this act, upon estimates
which shall be made from time to time by the person charged
with such duty. The amount and time within which the same
shall be paid shall be fixed and determined in the contract
made for the public work herein authorized.
(e) Borrowing Money and Bond Issue. The county may borrow
money and incur indebtedness to an amount not exceeding the
constitutional limitations, for the purchase and improvement
or construction of such roads, tunnels, subways and
underground roads.
(2903 amended Nov. 30, 2004, P.L.1439, No.186)
Section 2904. General Provisions.--(2904 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2905. Drains and Ditches.--In the construction,
reconstruction or maintenance of any county road or highway,
the county is hereby authorized and empowered to enter upon
private property, except the right of way of a railroad
company, for the purpose of constructing, reconstructing or
maintaining storm water drains, ditches or channels, and the
inlets and outlets thereto.
Section 2906. Damages for Entry on Lands.--Any damages
sustained by the owner or owners of land entered upon by the
county shall be paid by the county or counties within which
said property is located. The determination of the amount of
damage shall be in accordance with existing laws relative to
determination of damages for the location, relocation,
construction, reconstruction, etc., of county roads.
Section 2907. Penalties for Injuring Drains, Etc.--If any
person shall stop, fill up or injure any such drain, channel
or ditch, or the inlets or outlets thereto, or shall divert or
change the course thereof, without any authority of the
county, or shall be responsible for the same, and does not
eliminate or remove such obstruction of or interference with
said drains, channels, ditches, etc., upon ten (10) days
notice in writing from the county so to do, then and in that
case such person shall be convicted of a summary offense.
Every day's violation, after written notice has been received
by the proper person, shall constitute a separate offense:
Provided, however, That nothing herein contained shall limit
or deprive the said counties of any other remedy which they
may now or in the future have, in law or equity.
(2907 amended Nov. 30, 2004, P.L.1439, No.186)
(b) Vacation as County Roads
Section 2909. Vacation as County Roads.--Upon petition of
the county commissioners, the court of common pleas may vacate
as a county road any portions of any abandoned or condemned
road, or any portions of any road purchased by the county, or
of any road, the permanent location or improvement whereof has
been ordered or made under this or former acts relating to
county roads. All portions of such roads so vacated shall
become and be township roads, if located within a township, or
shall become and be borough or city roads, if located within a
borough or city. Written notice of the contents of said
petition and the time when the same will be presented to the
court shall be given by the county commissioners to the
supervisors or commissioners of the township or townships or
to the council of the borough or city through which said road
passes, at least ten days before the date of presenting the
same. At the time said petition is presented, the court may
fix a time for hearing in open court, or may refer the matter
to an examiner to take testimony and report his findings to
the court at such time as the court shall direct. At any
hearing in open court or before an examiner appointed by the
court, all parties in interest may appear and be heard. After
such hearing, the court, if it shall find that the conditions
prescribed by this act have been complied with, may grant the
prayer of the petitioners and make a decree accordingly or
make such order in the premises as it deems right and just. No
order of vacation shall be made until the township, borough or
city affected shall have consented thereto by an ordinance or
resolution certified to the court.
(2909 amended Nov. 30, 2004, P.L.1439, No.186)
(c) Continuous Highways from One County
to Another
Section 2912. Laying Out; Altering; Vacating.--Roads
forming or intended to form a continuous highway from one
county to another, which cross a river, creek or rivulet
forming a boundary line between said counties, may be laid out
or altered or vacated in the manner provided in the case of
other roads.
(2912 amended Nov. 30, 2004, P.L.1439, No.186)
(d) County Aid to Municipalities and Townships
Section 2920. Municipal Streets Connecting Two Ends of
County Road.--When a city or borough intervenes between two
ends of a county road, and the municipality has failed to
properly improve the municipal streets constituting the
shortest and most reasonable route through said municipality
which will connect the two ends of such county road, the board
of commissioners may contract with the corporate authorities
of the municipality that the shortest and most reasonable
route through said municipality connecting the two ends of
such highway be improved.
Section 2921. Municipal Streets as Terminus of County Road.-When a county road terminates at the corporate limits of a
city or borough in the same or in another county and connects
with a municipal street which the municipality has failed to
properly improve, and the commissioners of the county in which
the municipality is located deem the improvement of such
municipal street necessary in order to make such county road
easily accessible to the residents of the municipality or to
the traveling public, the county commissioners may contract
with the corporate officials of the municipality that such
municipal street or any part thereof be improved, and also
that there be improved, when necessary, any parts of the
streets connected therewith which connect said county road
with the business districts of said municipality or with a
system of improved streets therein or which connect the said
road with another county road terminating at the limits of
said municipality. If several municipalities are contiguous to
each other and at the corporate limits of any one of them a
county road terminates and one or more of such municipalities
have failed to properly improve any municipal street therein,
and the county commissioners deem the improvement of such
street necessary in order to make such county road easily
accessible to the residents of the municipality or to the
traveling public, the board of commissioners may enter into a
similar contract with the corporate authorities of such
municipality or municipalities.
Section 2922. Improvements.--The board of commissioners may
widen, repave or otherwise improve said municipal streets
whenever the same is necessary to accomplish any of the
purposes of sections 2920 and 2921 of this act. Whenever such
improvement is made to a municipal street, the county may pay
the total cost of such improvement, or the cost may be divided
between or among the municipality or municipalities and the
county. The contract for any such improvement may be taken by
the county upon the stipulation by any municipality to pay its
proportionate share of the cost, if any, upon the completion
of the work, or it may be taken by any municipality upon a
like stipulation of the county, or the improvement may be made
by joint contract.
Section 2923. Maintenance.--Before any municipal street is
so improved, the board of commissioners and the council of
such municipality shall agree upon the maintenance of such
street. Such agreement may provide that such street shall be
kept and maintained in good repair by the municipality, in
which case, upon the completion of said improvement, all
further liability and responsibility of the county shall cease
and determine, or it may provide that it shall be kept and
maintained in good repair by the county and the share of the
municipality shall be paid annually to the county.
Section 2924. Contracts With Borough, Township or
Incorporated Town.--The board of commissioners may contract
with the authorities of any borough or township, separately or
jointly, providing that the commissioners shall construct an
improved road in a similar manner as a county road. The
expense or cost of said construction shall be borne jointly by
the borough, township and the county in such ratio or
proportions as may be agreed on in said contract or contracts,
irrespective of whether the municipality intervenes between
two ends of the county road or not, or whether or not the
municipality is the terminus of a county road, State highway
or township road.
Section 2925. Payment.--Payment for the construction of said
road or roads shall be made by the county, which shall be
reimbursed by the borough or township in such sums as agreed
upon in said contract or contracts, upon presentation to them,
from time to time, of estimates and bills for work already
performed and paid for.
Section 2926. Repair and Maintenance.--Any such road
constructed jointly shall be repaired and maintained at the
expense of the county, but nothing shall prevent the
authorities of a borough or township from entering into a
contract or contracts with the county for the maintenance of
said improved road under such terms and conditions as may be
mutually satisfactory.
Section 2927. Where Center Line of Highway is Boundary
Between City or Borough and Township.--Whenever the center
line of any road constitutes the dividing line between any
city or borough and a township located in the same county, the
board of county commissioners and the commissioners or
supervisors of such township may enter into a contract with
the city or borough providing for the grading, curbing and
macadamizing or paving of the roadway of said road. The cost
thereof shall be borne one-half by the city or borough and
one-half by the county and township, in equal portions.
Section 2928. Alteration or Improvement.--The said
alteration or improvement shall be constructed and subsequent
repairs shall be made under the supervision of the proper
authorities of the city or borough, in compliance with laws
governing the construction of such alterations or improvements
in said city or borough, and in further compliance with plans
and specifications to be agreed upon in writing between the
said city or borough and the board of commissioners of the
county and commissioners or supervisors of the township. The
cost of repairs shall be borne one-half by the city or borough
and one-half by the township, or by the county and township in
equal portions or such other proportion as may be agreed upon
by the county and township.
Section 2929. Where Center Line of Road is Boundary Between
City or Borough and Township in Adjoining County.--Whenever
the center line of any road constitutes a dividing line
between a township and a city or borough located in an
adjacent county, the board of commissioners of the county and
the commissioners or supervisors of such township may enter
into a contract with the city or borough providing for the
grading, curbing, macadamizing or paving of the roadway of
said road. The cost thereof shall be borne one-half by the
city or borough and one-half by the township and the county in
which such township shall be situated, in equal portions.
Section 2930. Alteration, Improvement and Repairs.--Said
alteration or improvement shall be constructed and subsequent
repairs shall be made under the supervision of the authorities
of the city or borough, in compliance with laws governing such
construction or improvement by such city or borough, and in
further compliance with plans and specifications to be agreed
upon in writing between such municipality and board of
commissioners of the county and the commissioners or
supervisors of the township. The cost of repairs shall be
borne one-half by the municipality and one-half by the
township, or by the county and township in equal portions or
such other proportion as may be agreed upon by the county and
township.
Section 2931. Improvement on Order of Court of Common
Pleas.--(Hdg. amended Nov. 30, 2004, P.L.1439, No.186) (a) In
all cases in which it shall be found impossible to enter into
such contracts or agreements, or where either the city or
borough and the township or the county in which such township
is situated shall refuse to enter into such contract or
agreement, either the municipality or the county or township
may present its petition to the court of common pleas of
either county setting forth the facts and circumstances,
including the condition of the road from which the necessity
and desirability for the grading, curbing, macadamizing or
paving of the roadway appears, and the estimated cost thereof,
and that the terms of such contract cannot be agreed upon by
the municipality and county or township, or either or any of
them, or that either such municipality or the county or
township or any of them refuses to enter into such contract.
((a) amended Nov. 30, 2004, P.L.1439, No.186)
(b) The petition may pray that the court, after hearing all
the parties concerned, make its order or decree defining the
nature and character of the improvement reasonably necessary
or desirable to be made to the roadway, and requiring the
parties hereinabove specified to enter into a contract or
contracts for the making and constructing of the same as
herein provided for. A copy of said petition, duly certified,
shall be served upon the municipality or county and township
concerned, other than the petitioner, with notice of the day
fixed by the court for the hearing. Thereupon, any of the
parties served with such notice shall be entitled, on or
before such date, to file in the court its answer to said
petition setting forth its version of the facts or such other
matters in relation thereto as may be deemed necessary or
proper by it.
(c) The court, upon the date fixed or at such other time as
it may appoint, shall hear the evidence of the parties, or it
may refer the matter to a master who shall hear the testimony
of the parties and report his findings, in the same manner and
under the same procedure as provided by the rules in equity in
similar cases, to the court, which may reject, confirm or
modify the same, and may make its decree or order directing
the making of such alterations or improvements to the roadway
as may be deemed reasonably necessary or desirable, and
providing for the sharing of the cost of such improvements,
one-half by the municipality and one-half by the county and
township, in equal portions.
(d) Said order or decree may further provide that the
repairs to such alterations and improvements subsequently
required shall be borne one-half by the municipality, whether
borough or city, and one-half by the county or township, in
equal portions, or such other proportions as between the
county and the township as such court may find to be legal and
proper. Thereupon, the grading, curbing, macadamizing or
paving of the roadway of such road shall proceed in accordance
with the decree or order of the said court, in the same manner
as if the contract or agreement had been entered into and duly
executed.
Section 2932. Guards or Barriers Along Township Roads.-(2932 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2933. Improvements of Roads Connecting with State
Highway.--The county may, singly, or jointly with any city or
borough, appropriate and expend moneys for the improvements of
any road, not more than one mile in length in distance,
outside of the limits of such city or borough, for the purpose
of connecting improved streets in such cities or borough with
a State highway.
Section 2934. Purchase of Road Machinery; Renting of Road
Machinery to Townships.--The county commissioners of any
county may purchase such machinery for the preparation of road
material and the construction and maintenance of roads as they
deem necessary and pay for the same out of the general funds
of the county. Such machinery may be rented by the county
commissioners to any of the townships within such county
applying for same, under such regulations and at such rentals
as the county commissioners shall prescribe and fix. All
machinery 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.
(e) Detours
Section 2940. Laying Out Detours When County Road is
Closed.--(a) Except in the case of emergency wherein the safety
of the public would be endangered, no county road shall be
closed to vehicular traffic except upon order of the county
commissioners, nor for a longer period than is necessary for
the purpose for which such order is issued. Except for
temporary emergency police measures wherein the safety of the
public would be endangered if it were not temporarily closed,
no county road shall be closed to vehicular traffic when the
same has been designated as a detour by the Department of
Transportation unless the written consent of the Department of
Transportation has first been obtained, or unless the county
commissioners having jurisdiction over said road shall, by
resolution, declare such closing necessary for the protection
of the public safety. ((a) amended Nov. 30, 2004, P.L.1439,
No.186)
(b) Whenever any county road shall be closed to vehicular
travel, the board of commissioners shall immediately designate
or lay out a detour, on which they shall cause to be erected
and maintained, while such detour is in use, legible signs at
each public road intersection throughout its entire length
indicating the direction to the main highway. During the
period when such detour is in use, the county commissioners
shall maintain such detour in safe and passable condition.
They shall also immediately remove all detour signs when the
highway originally closed is again opened for traffic.
(c) The county commissioners shall, as soon as possible,
repair the road designated as a detour and place it in a
condition at least equal to its condition when designated as a
detour.
(d) "Highway" as used in this act includes all public
thoroughfares and ways equally with the word "road," for
convenience of expression.
Section 2941. Detour Over Private Lands.--Whenever necessary
in the creation of a detour as aforesaid, the county
commissioners responsible for laying out the detour may enter
into an agreement with the owners of private lands covering
the acquisition of right of way privileges over private
property for the period when the main highway shall be closed
to traffic. In the exercise of the rights conferred by this
section, the county commissioners responsible are hereby
empowered to pay for the necessary maintenance, subsequent
repair and land rental out of such funds as are available for
the construction and maintenance of the roads in their charge.
Section 2942. Fines and Damages.--(a) Any person who shall
wilfully remove, deface, destroy or disregard any barricade,
light, danger sign, detour sign or warning of any character
whatsoever, erected or placed under authority of section 2940
of this act, or who shall drive on, over or across any road
which has been closed by proper authority, shall be convicted
of a summary offense: Provided, however, That persons who have
no outlet due to the closing of a road may drive on, over or
across such road, with the consent in writing of and subject
to such conditions as may be prescribed by the county
commissioners responsible for the closing, or their agents or
contractors, without being subject to the fines imposed by
this section.
(b) In addition to the fines herein provided, the county
commissioners responsible for the maintenance of a road which
has been closed to vehicular traffic, or their agents or
contractors, may, in an action at law, recover damages from
any person or persons who have damaged a road when it is
closed to vehicular traffic.
(c) All fines collected under the provisions of this section
shall be paid to the county treasurer for the general fund use
of the county.
(2942 amended Nov. 30, 2004, P.L.1439, No.186)
(f) Protection of Roads
Section 2950. County Road Caretakers.--(2950 repealed Nov.
30, 2004, P.L.1439, No.186)
Section 2951. Caretakers Not Entitled to Fines or
Penalties.--(2951 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2952. Badge of Caretaker.--(2952 repealed Nov. 30,
2004, P.L.1439, No.186)
Section 2953. Rules for Protection of Road; Penalty for
Violation.--(2953 repealed Nov. 30, 2004, P.L.1439, No.186)
Section 2954. Penalty for Destroying, Et Cetera, Index
Boards.--(a) It shall be unlawful for any person to wilfully
destroy, remove, injure or deface any sign or index board
erected upon or near any public street, road or bridge by the
authorities of any county, or erected, with the consent of
such authorities, by any club, association or other organized
body, for the direction, guidance or safety of travelers. Any
and all such signs of wood, metal or other substance, affixed
to trees or posts in or upon any roads, properly erected in
such manner that they do not interfere with travel, or upon
fences, telegraph, telephone, trolley or other poles, with the
permission of the owners thereof, or upon private grounds,
where consent has been obtained from the owners and tenants
thereof, and which are close to roads, shall be within the
provisions of this section.
(b) Any person violating the provisions of this section
shall be convicted of a summary offense and, in addition to
other fines and penalties provided by law, may be required to
provide reimbursement for the value of such sign so destroyed.
((b) amended Nov. 30, 2004, P.L.1439, No.186)
Section 2955. Snow Fences.--(a) The county which is
responsible for the maintenance of any road may enter upon
private property adjacent to such road and place thereon snow
fences, at any point as may be deemed necessary to within a
limit of one hundred feet from the right-of-way line of such
road, in order to eliminate snow drifting on the traveled
portion thereof.
(b) No snow fence authorized under this section shall be
placed prior to November first nor shall the same remain in
place after April first of the succeeding year, unless the
written consent of the owner of the adjacent property is
obtained, agreeing to an extension of time for the removal of
said snow fence.
(c) If the county responsible for the maintenance of the
road shall not be able to enter into an agreement with the
owner of adjacent property occupied by such snow fence as to
the amount of damages sustained as a result of said fence
being placed and removed, the owner may petition the court of
the proper county for the appointment of viewers to ascertain
the amount of damages incurred in such case. The appointment
of viewers and the procedure thereafter shall be governed and
be in accordance with this act, as provided for eminent domain
proceedings. Such damages, if any, when ascertained, shall be
paid by the county responsible for the maintenance of the
road, and any funds available to the county for the
construction and maintenance of roads under their supervision
shall be available for the payment of such damages.
Section 2956. Elimination of Dangerous Curves and Widening
of Narrow Roads.--The county may acquire, by purchase or by
the right of eminent domain, such property and lands situate
along or adjacent to any county road as, in the opinion of the
commissioners of such county, may be necessary to eliminate
dangerous curves and widen narrow roads, for the better
protection and safety to the traveling public.
Upon any such purchase or condemnation, the county
commissioners having had such property and lands condemned
may, from time to time, cause to be abated or removed any such
dangerous curve or curves or widen such narrow road to the
extent of the property and land so acquired.
Proceedings for the condemnation of such property and lands
shall be as provided in Article XXVI of this act.
Article XXX
Recreation Places
(a) General
Section 3001. Acquisition of Land and Buildings for
Recreation Places.--(a) The county commissioners may designate
and set apart for use as parks, parkways, bridle paths, horse
show rings, foot paths, playgrounds, playfields, gymnasiums,
public baths, swimming pools or indoor recreation centers, and
as agricultural fairgrounds, any lands or buildings owned by
such county and not dedicated or devoted to other public use.
(b) The county commissioners may also acquire lands or
buildings for such purposes by gift, purchase or may lease
lands or buildings in such county for temporary use for such
purposes.
(3001 amended Dec. 7, 1982, P.L.778, No.224)
Section 3002. Equipment and Maintenance.--The authority to
supervise, build and maintain fairgrounds, parks, parkways,
bridle paths, horse show rings, footpaths, playgrounds,
playfields, gymnasiums, public baths, swimming pools or indoor
recreation centers may be vested in any existing body or
board, or in a park board, or recreation board, or fair board,
as the county commissioners may determine. The county
commissioners of the county may equip, operate and maintain
the fairgrounds, parks, parkways, bridle paths, horse show
rings, foot paths, playgrounds, playfields, gymnasiums,
swimming pools, public baths or indoor recreation centers as
authorized by this act, and may, for the purpose of carrying
out the provisions of this act, employ play leaders,
recreation directors, supervisors, superintendents or any
other officers or employes, as they deem proper.
(3002 amended Dec. 7, 1982, P.L.778, No.224)
Section 3003. Fair, Park and Recreation Boards.--(a) If the
county commissioners shall determine that the power to
supervise fairgrounds, parks, parkways, bridle paths, horse
show rings, foot paths, playgrounds, playfields, gymnasiums,
public baths, swimming pools or recreation centers shall be
exercised by a park board or recreation board or fair board,
they may establish in said county such fair board, park board
or recreation board, which shall possess all the powers and be
subject to all the responsibilities of the respective county
commissioners. Any of such boards when established, shall
consist of a minimum of five persons and a maximum of nine
persons.
(b) The members of such boards shall be appointed by the
commissioners of such county and shall be appointed for a term
to extend no longer than five years and the terms of the
members shall be staggered in such a manner that at least one
expires annually. Members of such board shall serve without
pay. Vacancies in such board occurring otherwise than by
expiration of term shall be for the unexpired term and shall
be filled in the same manner as original appointments.
(3003 amended Dec. 7, 1982, P.L.778, No.224)
Compiler's Note: Section 9(b) of Act 173 of 1978 provided
that section 3003 is repealed insofar as it is
inconsistent with 1 Pa.C.S. § 2301(b) (relating to
equality of rights based on sex)..
Section 3004. Officers of Board.--The members of a fair
board, park board or recreation board, established pursuant to
this act, shall elect their own chairman and secretary and
select all other necessary officers, to serve for a period of
one year, and may, with the consent and approval of the county
commissioners, employ such persons as may be needed, as
authorized by this act. Such board shall have power to adopt
rules and regulations for the conduct of all business within
their jurisdiction.
Section 3005. Joint Action.--The county authorized by this
act to acquire property for and operate and maintain any
fairgrounds, parks, parkways, bridle paths, horse show rings,
foot paths, playgrounds, playfields, gymnasiums, public baths,
swimming pools or indoor recreation centers may acquire
property for such purposes, and operate and maintain the same
jointly with any other county or any city, borough, township
or school district.
(3005 amended Dec. 7, 1982, P.L.778, No.224)
Section 3006. Indebtedness.--The county commissioners may
issue bonds for the purpose of acquiring lands or buildings
for fairgrounds, parks, parkways, bridle paths, horse show
rings, foot paths, playgrounds, playfields, gymnasiums, public
baths, swimming pools or indoor recreation centers, and for
the equipment thereof.
(3006 amended Dec. 7, 1982, P.L.778, No.224)
Section 3007. Payment of Expenses; Taxation; Annual Fairs;
State Contributions.--(a) All expenses incurred in the
operation of such fairgrounds, parks, parkways, bridle paths,
horse show rings, foot paths, playgrounds, playfields,
gymnasiums, swimming pools, public baths and indoor recreation
centers, established as herein provided, shall be payable from
the treasury of such county. The county commissioners may
annually appropriate and cause to be raised by taxation such
tax, not to exceed two mills on the dollar of the assessed
valuation of taxable property in such county, for the purpose
of maintaining and operating such fairgrounds, parks,
parkways, bridle paths, horse show rings, foot paths,
playgrounds, playfields, gymnasiums, public baths, swimming
pools and recreation centers. ((a) amended Dec. 7, 1982,
P.L.778, No.224)
(b) The county commissioners or the fair board, if there be
one, may provide for and hold an annual fair or agricultural
exhibition on the fairgrounds acquired or maintained as
aforesaid, and may accept aid or contributions from the
Commonwealth under the act of Assembly for the payment of
premiums at any such fair or exhibition.
(b) Parks
Section 3025. County May Provide Parks.--It shall be lawful
for and the right and power is hereby conferred upon the
county to enter upon, take, use and appropriate, by the right
of eminent domain, and to acquire by purchase, lease, gift,
devise or otherwise, private property, for the purpose of
establishing, making, enlarging, extending, operating and
maintaining public parks and multiuse recreational trails
within the limits of such county, whenever the county
commissioners thereof shall, by resolution, determine thereon.
(3025 amended Dec. 9, 2002, P.L.1383, No.170)
Section 3026. Eminent Domain Proceedings.--In all cases
wherein the county shall enter upon, take, use and appropriate
private property for the aforesaid purposes, by resolution of
the county commissioners, if the compensation and damages
arising therefrom cannot be agreed upon by the owners thereof
in such county, such compensation and damages shall be
considered ascertained, determined, awarded and paid in the
manner provided in this act for such proceedings.
Section 3027. Title Acquired in Eminent Domain
Proceedings.--In every case of the taking of property by
eminent domain hereunder, the county may acquire fee simple
title or an easement or any other interest therein in the said
property.
(3027 amended Dec. 9, 2002, P.L.1383, No.170)
Section 3028. Improvements in Parks.--The county
commissioners shall have the power to govern, manage, operate,
lay out, plant and ornament the said public parks, and to
maintain the same in good order and repair, and to construct
all proper bridges, buildings, roadways, lakes, golf courses,
playgrounds, bridle paths, horse show rings and other
improvements therein, and to make rules and regulations for
the conduct of the patrons thereof, and to repress all
disorders therein, under the provisions hereinafter contained.
(3028 amended Dec. 7, 1982, P.L.778, No.224)
Section 3029. Park Buildings.--The county commissioners
shall have exclusive power to lease all houses, cottages and
buildings within the park limits which may be let without
prejudice to the interest and purposes of the park, and to
collect the rents.
Section 3030. Use of Receipts.--All rents, license charges
and fees, all fines, proceeds of sales, except of lands
purchased, and profits of whatsoever kind, to be collected,
received, or however realized, shall be paid into the county
treasury as a fund to be exclusively appropriated by the
county commissioners for park purposes: Provided, That moneys
or property given or bequeathed to the county commissioners
upon specified trusts shall be received and receipted for by
the county treasurer and held and applied according to the
trusts specified.
Section 3031. Penalties.--Any person who shall violate any
of said rules and regulations which shall be ordained by the
county commissioners for the government of said public parks,
not inconsistent with this act or the laws and Constitutions
of this State and the United States, the power to ordain which
rules and regulations is hereby expressly given to said
commissioners, shall be guilty of a summary offense, and, upon
conviction thereof, shall pay such fine as may be prescribed
by the county commissioners, to be recovered before any
alderman or justice of the peace of said county, which fines
shall be paid into the county treasury.
(3031 amended Dec. 7, 1994, P.L.843, No.118)
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 3032. Damages; Forfeiture of Leases.--Any person
violating any of said rules and regulations shall be further
liable to the full extent of any damage by him or her
committed, in trespass or other action, and any tenant or
licensed party who shall violate the said rules and
regulations or any of them, or consent to or permit the same
to be violated on his or her or their premises, shall forfeit
his or her or their lease or license and shall be liable to be
forthwith removed by a vote of the county commissioners, and
every lease and license shall contain a clause making it cause
of forfeiture for the lessee or party licensed to violate or
permit or suffer any violation of said rules and regulations
or any of them.
Section 3033. Employes; Police.--For the purpose of
performing all necessary duties relating to the establishing,
making, enlarging, extending and maintaining public parks and
for enforcing the rules and regulations ordained by the county
commissioners for the conduct of the patrons thereof, the said
county commissioners are hereby authorized to employ or
appoint and equip proper persons to do all necessary and
proper work connected therewith, including police duty, the
compensation of all persons so employed to be fixed by the
salary board of the county.
Section 3034. Duty of Police.--It shall be the duty of the
police appointed to duty in said public parks, without
warrant, forthwith to arrest any offender against the rules
and regulations ordained by the county commissioners that they
may detect in the commission of such offense, and to take the
person so arrested forthwith before a magistrate, alderman or
justice of the peace having competent jurisdiction.
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 3035. Indebtedness; Taxation.--The county
commissioners may issue bonds for the purpose of acquiring
lands or buildings for parks, playgrounds, playfields,
gymnasiums, swimming pools, public baths or other outdoor or
indoor recreation centers, and for the enlargement, extension
and equipment thereof, and may annually appropriate and cause
to be raised by taxation such taxes, not to exceed one mill on
the dollar of the assessed valuation of taxable property in
the county, for the purpose of establishing, making,
enlarging, extending and maintaining same.
(c) Fair Grounds
Section 3050. County May Take Title to Fair Grounds.--Where
the owner or owners of any real estate, with or without
improvements thereon, adapted to the use or purpose of public
agriculture fairs or exhibits are willing to convey said real
estate to the county wherein located, to be held in trust for
citizens and inhabitants of the county, the county
commissioners shall have the right to take title thereto and
hold such real estate in trust for the benefit of the citizens
and inhabitants of the county.
Section 3051. Contributions Permitted.--The county
commissioners of the county shall have the power to receive
and accept contributions in building or materials for
additional improvements on the real estate conveyed and held
in trust, as provided in section three thousand fifty.
Section 3052. Leases.--The county commissioners may lease
said real estate to any incorporated agriculture association
willing and financially able to manage said premises, on
condition that said premises will be used annually for
agriculture fairs and exhibitions each year without any
liability on the part of the county and with no expense to the
county. Upon failure of any lessee to comply with the terms of
any lease, the county shall retake possession of the real
estate.
Section 3053. Sale of Unused Grounds.--If, for a period of
five years, no public use of said real estate as contemplated
by the grant to the county is made, the county commissioners
shall have power to sell such real estate.
(3053 amended Nov. 30, 2004, P.L.1439, No.186)
ARTICLE XXX-A
COUNTY JAIL OVERSIGHT BOARD
(Art. repealed Aug. 11, 2009, P.L.147, No.33)
Section 3001-A. Short Title.--(3001-A repealed Aug. 11,
2009, P.L.147, No.33)
Section 3002-A. Definitions.--(3002-A repealed Aug. 11,
2009, P.L.147, No.33)
Section 3003-A. County Jail Oversight Board.--(3003-A
repealed Aug. 11, 2009, P.L.147, No.33)
Section 3004-A. Powers and Duties.--(3004-A repealed Aug.
11, 2009, P.L.147, No.33)
Section 3005-A. Rules and Regulations.--(3005-A repealed
Aug. 11, 2009, P.L.147, No.33)
Section 3006-A. Warden.--(3006-A repealed Aug. 11, 2009,
P.L.147, No.33)
Section 3007-A. Board Meetings.--(3007-A repealed Aug. 11,
2009, P.L.147, No.33)
Section 3008-A. Contracts and Purchases.--(3008-A repealed
Aug. 11, 2009, P.L.147, No.33)
Section 3009-A. Construction.--(3009-A repealed Aug. 11,
2009, P.L.147, No.33)
Article XXXI
Fire Marshals in Counties of the Second Class
(Hdg. amended Oct. 20, 1967, P.L.472,
No.224)
Compiler's Note: Section 13 of Act 214 of 1990 provided that
nothing in Act 214 shall be construed to repeal Article
XXXI.
Section 3101. Appointments; Qualifications; Salaries;
Duties of Deputy Fire Marshals.--The county commissioners
shall, on the fourth Monday of March, in the year one thousand
nine hundred forty-three, and every fourth year thereafter,
appoint a citizen of such county to serve as fire marshal and
such number of citizens of said county as the county
commissioners may deem necessary to serve as deputy fire
marshals. In making such appointments, the county commissioner
representing the minority political party in the county shall
name one of the deputy fire marshals, and as vacancies occur
the commissioner representing the minority party shall name
the successor to any deputy fire marshal selected by a
commissioner representing the minority party. The fire marshal
and deputy fire marshals shall serve at the pleasure of the
board of county commissioners. The fire marshal shall report
to and be subject to the supervision of the superintendent of
county police or his authorized designee. The deputy fire
marshals shall report to and be subject to the supervision of
the fire marshal. No person shall be appointed fire marshal
unless he shall have had ten years active service as a member
of a fire department, and no person shall be appointed a
deputy fire marshal unless he has had five years experience as
an active member of a fire department. The salary of the fire
marshal and the deputy fire marshals appointed under the
authority of this act shall be fixed by the salary board and
shall be in lieu of all other salary or compensation from any
source whatsoever. The deputy fire marshals appointed as
aforesaid shall have the same powers and shall perform the
same duties as those prescribed for the fire marshal.
The salary herein authorized shall be provided for by the
county commissioners and paid semi-monthly out of the county
treasury.
(3101 amended May 16, 1996, P.L.210, No.39)
Section 3102. Offices and Supplies.--The county
commissioners shall provide the fire marshal and deputy fire
marshals with suitable offices, and shall pay or cause to be
paid out of the treasury all the costs of maintenance thereof,
including clerk and stenographic hire, and all necessary
supplies, stationery, postage and other incidental expenses.
(3102 amended May 16, 1996, P.L.210, No.39)
Section 3103. Oath of Office and Bond.--Before entering on
the duties of his office, the fire marshal and deputy fire
marshals shall take an oath of office and furnish bond as is
now provided by law in the case of other county officers.
(3103 repealed in part Nov. 22, 2011, P.L.431, No.106)
Section 3104. Attendance at Fires; Duties and Powers; Aid
and Assistance; Investigations.--The fire marshal or one of
his assistants shall attend, if practicable, all fires
occurring in the county, and shall endeavor to save and
protect from the fire all property in danger therefrom and to
protect such property from loss by pillage and theft and from
injury and destruction in any manner, and he shall have power
to take any measures he may deem proper and expedient for that
purpose, and he shall also have power to call upon any
constable, policeman or citizen of any city, ward, borough or
township in the county to aid and assist him in protecting and
saving property, as aforesaid, and to aid and assist in
carrying into execution any measures he may deem proper and
expedient, as aforesaid, and he shall investigate and, if
possible, ascertain the origin and cause of every fire
occurring in the county, the nature and value of the property
injured or destroyed thereby, whether said property was
insured or not, and if insured, the amount of such insurance,
by whom effected, for whose benefit and by whom the risk was
taken, the names and places of residence of the owner or
owners and of all parties interested in the property injured
or destroyed and the nature and amount of such interest.
Section 3104.1. Rules and Regulations; Permits and Fees;
Notice of Fires.--(a) The county commissioners shall adopt and
enforce, except in cities of the second class, rules and
regulations governing the having, using, storage, sale and
keeping of gasoline, naphtha, kerosene or other substances of
like character, as promulgated by the Pennsylvania State
Police under the laws of the Commonwealth of Pennsylvania.
(b) The county commissioners may adopt and enforce rules and
regulations not in conflict with local ordinances for the fire
marshal, except in cities of the second class, governing the
following:
(1) The requiring and placing of fire extinguishers,
sprinkler systems and other fire preventive equipment in
buildings, except in private homes, installation shall be made
within one year after notification.
(2) The requiring of reports of losses in an amount of one
hundred dollars ($100) or more, as now provided by law and
regulation to be made to the Pennsylvania State Police, to the
fire marshal of said county, of fires and explosions by fire
insurance companies operating or writing insurance on property
located in said county. Such reports may be filed on behalf of
such companies by an actuarial bureau or statistical
organization.
(c) The county commissioners may adopt and enforce rules and
regulations requiring permits for any matter or matters
governed by the rules and regulations adopted pursuant to the
provisions of this section and to collect reasonable fees
therefor.
(d) Any person violating any of the rules and regulations
formulated and adopted by the board of county commissioners
pursuant to this section shall, upon conviction thereof at a
summary proceeding, be sentenced to pay such fine as may be
prescribed in such rules and regulations by the county
commissioners, but not in excess of one hundred dollars
($100), to be paid to the use of the county, with costs of
prosecution or to be imprisoned in the county jail for not
more than thirty days.
(3104.1 added July 14, 1961, P.L.632, No.326)
Section 3105. Investigation, Transfer to County Police for
Prosecution.--If, in any investigation, it shall appear to the
fire marshal or deputy fire marshal, from the evidence
presented or obtained, that any building or other property in
the county has been wilfully set on fire by any person or
persons, the fire marshal or deputy fire marshal shall
transfer the evidence presented or obtained during the course
of the investigation to the county police evidence room
technician, along with a recommendation to the superintendent
of county police for criminal prosecution of the person or
persons responsible for setting the fire.
(3105 amended May 16, 1996, P.L.210, No.39)
Section 3106. Administration of Oaths; False Testimony;
Subpoena and Attachment; Refusal to Testify or Produce
Documents.--The fire marshal or deputy fire marshal, in order
to enable them to discharge the duties required in the
foregoing section, shall have power to administer oaths and
affirmations in the discharge of the duties of his office, and
a wilful violation of any oath or affirmation so administered
by him, or wilfully and knowingly giving false testimony
before him, shall be perjury; and he shall have power to
compel the attendance of any person whom he may desire to
examine in relation to any fire by subpoena and attachment;
and if any person shall refuse to be sworn or affirmed or to
testify in relation to any of the matters in regard to which
it is the duty of the fire marshal to make investigation, or
shall refuse to produce before the fire marshal any books,
papers or documents in their possession which the said marshal
may deem necessary to enable him to ascertain the truth in any
investigation then being made by him, the said marshal shall
have the power, upon the approval of the superintendent of
county police and the authorized representative of the
district attorney's office, to commit such person to the
county jail until such person shall be willing to and shall be
sworn or affirmed or testify or produce the books, papers and
documents, as the case may be, and no longer: Provided, That
no testimony taken under oath or affirmation before the fire
marshal, as aforesaid, shall be used in evidence against the
party giving it in any civil or criminal proceedings
whatsoever, except in prosecutions against such party for
perjury.
(3106 amended May 16, 1996, P.L.210, No.39)
Section 3107. Disobedience of Orders; Refusal to Execute
Warrant; Hindering or Obstructing Marshal.--Any constable,
policeman, watchman or citizen who shall refuse or neglect to
obey the orders or directions of the fire marshal when called
upon by him to aid or assist in saving or protecting any
property at any fire, or any person or persons who shall
wilfully hinder or obstruct or attempt to hinder or obstruct
the fire marshal in the performance of his duties, shall be
guilty of a misdemeanor, and, upon conviction thereof in the
court of common pleas of the county, shall be punished by a
fine not exceeding fifty dollars ($50) and imprisonment in the
county jail for a term not exceeding one (1) year.
(3107 amended May 16, 1996, P.L.210, No.39)
Section 3108. Examination of Buildings and Structures;
Notice to Alter, Remove or Amend.--Upon written request of the
governing body of any municipality located within the county,
the fire marshal or a deputy fire marshal shall have the power
to examine the dwelling houses and any other buildings and
structures in the county for the purpose of ascertaining
whether, by reason of age or dilapidated condition or
accumulation of waste, rubbish, debris, explosive or
inflammable substance, or existence of any other fire hazard,
such buildings or structures are especially liable to fire,
and upon finding any of them defective or dangerous, said
marshal shall direct the owner or occupants, either by printed
or written notice, to alter, remove or amend the same, in such
manner or within such reasonable time as they may deem
necessary, and in case of neglect or refusal to do so, the
party offending shall forfeit and pay, upon conviction thereof
before any justice of the peace, alderman or police magistrate
of the county, any sum not exceeding twenty-five dollars
($25), for the use of the county, to be collected as fines and
forfeitures are collected by law.
(3108 amended May 16, 1996, P.L.210, No.39)
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 3109. Expense of Removal, Alteration or Amendment;
Combustible or Explosive Matter.--The expense of any removal,
alteration or amendment, as aforesaid, shall be paid in the
first instance by the occupant, but shall be chargeable
against the owner of such dwelling house or other building and
shall be deducted from the rent of the same, unless such
expenses be rendered necessary by the act or default of such
occupant or unless there is a special agreement to the
contrary between the parties, and said marshal or deputy
marshal or either of them are hereby empowered at any and all
times to enter into and examine all buildings, structures or
places where any combustible or explosive matter may be lodged
and give such directions, in writing, in the premises as may
be deemed necessary relative to the removal thereof, and in
case of neglect or refusal on the part of the possessor of
such combustible materials or any of them to remove or secure
the same within the time and manner directed, the party
offending shall forfeit and pay, in addition to any penalty
hereinbefore imposed, the sum of twenty-five dollars ($25), to
be collected as heretofore provided for in this act.
(3109 amended May 16, 1996, P.L.210, No.39)
Section 3110. Records and Reports.--The fire marshal shall
keep a record of all fires occurring in the county, which
record shall show the results of his investigation in relation
to each fire and shall be open to the public for examination,
and he shall also keep on file in his office all depositions
and notes of testimony taken by him in the discharge of his
duties, which any person desirous of so doing shall be
permitted to examine and take copies of upon payment by them
to the said marshal of a fee determined by the fire marshal
for such examination, and he shall also, on the fourth Monday
of March in each year, make report, in writing, to the county
commissioners of his activities as fire marshal during the
year preceding his report.
(3110 amended Oct. 5, 1990, P.L.519, No.125)
Article XXXI-A
Fire Marshals and Assistants in Counties
of the Second Class A
(Art. added Oct. 20, 1967, P.L.472, No.224)
Section 3101-A. Appointment.--In counties of the second
class A the county commissioners may appoint a fire marshal
and assistant fire marshals deemed necessary to perform such
duties relating to the prevention and control of fire as the
county commissioners shall deem to be in the best interests of
the county. Any fire marshal or assistant fire marshals so
appointed shall not be assigned duties which will conflict
with fire marshals or municipal fire marshals or powers
relating to the control of fires conferred by law upon the
Pennsylvania State Police. Compensation for the fire marshal
and assistant fire marshals shall be set by the county salary
board.
(3101-A added Oct. 20, 1967, P.L.472, No.224)
ARTICLE XXXI-B
Allegheny Regional Asset District
(a) Preliminary Provisions
(Art. added Dec. 22, 1993, P.L.529, No.77)
Section 3101-B. Findings and Declaration of Policy.--(a)
The General Assembly finds the following:
(1) Supplemental sources of revenue are needed by
municipalities in the southwestern region of this Commonwealth
to finance programs of local tax relief.
(2) Supplemental sources of public and private revenue are
required to preserve, improve and develop the region's civic,
recreational, library, sports, cultural and other regional
assets.
(3) Local governments in southwestern Pennsylvania lack the
resources to adequately maintain, improve and modernize the
region's civic, recreational, library, sports, cultural and
other regional assets, 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 jobs and to the
health, welfare, education and quality of life of the citizens
of the region.
(4) New methods of areawide intergovernmental cooperation,
including the transfer of regional assets to private citizencontrolled organizations receiving public support, are
essential to preserve and improve the region's civic,
recreational, library, sports, cultural and other regional
assets.
(5) In developing new methods of areawide intergovernmental
cooperation to preserve and improve regional assets, every
effort should be made to utilize to the maximum extent
practicable the existing resources and capabilities of
municipalities and private organizations in the region and to
avoid the creation of new and duplicative bureaucracies
responsible for employing individuals, owning property and
executing contracts.
(b) It is hereby declared to be the policy of this
Commonwealth to promote the health, welfare and quality of
life of the citizens of southwestern Pennsylvania by ensuring
the continued availability of the region's assets and thereby
to enhance employment and tax relief in the region by
authorizing the creation of the Allegheny Regional Asset
District as a special purpose areawide unit of government.
((b) amended Nov. 30, 2004, P.L.1439, No.186)
(3101-B added Dec. 22, 1993, P.L.529, No.77)
Section 3102-B. Definitions.--The following words and
phrases when used in this article shall be construed to have
the following meanings:
"Board," governing body of the district.
"City," city of the second class.
"County," county of the second class.
"District," Allegheny Regional Asset District established
under this article.
"District employe," the chairman and members of the board
of the district, counsel employed by the district, the chief
administrative officer of the district and any employe with
discretionary powers which may affect the outcome of the
district's decisions in relation to a private corporation or
business or any employe who by virtue of the employe's job
function could influence the outcome of such a decision.
"Fund," Allegheny Regional Asset District Sales and Use Tax
Fund.
"Immediate family," a parent, spouse, child, brother,
sister or like relative-in-law.
"Initial year in which disbursements are received," the
first calendar year in which disbursements are received by
qualified municipalities or the county under section 3157B(b).
"Minority business enterprise," a small business concern
which is:
(1) A sole proprietorship, owned and controlled by a
socially and economically disadvantaged individual.
(2) A partnership or joint venture controlled by socially
and economically disadvantaged individuals in which fifty-one
per centum (51%) of the beneficial ownership interest is held
by socially and economically disadvantaged individuals.
(3) A corporation or other entity controlled by socially
and economically disadvantaged individuals in which at least
fifty-one per centum (51%) of the voting interest and fiftyone per centum (51%) of the beneficial ownership interest are
held by socially and economically disadvantaged individuals.
"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.
"Person," a business, individual, corporation, union,
association, firm, partnership, committee, club or other
organization or group of persons.
"Public employe," any individual employed by the
Commonwealth or a political subdivision.
"Public officer," every person elected to any public office
of Commonwealth government or any political subdivision of the
Commonwealth.
"Public official," any elected or appointed official in the
executive, legislative or judicial branch of Commonwealth
government or any political subdivision of the Commonwealth.
The term shall not include members of advisory boards who have
no authority to expend public funds other than reimbursement
for personal expenses or to otherwise exercise the power of
the Commonwealth or any political subdivision of the
Commonwealth. The term shall also not include any appointed
official who receives no compensation other than reimbursement
for actual expenses.
"Regional asset," a civic, recreational, library, sports or
cultural facility or project designated as such by the
district under this article.
"Socially and economically disadvantaged individuals,"
persons who are citizens of the United States and who are
Black Americans, Hispanic Americans, Native Americans, AsianPacific Americans and other minorities or persons found to be
disadvantaged by the Small Business Administration pursuant to
the Small Business Act (Public Law 85-536, 15 U.S.C. § 631 et
seq.).
"Women's business enterprise," a small business concern
which is at least fifty-one per centum (51%) owned and
controlled by women or, in the case of any publicly owned
business, at least fifty-one per centum (51%) of the stock of
which is owned by one or more women and whose management and
daily business operations are controlled by one or more of the
women who own it.
(3102-B added Dec. 22, 1993, P.L.529, No.77)
(b) Allegheny Regional Asset District
((b) added Dec. 22, 1993, P.L.529, No.77)
Section 3110-B. District Created.--(a) A body corporate and
politic to be known as the Allegheny Regional Asset District
is hereby authorized to be created by a county as a special
purpose areawide unit of local government pursuant to section
7 of Article IX of the Constitution of Pennsylvania,
exercising powers as a unit of local government under this
article. The exercise by the district of the powers conferred
by this act is hereby declared to be, and shall for all
purposes be deemed and held to be, the performance of an
essential public function.
(b) The district shall be deemed to be created upon the
adoption of an ordinance imposing the additional sales and use
tax as authorized by subarticle (e).
(c) Once established, the district shall continue in
existence perpetually regardless of any actions by the city or
the county, except that the district may be terminated
pursuant to an intergovernmental cooperation agreement between
the city and the county which transfers without impairment all
of the administrative, managerial or financial functions
exercised with respect to regional assets by the district to
the city or the county.
(d) Members of the board shall not be liable personally on
the bonds or other obligations of the district, and the rights
of creditors shall be solely against the district. The
district, itself or by contract, shall defend board members,
and the district shall indemnify and hold harmless board
members, whether currently employed by the district or not,
against and from any and all personal liability, actions,
causes of action and any and all claims made against them for
whatever actions they perform within the scope of their duties
as board members.
(3110-B added Dec. 22, 1993, P.L.529, No.77)
Section 3111-B. Governing Board.--(a) The powers and duties
of the district shall be exercised by a board that reflects
the racial and ethnic diversity of the county and composed of
the following members:
(1) Four members appointed by the governing body of the
county who shall serve at the pleasure of the governing body
of the county and who shall be selected in the following
manner:
(i) Two members who shall be selected from nominations made
by the chairman of the board of county commissioners.
(ii) Two members who shall be selected from lists of
nominees submitted by the members of the board of county
commissioners other than the chairman. A separate list
containing at least three nominees shall be submitted by each
of the members of the board of county commissioners other than
the chairman. One member of the board of the district shall be
selected from each list of nominees.
(2) Two members appointed by the mayor of the city who
shall serve at the pleasure of the mayor.
(3) One member appointed by the vote of at least five of
the members appointed pursuant to paragraphs (1) and (2) from
a list of nominees provided by regional economic and community
development organizations.
(4) One nonvoting member appointed by the Governor who
shall serve at the pleasure of the Governor.
(b) The term of office of members of the board appointed
under subsection (a)(1) and (2) shall be coincident with the
term of office of the appointing authority of the members and
until their successors are appointed and qualified. The term
of office of members of the board appointed under subsection
(a)(3) shall be for a term of two years and until their
successors are appointed and qualified. A person appointed to
the board when a vacancy occurs during the term of office of a
member of the board shall serve for the remainder of the term.
(c) The governing body of the county shall select one of
the members of the board appointed under subsection (a)(1) as
the interim chairman of the district and shall, within ten
(10) days of the effective date of the creation of the
district, set a date, time and place for the initial
organizational meeting of the board. The members shall elect
from among themselves a chairman, vice chairman, secretary,
treasurer and such other officers as they may determine. A
member may hold more than one office of the board at any time.
Members may serve successive terms as officers of the board.
(d) The board shall meet as frequently as it deems
appropriate but at least once during each quarter of the
fiscal year. In addition, a meeting of the board shall be
called by the chairman if a request for a meeting is submitted
to the chairman by at least two members of the board. A
majority of the members appointed to the board shall
constitute a quorum for the purpose of conducting the business
of the board and for all other purposes, except that, for the
purposes of making decisions regarding personnel matters,
contracts and capital and operating budgets and deciding
whether to enter into cooperation and support agreements with
regional assets not included within the district's initial
financial plan, an affirmative vote of at least six members of
the board shall be required. The act of July 3, 1986 (P.L.388,
No.84), known as the "Sunshine Act," shall apply to the board.
(3111-B added Dec. 22, 1993, P.L.529, No.77)
Section 3112-B. Powers and Duties.--(a) (1) The district,
by entering into agreements with municipalities and persons
providing for cooperation, shall accomplish the following
purposes:
(i) supporting and financing regional assets;
(ii) engaging in the oversight and coordination of regional
assets; and
(iii) assuring the efficient and effective operation and
development of regional assets.
(2) The enumeration of purposes in clause (1) shall not be
construed to limit the powers granted to the district under
this article.
(b) The district is granted all powers necessary or
convenient for the carrying out of its purposes, including the
following:
(1) To have continuing succession.
(2) To sue and be sued, implead and be impleaded, complain
and defend in all courts.
(3) To adopt, use and alter at will a corporate seal.
(4) To make, enter into and award contracts with any
person, association, partnership or corporation for the
development, design, financing, construction, improvement,
maintenance, operation, furnishing, fixturing, equipping and
repair of regional assets or parts of regional assets.
(5) To conduct financial and performance reviews and audits
of regional assets.
(6) To conduct long-term planning necessary for the
efficient and effective operation and development of regional
assets.
(7) To make bylaws for the regulation of its affairs and to
promulgate rules, regulations and policies in connection with
the performance of its functions and duties.
(8) (i) To borrow money for the purpose of paying the costs
of any project and to evidence the same.
(ii) To make and issue negotiable bonds of the district and
secure the payment of the bonds or any part of the bonds by
pledge or deed of trust of all or any of its revenues,
rentals, receipts and contract rights.
(iii) To make such agreements with the purchasers or
holders of the bonds or with other obligees of the district in
connection with any bonds, whether issued or to be issued, as
the district shall deem advisable, which agreements shall
constitute contracts with the holders or purchasers.
(iv) To obtain such credit enhancement or liquidity
facilities in connection with any bonds as the district shall
determine to be advantageous.
(v) To, in general, provide for the security for the bonds
and for the rights of the holders of the bonds.
(9) To make, enter into and award contracts of every name
and nature and to execute all instruments necessary or
convenient for the carrying out of its business.
(10) To borrow money and accept grants and to enter into
contracts, leases, subleases, licenses or other transactions
with any Federal agency, State public body, political
subdivision, person, association, partnership or corporation.
(11) To pledge, hypothecate or otherwise encumber any of
its property, real, personal or mixed, tangible or intangible,
and its revenues or receipts, including, but not limited to,
any interest the district may have in any lease or sublease of
regional assets or parts of regional assets.
(12) To procure such insurance containing such coverage,
including, without limitation, insurance covering the timely
payment in full of principal and interest on bonds of the
district, in such amounts from such insurers as the district
may determine to be necessary or desirable for its purposes.
(13) To invest its money.
(14) To cooperate with any Federal agency, State public
body or political subdivision.
(15) To invest any funds not required for immediate
disbursement in reserve or sinking funds.
(16) To appoint all officers, agents and employes required
for the performance of its duties and fix and determine their
qualifications, duties and compensation and retain or employ
other agents or consultants. The board shall develop,
implement and evaluate plans and process to assure that all
persons are accorded equality of opportunity in employment and
contracting by the board.
(17) To enroll its employes in a retirement system,
including an existing retirement system of the county, city or
other governmental entity.
(18) To appoint and fix the compensation of chief counsel
and assistant counsel, who shall not be required to be
employes of the district, to provide it with legal assistance.
Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating
to legal assistance), the authority through its counsel shall
defend actions brought against the authority and its officers
and employes when acting within the scope of their official
duties.
(19) To maintain an office in the county.
(20) To assist in the development and expansion of minority
business enterprises and women's business enterprises.
(21) To do all acts and things necessary or convenient for
the promotion of its purposes and the general welfare of the
district and to carry out the powers granted to it by this act
or any other acts.
(c) Limitations and conditions regarding operations.-Notwithstanding any purpose of the district or a general or
specific power granted by this act or any other act, whether
express or implied, the following limitations and conditions
shall apply to the operations of the district:
(1) The district shall have no power to pledge the credit
or taxing powers of the Commonwealth or any other government
agency except the credit of the district nor shall any of the
bonds of the district 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 district shall be liable for payment of the
principal, interest or premium on any of the district's bonds,
except as otherwise agreed by the Commonwealth or a government
agency.
(3) Notwithstanding any provision of this act or any other
act to the contrary or of any implication that may be drawn
from this act or any other act, the Commonwealth and all other
government agencies, except the district, shall have no legal
or moral obligation for the payment of any expenses or
obligations of the district, 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 district shall contain a prominent
statement of the limitations set forth in this subsection and
shall further recite that obligees of the district shall have
no recourse, either legal or moral, to the Commonwealth or to
any other government agency for payment of the bonds, except
as otherwise agreed to by the Commonwealth or another
government agency.
(5) The district shall not assume the responsibility of
employing personnel directly engaged in the operation of
regional assets but may enter into contracts with the city,
county and other public and private organizations for the
operation and financing of regional assets.
(d) The governing body of the district shall appoint a
twenty-seven member advisory board composed of individual
representatives of the broad range of community interests
affected by the implementation of this article. The advisory
board shall serve to advise the governing body of the district
in the administration of this article. Each member of the
advisory board shall be appointed for a term of four years,
except that thirteen of the initial members shall serve for
three years.
(3112-B added Dec. 22, 1993, P.L.529, No.77)
Section 3113-B. Fiscal Year.--The fiscal year of the
district shall commence on January 1 of each year and end on
December 31 of each year, except as otherwise provided by the
board.
(3113-B added Dec. 22, 1993, P.L.529, No.77)
Section 3114-B. Initial Financial Plan.--(a) Immediately
upon the creation of the district, the board shall commence
the negotiation of cooperation and support agreements with the
owners and operators of regional assets under subarticle (c).
The agreements shall include the following provisions:
(1) Agreements regarding the governance and operation of
regional assets.
(2) Commitments regarding the level of financial support
for the regional assets that will be provided by the district,
the city, the county, other municipalities and other public
and private organizations.
(3) Long-term plans for the financing, development and
operation of regional assets.
(4) Performance and financial goals, objectives and
standards for the operation of regional assets.
(5) Assurances that adequate measures will be undertaken to
maintain and improve regional assets.
(6) Assurances that the operating and capital budgeting for
regional assets will occur in a financially responsible
manner.
(7) Provisions for public involvement in the activities of
regional assets and for participation by the district, the
county, the city and other municipalities, as appropriate, in
decisions regarding the operations and development of regional
assets.
(8) Access by the district to financial information
regarding the overall activities of the regional assets.
(b) Prior to the start of the initial operational fiscal
year for the district, the board shall adopt an operating and
capital budget based upon cooperation and support agreements
executed with the owners and operators of regional assets. The
budget shall estimate the total revenues required for the
operating and capital expenses of the district and the amount
of any revenues to be received by the district under
subarticle (e).
(c) The cooperation and support agreement executed with the
owner and operator of each regional asset shall set forth a
minimum level of financial support for the regional asset that
will be provided by the district in each of the first ten
fiscal periods of the district, unless the regional asset
ceases operations at the option of its owner and operator. The
minimum level of financial support for a regional asset shall
be not less than the financial support for the regional asset
provided by the county and the city during calendar year 1992.
In the event that the minimum funding levels cannot be
satisfied because of the lack of adequate resources, the
minimum levels of funding for all regional assets shall be
reduced by an equal fraction so as to ensure that total
obligations do not exceed total revenues available to the
district. Additional commitments of funds from sources other
than the district on a pro rata basis may be required by the
district for any financial support provided to regional assets
above the minimum funding levels. Financial support shall
include indirect costs when supported by an indirect cost
study completed by an independent accounting firm. Indirect
costs may include charges for such services as payroll,
accounting, legal services, printing, vehicle repair and other
reasonable and necessary overhead functions.
(d) The board shall conduct public hearings and meetings
regarding proposed cooperation and support agreements and any
amendments to cooperation and support agreements.
(e) As used in this section, the term "financial support"
means the direct commitment of moneys for the support of
regional assets, including payments for debt service, and the
costs of compensation and benefits for employes predominantly
engaged in providing direct services for the operation of a
specific regional asset.
(3114-B added Dec. 22, 1993, P.L.529, No.77)
Section 3115-B. Capital Budget.--(a) At least ninety (90)
days before commencement of the ensuing fiscal year of the
district, the board shall cause to be prepared and submitted
to it a recommended capital budget. The capital budget shall
show in detail the capital expenditures to be made or incurred
in the next fiscal year which are to be financed from funds
subject to control or appropriation by the board. No later
than the date of the adoption of the annual operating budget,
the board shall, by a majority vote of its members, adopt a
capital budget. A capital development agreement shall be
executed with each regional asset for each capital project of
the asset financed or supported by the district.
(b) At least one per centum (1%) of the funds made
available to the district by taxes levied within the county
shall be made available for capital projects undertaken within
regional parks located within the boundaries of the city, and
at least one per centum (1%) of the funds made available to
the district shall be made available for capital projects
undertaken within regional parks located within the county but
outside of the city.
(c) The board shall conduct public hearings and meetings
regarding capital budget requests of regional assets and the
proposed annual capital budget of the district.
(3115-B added Dec. 22, 1993, P.L.529, No.77)
Section 3116-B. Operating Budget.--(a) At least ninety (90)
days before commencement of the ensuing fiscal year of the
district, the board shall cause to be prepared and submitted
to it a recommended operating budget. The operating budget
shall set forth the estimated receipts and revenues of the
district during the next fiscal year. The board shall, at
least thirty (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. An annual funding agreement shall be
executed with each regional asset allocated funds pursuant to
the operating budget.
(b) The board shall conduct public hearings and meetings
regarding the operating budget requests of regional assets and
the proposed annual operating budget of the district.
(3116-B added Dec. 22, 1993, P.L.529, No.77)
Section 3117-B. Restrictions Upon Activities of Board
Members and Employes.--A member of the board or a district
employe shall not, concurrent with the member's or employe's
position with the district, be a party officer, public
officer, public official, public employe or a member of the
immediate family of a party officer, public officer or public
official.
(3117-B added Dec. 22, 1993, P.L.529, No.77)
Section 3118-B. Annual Report.--The board of the district
shall, no later than July 1 of each year, prepare a
comprehensive annual report of its activities and operations
for the previous year, make the report available to the city,
the county, other municipalities within the county, regional
assets and other interested groups and organizations and
conduct public meetings and hearings to receive public
comments and recommendations regarding the activities and
operations of the board.
(3118-B added Dec. 22, 1993, P.L.529, No.77)
Section 3119-B. External Audit.--The board shall provide
for an annual audit of district fiscal and other records,
including documentation of employment practices and actions
taken by the board to develop and expand minority business
enterprises and women's business enterprises, by an
independent certified public accounting firm.
(3119-B added Dec. 22, 1993, P.L.529, No.77)
(c) Regional Assets
((c) added Dec. 22, 1993, P.L.529, No.77)
Section 3130-B. Designation of Assets.--(a) The district
may assume the financial functions of the city and county with
respect to the support of regional civic facilities, regional
parks, regional libraries, professional sports facilities,
regional cultural facilities and other organizations and
properties vital to the quality of life of the region.
(b) The district shall not provide financial support for
the following:
(1) Any health care facility or institution which
predominantly provides elementary, secondary or higher
education or other training.
(2) Any park which contains fewer than two hundred (200)
acres, except for linear parks located in more than one city,
township, borough or home rule municipality, other than the
county.
(3) Any asset which fails to serve a significant number of
persons who are not residents of the city, borough or township
within which the asset is located.
(4) Any library which is not a regional library resource
center, a district library center or which is not part of a
library system serving multiple municipalities.
(3130-B added Dec. 22, 1993, P.L.529, No.77)
Section 3131-B. Cooperation and Support Agreements.--The
district shall execute cooperation and support agreements
governing civic facilities, parks, libraries and sports
facilities supported by the district. The agreements shall be
executed by the district, the city and the county to the
extent the municipalities have contributed to the support of
the regional assets or where regional assets are located
within their boundaries and by any other person who owns,
operates or manages a regional asset. The agreements shall set
forth the manner in which the district will assume the
financial functions of the city and county with respect to the
support of the regional assets. Each cooperation and support
agreement shall provide for comprehensive periodic financial
reviews and audits of the regional asset and may provide for a
performance review and audit of the regional asset.
(3131-B added Dec. 22, 1993, P.L.529, No.77)
(d) Bonds and Funds of District
((d) added Dec. 22, 1993, P.L.529, No.77)
Section 3140-B. Bonds.--The district may authorize issues
of bonds, sell bonds, use net proceeds of bond sales, refund
bonds, adopt pledges, mortgages, covenants, indentures and
trusts, exercise remedies and confer additional remedies upon
persons holding bonds in the same manner as provided by
sections 7 through 10 of the act of June 27, 1986 (P.L.267,
No.70), known as the "Pennsylvania Convention Center Authority
Act."
(3140-B added Dec. 22, 1993, P.L.529, No.77)
Section 3141-B. Governmental Immunity.--It is hereby
declared to be the intent of the General Assembly that the
district created under this article and its officers,
officials and employes shall enjoy governmental immunity
except as provided by and subject to the provisions of 42
Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and
C (relating to actions against local parties).
(3141-B added Dec. 22, 1993, P.L.529, No.77)
Section 3142-B. Funds of District.-All moneys of the
district from whatever source derived shall be paid to the
treasurer of the district and invested in the same manner as
is provided for in section 13(a) through (d) of the act of
June 27, 1986 (P.L.267, No.70), known as the "Pennsylvania
Convention Center Authority Act."
(3142-B added Dec. 22, 1993, P.L.529, No.77)
Section 3143-B. Transfer of Funds.--(a) (1) The city and
county may and are hereby authorized to make grants from
current revenues to the district and to assist in defraying
the costs of managing, operating, maintaining, financing and
servicing the debt of regional assets or parts of regional
assets, to enter into long-term agreements providing for
payment of the costs and to enter into long-term leases or
subleases as lessee or sublessee of all or part of a regional
asset.
(2) Obligations of the city and county to make grants or
lease or sublease payments to the district shall not, even if
based on debt obligations of the district, constitute debts of
the city and county within the meaning of any constitutional
or statutory provision and shall be payable only to the extent
that current revenues of the city and county are available.
(3) The city and county may issue general obligation bonds
for the purpose of obtaining funds for the acquisition or
improvement of regional assets or parts of regional assets.
(b) The Commonwealth may contribute to the capital costs of
constructing regional assets by the issuance of Commonwealth
bonds and notes under Article XVI-B of the act of April 9,
1929 (P.L.343, No.176), known as "The Fiscal Code." A project
undertaken by the district is hereby deemed to be a
redevelopment assistance project under which capital funds of
the Commonwealth may be expended under the provisions of the
act of May 20, 1949 (P.L.1633, No.493), known as the "Housing
and Redevelopment Assistance Law," and, notwithstanding any
provisions of the Housing and Redevelopment Assistance Law,
the Department of Community Affairs is hereby authorized to
make capital grants directly to the district in furtherance of
this article.
(3143-B added Dec. 22, 1993, P.L.529, No.77)
Compiler's Note: The Department of Community Affairs,
referred to in subsec. (b), was abolished by Act 58 of
1996 and its functions were transferred to the
Department of Community and Economic Development.
Section 3144-B. Pledge of Revenues by District and
Commonwealth.--In addition to the remedies of obligees of the
district provided by sections 3140-B and 3141-B, the district
is expressly authorized to pledge all or any part of the net
revenues of additional sales and use tax revenues in
connection with the issuance of bonds or the incurring of
obligations under leases in order to secure the payment of the
bonds and obligations. The Commonwealth, with the signature of
the Governor and the State Treasurer, may also pledge the
revenues in support of or in connection with the issuance of
bonds or the incurring of obligations under leases by the
district in order to further secure the payment of the bonds
and obligations.
(3144-B added Dec. 22, 1993, P.L.529, No.77)
(e) Additional Sales and Use Tax
((e) added Dec. 22, 1993, P.L.529, No.77)
Section 3150-B. Definitions.--The following words and
phrases as used in this subarticle shall be construed to have
the following meanings:
"Department," the Department of Revenue of the
Commonwealth.
"Tax," the tax authorized to be imposed by the county under
this subarticle.
(3150-B added Dec. 22, 1993, P.L.529, No.77)
Section 3151-B. Construction.--The tax imposed by the
governing body of the county under this subarticle shall be in
addition to any tax imposed by the Commonwealth under Article
II of the act of March 4, 1971 (P.L.6, No.2), known as the
"Tax Reform Code of 1971." Except for the differing situs
provisions under section 904, the provisions of Article II of
the Tax Reform Code of 1971 shall apply to the tax.
(3151-B added Dec. 22, 1993, P.L.529, No.77)
Section 3152-B. Imposition.--(a) The governing body of the
county may levy and assess 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
county, a tax on the purchase price. The tax shall be
collected by the vendor from the purchaser and shall be paid
over to the Commonwealth as provided in this subarticle.
(b) In any county within which the tax authorized in
subsection (a) is imposed, there shall be levied, assessed and
collected upon the use, within the county, of tangible
personal property purchased at retail and on services
purchased at retail as defined in Article II of the "Tax
Reform Code of 1971," a tax on the purchase price. The tax
shall be paid over to the Commonwealth by the person who makes
the use. The use tax imposed under this subarticle shall not
be paid over to the Commonwealth by any person who has paid
the tax imposed by subsection (a) or has paid the tax imposed
by this subsection to the vendor with respect to the use.
(c) In any county within which a tax authorized by
subsection (a) is imposed, there shall be levied, assessed and
collected an excise tax on the rent upon every occupancy of a
room or rooms in a hotel in the county. The tax shall be
collected by the operator or owner from the occupant and paid
over to the Commonwealth.
(d) (1) The tax authorized by subsections (a), (b) and (c)
may be imposed at a rate of one per centum (1%).
(2) The tax imposed by subsections (a), (b) and (c) shall
be uniform.
(e) The tax imposed under subsection (a) 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."
(3152-B added Dec. 22, 1993, P.L.529, No.77)
Section 3153-B. 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."
(3153-B added Dec. 22, 1993, P.L.529, No.77)
Compiler's Note: Section 42 of Act 48 of 1994 provided that
section 3153-B is repealed insofar as it is
inconsistent with Article II-A of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of
1971.
Section 3154-B. Licenses.--A license for the collection of
the tax imposed by this subarticle 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."
(3154-B added Dec. 22, 1993, P.L.529, No.77)
Section 3155-B. Rules and Regulations; Collection Costs.-(a) Rules and regulations shall be applicable to the taxes
imposed under section 3152-B 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."
(b) The department, to cover its costs of administration,
shall be entitled to retain a sum equal to costs of collection
and shall inform the district in writing monthly of the sum
retained and the costs of collection reimbursed. To provide a
timely forecast and assure consideration of the sum retained,
the department shall estimate its costs of collection for the
next succeeding fiscal year and provide the estimate, with all
supporting detail, to the district. When the annual operating
budget for the department is submitted to the General
Assembly, the department shall also submit to the chairman and
minority chairman of the Appropriations Committee of the
Senate and to the chairman and minority chairman of the
Appropriations Committee of the House of Representatives the
actual sums retained for costs of collection in the preceding
fiscal year, together with all supporting details.
(3155-B added Dec. 22, 1993, P.L.529, No.77)
Section 3156-B. Procedure and Administration.--(a) The
governing body of the county, in order to impose the tax
authorized by section 3152-B, shall adopt an ordinance which
shall refer to this subarticle. Prior to adopting an ordinance
imposing the tax authorized by section 3152-B, the governing
body of the county shall give public notice of its intent to
adopt the ordinance in the manner provided by section 4 of the
act of December 31, 1965 (P.L.1257, No.511), known as "The
Local Tax Enabling Act," and shall conduct at least one public
hearing regarding the proposed adoption of the ordinance.
Notwithstanding any provision of law to the contrary, the tax
may be adopted either prior to or during the fiscal year of
the county or prior to or after the adoption of the annual
budget for the county. If the tax takes effect after January 1
of any year, any disbursements received by the district,
qualified municipalities or the county under section 3157-B(b)
during the first calendar year in which the tax is in effect
shall be deposited into budgetary reserve accounts for the
district, any qualified municipalities or the county. Amounts
deposited into budgetary reserve accounts may be budgeted for
use in the next full fiscal year period by the district, any
qualified municipalities or the county in the manner provided
by this article or may be retained in budgetary reserve
accounts, without lapsing, for use during unanticipated fiscal
emergencies as provided by ordinances adopted by the district,
any qualified municipalities or the county. Funds retained in
budgetary reserve accounts for unanticipated fiscal
emergencies shall not be subject to the requirements of this
article regarding the utilization of disbursements.
(b) A certified copy of the ordinance imposing the tax
shall be delivered to the department no later than ninety (90)
days prior to the effective date of the ordinance.
(c) A certified copy of a repeal ordinance shall be
delivered to the department at least thirty (30) days prior to
the effective date of the repeal.
(3156-B added Dec. 22, 1993, P.L.529, No.77)
Section 3157-B. Dedication and Disbursement.--(a) There is
hereby created the Allegheny Regional Asset District Sales and
Use Tax Fund. The State Treasurer shall be custodian of the
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." Taxes
imposed under section 3152-B shall be received by the
department and paid to the State Treasurer and, along with
interest and penalties less any collection costs allowed under
this subarticle and any refunds and credits paid, shall be
credited to the fund not less frequently than every two weeks.
During any period prior to the credit of moneys to the fund,
interest earned on moneys received by the department and paid
to the State Treasurer under this subarticle shall be
deposited into the fund. All moneys in the fund, including,
but not limited to, moneys credited to the fund under this
section, prior year encumbrances and the interest earned
thereon, shall not lapse or be transferred to any other fund,
but shall remain in the fund and must be used exclusively as
provided in this section. Pending their disbursement, moneys
received on behalf of or deposited into the fund shall be
invested or reinvested as are other moneys in the custody of
the State Treasurer in the manner provided by law. All
earnings received from the investment or reinvestment of the
moneys shall be credited to the fund.
(b) On or before the tenth day of every month, the State
Treasurer shall make the following disbursements on behalf of
the county imposing the tax out of the moneys which are, as of
the last day of the previous month, contained in the fund:
(1) One-half of the moneys to the district for use by it in
the manner provided by this article, provided that the
district shall not utilize more than one per centum (1%) of
the moneys received by the district for the purpose of
administrative expenses.
(2) One-fourth of the moneys to qualified municipalities
for use by the municipalities in the manner provided by this
article.
(3) One-fourth of the moneys to the county for use by the
county in the manner provided by this article.
(3157-B added Dec. 22, 1993, P.L.529, No.77)
(f) Local Tax Relief and Assistance
to Local Governments
((f) added Dec. 22, 1993, P.L.529, No.77)
Section 3170-B. Assistance to Local Governments.--(a) The
State Treasurer shall distribute disbursements to qualified
municipalities in the manner provided in this section. Each
qualified municipality shall receive a portion of the total
disbursement to qualified municipalities which is equal to the
total disbursement to qualified municipalities multiplied by
the ratio of weighted tax revenues of the municipality divided
by the sum of the weighted tax revenues of all qualified
municipalities located in the county.
(b) Municipalities qualified to receive disbursements under
this section are municipalities located within the county,
other than the county, which:
(1) (i) impose an earned income tax at a rate equal to or
greater than one-fourth of one per centum (.25%) under the act
of December 31, 1965 (P.L.1257, No.511), known as "The Local
Tax Enabling Act," and a real property tax; or
(ii) impose a real property tax as expressed in total mills
reported to the Department of Community Affairs equal to or
greater than seventy-five per centum (75%) of the allowable
general purpose millage rate under the applicable municipal
code or, if the municipality has adopted a home rule charter
or optional plan under the act of April 13, 1972 (P.L.184,
No.62), known as the "Home Rule Charter and Optional Plans
Law," the code under which the municipality was governed prior
to adoption of the home rule charter or optional plan; and
(2) not later than sixty (60) days after the governing body
of the county gives public notice of its intention to adopt an
ordinance under section 3156-B(a), adopt a municipal
resolution urging the county to create the district and adopt
the tax.
(c) Municipalities which are not qualified municipalities
because of the failure to adopt a timely resolution may, not
sooner than thirty-six (36) months following adoption of an
ordinance imposing the tax, become qualified municipalities by
adopting resolutions indicating that the municipalities
support imposition of the tax authorized by subarticle (e),
urge its continuation and intend to accept disbursements as
provided by this section.
(d) For the purpose of this section, weighted tax revenues
are total tax revenues from all sources of a municipality
divided by the ratio of its per capita market value to the per
capita market value of its county. The per capita market value
means the total market value of all real property divided by
population as determined by the most recent decennial census.
Calculations of weighted tax revenues shall be made by the
Department of Community Affairs and certified to the State
Treasurer based upon information reported to the Department of
Community Affairs by municipalities within its boundaries,
subject to review, verification and approval by the Department
of Community Affairs.
(3170-B added Dec. 22, 1993, P.L.529, No.77)
Compiler's Note: The Department of Community Affairs,
referred to in this section, was abolished by Act 58 of
1996 and its functions were transferred to the
Department of Community and Economic Development.
Section 3171-B. Tax Relief and Use of Disbursements.--(a)
(1) The county and the city shall utilize the disbursements
received from the State Treasurer under section 3157-B(b) in
the first full calendar year in which the disbursements are
received for the reduction of local taxes.
(2) Effective January 1 of the first full calendar year in
which disbursements are received pursuant to section 3157B(b), the county and the city shall repeal any tax imposed
upon personal property.
(3) Effective January 1 of the first full calendar year in
which disbursements are received pursuant to section 3157B(b), the city shall reduce to an amount not to exceed five
per centum (5%) the tax on admissions to places of amusement,
athletic events and the like and on motion picture theaters.
(3.1) Notwithstanding the provisions of any other act, the
city shall use two-thirds of the nonresident sports facility
usage fee collected pursuant to the act of December 31, 1965
(P.L.1257, No.511), known as "The Local Tax Enabling Act," to
reduce the amount of tax on admissions to places of amusement
that are involved with performing arts for which the net
proceeds therefrom inure to the benefit of an institution of
purely public charity. In reducing the rate of the tax
pursuant to this provision, the city shall not establish a
rate that exceeds two and one-half per centum (2.5%). If the
city cannot impose and collect a nonresident sports facility
usage fee pursuant to "The Local Tax Enabling Act," the city
shall not establish a rate that exceeds five per centum (5%).
(4) The county and the city shall utilize all or a portion
of revenues remaining from disbursements received pursuant to
section 3157-B(b) after reducing taxes as provided by clauses
(1) and (2) for the implementation of one of the following:
(i) programs under the act of December 13, 1988 (P.L.1190,
No.146), known as the "First and Second Class County Property
Tax Relief Act";
(ii) a program for property tax rebate or rent rebate in
lieu of property taxes modeled by the county or city after the
act of March 11, 1971 (P.L.104, No.3), known as the "Senior
Citizens Rebate and Assistance Act," for longtime owneroccupants of personal residences. Property eligible for tax
relief under this clause shall be limited to a primary
personal residence owned by a single person age 62 or older or
by married persons if either spouse is 62 years of age or
older. Tax relief provided pursuant to this clause shall be
limited to persons whose income as defined under the act of
March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens
Rebate and Assistance Act," does not exceed twenty-five
thousand dollars ($25,000); or
(iii) a program for property tax rebate or rent rebate in
lieu of property taxes modeled by the county or city after the
"Senior Citizens Rebate and Assistance Act" for longtime
owner-occupants of personal residences. Property eligible for
tax relief under this clause shall be limited to a primary
personal residence owned by a single person age 60 or older or
by married persons if either spouse is 60 years of age or
older. Tax relief provided pursuant to this clause shall be
limited to persons whose income as defined under the "Senior
Citizens Rebate and Assistance Act" does not exceed thirty
thousand dollars ($30,000).
For purposes of this clause, "longtime owner-occupant"
shall mean any person who for at least ten continuous years
has owned and has occupied a dwelling place within the county
as a principal residence and domicile, or any person who for
at least five years has owned and occupied a dwelling within
the county as a principal residence and domicile if that
person received assistance in the acquisition of the property
as part of a government or nonprofit housing program.
(5) The county may establish installment payment programs
for payment of the property taxes by taxpayers who participate
in county programs for real property tax relief as provided by
subsection (a)(4).
(b) (1) Municipalities other than the county and the city
shall utilize at least two-thirds of the disbursements
received under section 3157-B(b) for the reduction of local
taxes.
(2) Municipalities other than the county and the city shall
utilize all or a portion of disbursements received for the
purpose of reducing local taxes for the implementation of
programs for real property tax relief. Such programs may
consist of a program as provided by subsection (a)(4), a
program for property tax rebate or rent rebate in lieu of
property taxes modeled after the "Senior Citizens Rebate and
Assistance Act," a reduction in the millage rate across all
properties or a combination of the foregoing.
(3) Municipalities in counties of the second class, other
than the county and the city, which do not impose a tax upon
personal property on the effective date of this amendatory act
are prohibited from imposing such a tax thereafter.
(c) No municipality or city may use disbursements received
for the purpose of securing the bonds of a municipal authority
or may allow disbursements received to be controlled or
distributed by an entity other than the governing body of the
municipality.
(3171-B amended Nov. 30, 2004, P.L.1439, No.186)
Compiler's Note: Section 44 of Act 186 of 2004, which added
section 3171-B(a)(3.1), provided that subsec. (a)(3.1)
shall apply to taxes levied for tax years commencing on
or after January 1, 2006, upon the enactment of a
nonresident sports facility usage fee under the act of
December 21, 1965 (P.L.1257, No.511), known as The
Local Tax enabling Act.
Section 3172-B. Contributions to Councils of Government.-Beginning in the second full calendar year in which
disbursements are received from the State Treasurer under
section 3157-B and in each year thereafter, municipalities
other than the county and the city shall contribute an amount
equal to at least twenty-five per centum (25%) of the increase
in the amount of such disbursements received in excess of the
prior calendar year to entities or organizations created
pursuant to the act of July 12, 1972 (P.L.762, No.180),
referred to as the Intergovernmental Cooperation Law,
including councils of government. The contributions made
pursuant to this section shall not be used to offset or reduce
other contributions made to councils of government or other
intergovernmental entities or organizations.
(3172-B added Dec. 22, 1993, P.L.529, No.77)
Section 3173-B. Reimbursement to School Districts of the
First Class A.--(3173-B repealed Nov. 30, 2004, P.L.1439,
No.186)
ARTICLE XXXI-C
Second Class County Charter Law
(Art. added May 20, 1997, P.L.149, No.12)
Compiler's Note: Section 3113-C, as amended by Act 2 of
1999, provided that Art. XXXI-C, with the exception of
sections 3107-C and 3111-C(c), (d) and (e), shall expire upon
the publication in the Pennsylvania Bulletin of notice of the
swearing-in of the first official elected pursuant to a
charter adopted under Article XXXI-C. The notice was published
March 11, 2000, at 30 Pa.B. 3181.
Section 3101-C. Legislative Findings and Declarations.-(3101-C expired March 11, 2000. See Act 2 of 1999.)
Section 3102-C. Definitions.--(3102-C expired March 11,
2000. See Act 2 of 1999.)
Section 3103-C. Construction of Article.--(3103-C expired
March 11, 2000. See Act 2 of 1999.)
Section 3104-C. Charter Drafting Committee.--(3104-C
expired March 11, 2000. See Act 2 of 1999.)
Section 3105-C. Proposed Charter.--(3105-C expired March
11, 2000. See Act 2 of 1999.)
Section 3106-C. Public Hearings.--(3106-C expired March 11,
2000. See 2 of 1999..)
Section 3107-C. Charter Limitations.--(a) The charter shall
be subject to any limitations established by the Constitution
of the United States and the Constitution of Pennsylvania.
(b) The charter shall include the property tax rate limits
for the county that are in effect at the effective date of
this article. These limits are for general county purposes
under section 1970 of this act, county institution districts
under section 307 of the act of June 24, 1937 (P.L.2017,
No.396), known as the "County Institution District Law," and
community colleges under section 1909-A of the act of March
10, 1949 (P.L.30, No.14), known as the "Public School Code of
1949."
(c) The charter shall include the assessment limitation
provisions of section 3110-C as they apply to the county.
(d) The charter shall not affect the hotel room rental tax
under section 1970.2 or the sales and use tax under section
3152-B.
(e) The charter shall maintain the integrity of municipal
boundaries and shall prohibit the county from forcing
annexation, merger or consolidation of municipalities.
(f) The charter shall prohibit the county from exercising
any power or function within a municipality that is being
exercised by that municipality if the municipality elects by
ordinance to be excluded from the county exercise of that
power or function.
(g) The charter shall be subject to 53 Pa.C.S. Ch. 29
Subch. E (relating to general powers and limitations of home
rule charter municipalities).
(h) With respect to the following subjects, the charter
shall not give any power or authority to the county contrary
to or in limitation or enlargement of powers granted by acts
of the General Assembly which are applicable to counties of
the second class:
(1) The filing and collection of municipal tax claims or
liens and the sale of real or personal property in
satisfaction thereof.
(2) The procedure in the exercise of the powers of eminent
domain and the assessment of damages and benefits for property
taken, injured or destroyed.
(3) Boundary changes of municipalities.
(4) The regulation of public schools.
(5) The registration of electors and the conduct of
elections.
(6) The fixing of subjects of taxation.
(7) The fixing of rates of nonproperty or personal taxes
levied upon nonresidents.
(8) The assessment of real or personal property and persons
for taxation purposes.
(9) Defining or providing for the punishment of any felony
or misdemeanor.
(10) Municipal planning under the provisions of the act of
July 31, 1968 (P.L.805, No.247), known as the "Pennsylvania
Municipalities Planning Code."
(i) No county shall:
(1) Engage in any proprietary or private business except as
authorized by the General Assembly.
(2) Exercise powers contrary to, or limitation or
enlargement of, powers granted by acts of the General Assembly
which are applicable in every part of this Commonwealth.
(3) Be given the power to diminish the rights or privileges
of any former employe entitled to benefits or any present
employe in that former or present employe's pension or
retirement system.
(4) Enact or promulgate any ordinance or regulation with
respect to definitions, sanitation, safety, health, standards
of identity or labeling pertaining to the manufacture,
processing, storage, distribution and sale of any foods, goods
or services subject to any Commonwealth laws or regulations
unless such ordinance or regulation is uniform in all respects
with such Commonwealth laws and regulations. Nothing contained
in this article shall be construed to in any way affect the
power of any county to enact and enforce ordinances relating
to building codes or any other safety, sanitation or health
regulation pertaining thereto.
(5) Enact any provision inconsistent with any statute
heretofore enacted by the General Assembly affecting the
rights, benefits or working conditions of any employe of a
political subdivision of the Commonwealth.
(j) Acts of the General Assembly in effect on the effective
date of this article that are uniform and applicable in every
part of this Commonwealth shall remain in effect and shall not
be changed or modified by this article. Acts of the General
Assembly enacted after the effective date of this article that
are uniform and applicable in every part of this Commonwealth
shall supersede any ordinance or resolution on the same
subject.
(k) No county shall enact any ordinance or take any other
action dealing with the regulation of the transfer, ownership,
transportation or possession of firearms.
(l) No county which adopts a home rule charter may
retroactively increase any fee or charge for any service which
has been provided.
(m) The county under the charter shall be subject to the
restrictions and prohibitions concerning the employes'
retirement system under Article XVII and this article. ((m)
added Oct. 30, 2000, P.L.616, No.85)
(3107-C added May 20, 1997, P.L.149, No.12)
Compiler's Note: Section 9(2) of Act 85 of 2000, which
amended section 3107-C, provided that the amendment of
section 3107-C shall be retroactive to January 1, 2000.
Compiler's Note: Section 2 of Act 2 of 1999, which amended
section 3107-C, provided that Act 2 shall be construed
in conjunction with the provisions of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code, and shall be read in pari materia with
the Pennsylvania Election Code.
Section 3108-C. Referendum.--(3108-C expired March 11,
2000. See Act 2 of 1999.)
Section 3109-C. Apportionment Commission.--(3109-C expired
March 11, 2000. See Act 2 of 1999.)
Section 3110-C. Assessment Limits on Counties of the Second
Class.--(3110-C expired March 11, 2000. See Act 2 of 1999.)
Section 3111-C. Transition.--(a) (Expired March 11, 2000.
See Act 2 of 1999.)
(b) (Expired March 11, 2000. See Act 2 of 1999.)
(c) The question of changing the form of government
approved by the electors as set forth in the charter may not
be submitted to the electors earlier than five years (5) after
the date which the charter was approved by referendum.
(d) (1) Notwithstanding the provisions of section 912.1(35)
of the act of June 3, 1937 (P.L.1333, No.320), known as the
"Pennsylvania Election Code," the minimum number of valid
signatures of registered and enrolled members of the proper
political party required for a nomination petition for the
office of district county council member in counties of the
second class shall be two hundred fifty.
(2) Notwithstanding the provisions of section 913 of the
"Pennsylvania Election Code," the filing fee required for
acceptance of nomination petitions for the office of district
county council member in counties of the second class shall be
fifty dollars ($50).
(e) (1) Notwithstanding the provisions of section 912.1(16)
of the "Pennsylvania Election Code," the minimum number of
valid signatures of registered and enrolled members of the
proper political party required for a nomination petition for
the office of at-large county council member in counties of
the second class shall be five hundred.
(2) Notwithstanding the provisions of section 913 of the
"Pennsylvania Election Code," the filing fee required for
acceptance of nomination petitions for the office of at-large
county council member in counties of the second class shall be
one hundred dollars ($100).
(3111-C amended Feb. 10, 1999, P.L.22, No.2)
Compiler's Note: Section 2 of Act 2 of 1999, which amended
section 3113-C, provided that Act 2 shall be construed
in conjunction with the provisions of the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code, and shall be read in pari materia with
the Pennsylvania Election Code.
Section 3112-C. Severability.--(3112-C expired March 11,
2000. See Act 2 of 1999.)
Section 3113-C. Expiration.--(3113-C expired March 11,
2000. See Act 2 of 1999.)
Article XXXII
Actions By and Against County
(Art. repealed Apr. 28, 1978, P.L.202, No.53)
Section 3201. Commissioners to Bring and Defend Suits.-(3201 repealed Apr. 28, 1978, P.L.202, No.53)
Section 3202. Form of Action to Recover Claims; Jurisdiction
of Justices of the Peace.--(3202 repealed Apr. 28, 1978,
P.L.202, No.53)
Section 3203. Competency of Witnesses and Jurors.--(3203
repealed Apr. 28, 1978, P.L.202, No.53)
Section 3204. Execution Against County.--(3204 repealed Apr.
28, 1978, P.L.202, No.53)
Section 3205. Appeals in Behalf of County by Taxpayers.-(3205 repealed Apr. 28, 1978, P.L.202, No.53)
Section 3206. Certain Procedure in Equity Not to Apply When
County is Libellant, Et Cetera.--(3206 repealed Apr. 28, 1978,
P.L.202, No.53)
Section 3207. Submission of Disputes to Arbitration.--(3207
repealed Apr. 28, 1978, P.L.202, No.53)
Article XXXIII
Acts of Assembly Repealed
Section 3301. The following acts and parts of acts and all
amendments thereof are hereby repealed to the extent
hereinafter specified:
Section 78 of the act, approved the fifteenth day of April,
one thousand eight hundred thirty-four (Pamphlet Laws 537),
entitled "An act relating to counties and townships and county
and township officers," as to counties of the second class.
The act, approved the first day of April, one thousand
eight hundred thirty-five (Pamphlet Laws 101), entitled "An
act relative to the bonds of County Treasurers in the Auditor
General's Office," as to counties of the second class.
Sections 3 and 10 of the act, approved the twenty-seventh
day of May, one thousand eight hundred forty-one (Pamphlet
Laws 400), entitled "An act relating to the Election of County
Treasurers and for other purposes," as to counties to the
second class.
Sections 1, 3 and 7 of the act, approved the third day of
May, one thousand eight hundred fifty (Pamphlet Laws 654),
entitled "An act providing for the election of district
attorneys," as to counties of the second class.
Sections 17 and 18 of the act, approved the thirty-first
day of March, one thousand eight hundred sixty (Pamphlet Laws
382), entitled "An act to Consolidate, Revise and Amend the
Penal Laws of this Commonwealth," as to counties of the second
class.
The act, approved the twelfth day of March, one thousand
eight hundred sixty-six (Pamphlet Laws 85), entitled "A
further supplement to an act, entitled 'An Act to consolidate,
revise and amend the penal laws of this Commonwealth,' so far
as relates to the duties of district attorneys," as to
counties of the second class.
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15 and 16 of the
act, approved the thirty-first day of March, one thousand
eight hundred seventy-six (Pamphlet Laws 13), entitled "An act
to carry into effect section five, of article fourteenth, of
the constitution, relative to the salaries of county officers
and the payment of fees received by them into the state or
county treasury, in counties containing over one hundred and
fifty thousand inhabitants," as to counties of the second
class.
The act, approved the eighth day of June, one thousand
eight hundred eighty-one (Pamphlet Laws 81), entitled "An act
to authorize the courts of common pleas of this commonwealth,
on sale of real estate by surety for the sheriff or coroner,
on application by petition, to release the lien of
recognizance on said real estate," as to counties of the
second class.
The act, approved the twenty-seventh day of June, one
thousand eight hundred eighty-three (Pamphlet Laws 163),
entitled "An act providing for the satisfaction and discharge
sheriff's recognizance," as to counties of the second class.
The act, approved the nineteenth day of April, one thousand
eight hundred eighty-nine (Pamphlet Laws 38), entitled "An act
providing for the appointment of librarians for law libraries
connected with the courts of this Commonwealth," as to
counties of the second class.
The act, approved the thirteenth day of May, one thousand
eight hundred eighty-nine (Pamphlet Laws 200), entitled "An
act regulating the payment of traveling expenses of directors
of the poor and county commissioners within this
Commonwealth," as to counties of the second class.
The act, approved the twelfth day of June, one thousand
eight hundred ninety-three (Pamphlet Laws 457), entitled "An
act to provide for the erection, maintenance and regulation of
public morgues in the several counties of this Commonwealth,
for the care and disposal of bodies removed thereto, and
providing for the payment of certain expenses of the same by
the proper county or district or by the estate of the deceased
person, and providing for the disposal of the personal effects
of unclaimed dead," as to counties of the second class.
The act, approved the eighteenth day of June, one thousand
eight hundred ninety-five (Pamphlet Laws 209), entitled "An
act regulating the printing and publication of notices and
advertisements authorized by the county commissioners of the
counties of this Commonwealth containing a population of five
hundred thousand and not exceeding one million, as shown by
the last United States census, providing how newspapers shall
be designated in which such publications shall be made, and
repealing an act, entitled 'An act authorizing the county
commissioners of Allegheny county to select four morning
newspapers for official county advertising,' approved the
second day of April, Anno Domini one thousand eight hundred
and seventy-three, and also repealing the tenth section of an
act, entitled 'A supplement to an act approved the first day
of May, Anno Domini one thousand eight hundred and sixty-one,
entitled "An act relating to Allegheny county," approved the
eighth day of April, Anno Domini one thousand eight hundred
and sixty-two'," as to counties of the second class.
The act, approved the fourteenth day of April, one thousand
eight hundred ninety-seven (Pamphlet Laws 22), entitled "An
act making it the duty of the various county officials to
furnish, on demand therefor, information from their respective
offices to the head of any department of the State government,
and providing a compensation therefor," as to counties of the
second class.
The act, approved the fifteenth day of July, one thousand
eight hundred ninety-seven (Pamphlet Laws 285), entitled "An
act authorizing the commissioners of the counties of the
Commonwealth to transfer and cover into the general fund of
the several counties, any money now placed to the credit of
any city, borough or township, upon any duplicate for taxes
where the same has remained uncalled for during a period of
ten years: Provided, The right to the same is not in
litigation or a matter of dispute," as to counties of the
second class.
The act, approved the eighteenth day of April, one thousand
eight hundred ninety-nine (Pamphlet Laws 56), entitled "An act
authorizing the county commissioners of the several counties
in this Commonwealth to appoint a clerk, fix his compensation,
and prescribe the term and duties of the clerk, except in
counties where the clerk to the county commissioners is
elected by the people," as to counties of the second class.
The act, approved the twenty-first day of May, one thousand
nine hundred one (Pamphlet Laws 271), entitled "An act to
provide for the election of recorders of deeds and registers
of wills in counties having a population of over one hundred
and fifty thousand," as to counties of the second class.
The act, approved the fourteenth day of March, one thousand
nine hundred five (Pamphlet Laws 37), entitled "An act to fix
the salaries of district attorneys, and providing for the
appointment of assistant district attorneys, in the several
counties of this Commonwealth having over eight hundred
thousand inhabitants; prescribing the powers and duties, and
fixing the salaries of the said assistant district attorneys,"
as to counties of the second class.
Section 1 of the act, approved the sixteenth day of April,
one thousand nine hundred seven (Pamphlet Laws 92), entitled
"An act defining the duty of coroners, police and health
authorities, in this Commonwealth, in reference to the
disposition of bodies of persons whose cause of death may be
the subject of inquiry by the coroner," as reenacted and
amended by the act, approved the twelfth day of July, one
thousand nine hundred thirty-five (Pamphlet Laws 710), insofar
as it is inconsistent with the provisions of this act, in
counties of the second class.
The act, approved the twenty-second day of April, one
thousand nine hundred nine (Pamphlet Laws 104), entitled "An
act providing for the support and maintenance of law libraries
in the counties of this Commonwealth," as to counties of the
second class.
The act, approved the twenty-seventh day of April, one
thousand nine hundred nine (Pamphlet Laws 242), entitled "An
act providing for the payment to the treasurer of any County
Soldiers' Memorial Association, within the Commonwealth of
Pennsylvania, incorporated under the laws of the said
Commonwealth, of any moneys unexpended, which were
appropriated by the county commissioners of any county in the
Commonwealth, under the act of April third, one thousand nine
hundred and three, to be used solely and exclusively for the
erection or completion of any monument or memorial to the
memory of the soldiers and sailors of American wars," as to
counties of the second class.
The act, approved the first day of June, one thousand nine
hundred eleven (Pamphlet Laws 556), entitled "An act to fix
the salary of the coroner of any county of this Commonwealth
having a population of one million or over," as to counties of
the second class.
The act, approved the eighth day of June, one thousand nine
hundred eleven (Pamphlet Laws 717), entitled "An act relating
to coroners and the holding of postmortems, in the several
counties of the Commonwealth," as to counties of the second
class.
The act, approved the twenty-seventh day of March, one
thousand nine hundred thirteen (Pamphlet Laws 11), entitled
"An act fixing the salary of controllers, in counties having
over one hundred thousand inhabitants, where no provision for
such salary has heretofore been made," as to counties of the
second class.
The act, approved the fourteenth day of May, one thousand
nine hundred thirteen (Pamphlet Laws 204), entitled "An act
authorizing the board of county commissioners of the several
counties of the State to appropriate money for cooperative
agricultural extension work, for the purpose of improving and
developing the agricultural resources of the proper counties,"
as to counties of the second class.
The act, approved the seventeenth day of May, one thousand
nine hundred seventeen (Pamphlet Laws 237), entitled "An act
regulating the practice and procedure of the sheriff or deputy
sheriff, under writs of inquisition, condemnation, inquiry of
damages, lunacy, or habitual drunkard proceedings, partition
proceedings, or by virtue of any other writ or process, issued
by the courts of this Commonwealth, wherein the existing laws
require the sheriff to be present in person," as to counties
of the second class.
The act, approved the twenty-fourth day of May, one
thousand nine hundred seventeen (Pamphlet Laws 297), entitled
"An act authorizing the establishment of contagious disease
hospitals in the several counties of the Commonwealth, to be
constructed and maintained out of county funds," as to
counties of the second class.
Sections 2 and 3 of the act, approved the seventh day of
June, one thousand nine hundred seventeen (Pamphlet Laws 570),
entitled "An act fixing the salaries and providing for the
expenses of county commissioners in the counties of this
Commonwealth," absolutely.
The act, approved the eighth day of May, one thousand nine
hundred nineteen (Pamphlet Laws 163), entitled "An act
authorizing county commissioners to appoint county engineers,
and to fix their compensation, and prescribing the duties of
such engineers," as to counties of the second class.
The act, approved the thirteenth day of April, one thousand
nine hundred twenty-one (Pamphlet Laws 132), entitled "An act
authorizing county commissioners to appropriate moneys for the
maintenance of duly incorporated organizations for the
prevention of cruelty to animals," as to counties of the
second class.
Section 24 of the act, approved the sixteenth day of May,
one thousand nine hundred twenty-three (Pamphlet Laws 207),
entitled "An act providing when, how, upon what property, and
to what extent, liens shall be allowed for taxes and for
municipal improvements, for the removal of nuisances, and for
water rents or rates, sewer rates, and lighting rates; for the
procedure upon claims filed therefor; the methods for
preserving such liens and enforcing payment of such claims;
the effect of judicial sales of the properties liened; the
distribution of the proceeds of such sales, and the redemption
of the property therefrom; for the lien and collection of
certain taxes heretofore assessed, and of claims for municipal
improvements made and nuisances removed, within six months
before the passage of this act; and for the procedure on tax
and municipal claims filed under other and prior acts of
Assembly," as to counties of the second class. (Par. added May
16, 1996, P.L.210, No.39)
The act, approved the nineteenth day of May, one thousand
nine hundred twenty-three (Pamphlet Laws 283), entitled "An
act providing a means whereby the individual justice of the
peace may better inform himself as to the law, changes in the
law, and decisions of the courts on the law, of this
Commonwealth," as to counties of the second class.
The act, approved the twenty-first day of May, one thousand
nine hundred twenty-three (Pamphlet Laws 295), entitled "An
act authorizing and empowering counties of the second class in
this Commonwealth to acquire by lease, purchase, or
condemnation proceedings any land within the county for the
purpose of establishing and maintaining airdromes or aviation
landing fields; providing for the procedure in case of
condemnation, and the extent of title acquired; authorizing
the lease by the county of portions of said land to
individuals or corporations upon such terms as may be fixed,
and the lease thereof to the Government of the United States
upon nominal rental; authorizing and empowering the county to
use land now owned by it for such purposes; and authorizing
joint operation by said county and any city within the county
of airdromes or aviation landing fields, where such city is
authorized to establish and maintain the same," absolutely.
The act, approved the twenty-ninth day of June, one
thousand nine hundred twenty-three (Pamphlet Laws 973),
entitled "An act providing for the payment by counties of
expenses incurred by the district attorney, and making such
expenses a part of the costs of the case where the defendant
is convicted," as to counties of the second class.
The act, approved the ninth day of April, one thousand nine
hundred twenty-five (Pamphlet Laws 222), entitled "An act
providing for the payment by counties and poor districts of
the salaries of officers where pending the settlement of a
dispute the salary paid to such officer was less than the
amount to which he was legally entitled," as to counties of
the second class.
The act, approved the twelfth day of May, one thousand nine
hundred twenty-five (Pamphlet Laws 596), entitled "An act
providing for the alteration of the boundaries of counties in
certain cases for the adjustment of the indebtedness thereof;
providing the effect thereof," as to counties of the second
class.
The act, approved the thirteenth day of May, one thousand
nine hundred twenty-five (Pamphlet Laws 676), entitled, as
amended, "An act providing for the burial of certain persons
who are, have been, or shall be, soldiers, sailors, marines,
or members of the enlisted nurse corps, designated as
"deceased service men" defining the term "deceased service
men" authorizing county commissioners to provide markers and
burial plots for such deceased service men at the expense of
such county in which they shall die or have a legal residence
at the time of their death; and providing for the burial of
widows of soldiers, sailors, or marines," as to counties of
the second class.
The act, approved the second day of May, one thousand nine
hundred twenty-nine (Pamphlet Laws 1278), entitled "An act
relating to counties of the second, third, fourth, fifth,
sixth, seventh and eighth classes; and revising, amending and
consolidating the laws relating thereto," as to counties of
the second class.
The act, approved the fifteenth day of May, one thousand
nine hundred twenty-nine (Pamphlet Laws 1767), entitled "An
act validating the action of the salary board of any county of
this Commonwealth in providing additional assistants to the
district attorneys in the respective counties, when such
appointments become necessary, or on account of sickness of
assistant district attorneys, or on account of increased
business or unusual conditions or circumstances, provided the
salary for such appointees did not exceed the minimum salary
provided for assistant district attorneys in the respective
counties," as to counties of the second class.
The act, approved the sixteenth day of May, one thousand
nine hundred twenty-nine (Pamphlet Laws 1767), entitled "An
act to fix the salaries of certain county officers in counties
of the second class," absolutely.
The act, approved the twenty-third day of June, one
thousand nine hundred thirty-one (Pamphlet Laws 929), entitled
"An act fixing the qualifications of deputy sheriffs in this
Commonwealth," as to counties of the second class.
The act, approved the twenty-third day of June, one
thousand nine hundred thirty-one (Pamphlet Laws 1199),
entitled "An act authorizing the boards of prison inspectors,
in counties of the second class of this Commonwealth, to
appoint jail chaplains, and directing the salary boards of
such counties to fix the salaries and compensation of such
chaplains," absolutely.
The act, approved the seventh day of April, one thousand
nine hundred thirty-three (Pamphlet Laws 29), entitled "An act
requiring the board of county commissioners of counties of the
second class, on approval of the president judge of the court
of common pleas of said counties, to fix the compensation of
fire marshals; and to require the board of county
commissioners of counties of the second class, subject to the
approval of the common pleas court, to provide for the
retirement of such fire marshals on annual pensions after
twenty years of service, such compensation and pension to be
payable by the county," absolutely.
The act, approved the twenty-third day of May, one thousand
nine hundred thirty-three (Pamphlet Laws 962), entitled "A
supplement to the act, approved the third day of April, one
thousand nine hundred and three (Pamphlet Laws, one hundred
thirty-seven) entitled 'An act regulating the confinement of
children, under the age of sixteen years, awaiting trial';
providing for the management of houses of detention for
juveniles in counties of the second class; imposing expense in
connection therewith on the county; and permitting and
authorizing the county commissioners thereof to appropriate
money or issue bonds for the purchase of lands or erecting,
constructing and equipping of buildings for such purpose,"
absolutely.
The act, approved the twenty-fifth day of May, one thousand
nine hundred thirty-three (Pamphlet Laws 1041), entitled "An
act to safeguard human health and life in counties of the
second class by providing for the licensing and regulation of
persons, municipalities, and entities engaged in the
transportation of garbage, and in the disposal of garbage
through the construction, keeping, maintenance or conduct of
garbage disposal plants; conferring powers and imposing duties
on the county commissioners of such counties, and otherwise
providing for the administration of the act; and imposing
penalties," absolutely.
The act, approved the twenty-second day of December, one
thousand nine hundred thirty-three--one thousand nine hundred
thirty-four (Pamphlet Laws 108), entitled "An act reducing to
five days the period during which municipal subdivisions of
the Commonwealth are required to advertise notice of proposed
awards of contracts for articles to be used on projects
financed by the Federal Civil Works Administration," as to
counties of the second class.
The act, approved the twelfth day of July, one thousand
nine hundred thirty-five (Pamphlet Laws 709), entitled "An act
authorizing and empowering county commissioners of this
Commonwealth of the counties of the second class, within this
Commonwealth, to destroy certain public records," absolutely.
The act, approved the sixteenth day of July, one thousand
nine hundred thirty-five (Pamphlet Laws 1047), entitled "An
act to enable county commissioners in counties of the second
class to issue, sell, and dispose of bonds to provide funds to
acquire lands or buildings or to erect buildings or construct
or make any improvements that may be deemed necessary by any
corporation and body politic having the management and control
of a work house and inebriate asylum," absolutely.
The act, approved the second day of June, one thousand nine
hundred thirty-seven (Pamphlet Laws 1206), entitled "An act
relating to memorial halls in counties of the second class,
erected in memory of the soldiers, sailors and marines who
served in the Civil War; and providing for the use, upkeep,
and management and control of such halls," absolutely.
The act, approved the fourth day of June, one thousand nine
hundred thirty-seven (Pamphlet Laws 1595), entitled "An act
relating to peace officers; providing for the qualifications
and appointments of deputy sheriffs; regulating the manner of
their selection and compensation; regulating the source of
compensation for other peace officers; declaring void certain
contracts inconsistent with the provisions hereof; providing
penalties; and repealing inconsistent acts," as to counties of
the second class.
The act, approved the first day of July, one thousand nine
hundred thirty-seven (Pamphlet Laws 2612), entitled "An act
authorizing county commissioners of any county to hold in
trust for the inhabitants and citizens of the county, any real
estate and property appropriate for agriculture fairs or
exhibits; and to lease the same, without expense or liability
to the county, to any incorporated agriculture association to
operate and conduct an annual fair within the county," as to
counties of the second class.
The act, approved the first day of July, one thousand nine
hundred thirty-seven (Pamphlet Laws 2615), entitled "An act
authorizing counties of the second class to provide for the
issue and sale, during any fiscal year, of revenue bills which
shall be negotiable and useable for the payment of taxes due
for said year," absolutely.
The act, approved the first day of July, one thousand nine
hundred thirty-seven (Pamphlet Laws 2618), entitled "An act
authorizing any county of the second class and any city in any
such county in which the county seat is within the limits of
such city, to agree upon the joint management and control of
any or all city hospitals and institutions and any or all
county hospitals and institutions within the county; and
providing for the appointment of a board of managers and for
professional staffs and employes, and for the apportionment of
costs and expenses," absolutely.
The act, approved the twenty-fifth day of May, one thousand
nine hundred thirty-nine (Pamphlet Laws 205), entitled "An act
authorizing counties of the second class to acquire property
and erect thereon maintenance warehouses for roads, highways,
bridges and tunnels, by purchase or the exercise of the right
of eminent domain; providing for the acquiring of fee simple
title thereto, and the issuance of bonds therefor,"
absolutely.
The act, approved the fifteenth day of June, one thousand
nine hundred thirty-nine (Pamphlet Laws 359), entitled "An act
relating to recognizances and official bonds of present and
future sheriffs and coroners and to their sureties thereon;
imposing the expense of corporate suretyships on such
obligations upon the several counties and various duties upon
the courts of common pleas and county officers thereof;
authorizing the substitution of approved surety companies for
individual or corporate sureties upon such obligations and the
release of any surety upon any such recognizance by such court
upon certain conditions; dispensing with sureties on such
recognizances but providing for the acknowledgment, recording
and indexing of same as liens on certain real estate;
regulating such liens and releases therefrom; providing for
refunds to sheriffs and coroners of certain premiums paid to
sureties on their official bonds and recognizances; and
repealing inconsistent laws, except as to existing claims or
pending suits thereunder, subject to certain limitations," as
to counties of the second class.
The act, approved the twenty-first day of June, one
thousand nine hundred thirty-nine (Pamphlet Laws 649),
entitled "An act authorizing counties to convey or lease
property, needed or convenient as a site for a county
courthouse, to the General State Authority; to acquire
additional property for such purposes; and to contract with
and lease property from said Authority," as to counties of the
second class.
The act, approved the twenty-eighth day of July, one
thousand nine hundred forty-one (Pamphlet Laws 519), entitled
"An act relating to the bonds to be given by county officers,
their deputies, clerks and assistants in counties of the
second class, the amount and conditions thereof, the sureties
for such bonds, the payment of the premiums therefor, and the
recording and custody thereof," absolutely.
The act, approved the twenty-first day of May, one thousand
nine hundred forty-three (Pamphlet Laws 563), entitled "An act
authorizing counties of the second class to enter into
contracts with any city within the county for the
hospitalization of persons suffering from infectious diseases;
and to make appropriations therefor," absolutely.
The act, approved the twenty-eighth day of May, one
thousand nine hundred forty-three (Pamphlet Laws 793),
entitled "An act authorizing counties of the second class to
regulate the production of smoke from chimneys, smokestacks or
other source, including provisions for the payment of
inspection and certificates of compliance fees incident
thereto; authorizing the expenditure of money for the
employment of persons, and the acquisition of property for
effectuating such regulations; and providing penalties for the
violation thereof," absolutely.
The act, approved the third day of June, one thousand nine
hundred forty-three (Pamphlet Laws 821), entitled "An act
authorizing the county commissioners in each county of the
second class to appoint a fire marshal and two assistant fire
marshals, providing for the term of office and compensation of
the persons so appointed, and prescribing their powers and
duties; imposing certain additional duties upon county
commissioners, policemen, constables, watchmen and other
persons; authorizing the fire marshal or his assistants to
enter upon properties to investigate various fire hazards and
to order the removal or abatement of such hazards; conferring
certain police powers upon the fire marshal and his
assistants; repealing certain general, special and local
legislation; and prescribing penalties," absolutely.
The act, approved the twenty-fifth day of April, one
thousand nine hundred forty-five (Pamphlet Laws 299), entitled
"An act providing for the establishment in counties of the
second class of the lot and block plan for the registration of
land titles, for the accumulation of county tax liens, and for
the enumeration of the parcels of real estate to be assessed
for county, city, borough, township, school and institution
district taxation; providing for the incurring of indebtedness
for the installation thereof; and imposing duties upon the
county controller and the deed registrar in each of such
counties," absolutely.
The act, approved the eighteenth day of May, one thousand
nine hundred forty-five (Pamphlet Laws 787), entitled "An act
conferring upon counties of the second class, power to enter
upon private property and open and maintain drainage channels
along county roads or highways; and providing penalty for
interference with such drains or ditches," absolutely.
The act, approved the twenty-eighth day of June, one
thousand nine hundred forty-seven (Pamphlet Laws 1144),
entitled "An act relating to the annual salaries of certain
county officers of counties of the second class," absolutely.
The act, approved the sixteenth day of May, one thousand
nine hundred fifty-one (Pamphlet Laws 300), entitled "An act
authorizing counties of the second and fourth classes to
establish fire training schools for the paid and volunteer
firemen of municipalities within the county," as to counties
of the second class.
The act, approved the eighteenth day of June, one thousand
nine hundred eighty-two (Pamphlet Laws 547), entitled "An act
establishing the fees to be charged and collected by the clerk
of courts in second, second class A, third, fourth, fifth,
sixth, seventh and eighth class counties and home rule
counties," as to counties of the second class. (Par. added May
16, 1996, P.L.210, No.39)
Compiler's Note: Section 28 of Act 207 of 2004 provided that
any and all references in any other law to a "district
justice" or "justice of the peace" shall be deemed to
be references to a magisterial district judge.
Section 3302. General Repeal.--All other acts and parts of
acts are hereby repealed insofar as they are inconsistent with
the provisions of this act.
APPENDIX
------Supplementary Provisions of Amendatory Statutes
-------
1976, JUNE 29, P.L.461, NO.116
Section 7. The provisions of this amendatory act do not
apply and shall not be construed to apply to counties of the
second class A.
Compiler's Note: Act 116 amended sections 1701, 1711, 1712,
1713 and 1715 of Act 230.
Section 8. This act shall take effect immediately and be
applicable to all persons retiring on or after January 1,
1973.
2007, JULY 17, P.L.130, NO.38
Section 3. The amendment or addition of sections 103(7) and
1902-B of the act are not intended to and shall not be
interpreted as doing any of the following:
(1) Ratifying any actions taken by taxing authorities
to assess or tax signs or sign structures as real property
prior to the effective date of this section.
(2) Authorizing, ratifying or affirming the authority
of counties not subject to the act and political
subdivisions located within the county to assess or tax
signs or sign structures as real property.
(3) Create an implication that the act of May 22, 1933
(P.L.853, No.155), known as The General County Assessment
Law, should not be uniformly applied to all classes of
counties and political subdivisions located within the
county authorized by law to assess real property for
purposes of taxation, except as otherwise expressly
provided by law.
Compiler's Note: Act 386 amended or added sections 103 and
1902-B of Act 230.
Section 4. (a) The General Assembly declares that the
repeals under subsection (b) are necessary to effectuate the
purposes of this act.
(b) The following acts and parts of acts are repealed
insofar as they are inconsistent with the amendment or
addition of sections 103(7) and 1902-B of the act:
(1) Section 201 of the act of May 22, 1933 (P.L.853,
No.155), known as The General County Assessment Law.
(2) All other acts and parts of acts.
Section 5. The amendment or addition of sections 103(7) and
1902-B of the act shall apply retroactively to assessments
used for purposes of real property taxes levied and collected
for fiscal periods of political subdivisions beginning on or
after January 1, 2005.