SECOND CLASS COUNTY CODECl. 16Act of Jul. 28, 1953, P.L. 723, No. 230

AN ACT

Relating to counties of the second class and second class A;amending, revising, consolidating and changing the lawsrelating thereto. (Title amended Oct. 20, 1967, P.L.472,No.224)

Compiler's Note: Section 301(a)(16) of Act 58 of 1996, whichcreated the Department of Community and EconomicDevelopment and abolished the Department of CommunityAffairs, provided that all other powers and dutiesdelegated to the Department of Community Affairs nototherwise expressly transferred elsewhere by Act 58 andcurrently performed by the Department of CommunityAffairs under Act 230 are transferred to the Departmentof Community and Economic Development.

Compiler's Note: Section 2104 of Act 32 of 1989 providedthat Act 230 is repealed insofar as it is inconsistentwith Act 32.

Compiler's Note: Section 1 of Act 165 of 1970 provided thatthe limits heretofore imposed by Act 230 upon the ratesof interest and interest costs permitted to be paid uponbonds, obligations and indebtedness issued by theCommonwealth or its agencies or instrumentalities orauthorities, and by local political subdivisions or theiragencies or authorities, are hereby removed for suchbonds, 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 Codehas been made partially applicable to counties of thesecond class A. However, under certain circumstancesthis act may apply only to one or the other, with otheracts applying to the other. Therefore, please be carefulwhenever reading any provision to ascertain its correctapplication.

CONTENTS

Sections101-111Article I. Preliminary Provisions............

201-211Article II. Names and Corporate Powers;

Classification of Counties..................

201-203(a) Division of the State into

Counties; Corporate Powers..210-211(b) Classification................

301-306Article III. Fixing and Relocating Lines and

Boundaries..................................401-472Article IV. County Officers...................

401-413(a) General Provisions............420-431(b) Official Bonds................432-437(c) State Associations............

450(d) Removal of County Officers...460(e) Conduct of Official Business..

470-472(f) Destruction of Valueless

Records.....................

501-521Article V. County Commissioners and Chief

Clerk........................................501-511(a) Commissioners.................520-521(b) Chief Clerk of County

Commissioners...............501-AArticle V-A. Civil Service....................601-605Article VI. Controller........................701-708Article VII. Lot and Block System............801-807Article VIII. Treasurer.......................901-904Article IX. County Solicitor.................

1001-1002Article X. Engineer..........................1101-1106Article XI. Board of Viewers (Repealed)......1201-1263Article XII. Sheriff and Coroner.............

1201-1217(a) Sheriff......................1231-1250(b) Coroner......................

1260-1263(c) Provisions Relating to

Sheriffs and Coroners.....

1301-1315

Article XIII. Prothonotary; Clerk of Court;Clerk of Orphans' Court; Register of Wills;Recorder of Deeds...........................

1401-1441Article XIV. District Attorney, Assistants and

Detectives..................................1401-1408(a) District Attorney............

1420-1422(b) Assistant District Attorneys,

Stenographers and Clerks..1440-1441(c) County Detectives............

1501-1532Article XV. Police, Firemen, Fire Inspectors

and Employes of Jails and Workhouses.......

1501-1525(a) Police, Firemen and Fire

Inspectors.................

1531-1532(b) Employes of Jails and

Workhouses.................

1601Article XVI. Commission for the Selection of

Jurors (Repealed)...........................1701-1717Article XVII. Employes' Retirement System....

1801-1825Article XVIII. Fees of Salaried County

Officers; Salary Board......................1801-1810(a) Fees of County Officers.....1820-1825(b) Salary Board.................

1901-1997Article XIX. Fiscal Affairs...................1901-1904(a) Fiscal Policy and Systems...

1920-1938(b) Accounts, Audits and Reports

by Controller..............1950-1954(c) Disbursals of County Moneys..

1960-1964

(d) County Treasury, CountyDepositories and Investmentof Moneys..................

1970-1976(e) County Taxation, Borrowing

and Transfer of Funds......1980-1982(f) Budgets......................1990-1995(g) Sinking Fund Commission.....

1997(h) Sale of Revenue Bills........

1901-A-1906-AArticle XIX-A. Optional Assessed Value

Limitations.................................

1901-B-1902-BArticle XIX-B. Special Provisions for

Assessments.................................2001-2003Article XX. Contracts.........................

2101-2199.18Article XXI. Special Powers and Duties of the

County.......................................

2101-2104(a) Appropriations for

Military Purposes....

2108-2116

(b) Burial of DeceasedService Persons andWidows...............

2121-2123(c) Memorial Observances...

2128-2130(d) County Histories.......

2135-2138(e) Animal and Plant

Husbandry............2143(f) Communications.........

(g) Prevention and Control2147of Floods............

2152

(h) Aid to Fire FightingDepartments andCompanies............

2155-2157(i) Utilities..............

2162(j) Law Libraries

(Repealed)...........2171(k) Rewards................

2175-2193(l) Garbage and Refuse

Disposal.............2195-2197(m) Smoke Control..........

2198-2198.1(n) Surplus Foods and Food

Stamp Program........

2199(o) Museums of Fine Art or

Natural History......

2199.1-2199.8(p) Public Defender

(Repealed)...........2199.1A(p.1)Legal Aid Services.....2199.9(q) Parking Facilities.....2199.10(r) Traffic Control Devices

2199.11(s) Reservoirs and Water

Resources............

2199.12(t) Appropriations for

Recreation...........

2199.13-2199.15

(u) Industrial Developmentand Tourist PromotionAgencies.............

2199.16

(v) Health and WelfarePrograms with theFederal Government...

2199.17

(w) Non-debt Revenue Bondsfor IndustrialDevelopmentProjects..

2199.18

(x) InsuranceLiability for Errorsand Omissions(Repealed)...........

2101-A-2106-AArticle XXI-A. Production of Electricity....2201-2251Article XXII. Planning, Zoning and Traffic...

2201-2211(a) County and Regional Planning

Commissions................2220-2239(b) County Zoning................

2250-2251(c) County Transit and Traffic

Commission.................

2201-A-2209-AArticle XXII-A. Residential Finance

Authorities.................................2301-2355Article XXIII. Public Health.................

2301(a) General Provisions...........

2310-2325(b) County and Joint County

Hospitals..................

2330-2333

(c) County Health Aid toInstitutions and PoliticalSubdivisions...............

2350-2355(d) Joint Management of County

and City Hospitals.........2401-2409Article XXIV. Aeronautics.....................

2501-2595Article XXV. Grounds, Property and Buildings..2501-2503(a) General Provisions...........

2505-2511

(b) Acquisition, Use, Leasing andDisposing of Property forCounty.....................

2515-2520(c) Construction or Alteration of

County Buildings...........

2525-2529

(d) Policing, Administration andPublic Order of Grounds andBuilding...................

2535-2543

(e) Special Provisions forTemporary County Buildingsand for Rooms in CountyBuildings..................

2543.1-2543.6

(e.1)Special Provisions forTemporary County Buildingsand for Rooms in CountyBuildings in Counties ofthe Second Class A.......

2545-2546

(f) Improvement of Streets AlongCounty Buildings; StreetLighting...................

2550(g) Comfort Stations, Parks and

Comfort Houses.............2555-2572(h) Monuments and Memorials......

2577-2579

(i) Public Auditoriums, PublicLibraries, Public MemorialBuildings and Monuments....

2583-2586(j) Orphans' and Childrens' Homes2590(k) Morgues......................2595(l) Warehouses...................

2501-A-2518-AArticle XXV-A. Sports and Exhibition Authority

2601-2633Article XXVI. Eminent Domain and Injury to

Property.....................................

2701-2857Articles XXVII and XXVIII. Bridges, Viaducts

and Culverts................................

2701-2734(a) General Authority and

Procedure..................

2751-2758(b) Authorization and

Construction...............

2771-2781(c) On Action of County

Commissioners..............

2791-2797

(d) Between Municipalities onPetition of ResidentTaxpayers..................

2801-2804(e) Joint Action of Counties or

County and City............2811-2813(f) Acquisition of Bridges.......

2821-2824

(g) Acquiring and RebuildingBridges Privately Owned orBuilt by PublicSubscription...............

2831-2834

(h) Erected by Private Persons orby Public Subscriptions andDonated to County..........

2841-2845(i) Leasing of Toll Bridges......

2851-2857(j) Joint Action with

Municipalities.............2901-2956Article XXIX. Roads...........................

2901-2907(a) Authorization, Construction

and Maintenance............

2909(b) Vacation as County Roads.....

2912(c) Continuous Highways from One

County to Another..........

2920-2934(d) County Aid to Municipalities

and Townships..............2940-2942(e) Detours.......................2950-2956(f) Protection of Roads..........

3001-3053Article XXX. Recreation Places...............3001-3007(a) General.......................3025-3035(b) Parks.........................3050-3053(c) Fair Grounds.................

3001-A-3009-AArticle XXX-A. County Jail Oversight Board..

3101-3110Article XXXI. Fire Marshals In Counties of the

Second Class................................

3101-AArticle XXXI-A. Fire Marshals and Assistants

in Counties of the Second Class A..........

3101-B-3173-BArticle XXXI-B. Allegheny Regional Asset

District....................................3101-B-3102-B(a) Preliminary Provisions.....

3110-B-3119-B(b) Allegheny Regional Asset

District..................3130-B-3131-B(c) Regional Assets.............3140-B-3144-B(d) Bonds and Funds of District.

3150-B-3157-B(e) Additional Sales and Use

Tax..................................(f) Local Tax Relief and

3170-B-3173-BAssistance to LocalGovernments...............

3101-C-3113-CArticle XXXI-C. Second Class County Charter

Law.........................................

3201-3207Article XXXII. Actions By and Against County

(Repealed)..................................3301-3302Article XXXIII. Acts of Assembly Repealed....

The General Assembly of the Commonwealth of Pennsylvaniahereby enacts as follows:

Article IPreliminary Provisions

Section 101. Short Title.--This act shall be known and maybe cited as the Second Class County Code. The provisions ofthis act shall become effective on the first day of the monthnext following its final enactment.

Section 102. Applicability.--Except where otherwisespecifically limited, this act applies to all counties of thesecond 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 Laws159).

(2) The Pennsylvania Election Code, approved the third dayof June, one thousand nine hundred thirty-seven (Pamphlet Laws1333).

(3) The County Institution District Law, approved thetwenty-fourth day of June, one thousand nine hundredthirty-seven (Pamphlet Laws 2017).

(4) The Local Health Administration Law, approved thetwenty-fourth day of August, one thousand nine hundred fifty-one(Pamphlet Laws 1304).

(5) The Municipal Unclaimed Moneys Act, approved theseventeenth day of May, one thousand nine hundred forty-nine(Pamphlet Laws 1403).

(6) Any law relating to the collection of municipal and taxclaims.

(7) Except as provided by Articles XIX-A and XIX-B, any lawrelating to the assessment and valuation of property and personsfor taxation. ((7) amended July 17, 2007, P.L.130, No.38)

(8) Any law relating to the giving of county consent topublic 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 thecommitment thereto and maintenance and care of prisoners orinmates therein.

(13) Any law relating to civil and criminal procedure,except special provisions concerning actions by or againstcounties or county officers.

(14) Any law relating to joint county and municipalbuildings and works.

(15) Any law relating to county libraries, except lawlibraries.

(16) Any law relating to the recording of deeds, mortgagesor other instruments in writing.

(17) Any law relating to the clerk or clerks of the CountyCourt of Allegheny County.

(18) Any law relating to the re-binding, re-indexing andtranscribing 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 actfor special provisions relating to construction of lawand applicability.

Section 104. Saving Clause.--(a) The provisions of thisact, as far as they are the same as those of existing laws,shall be construed as a continuation of such laws and not asnew enactments. The repeal by this act of any provisions of lawshall not revive any law heretofore repealed or superseded, noraffect 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 anysuit or prosecution pending or to be instituted to enforce anyright or penalty or punish any offense under the authority ofsuch repealed laws.

(b) All resolutions, regulations and rules made pursuantto any act of Assembly repealed by this act shall continue withthe same force and effect as if such act had not been repealed.All local acts of Assembly applying to the County of Alleghenynot specifically repealed by this act shall continue in force

and any provisions of this act inconsistent therewith shall notapply to said county.

(c) All acts and parts of acts of Assembly relating tocounties or to particular classes of counties in force at thetime of the adoption of this act and not repealed hereby shallremain in force in the same manner and with the same effect asprior to the adoption of this act.

Section 105. Holding of Office.--Any person holding electiveoffice under any act of Assembly repealed by this act shallcontinue to hold such office until the expiration of the termthereof, subject to the conditions and salary attached to suchoffice prior to the passage of this act.

Section 106. Construction of References.--Whenever in thisact reference is made to any act by title or name, suchreference shall also apply to and include any codificationswherein the provisions of the act referred to are substantiallyreenacted or to reenactments, revisions or amendments of theact.

Section 107. Constitutional Construction.--The provisionsof this act shall be severable, and if any of its provisionsare held to be unconstitutional, the decision of the court shallnot affect the validity of the remaining provisions of thisact. It is hereby declared as a legislative intent that thisact would have been adopted by the General Assembly had suchunconstitutional provisions not been included therein.

Section 108. Legislation According to Class.--The affairsof counties of the second class are herein and shall hereafterbe legislated for and regulated by general laws applicable tosaid counties. All laws adopted by the General Assembly forcounties of the second class shall be deemed to be general laws.

Section 108.1. Collection of Tax on Real Property from RentPaid to Owner.--(a) Where the owner of any residential orcommercial real property which is subject to a claim pursuantto the act of May 16, 1923 (P.L.207, No.153), referred to asthe Municipal Claim and Tax Lien Law, derives any rental incomefrom that property, the county treasurer shall notify theproperty owner in writing of his duty to remit that rentalincome to the office of the county treasurer. The rent soremitted is to be applied to the amount of tax owed, along withany interest or penalties due, until the claim is paid in full.

(b) The notice of the county treasurer shall include theamount of the claim on the property, including interest andpenalties, and the date or dates the rental income is to beremitted. If after fifteen days of the date or dates specifiedin the notice the property owner fails to remit the rentalincome the county may immediately begin the judicial saleprocess 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 whichany pecuniary penalty or forfeiture is imposed by this act, theproceeding for the recovery of the same shall be by indictmentin the court of quarter sessions or by civil action as debtsof equivalent amount are by law recoverable. Aldermen orjustices of the peace shall not have jurisdiction of any suitor action for the recovery of any penalty imposed by this actfor official misconduct. Such suit or action, when brought inthe court of common pleas, shall have preference for trial overall other actions.

Compiler's Note: Section 28 of Act 207 of 2004 providedthat any and all references in any other law to a

"district justice" or "justice of the peace" shall bedeemed to be references to a magisterial district judge.

Section 109.1. Collection of Tax and Municipal Claims bySuit; Limitations.--(a) In addition to the remedies providedby law for the collection of tax and municipal claims, thecounty may proceed for the recovery and collection of any taxor municipal claim against any owner or owners of the propertyowing such tax or municipal claim by a civil action or otherappropriate remedy. To each judgment obtained for such taxesor municipal claim, there shall be added a penalty of ten percent, interest at the prevailing legal rate and costs of suit.Upon judgment, execution may be issued without any stay orbenefit of any exemption law.

(b) The right of the county to collect unpaid taxes ormunicipal claims under the provisions of this section shall notbe affected by the fact that such tax or municipal claims haveor have not been entered as liens in the office of theprothonotary.

(c) A civil action brought to recover unpaid taxes ormunicipal claims shall be commenced within twenty years afterthe tax is due or after the completion of the improvement fromwhich said claim arises.

(d) The remedy granted under this section shall be appliedretroactively.

(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 publicationis required to be published in one newspaper, such publicationshall be made in a newspaper of general circulation, as definedby the act, approved the sixteenth day of May, one thousandnine hundred twenty-nine (Pamphlet Laws 1784), known as theNewspaper Advertising Act, printed in the county, unless thematter in connection with which the advertising is being doneaffects only a political subdivision, in which case suchadvertisement shall be published in a newspaper printed in suchpolitical subdivision, if there is such a newspaper, and ifnot, then in a newspaper circulating generally in such politicalsubdivision. If such notice is required to be published in morethan one newspaper, it shall be published in at least onenewspaper of general circulation, defined as aforesaid, printed,if there be such a newspaper, or circulating generally, as aboveprovided, in the county. When such notice relates to anyproceeding or matter in any court, or the holding of an electionfor the increase of indebtedness, or the issue and sale of bondsto be paid by taxation, such notice shall also be published inthe legal newspaper, if any, designated by the rules of courtof the proper county for the publication of legal notices andadvertisement, unless such publication be dispensed with byspecial order of court. All ordinances, auditors' reports,controllers' reports, or advertisements inviting proposals forpublic contracts and for bids for materials and supplies, shallbe published only in newspapers of general circulation, ashereinbefore defined.

Section 111. Adoption of Budgets for 2001.--(111 expiredFebruary 1, 2001. See Act 85 of 2000.)

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 UrbanConsumers: All Items (CPI-U) for the United States City Averageas published by the United States Department of Labor, Bureauof Labor Statistics, for the twelve-month period ending

September 30, 2012, and for each successive twelve-month periodthereafter.

(2) If the department determines that there is no positivepercentage change, then no adjustment to the base amounts shalloccur for the relevant time period provided for in thissubsection.

(3) (i) If the department determines that there is apositive percentage change in the first year that thedetermination is made under paragraph (1), the positivepercentage change shall be multiplied by each base amount, andthe 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 tothe nearest one hundred dollars ($100) to determine the finaladjusted base amounts.

(4) In each successive year in which there is a positivepercentage change in the CPI-U for the United States CityAverage, the positive percentage change shall be multiplied bythe most recent preliminary adjusted amounts, and the productsshall be added to the preliminary adjusted amount of the prioryear to calculate the preliminary adjusted amounts for thecurrent year. The sums thereof shall be rounded to the nearestone hundred dollars ($100) to determine the new final adjustedbase amounts.

(5) The determinations and adjustments required under thissubsection shall be made in the period between October 1 andNovember 15 of the year following the effective date of thissubsection and annually between October 1 and November 15 ofeach year thereafter.

(6) The final adjusted base amounts and new final adjustedbase amounts obtained under paragraphs (3) and (4) shall becomeeffective January 1 for the calendar year following the yearin which the determination required under paragraph (1) is made.

(7) The department shall publish notice in the PennsylvaniaBulletin prior to January 1 of each calendar year of the annualpercentage change determined under paragraph (1) and theunadjusted or final adjusted base amounts determined underparagraphs (3) and (4) at which competitive bidding or writtenor telephonic price quotations are required for the calendaryear beginning the first day of January after publication ofthe notice. The notice shall include a written and illustrativeexplanation of the calculations performed by the department inestablishing the unadjusted or final adjusted base amounts underthis subsection for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted baseamounts obtained under paragraphs (3) and (4) shall not exceedthree per cent.

(112 added Nov. 3, 2011, P.L.360, No.89)

Compiler's Note: Section 6 of Act 89 of 2011, which addedsection 112, provided that Act 89 shall apply to contractsand purchases advertised on or after January 1 of theyear following the effective date of section 6.

Article IINames and Corporate PowersClassification of Counties

(a) Division of the State into Counties;Corporate Powers

Section 201. Enumeration of Counties.--The State shall bedivided into the following sixty-seven named counties, as nowestablished 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 capacityas 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 bedeemed to be for the best interests of the county.

(4) Make contracts for carrying into execution the lawsrelating to counties and for all lawful purposes.

(5) Have and use a seal which shall be in the custody ofthe commissioners thereof. The official acts of thecommissioners shall be authenticated therewith. There shall beengraved upon such seal the same device as is engraved upon thegreat seal of the State, together with the name of the county.

(6) To make appropriations for any purpose authorized bythis or any other act of the General Assembly.

Section 203. Vesting of Corporate Power.--The corporatepower of the county shall be vested in a board of countycommissioners.

(b) Classification

Section 210. Counties Divided Into Nine Classes.--(210repealed Oct. 1, 2021, P.L.408, No.74)

Section 211. Ascertainment, Certification and Effect ofChange of Class.--(211 repealed Oct. 1, 2021, P.L.408, No.74)

Article IIIFixing and Relocating Lines and

Boundaries

Section 301. Petition to Superior Court.--(a) The boundaryline between any two adjoining counties may be determined,surveyed, relocated or marked in the manner provided by thisarticle. ((a) repealed in part Apr. 28, 1978, P.L.202, No.53)

(b) Such a proceeding shall be instituted on petition ofany taxpayer, the county commissioners or the corporateauthorities of any political subdivision of either of thecounties involved.

Compiler's Note: Section 509(k) of Act 223 of 1970 providedthat section 301 is repealed insofar as it vestsjurisdiction and powers in the Superior Court and suchjurisdiction and powers are vested by Act 223 in theCommonwealth Court.

Section 302. Superior Court to Designate Neutral Court;Appointment of Commission.--(a) The court, upon the filing ofsuch petition, shall designate a court of a county not affectedby the question and not adjoining either of the counties

involved to act in the proceeding. The court so designated shallsit 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 countyline or any part thereof should be surveyed or marked, it shallappoint a commission composed of three surveyors or professionalengineers in civil engineering to act for the court, ashereinafter provided.

Compiler's Note: Section 2 of Act 53 of 1978 provided thatupon petition the Commonwealth Court shall designate thecourt having jurisdiction under section 302. All actionsby or against a county of the second class or secondclass A shall be conducted by the board of commissioners.

Compiler's Note: Section 509(k) of Act 223 of 1970 providedthat section 302 is repealed insofar as it vestsjurisdiction and powers in the Superior Court and suchjurisdiction and powers are vested by Act 223 in theCommonwealth Court.

Section 303. Compensation; Assistants andExpenses.--(a) The surveyors or professional engineers in civilengineering composing such commission shall each receive suchcompensation as the court shall fix for the time necessarilyspent in the discharge of their duties and, in addition thereto,shall be reimbursed the necessary expenses incurred by themrespectively while engaged upon the work of such commission.

(b) The commission may employ such assistants as the courtshall allow, at a compensation to be fixed by the court, andsuch assistants shall be reimbursed the actual necessaryexpenses incurred by them respectively while employed by suchcommission.

(c) The necessary expenses of advertising the meeting ofthe commissioners, as hereinafter provided, and in procuringand setting the monuments needful to mark in a permanent mannersuch county line, the expenses of the commission and itsassistants and all other expenses necessarily incurred, shallbe paid by the interested counties jointly in equal parts, uponpresentation of properly itemized bills duly verified byaffidavit of the person claiming payment or some one on hisbehalf.

Section 304. Oath; Organization and Duties.--(a) Themembers of the commission shall take and subscribe an oath toperform their duties impartially and with fidelity.

(b) The commission shall meet and organize within two weeksof its appointment. It shall select from its membership achairman and also a secretary who shall keep a full record ofthe proceedings and work of the commission. Before enteringupon its duties, it shall designate, by advertisement in notmore than two newspapers published in each of said counties, atime and place of meeting when and where parties interestedshall be heard. After such hearing it shall, withoutunreasonable delay, ascertain the location and survey and markwith suitable monuments of a permanent character the existingcounty line between such counties, if it shall consider suchold county line a proper one.

Section 305. Authority to Fix New County Line.--(a) Whenthe commission has ascertained, located and determined saidline, if it appears to it that the existing county line, fromany cause whatever, has become inconvenient for any purpose,or improper, difficult to ascertain or not related to thenatural or other land marks, the commission shall report thesefacts or any of them to the court of quarter sessions having

appointed the commission, with a recommendation that a newcounty line be established in whole or in part.

(b) Thereupon, if said court shall be of opinion that itis to the interest and advantage of the respective countiesthat a new county line be established, they may direct saidcommission to fix and determine a new county line and to markthe same with suitable monuments of a permanent character.

(c) Notice shall be given to the counties interested andto the owners of all lands which will be affected by theproposed change of the time when the recommendation of thecommission for a new county line will be considered by thecourt.

Section 306. Report of Commission; Approval by Court;Certification of Line.--(a) The commission or a majoritythereof shall make a report in writing and attach thereto a mapor draft showing the courses and distances of the lineascertained and designated by them as the existing county line,or where they may have been directed to fix and determine a newcounty line, such map or draft, in lieu thereof, shall show thecourses and distances of such new county line. In either case,the map or draft shall also show the lands through which saidline passes and the buildings in close proximity thereto,together with the roads and streams crossed by or near to suchline.

(b) The report and map, signed by the members of thecommission or a majority of them, shall be filed in the courtof quarter sessions having been given jurisdiction, and ifapproved by such court, shall be ordered recorded in the recordsthereof. A copy of the report and approval shall be certifiedby the clerk of the court to the clerk of the court of quartersessions of each county affected, where it shall be recordedin the records. The line so ascertained, surveyed and fixed andso marked shall thenceforth be the boundary line between thetwo counties.

(c) The clerk of the court of quarter sessions, havingdetermined the matter, shall certify the approval of the courton two copies of the report and map filed in his office and,within thirty days, transmit a copy by mail to the Secretaryof Internal Affairs, to be by him deposited in his department,and another to the Department of Highways.

Article IVCounty Officers

(a) General Provisions

Section 401. Enumeration of Elected Officers.--(a) In thecounty there shall be the following officers elected by thequalified 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 municipalelection next preceding the expiration of the terms of theofficers now in office, and quadrennially thereafter, and shallhold their offices for a term of four years from the firstMonday of January next after their election and until theirsuccessors shall be duly qualified, but in the event that anysuch officer so elected, excepting a county commissioner, shallfail to qualify, or if no successor shall be elected, then theofficer then in office shall continue in office only until thefirst Monday of January following the next municipal election,at which time his successor shall be elected for a term of fouryears. In the case of a county commissioner, there shall be avacancy which shall be filled as provided in this act.

(c) All the county officers enumerated in this section shallremain as now constituted. This section does not create anyoffice in the county where such office does not now exist.

Section 401.1. Compensation of Elected Officers.--(a) Theminimum annual salaries of the elected officers of counties ofthe 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 havethe power to fix the salary of all county officers governed bythe provisions of subsection (a).

(c) The county commissioners of counties of the second classshall not reduce the salary of any county officer below theamount 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 thelegislative body of any city, borough, town or township of anyclass, nor as school director of any school district, nor as amember of any board of health.

(b) No member of Congress from this State nor any personholding or exercising any office or appointment of trust orprofit under the United States shall at the same time hold orexercise any county office in this State to which a salary, feeor perquisites are attached.

Section 403. Oath of Office.--(a) In addition to any oathor affirmation required by any other act of Assembly, all countyofficers, their deputies, assistants and clerks shall, beforeentering on the duties of their respective offices oremployments, take and subscribe the following oath oraffirmation: "I do solemnly swear (or affirm) that I willsupport, obey and defend the Constitution of the United States,and the Constitution of this Commonwealth, and that I willdischarge the duties of my office (or employment) with fidelity;that I have not paid or contributed, or promised to pay orcontribute, either directly or indirectly, any money or othervaluable thing to procure my nomination or election (orappointment), except for necessary and proper expenses expresslyauthorized by law; that I have not knowingly violated any

election law of this Commonwealth, or procured it to be doneby others in my behalf; that I will not knowingly receive,directly or indirectly, any money or other valuable thing forthe performance or non-performance of any act or duty pertainingto my office (or employment), other than the compensationallowed by law."

(b) The foregoing oath shall be administered by some personauthorized to administer oaths, and shall be filed in the officeof the prothonotary of the county in which the same is taken.Any person refusing to take said oath or affirmation shallforfeit his office. Any person who shall be convicted of havingsworn or affirmed falsely, or of having violated said oath oraffirmation, shall be guilty of perjury, and be foreverdisqualified from holding any office of trust or profit withinthis Commonwealth.

Section 404. Officers to Have Commissions Recorded.--Everycounty officer receiving a commission from the Governor shallimmediately deliver the same to the recorder of deeds forrecordation, at the expense of such officer. No such officershall execute any of the duties of his office until he has sodelivered the said commission.

Section 405. Offices, Records and Papers.--(a) Except asotherwise 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 theirrespective offices and all public records and papers belongingthereto at the county seat and in such buildings as may beerected or appropriated for such purpose.

(a.1) The county commissioners shall have the power to keepand maintain records and to contract with persons for storage,retrieval and transmission of county records within or outsidethe county, except that no records shall be stored outside thecounty seat without the approval of the officer in charge ofthe office to which the records belong. The approval of thepresident judge shall be required if records are in the custodyof agencies of the court of common pleas, the clerk of courts,the prothonotary, the register of wills and the clerk of theorphans' court. Public records stored outside of the countyseat shall be made accessible to the general public at thecounty seat by means of an electronic telecopying system orfacility which will permit the retrieval of the records or exactcopies thereof within three business days.

(a.2) The county commissioners shall have the power toimpose a fee on recorded instruments required to be keptpermanently that are filed with the county. The countycommissioners, with the approval of the president judge, shallhave the power to impose a fee on civil or criminal cases filedin the court of common pleas. The fees will be collected by theappropriate row officer and deposited in a special recordsmanagement fund, administered by the county's records managementprogram in the Office of Management and Productivity or, in theabsence of such an office, an office that handles the same orsimilar functions. The fund shall be solely used to help defraythe cost of maintaining, administering, preserving and caringfor the records of the county. ((a.2) added July 9, 1992,P.L.682, No.99)

(b) The county commissioners shall furnish each of suchofficers with an office in the county building, courthouse orother building at the county seat.

(c) Any person failing or refusing to maintain his officeand to keep all public records and papers belonging thereto in

the buildings appropriated for such purpose, in accordance withthe provisions of this section, shall be guilty of amisdemeanor, and, upon conviction thereof, shall be sentencedto undergo imprisonment until he complies with the provisionsof this section, or until sooner discharged by order of thecourt, 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 maybe open to the inspection of any taxpayer thereof, but theproper officers may make reasonable rules and regulationsrespecting the time of such inspection and fees for copying.

(b) In case any officer shall refuse to permit theinspection of any fiscal record or document, the taxpayer may,by petition to the court of common pleas of the county, setforth his reasons for desiring to make such inspection, and ifthe court deems such reasons proper it shall order the officerto 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 appointedand duly commissioned to any county office shall demand andreceive all records, books, drafts, plans, papers, seals orother official things, including all public funds, held in suchoffice and not otherwise provided for by the act, approved theseventeenth day of May, one thousand nine hundred forty-nine(Pamphlet Laws 1403), known as the Municipal Unclaimed MoneysAct, belonging to such office, from the person or persons whoheld 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 anyrecords, books, drafts, plans, papers, seals or other officialthings, including public funds, as herein provided, belongingto such office, after reasonable demand therefor, shall beguilty of a misdemeanor, and, upon conviction thereof, shallbe sentenced to undergo imprisonment until the delivery of anysuch official things found to be in his possession or controlto the proper officer, or until sooner discharged by order ofthe 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 CertainCases.--(a) Whenever any county officer is authorized orrequired to appoint a deputy or deputies, such deputy, orprincipal deputy where there are more than one, shall, duringthe necessary or temporary absence of his principal, performall the duties of such principal, and also, in case of avacancy, until a successor is qualified. ((a) amended July 16,1975, P.L.70, No.41)

(b) No person temporarily succeeding to any county officeby reason of the death or removal of the duly elected orappointed officer shall execute any of the duties of such officeuntil he has first taken oath and filed the bond required ofthe principal officer.

Section 409. Vacancies Not Otherwise Provided For.--In caseof a vacancy happening by death, resignation or otherwise inany county office created by the Constitution or laws of thisCommonwealth, and where no other provision is made by theConstitution or by the provisions of this act to fill thevacancy, it shall be the duty of the Governor to appoint asuitable person to fill such office, who shall continue thereinand discharge the duties thereof until the first Monday of

January next succeeding the first municipal election which shalloccur two or more months after the happening of such vacancyin counties of the second class. In counties of the second classA the appointed person shall continue therein and discharge theduties thereof for the balance of the unexpired term. Suchappointee 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 theduty of all county officers to furnish, on application thereof,to the head of any department of the State government, suchinformation and copies of such records or documents containedin their respective offices as in the opinion of such head ofdepartment may be necessary or pertinent to the work of hisrespective department. The county so furnishing informationshall receive for copying and forwarding the same suchreasonable compensation as the Auditor General may determine.Such compensation shall be paid to the county by the StateTreasurer out of moneys not otherwise appropriated, upon warrantfrom the Auditor General.

(b) All county officers shall also furnish to the Departmentof Community Affairs such information as may be requested byit. ((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 of1996 and its functions were transferred to the Departmentof Community and Economic Development.

Section 411. Penalty for Neglect or Refusal to PerformDuties.--If any county officer neglects or refuses to performany duty imposed on him by the provisions of this act or by theprovisions of any other act of Assembly or by any rule of courtor other provision of law, he shall, for each such neglect orrefusal, be guilty of a misdemeanor, and, on conviction thereof,shall be sentenced to pay a fine not exceeding five hundreddollars ($500).

Section 412. Absconding Officers.--The office of any countyofficer absconding from the county shall be vacant to allintents and purposes.

Section 413. Qualifications of Elected County Officers.--Noperson shall be elected to any county office, except the officeof district attorney otherwise provided for by this act, unlesshe shall be at least eighteen years of age, a citizen of theUnited States and a resident of the county, and shall haveresided within the county for one year next preceding hiselection.

(413 amended June 16, 1972, P.L.466, No.148)

Compiler's Note: Act 54 of 2017 added 53 Pa.C.S. § 1142,which provides that "active military duty" shall notdisqualify a person from fulfilling residencyrequirements for municipal elective office and that onewho is a resident of a municipality for at least oneyear immediately prior to the person's absence due toactive military duty shall be deemed to be an ongoingresident of the municipality for purposes of anyresidency requirement of office unless and until theperson demonstrates an intent to establish a new domicileoutside the municipality.

(b) Official Bonds

Section 420. Official Bonds; Requirements.--(420 repealedNov. 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 ofSurety.--(423 repealed Nov. 22, 2011, P.L.431, No.106)

Section 424. Custodians of Official Bonds.--(424 repealedNov. 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; ExclusiveProvisions.--(426 repealed Nov. 22, 2011, P.L.431, No.106)

Section 427. Premiums of Official Bonds.--(427 repealedNov. 22, 2011, P.L.431, No.106)

Section 428. Bonds of Deputies and Other Appointees.--(428repealed 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 officersof the county may join with county officers of other countiesof the Commonwealth and organize a State association, asfollows:

(1) The county commissioners, together with the countysolicitor and the chief clerk to the county commissioners andcertain officers who are counterpart personnel in countieshaving 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 andresolve the various questions arising in the discharge of theduties and functions of the respective officers, and to provideuniform, efficient and economical methods of administering theaffairs of the counties pertaining to their offices.

(b) In order to achieve such purposes by cooperation,coordination and full exchange of information, each Stateassociation is authorized to hold an annual meeting, at suchtime and place within the Commonwealth as it may designate.

(c) Both the association of county controllers and theassociation of county treasurers may meet in joint session withthe association of county commissioners, solicitors and chiefclerks, if such associations mutually so agree, but in any case,

each association shall have a separate session on at least twodays of the annual meeting.

Section 434. Deputies and Solicitors May Attend AnnualMeetings.--The deputy controller, the deputy sheriff, the deputyregister of wills, the deputy treasurer, the deputyprothonotary, the deputy clerk of courts, the deputy recorderof deeds, the deputy clerk of orphans' court, the firstassistant district attorney, one assistant public defender andthe chief deputy coroner, with the approval of his principaland the solicitor for each office may attend the annual meetingsof his respective associations, either together with thecontroller, sheriff, register of wills, prothonotary, clerk ofcourts, 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 ofall authorized elected county officers attending the annualmeetings of their associations shall be paid by the severalcounties out of the general county fund. Each of these officers,except the county commissioners, shall be reimbursed for actualexpenses not to exceed one hundred seventy-five dollars ($175)per day for the number of days specified in subsection (b) ofthis section, together with mileage going to and returning fromsuch meeting and the registration fee. The sum of one hundredseventy-five dollars ($175) per day as set forth in thissubsection shall be adjusted annually by the annual increasein the cost of living as determined annually by the UnitedStates Department of Labor. ((a) amended June 28, 2002, P.L.465,No.75)

(a.1) The actual expenses of all authorized nonelectedcounty officers and employes attending the annual meetings oftheir associations may be paid by the several counties out ofthe county general fund. Each of these officers may bereimbursed for actual expenses in an amount not to exceed onehundred seventy-five dollars ($175) per day for the number ofdays specified in subsection (b) of this section, together withmileage going to and returning from such meetings and theregistration fee. The sum of one hundred seventy-five dollars($175) per day shall be adjusted annually as set forth insubsection (a) of this section. ((a.1) amended June 28, 2002,P.L.465, No.75)

(a.2) Every delegate attending the annual meeting shallsubmit to the county an itemized account of expenses incurredat the meeting. The county may authorize employes to becompensated at their regular employe rate during theirattendance at the annual meeting. The actual expenses forelected officers shall, and for nonelected officers may, bepaid for the number of days specified in subsection (b). Inaddition, elected county officers shall receive, and nonelectedcounty officers and employes may receive, actual expenses notto exceed one hundred seventy-five dollars ($175) per day foreach day not in excess of two in going to and returning fromsuch meeting. The sum of one hundred seventy-five 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 countycommissioners, county solicitors and chief clerks shall notexceed four days, and those of all other State associationsshall not exceed three days, in every case, exclusive of thetime 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) Inaddition to the expenses hereinbefore authorized, the necessaryexpenses of the annual meetings of the associations hereinafternamed, including printing, committee expenses and stenographicalexpense shall be paid in equal parts by the counties whoseofficers are members of the respective associations.

(b) In the case of the county controllers, the sheriffs,the register of wills, the county commissioners, countysolicitor and chief clerk, the prothonotaries and clerks ofcourts of common pleas, the county treasurers, the recordersof deeds, the public defenders and the directors of veterans'affairs, the portion of the annual expenses charged to eachcounty of the second class shall not exceed one thousand dollars($1,000) and to each county of the second class A shall notexceed eight hundred dollars ($800); and in the case of theprobation officers, an annual membership subscription notexceeding ten dollars ($10) per member shall be paid by thecounty, and shall be in lieu of the expenses hereinbefore inthis section provided for other county officers. ((b) amendedJune 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 countycommissioners, county solicitors and chief clerks shall beapportioned among the counties holding membership in theassociation in amounts provided for by the rules and regulationsof the association.

(a.1) In addition to the expenses hereinbefore authorized,the necessary expenses of the association of district attorneysshall be apportioned among the counties holding membership inthe association in amounts provided for by the rules andregulations of the association.

(b) Such annual apportionments of expenses shall be asapproved at each annual convention of the said association bya majority vote of the members present, and when so approvedshall 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 andAppointees.--(a) The county commissioners, the sheriffs,coroners, prothonotaries, registers of wills, recorders ofdeeds, treasurers, controllers, clerks of the courts, districtattorneys, and any other officers of the county, whether electedor duly appointed to fill a vacancy, shall be removable fromoffice only by impeachment, or by the Governor, for reasonablecause, after due notice and full hearing, on the advice oftwo-thirds of the Senate, or upon conviction of misbehavior inoffice or of any infamous crime, in accordance with theConstitution of this Commonwealth, but their title to officemay 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 thanto elected offices shall be subject to removal at the pleasureof the appointing power, except as otherwise expressly providedby law, and they shall also be removed on conviction ofmisbehavior 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 andof all boards, commissions and authorities, created by oroperating as agencies of the county, are hereby declared to bepublic meetings, open to the public at all times.

(b) Nothing contained in this section shall prevent thecounty commissioners or any such board, commission or authorityfrom holding executive sessions from which the public isexcluded, but no final official action shall be taken as to anyproposed 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 countyshall have an accumulation of records or other papers in hisoffice which such officer shall deem valueless, he may destroyand dispose of the same, provided he shall have first obtainedthe approval of the court of common pleas, or of the orphans'court of the county in the case of the office of register ofwills or clerk of the orphans' court.

(b) In any such case, the court of common pleas or theorphans' court, as the case may be, may prescribe suchconditions, including the duty on such officer and the countycommissioners to have copied and replaced any such records orpapers by such mechanical process as is authorized by law, assuch court shall deem advisable.

(c) The provisions of this section shall not apply to therecorder of deeds of the county, except as to writteninstruments, documents or papers lodged for record and recordedand which were thereupon returnable to the persons entitledthereto, when such persons have failed to call for the sameafter a period of one year from the time they were ready fordelivery and return.

Section 471. Destruction of Retired Public Bonds andInsurance Policies.--The county commissioners are herebyauthorized and empowered to destroy by incineration, under theterms and conditions hereinafter provided, retired public bondsand coupons, whether serial or otherwise, and expired insurancepolicies on county property.

Section 472. Petition to Common Pleas for Order forDestruction.--(a) Bonds of the county which have heretoforematured or may hereafter mature and all coupons pertaining tothe same, upon redemption by the treasurer of the county, andall expired insurance policies on county property, both realand personal, which have been expired for a period of not lessthan six years, may be destroyed by incineration at a place tobe designated by the county commissioners. Before thedestruction of any such public records, there shall first befiled a petition in the court of common pleas of the county,by either the county commissioners, the county controller orthe county treasurer, or by all of them jointly, setting forthfull and detailed information about the numbers, valuations andmaturity dates of the bonds so to be destroyed, and full anddetailed information in regard to the insurance policies,including the date of issuance, the name of the risk, the amountof the coverage, the date of expiration, and the dispositionof any claim made in regard to said policy or policies so tobe destroyed.

(b) In case of the failure or refusal of either the countycommissioners, the county controller or the county treasurer

to join in the prayer of the said petition, the court shallmake a preliminary order upon those officers failing or refusingto sign said petition to show cause why such destructions shouldnot be effected, said rule to be returnable in ten days.

(c) After a hearing thereon, the court of common pleas ofthe county shall make such order as it may deem advisable andproper under the facts. After an order for said destruction ofsaid public records, if the court of common pleas grants theprayer of the petition for the said destruction of said bondsand coupons and insurance policies, the county commissionersshall, at an appointed place designated by them, at a periodnot less than sixty days from the date of said order, publiclydestroy said records, and the county controller shall make aminute in his office of such records destroyed.

Article VCounty Commissioners and Chief Clerk

(a) Commissioners

Section 501. Election; Vacancies.--(a) Three countycommissioners shall be elected in the county in the year onethousand nine hundred and fifty-five and every fourth yearthereafter. In the election of commissioners, each qualifiedelector shall vote for no more than two persons. The threepersons having the highest number of votes shall be elected.

(b) Any vacancy in the office of county commissioners shallbe filled for the balance of the unexpired term by the courtof common pleas of the county, by the appointment of an electorof the county who voted for the commissioner whose place is tobe filled.

Section 502. Organization.--The county commissioners shallmeet on the first Monday of January in the year one thousandnine hundred and fifty-six and on the first Monday of Januaryevery fourth year thereafter, in the office provided for themat the county seat, for the purpose of organization.

Section 503. Quorum; Execution of OfficialInstruments.--(a) The commissioners shall constitute a board,two members of which shall be a quorum for the transaction ofbusiness, and when convened in pursuance of notice or accordingto adjournment shall be competent to perform all the dutiesappertaining to the office of county commissioners.

(b) Where any official document, instrument or officialpaper is to be executed by the county commissioners, it shallbe done by at least two of the commissioners and attested bythe chief clerk who shall affix the county seal thereto.

Section 504. Certified Copies of Proceedings to beEvidence.--Copies of the proceedings of the commissioners andof all records in their possession, certified by their chiefclerk under the county seal, shall be admitted in evidence inany of the courts of this Commonwealth.

Section 505. Power to Administer Oaths.--The commissionersshall respectively have power to administer oaths andaffirmations in all cases arising in the performance of theduties of their office.

Section 506. Expenses.--The county commissioners shall beallowed their expenses necessarily incurred and actually paidin the discharge of their official duties or in the performanceof any service, office or duty imposed upon countycommissioners.

Section 507. Office Furniture, Stationery, Etc.--(a) Thecounty commissioners, at the cost of the county, shall purchase

and provide the office furniture, equipment and supplies, blankbooks, blanks, dockets, books for records, stationery, postage,fuel, light and janitor and telephone service required for eachof the county officers whose offices are located in the countybuildings or at such other places at the county seat as may bedesignated by the commissioners, and all supplies used by thepublic 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 foreach of the county officers whose offices are not required bylaw to be kept and maintained in county buildings or at thecounty seat.

Section 508. Ordinances and Resolutions.--(a) The boardof commissioners may adopt resolutions and ordinancesprescribing the manner in which powers of the county shall becarried out and generally regulating the affairs of the county.

(b) The board of county commissioners may formulate andadopt ordinances, resolutions, rules and regulations, pertainingto the use of any property owned or used by the county and theconduct of persons in, on or about such county property, inorder to preserve such property and to promote and preserve thepublic health, safety and welfare. The rules and regulationsshall be published, promulgated and become effective in thesame manner as other resolutions and ordinances of the county.

(b.1) All such proposed ordinances, unless otherwiseprovided by law, shall be published at least once in onenewspaper of general circulation in the county not more thansixty (60) days nor less than seven (7) days prior to passage.Public notices of any proposed ordinance shall include eitherthe full text thereof or the title and a brief summary preparedby the county solicitor setting forth all the provisions inreasonable detail and a reference to a place within the countywhere copies of the proposed ordinance may be examined. If thefull text is not included a copy thereof shall be supplied tothe same newspaper of general circulation in the county at thetime the public notice is published. If the full text is notincluded an attested copy thereof shall be filed in the countylaw library. In the event substantial amendments are made inthe proposed ordinance or resolution, upon enactment, thecommissioners shall within ten (10) days re-advertise in onenewspaper of general circulation in the county, a brief summarysetting forth all the provisions in reasonable detail togetherwith a summary of the amendments. Such ordinances shall notbecome effective until recorded in the ordinance book of thecounty. In any case in which maps, plans or drawings of anykind are adopted as part of an ordinance, the commissionersmay, 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 unlessotherwise provided by law, shall be published at least once inone newspaper of general circulation in the county. Suchresolutions, rules and regulations shall not become effectiveuntil ten days after the publication aforesaid. In lieu ofpublishing the resolutions, rules or regulations in theirentirety, the county commissioners may publish the title or asummary thereof and the place where such resolutions, rules orregulations, together with such maps, plans or drawings whichmay 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 ofcounty commissioners pursuant to this section, shall, upon

conviction thereof at a summary proceeding, be sentenced to paysuch fine as may be prescribed in such ordinances, resolutions,rules and regulations by the county commissioners but not inexcess of one hundred dollars ($100), to be paid to the use ofthe county, with costs of prosecution, or to be imprisoned inthe county jail for not more than thirty (30) days, or both.

The board of county commissioners may also prescribe finesand penalties, not exceeding five hundred dollars ($500), forthe violation of county ordinances, which fines and penaltiesmay be collected by suit brought in the name of the county inlike 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 forthe benefit of the county, and the care and management,investment, sale, reinvestment and disposal of such trust fundsor property shall be vested in the sinking fund commission andshall be governed thereby, subject to such direction as thedonors of such funds and property may prescribe.

Section 510. Creation of Capital Reserve Fund forAnticipated Capital Expenditures.--The county commissionersshall have the power to create and maintain a separate capitalreserve fund for anticipated legal capital expenditures. Themoney in the fund shall be used from time to time for theconstruction, purchase or replacement of or addition to countybuildings, equipment, machinery, motor vehicles or other capitalassets of the county and for no other purpose.

The county commissioners may, annually, appropriate moneysfrom the general county funds not to exceed five per cent ofthe current general county fund budget, to be paid into thecapital reserve fund, or place in the fund any moneys receivedfrom the sale, lease or other disposition of any county propertyor from any other source unless received or acquired for aparticular purpose. The fund shall be controlled, invested,reinvested and administered, and the moneys therein and incomefrom such moneys expended for any of the purposes for which thefund is created in such manner as may be determined by thecounty commissioners. The money in the fund when invested shallbe invested in securities designated by law as legal investmentsfor sinking funds of municipalities.

This clause shall not be construed to limit the powers ofthe county to the use of moneys in the capital reserve fund inmaking 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 aseparate operating reserve fund in order to minimize futurerevenue shortfalls and deficits, provide greater continuity andpredictability in the funding of vital government services,minimize the need to increase taxes to balance the budget intimes of fiscal distress, provide the capacity to undertakelong-range financial planning and develop fiscal resources tomeet long-term needs.

(b) The county commissioners may annually makeappropriations from the general county fund to the operatingreserve fund, but no appropriation shall be made to theoperating reserve fund if the effect of the appropriation wouldcause the fund to exceed five per cent of the estimated revenuesof the county's general fund in the current fiscal year.

(c) The commissioners may at any time, by resolution, makeappropriations from the operating reserve fund for the followingpurposes only:

(1) to meet emergencies involving the health, safety orwelfare of the residents of the county;

(2) to counterbalance potential budget deficits resultingfrom shortfalls in anticipated revenues or program receiptsfrom whatever source; or

(3) to provide for anticipated operating expendituresrelated either to the planned growth of existing projects orprograms or to the establishment of new projects or programsif for each such project or program appropriations have beenmade and allocated to a separate restricted account establishedwithin the operating reserve fund.

(d) The operating reserve fund shall be invested, reinvestedand administered in a manner consistent with the provisions ofsection 1964 of this act relating to the investment of countyfunds generally.

(511 added Oct. 30, 2000, P.L.616, No.85)

(b) Chief Clerk of County Commissioners

Section 520. Chief Clerk.--The county commissioners shallappoint a chief clerk.

Section 521. Duties and Powers of Chief Clerk.--(a) Thechief clerk shall keep the books and accounts of the board ofcounty commissioners, record and file their proceedings andpapers, attest all orders and warrants issued by them, andperform all other duties pertaining to his office as chiefclerk.

(b) He shall have general power to administer oaths andaffirmations pertaining to the business of the office of thecounty commissioners.

Article V-ACivil Service

(Art. added Nov. 30, 1967, P.L.649, No.299)

Section 501-A. Civil Service for Certain Employes.--Thecounty commissioners are hereby authorized to establish byordinance, a merit system for the selection, tenure, promotionand discharge of employes involved in any work for which thecounty receives or is eligible to receive Federal or Stategrants-in-aid.

(501-A added Nov. 30, 1967, P.L.649, No.299)

Article VIController

Section 601. Election and Term; Seal.--(a) At the municipalelection immediately preceding the expiration of the term ofthe controller now in office and quadrennially thereafter, thequalified electors of the county shall elect one citizen of thecounty, who shall serve as controller for the term of four yearsfrom the first Monday of January following his election or untilhis successor shall be qualified, if he so long shall behavehimself well.

(b) The county controller shall be provided with an officialseal of his office by the county commissioners of the countywhich shall be used for the attestation of all official papers.

Section 602. Eligibility.--(a) No person holding officeunder the United States shall be eligible to the office of

county controller during his continuance in such office noruntil one year thereafter.

(b) The county commissioners, county treasurer,prothonotary, register of wills, clerk of the courts, recorderof deeds, sheriff and district attorney and their chief clerksor deputies shall be ineligible, during their continuance insuch office and for two years thereafter, to the office ofcounty controller.

(c) The controller shall always be eligible to re-electionor appointment.

Section 603. Deputy Controller and Clerks.--The controllershall appoint a deputy controller and clerks, and may authorizeone or more of the clerks employed in his office to administerto all persons oaths and affirmations pertaining to the businessof the office, with the same force and effect as if administeredby the controller or deputy controller.

Section 604. Solicitor to the Controller.--The countycontroller may designate and appoint one person learned in thelaw to act as his solicitor. Such solicitor shall advise uponall such legal matters as may be submitted to him and shallconduct any litigation desired by the county controller. Heshall hold office at the pleasure of the controller. He shallreceive such salary as may be fixed by the salary board.

Section 605. Expenses.--The county controller and his deputyclerks and employees shall be allowed their expenses necessarilyincurred and actually paid in the discharge of their officialduties or in the performance of any service or duty imposedupon them.

Article VIILot and Block System

Section 701. County Commissioners to Establish.--The countycommissioners are hereby empowered to establish, in the officeof the county controller, the lot and block system for theregistration of land titles, for the accumulation of county taxliens, and for the enumeration of the parcels of real estateto be assessed for county, city, borough, township, school andinstitution district taxation.

Section 702. Systems Which may be Adopted.--In establishingthe said lot and block system, the commissioners may adopt anysystem covered by such designation, now in use either inmunicipalities in the Commonwealth or in use in themunicipalities in other states, or a combination of suchsystems, as they shall deem proper, in order to supply the needsof said county.

Section 703. Cost and Expense.--For the purpose of defrayingthe cost and expense of establishing said lot and block system,the commissioners may use current tax revenue or may issuegeneral obligation bonds in such amounts as are necessary andin such manner as provided by the Municipal Borrowing Law.

Section 704. Part of System Transferred to Deed RegistryOffice, Part Maintained in Office of Controller.--Wheninstallation of the lot and block system has been completed,the division of said system having custody of the plats andplat books and the upkeep of the same shall be transferred tothe deed registry office of said county, and the files, cards,indexes and records relating to the liening of county taxesshall remain in and be maintained by the office of thecontroller of said county. The deed registrar and the controllerof the county are hereby charged with and required to operate

and maintain the several portions of the lot and block systemplaced in their custody, as herein provided.

Section 705. Putting System into Effect.--Where thecommissioners have established the lot and block system in theoffice of the county controller, and where the county controllerhas certified to the commissioners that said system has beencompletely installed in either the whole of the county orcompletely installed in one or more municipal subdivisionsthereof, then the commissioners shall proceed to put said systeminto effect in the manner hereinafter set forth.

Section 706. Petition to Common Pleas; Determination;Order.--Immediately upon the receipt of the certification ofcompletion from the county controller, the commissioners shallpresent their petition to the Court of Common Pleas, settingforth the establishment of such lot and block system, the factof its completion, either in the county as a whole or withinone or more municipal subdivisions, and a brief statementdescribing the method of operation of the lot and block systemso established. If the court shall determine that the saidsystem has been established in accordance with the provisionsof this article and has been completed, it shall make an orderplacing the same in effect as of the first Monday of Januarynext succeeding such order.

Section 707. Effect of Order: Correction of Assessments;Recording Instruments; Tax Bills; Liens; Tax Sales.--The effectof the order of the Court of Common Pleas shall be as follows:

(a) The district assessors appointed by the Board ofProperty Assessment, Appeals and Review, whose assessments arebeing made within the municipal subdivisions that have had thelot and block system completed therein, shall immediatelyproceed to correct their original books of assessment by addingthereto the lot and block system descriptive numbers.

(b) The Board of Property Assessment, Appeals and Reviewshall, as to assessments already in its hands, which assessmentsare within municipal subdivisions covered by said order ororders of court, correct such assessments by adding thereto thelot and block system descriptive numbers.

(c) The recorder of deeds shall receive for recording anydeed that shall refer to a specific parcel of real estate,whether or not said deed shall bear the certification by thecustodian of the lot and block system that the lot and blocksystem descriptive numbers incorporated in the description ofthe real estate described therein are correct, but beforetranscribing any such deed lacking the certification, he shallobtain 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 blocksystem has been completed under the order of court, shall placeupon each tax bill sent out, and upon each tax receipt issuedupon payment, the lot and block system descriptive numbers.

(e) The county controller, in the case of the county, andthe treasurer, tax collector or solicitor, as the case may be,in each city, borough, township or school district, within whichthe lot and block system has been completed, shall, at the timeof filing liens for unpaid taxes with the prothonotary, setforth on such liens the individual lot and block systemdescriptive numbers, and the prothonotary shall not receive andfile such liens unless the said descriptive numbers arecontained thereon.

(f) For the purposes of the sale of real estate fordelinquent taxes, either by the sheriff of the county or by thecommissioners and treasurer of the county, or by the treasurer

of any city, the lot and block system descriptive numbers arehereby declared to be sufficient description for the advertisingpreceding such sale, for the oral description read at such saleprior to receiving bids, and for the purposes of the descriptionto be inserted in any tax deed to be given to the purchaser atsuch sale.

Section 708. Registration of Ownership ofProperty.--(a) All persons, corporations, municipalcorporations, authorities, districts or political subdivisions,hereafter acquiring any interest in real estate, whether bypurchase, gift, devise, inheritance, order of court, treasurer'ssale, sheriff's sale, judicial sale, eminent domain orotherwise, shall register in the office of the countycommissioners their deeds, resolutions, orders of court or otherevidence of title, so that the same may be endorsed inaccordance with the act of May 2, 1899 (P.L.162).

(b) No real estate so registered shall be subject to salefor taxes or other municipal claims, except in the name of theowner as registered in accordance with the provisions of thissection.

(c) All persons, corporations, municipal corporations,authorities, districts or political subdivisions, heretoforeacquiring any interest in real estate, may register their realestate in accordance with the provisions of this section.

(708 added Oct. 22, 1959, P.L.1358, No.468)

Article VIIITreasurer

Section 801. County Treasurer; Eligibility.--No judge, clerkor prothonotary of any court, register of wills, recorder ofdeeds, county commissioner or county controller shall beeligible to serve as county treasurer during their continuancein 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 ofTreasurer.--(804 repealed Nov. 22, 2011, P.L.431, No.106)

Section 805. Misapplication of Funds Collected for SpecificPurposes.--Whenever any moneys are collected by law in anycounty for any special purpose and paid into the hands of thetreasurer of the county, it shall be unlawful for such treasurerto apply such moneys or any part thereof to any other purposethan that for which such moneys were collected. Every suchmisapplication shall be a misdemeanor, upon conviction whereofthe treasurer shall be punished by a fine of not less than theamount so misapplied and by imprisonment for not less than threemonths nor more than one year.

Section 806. Deputy Treasurer.--The county treasurer ishereby authorized to appoint a deputy county treasurer who shallperform such duties as shall be prescribed by the countytreasurer.

Section 807. Solicitor to County Treasurer.--The countytreasurer is hereby authorized to appoint one person, learnedin the law, as his solicitor. The solicitor shall advise uponall legal matters that may be submitted to him and shall conductany litigation when requested so to do by the treasurer.

(807 added June 4, 1969, P.L.53, No.17)

Article IXCounty Solicitor

Section 901. Appointment; Qualifications.--The countycommissioners shall appoint a county solicitor, who shall bean attorney-at-law admitted to practice in the courts of thisCommonwealth. He shall, before entering upon the duties of hisoffice, file with the county commissioners an agreement to payall fees, attorney's fees and commissions received from everysource as county solicitor into the county treasury.

Section 902. Duties.--He shall commence and prosecute allsuits brought or to be brought by the county wherein or wherebyany rights, privileges, properties, claims or demands of thecounty are involved, as well as defend all actions or suitsbrought against the county, and shall perform all duties nowenjoined by law upon county solicitors, and shall do all andevery professional act and render legal advice incident to theoffice, which may be required of him by the commissioners.

Section 903. Employes.--The county solicitor may, with theapproval of the county commissioners, appoint such clerks andstenographers as may be necessary in the discharge of hisduties.

Section 904. Assistant Solicitors.--The county solicitormay, with the consent of the county commissioners, appoint, toassist him in the discharge of the duties of his office,assistant county solicitors and special counsel, who shall beattorneys-at-law admitted to practice in the courts of thisCommonwealth. Each assistant and special counsel shall performsuch duties in connection with the legal affairs of the countyas may be assigned to him by the county commissioners or thecounty solicitor.

Article XEngineer

(Hdg. amended Nov. 27, 1968, P.L.1114, No.346)

Section 1001. County Engineer; Appointment; Term.--Thecounty commissioners of the county may appoint a professionalengineer in civil engineering who shall be styled the countyengineer. Such engineer shall serve at the pleasure of thecommissioners.

(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 requiredshall furnish the commissioners with reports, information orestimates on any such work, and, in general, shall perform allsuch duties with reference to any county engineering work asthe county commissioners may from time to time prescribe;

(2) perform all duties relating to surveying as may beassigned to him by the county commissioners or by law; and

(3) perform all duties heretofore imposed on countysurveyors.

(1002 amended Nov. 27, 1968, P.L.1114, No.346)

Article XIBoard of Viewers

(Art. repealed Apr. 28, 1978, P.L.202, No.53)

Section 1101. Number of Members; Qualifications.--(1101repealed 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 andRegulations.--(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 repealedApr. 28, 1978, P.L.202, No.53)

Section 1106. Clerks and Stenographers.--(1106 repealedApr. 28, 1978, P.L.202, No.53)

Article XIISheriff and Coroner

(a) Sheriff

Section 1201. Unfinished Business of OutgoingSheriff.--(a) It shall be the duty of every outgoing sheriffto deliver all unfinished and unexecuted writs and processwhatsoever to his successor, whose duty it shall be to receiveand execute the same as if said writs and process had beenoriginally issued and directed to him, and to carry out andcomplete all other official duties of his predecessor.

(b) Whenever any real estate shall be sold under anyexecution by a sheriff who shall in any lawful manner besucceeded in office before any deed shall be executed andacknowledged by him in due form of law for such real estate,his successor in office shall have the same power and be underthe same duty to execute and acknowledge a deed for such realestate to the purchaser thereof as the sheriff selling suchreal estate under execution if he were still in office, whichdeed so executed shall be as effectual in law as if the titlehad been completed by the former sheriff.

(c) No court order shall be necessary in any event toauthorize an incoming sheriff to carry out his duties asprescribed by this act.

Section 1202. Sheriff May Act by Deputy.--Whenever thesheriff is or shall be required by law to act in person underor by virtue of any writ or process whatsoever issued by thecourts of this Commonwealth, he may act either in person or bya regularly appointed deputy sheriff.

Section 1203. Chief Deputy.--The sheriff of the county shallappoint, by commission duly recorded in the office for recordingdeeds, a chief deputy, whose appointment shall be revocable bythe sheriff at pleasure on recording in said office a signedrevocation thereof. The chief deputy, during his continuancein office, shall have full power and authority to perform anyduty incumbent upon such sheriff with like effect in law as ifsuch official act had been done by the sheriff in person,regardless of the ability or temporary disability of suchsheriff to act while such sheriff continues in office. Nothingin this section shall operate to relieve such sheriff or hissureties from liability upon their official bond.

Section 1203.1. Chief Deputy in Counties of the SecondClass.--In counties of the second class, the sheriff of thecounty shall appoint in accordance with section 1216, bycommission duly recorded in the Department of Real Estate, achief deputy, whose appointment shall be revocable by thesheriff at pleasure on recording in said department a signedrevocation thereof. The chief deputy, during his continuancein office, shall have full power and authority to perform anyduty 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 suchsheriff to act while such sheriff continues in office. Nothingin this section shall operate to relieve such sheriff or hissureties 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 addedsection 1203.1, provided that Act 89 shall apply tocontracts and purchases advertised on or after January 1of the year following the effective date of section 6.

Section 1204. Real Estate Deputy.--The sheriff may have areal estate deputy to take charge of all matters relating tosheriff's sales of real estate and distributions of the proceedsthereof, whose appointment shall be made and be revocable, ashereinbefore provided for the chief deputy. Such deputy shallhave full power to perform all duties incumbent upon thesheriff, in like manner as his chief deputy, with like effectin law as if such official acts had been done by the sheriffin person. Such duties shall include the execution andacknowledgment of sheriff's deeds for real estate upon receiptof the purchase price thereof. Nothing in this act shall operateto relieve the sheriff or his sureties from liability upon theirofficial bonds, but such liability shall continue as heretofore.

Section 1205. Deputies and Clerks.--The sheriff of thecounty may appoint such deputies and clerks as may be necessaryto properly transact the business of his office. He may revokethe appointment of deputies in the same manner as his chiefdeputy.

Section 1205.1. Deputies and Clerks in Counties of theSecond Class.--In counties of the second class, the sheriff ofthe county may appoint in accordance with section 1216, suchdeputies and clerks as may be necessary to properly transactthe 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 deputysheriff unless the sheriff files with the prothonotary, priorto the appointment of such person, the name and photograph ofsuch person, together with an affidavit of such person settingforth 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 atleast two years immediately preceding the filing of suchaffidavit;

(4) That he has never been convicted of a crime involvingmoral turpitude under the laws of this Commonwealth or of anyother state or of the United States;

(5) That he has not, for a period of two years immediatelypreceding the filing of such affidavit, acted either for himselfor as the agent or employe of another in any labor dispute, orhired himself out or performed any service as a privatedetective, private policeman or private guard in any labordispute, or received any fee or compensation whatsoever foracting as a private detective, private policeman or privateguard in any labor dispute, or conducted the business of aprivate detective agency or of any agency supplying privatedetectives, private policemen or private guards, or advertised

or solicited any such business in this Commonwealth inconnection with any labor dispute.

Section 1207. False Statements in Deputy's Affidavit.--Anyfalse statement contained in any such affidavit shall constituteperjury and shall be punishable as such.

Section 1208. Filed Items Public Records.--The name,photograph and affidavit of any such person so filed with theprothonotary shall constitute a public record.

Section 1209. Public List of Applicants for DeputySheriff.--The sheriff shall, from time to time, prepare a listof the names of all persons who have applied for appointmentas deputy sheriff and who meet the qualifications hereinbeforeprescribed. Such list shall be posted in a public place for aperiod of not less than ten days, and thereafter shall be filedin the office of the prothonotary. No deputies shall beappointed by the sheriff whose names do not appear on said list.

Section 1209.1. Public List of Applicants for Deputy Sheriffin Counties of the Second Class.--In counties of the secondclass, the sheriff shall, from time to time, prepare a list ofthe names of all persons who have applied for appointment asdeputy sheriff and who meet the qualifications hereinbeforeprescribed. Such list shall be posted in a public place for aperiod of not less than ten (10) days and thereafter shall befiled in the Department of Court Records - civil division. Nodeputies shall be appointed by the sheriff whose names do notappear 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 addedsection 1209.1, provided that Act 89 shall apply tocontracts and purchases advertised on or after January 1of 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 shallperform, directly or indirectly, any official services orofficial duties for any person, association or corporation, orreceive, directly or indirectly, any compensation, gifts orgratuities from any person, association or corporation, duringthe period of his official services. Nothing herein containedshall prohibit such officers from serving writs and other legalprocess as authorized by law. Any compensation payable to anysuch officer for official duties and services shall be paidonly out of the public funds, to the amount and in the mannerprescribed by law. Gifts, donations and gratuities of any naturewhatsoever, made by any person, association or corporation tothe county or to any official or agent thereof, shall notconstitute public funds within the meaning of this section.

(b) No county, or any official or agent thereof, shallaccept as a gratuity, gift or donation any arms, ammunition,military supplies, tear gas or equipment, or supplies orarticles of a similar character from, nor shall any suchgratuity, gift or donation be made by, any person, associationor corporation.

(c) Any contract or agreement whatsoever made in violationof the provisions of this section shall be utterly void and ofno effect in law or in equity and is hereby declared to becontrary to public policy.

Section 1211. Penalties.--Any sheriff, deputy sheriff orany other county police officer whatsoever, or any otherofficial of the county, or any person, association orcorporation 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 notless than one hundred dollars ($100) nor more than five hundreddollars ($500), or to undergo imprisonment for not less thanninety (90) days nor more than two years, or both.

Section 1212. Construction.--Nothing contained in sections1206 or 1210 of this act shall be construed:

(a) To prohibit the payment by any person, association orcorporation of fees or compensation for county police or otherpeace officers assigned to exhibitions, athletic contests orother recreational activities.

(b) To prohibit the appointment, employment or compensationby 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 protectcemeteries and grounds and buildings open to the public, or toenforce laws for the prevention of cruelty to persons oranimals, (6) fire police, whose only duty shall be to directtraffic and maintain order to, at or from fires, (7) police orguards employed by nonprofit corporations or organizations.

Section 1213. Solicitor.--The sheriff may appoint one personlearned in the law and admitted to practice in the county ofthis Commonwealth as his solicitor. Said solicitor shall advisethe sheriff upon all legal matters that may be submitted tohim, and shall conduct any litigation in connection with thesheriff's office, when requested so to do by the sheriff.

Section 1214. Chief Deputy Sheriff to Act as Sheriff inCase of a Vacancy.--If the sheriff shall be legally removedfrom his office, or shall die before the expiration of the termfor which he was commissioned, the chief deputy sheriff of thecounty shall execute the office of sheriff and perform allthings thereunto appertaining and receive the compensationprovided by law for sheriffs until another sheriff iscommissioned and notice thereof is given to such chief deputysheriff.

(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 hisoffice a book or books in which he shall enter all writs thatmay come to him and the proceedings thereon, and at theexpiration of his term of office, such book or books shall bedeposited in the office of the prothonotary, for the inspectionof all persons interested therein.

Section 1216. Sheriff's Employes, Counties of SecondClass.--(a) Appointment and promotion of deputies and otheremployes in the office of sheriff of a county of the secondclass shall be made in the manner provided by the act of May31, 1974 (P.L.296, No.94), entitled "An act providing for theappointment, promotion, reduction in rank, suspension, furlough,discharge and reinstatement of deputy sheriffs in counties ofthe second class; extending civil service coverage to suchdeputies; and providing penalties," except as otherwise providedin this section.

(b) Whenever a vacancy is likely to occur or is to be filledin a permanent position in the office of sheriff, the sheriffshall submit to the department of human resources a statementindicating the position to be filled. The department of humanresources shall thereupon certify to the sheriff the names ofthe three eligibles willing to accept appointment who arehighest, according to the results of the written examination,on the appropriate promotion list or employment list, whicheveris in existence. If there are less than three eligibles on

appropriate eligible lists who are willing to acceptappointment, the department of human resources shall certifyall the names on these lists. If upon inquiry by the departmentof human resources or appropriate authority any person on anypromotion or employment list is found to be not available forpromotion or appointment, the person's name shall not for thetime being be considered among the names from which a promotionor appointment is to be made.

(c) Appointees shall be selected for each existing vacancyfrom the eligible list in the order of names of the threepersons thereon who have received the highest average on thewritten examination. Examinations shall be administered forpositions of the rank of lieutenant and below, and interviewsshall be conducted with the three persons who have received thehighest average. Appointments shall be made from among the threepersons who received the highest average combined score of theexamination and interview.

(d) Civil service examinations to test applicants shallrelate to such matters and include such inquiries as will fairlytest the merits and fitness of the persons examined to dischargethe duties of employment.

(e) Probationary appointments to positions in the forcemay, notwithstanding section 6 of the act of May 31, 1974(P.L.296, No.94), be terminated, for cause, prior to completionof the nine-month probationary period.

(f) Notwithstanding the provisions of section 1(c) of theact of May 31, 1974 (P.L.296, No.94), all positions of the rankof lieutenant and below shall be classified as competitive,thereby extending civil service coverage to such lieutenantsin the applicable bargaining unit. Persons holding positionsof l ieutenant or below on the effective date of this sectionshall continue to occupy those positions but shall fulfill therequirements of any future promotions on and after the effectivedate of this amendment. New openings for a vacancy in theposition of lieutenant and below shall be classified ascompetitive on and after the effective date of this section.

(g) In no case shall an applicant for promotion to theposition of sergeant in the sheriff's office be considered untilthe applicant shall have first served three years in thesheriff's office as a deputy sheriff. No member of the sheriff'soffice shall be eligible to take any promotional examinationfor the position of sergeant until after serving three (3) yearsin the sheriff's office as a deputy sheriff. No member of thesheriff's office shall be eligible to take a promotionalexamination for the position of lieutenant unless the memberholds the position of sergeant in the sheriff's office. Eachmember of the sheriff's office shall have his examination markor grade increased by an additional one-half point for eachyear he served in the sheriff's office, but such additionalpoints shall not exceed ten points. Points shall be added tothe mark or grade of only those members passing the examination.

(h) All applicants for examination shall undergo a physicalexamination which shall be conducted under the supervision ofa doctor of medicine. No person shall be eligible forappointment until a doctor certifies to the department of humanresources or appropriate authority that the applicant is freefrom any physical or mental conditions which would precludehim or her from the discharge of the duties of the positiondesired 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 amendedsection 1216, provided that Act 89 shall apply tocontracts and purchases advertised on or after January 1of the year following the effective date of section 6.

Section 1217. Political Activity by Sheriff's Employes inCounties of the Second Class.--(a) No employe shall use hisofficial authority or influence for the purpose of interferingwith or affecting the result of an election.

(b) No employe shall take an active part in politicalmanagement or in a political campaign. Activities prohibitedby this subsection include, but are not limited to, thefollowing activities:

(1) Serving as an officer of a political party, a memberof a National, State or local committee of a political partyor an officer or member of a committee of a partisan politicalclub or being a candidate for any of these positions.

(2) Organizing or reorganizing a political partyorganization 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 activelyparticipating in a fund-raising activity of a candidate in apartisan election or of a political party or political club.

(5) Taking an active part in managing the political campaignof a candidate for public office in a partisan election or acandidate for political party office.

(6) Becoming a candidate for or campaigning for an electivepublic office in a partisan election.

(7) Soliciting votes in support of or in opposition to acandidate for public office in a partisan election or acandidate for political party office.

(8) Acting as recorder, watcher, challenger or similarofficer at the polls on behalf of a political party or acandidate in a partisan election.

(9) Driving voters to the polls on behalf of a politicalparty or a candidate in a partisan election.

(10) Endorsing or opposing a candidate for public officein a partisan election or a candidate for political party officein a political advertisement, a broadcast, campaign, literatureor similar material.

(11) Serving as a delegate, alternate or proxy to apolitical party convention.

(12) Addressing a convention, caucus, rally or similargathering of a political party in support of or in oppositionto a partisan candidate for public office or political partyoffice.

(13) Initiating or circulating a partisan nominatingpetition.

(14) Soliciting, paying, collecting or receiving acontribution at or in the workplace from any employe for anypolitical party, political fund or other partisan recipient.

(15) Paying a contribution at or in the workplace to anyemploye who is the employing authority of the person making thecontribution for any political party, political fund or otherpartisan recipient.

(c) An employe or individual to whom subsection (a) or (b)applies retains the right to vote and to express an opinion onpolitical subjects and candidates and may engage in thefollowing activities:

(1) Register and vote in any election.

(2) Express an opinion as an individual privately andpublicly on political subjects and candidates.

(3) Display a political picture, sticker, badge or buttonwhen 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 asimilar organization.

(5) Be a member of a political party or other politicalorganization or club and participate in its activities to theextent consistent with this section.

(6) Attend a political convention, rally, fund-raisingfunction 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 amunicipal ordinance or any other question or issue of a similarcharacter.

(10) Otherwise participate fully in public affairs, exceptas prohibited by law, in a manner which does not materiallycompromise efficiency or integrity as an employe or theneutrality, efficiency or integrity of the sheriff's office.

(d) Notwithstanding anything in this section or any otheract to the contrary, no person shall be deemed ineligible forthe office of school director solely on the basis that suchperson's political activities are otherwise restricted underthis section.

(e) Subsection (c) does not authorize an employe to engagein political activity while on duty or while in a uniform thatidentifies him as an employe. The sheriff of a county of thesecond class may prohibit or limit the participation of anemploye or class of employes of the sheriff's office in anactivity permitted by subsection (c) if participation in theactivity would interfere with the efficient performance ofofficial duties or create a conflict or apparent conflict ofinterests.

(f) An employe who violates this section shall be removedfrom employment, and funds appropriated for the position fromwhich removed thereafter may not be used to pay the employe orindividual: Provided, That the civil service commission createdunder section 1503 of this act at its discretion may impose apenalty of suspension without pay for at least thirty (30) days,but not more than one hundred twenty (120) days, if it findsthat the violation does not warrant termination.

(g) An employe who is currently an officer in a politicalparty or who holds a political office on the effective date ofthis section may fulfill the remainder of his term. Uponcompletion of the term, the provisions of this section shallapply.

(h) The following words and phrases when used in thissection shall have, unless the context clearly indicatesotherwise, 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 givenor transferred by one person to another, including in cash, bycheck, by draft, through a payroll deduction or allotment planor by pledge or promise, whether or not enforceable, orotherwise.

"Election" means a primary, municipal, special and generalelection.

"Employe" means a person employed in the office of sheriffof a county of the second class. The term includes managementemployes, deputy sheriffs and clerical employes. The term doesnot 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 ofinfluencing in any way the outcome of any partisan election,receives or expends money or anything of value or transfersmoney or anything of value to any other fund, political party,candidate, organization, political action committee or any otherentity.

(1217 added Jan. 27, 1998, P.L.1, No.1)

(b) Coroner

Section 1231. Deputies.--The coroner shall appoint a chiefdeputy and may appoint one or more deputies to act in his placeand stead, as he may deem proper and necessary. Such deputy ordeputies 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 regulationsfor the government and control of county morgues, and shallappoint suitable persons for such morgues so established tohave charge of the same, and who shall be removable at thepleasure of the coroner. The number of such persons and thesalary of each shall be fixed by the salary board.

Section 1233. Removal of Bodies to Morgue.--Whenever thebody of any deceased person who is unidentified, or which bodyis unclaimed by proper persons, has been found within thecounty, it shall be removed to the county morgue. The coronershall, if he deems it necessary, cause any such body to beproperly embalmed or prepared for preservation for such lengthof time as he may think proper. Any such body shall be examinedor inspected only by such persons as the coroner authorizes inwriting or who are admitted in his presence. No such body shallbe removed from any such morgue except upon the certificate ofthe coroner.

Section 1234. Ambulance.--In the county, the countycommissioners shall furnish and maintain, from the general fundsof the county, an ambulance for the removal of bodies ofdeceased persons to and from the morgue and for the burial ofunclaimed bodies. The coroner may provide rules and regulationsfor the use and maintenance of the ambulance.

Section 1235. Unclaimed Property of Deceased;Sales.--(a) The coroner shall safely keep in his charge allpersonal effects and property which appear to have been on orabout the person at the time of his death, or being found onany decedent whose body is received at the county morgue, andall such effects and property which are delivered to himaccording to law. The coroner shall hold such property for oneyear, unless sooner claimed by legal representatives of thedeceased or otherwise duly and lawfully claimed or disposed of.

(b) After one year, the coroner shall cause such propertyremaining unclaimed, or so much thereof as remains undisposedof according to law, except moneys and such properties assecurities which may not be subject to such a sale, which shallbe turned over to the commissioners for proper disposition oruse, to be sold at public sale.

(c) Notice of any such public sale shall be published inat least one newspaper of general circulation in the countyonce a week for three successive weeks. The proceeds of allsuch sales shall be paid immediately into the county treasury,and the coroner shall make a written report thereof to thecounty commissioners, under oath, at the same time. If the bodyhas been buried at the expense of the institution district, thecounty shall pay the proceeds of sale, or such property as wasnot subject to sale, as hereinbefore provided, less costs, overto the institution district. The foregoing provisions shall bein lieu of escheat to the Commonwealth.

Section 1235.1. Requests for Examinations and Reports.--(a)Requests for examinations or other professional services byother counties or persons may be complied with at the discretionof the coroner pursuant to guidelines established by the countycommissioners.

(b) A set of fees and charges for such examinations orprofessional services shall be established by the coroner,subject to approval by the county commissioners, and shall beaccounted for and paid to the county treasurer pursuant tosection 1960. Payment for examinations or professional servicesshall be the responsibility of the county or person requestingsuch services.

(c) The coroner may charge and collect a fee of up to onehundred dollars ($100) for each autopsy report, up to fiftydollars ($50) for each toxicology report, up to fifty dollars($50) for each inquisition or coroner's report and such otherfees as may be established from time to time for other reportsand documents requested by nongovernmental agencies. The feescollected shall be accounted for and paid to the countytreasurer pursuant to section 1960 and shall be used to defraythe expenses involved in the county complying with theprovisions of the act of March 2, 1988 (P.L.108, No.22),referred to as the Coroners' Education Board Law. In countiesof the second class, the collected fees shall also be used tosupplement any other moneys to defray the expenses of staff,equipment and supplies related to determining cause and mannerof 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 andcircumstances concerning deaths which appear to have happenedwithin the county, regardless where the cause thereof may haveoccurred, for the purpose of determining whether or not anautopsy should be conducted or an inquest thereof shall be had,in the following cases:

(1) sudden deaths not caused by readily recognizable diseaseor wherein the case of death cannot be properly certified by aphysician on the basis of prior (recent) medical attendance;

(2) deaths occurring under suspicious circumstances,including those where alcohol, drugs or other toxic substancesmay 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 andsubsidences);

(4) any death in which trauma, chemical injury, drugoverdose or reaction to drugs or medication or medicaltreatment, was a primary or secondary, direct or indirect,contributory, aggravating or precipitating cause of death;

(5) operative and peri-operative deaths in which the deathis 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 thereafterunavailable 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 notthere is sufficient reason for the coroner to believe that anysuch death may have resulted from criminal acts or criminalneglect of persons other than the deceased.

(c) As part of this investigation, the coroner shalldetermine the identity of the deceased and notify the next ofkin 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 thecause and manner of death, he shall perform or order an autopsyon the body.

(b) If the coroner is unable to determine the cause andmanner of death following the autopsy, he may conduct an inquestupon 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 wascriminally responsible therefor by act or neglect and, if so,the identity of the person, and to examine any further evidenceand witnesses regarding the cause of death.

(c) The proceedings at the inquest shall be recorded, atthe expense of the county, in a manner to be provided by thecounty 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 medicalattendance by a person who may lawfully execute a certificateof death in this Commonwealth, or if, within twenty-four hoursof death, the decedent was discharged from such medicalattendance or a change of such medical attendance had occurred,or if any such medical attendance began within twenty-four hoursof death and the medical attendant refuses or is unable tocertify the cause of death. Medical attendance includeshospitalization.

The provisions of this section shall not be construed toaffect the coroner's discretion as to whether or not any deathwas suspicious, nor shall they be construed to authorize acoroner to investigate a sudden death any further than necessaryto 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 andcircumstances of death, the body and its surroundings shall beleft untouched until the coroner has had a view thereof or untilhe shall otherwise direct or authorize, except as may beotherwise provided by law, or as circumstances may require.Bodies upon a public thoroughfare or in other places may beremoved so much as is necessary for precaution against traffic

accidents or other serious consequences which might reasonablybe 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 theprovisions of this subdivision or of any other law, the bodyshall not be released or removed from his jurisdiction exceptupon his direction and consent, in accordance with law.

Section 1241. Cooperation with District Attorney.--In theexercise of his duties as contained in this subdivision, thecoroner shall, so far as may be practicable, consult and advisewith the district attorney.

Section 1242. Certificate of Cause of Death.--The coronershall issue a certificate of cause of death in all casesreferred to him by the local registrar of vital statistics,pursuant to the provisions of the act, approved the twenty-firstday of May, one thousand nine hundred forty-three (PamphletLaws 414), known as the Uniform Vital Statistics Act, and inall other cases of which he has jurisdiction, if no person dulyauthorized by the said act certifies the cause of death.

Section 1243. Power of Subpoena and Attachment.--The coronershall have power to issue subpoenas to obtain the attendanceof any person whom it may be necessary to examine as a witnessat any inquest, and to compel attendance by attachment in likemanner and to the same extent as any court of common pleas ofthis Commonwealth may or can do in cases pending before them,and also to compel in like manner the production of all papersand other things relative to such inquest. Such subpoena andattachment shall be served and executed by the sheriff or bythe 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 thejury panels of the court of common pleas.

(b) The function of such jury shall be to determine themanner of death and whether any criminal act or neglect ofpersons known or unknown caused such death. Such jury shall bepaid as provided by law as if they were serving the court ofcommon 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 personsbrought or appearing before him, and any person swearing oraffirming falsely on such examination shall be guilty ofperjury.

Section 1245. Commitment to County Prison.--If any personappearing before the coroner for examination shall refuse totake oath or affirmation, or after having been sworn or affirmedshall refuse to make answer to such questions as shall be putto him by the coroner touching the matters of the inquest, suchperson so refusing may be held for contempt before the courtof quarter sessions.

Section 1246. Inquests Not Public.--The coroner may, in hisdiscretion, admit or exclude members of the public from anyinquest or part thereof, and admit or exclude any personinterested or suspected from such inquest or any part thereof.No person excluded may appear by attorney, but any personrequired to attend may have benefit of counsel at suchattendance.

Section 1247. Chief Deputy Coroner to Act as Coroner inCase of Vacancy.--If the coroner shall be legally removed fromhis office or shall die or resign before expiration of the term

for which he was commissioned, the chief deputy coroner of thecounty shall execute the office of coroner and perform allthings thereunto appertaining and receive the compensationprovided by law for coroners until another coroner iscommissioned and notice thereof is given to such chief deputycoroner.

(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 assumethe duties of said office and to comply with the requirementsof the acts of Assembly in such cases, the office shall bevacant, and it shall be the duty of the Governor, upon thenotification of the recorder of deeds, to appoint and commissionsome suitable person to fill such vacancy, until the firstMonday of January next succeeding the first municipal electionwhich shall occur two or more months after the happening ofsuch vacancy. Such appointee shall be confirmed by the Senateif in session. No fees shall hereafter be charged on commissionsissued to the coroner.

Section 1249. Solicitor to Coroner.--The coroner may appointone person, learned in the law, as his solicitor. The solicitorshall advise the coroner upon all legal matters that may besubmitted to him, and shall conduct any litigation in connectionwith the coroner's office when requested to do so by him.

The salary of the solicitor shall be determined by the salaryboard. This salary shall be paid out of the fees received andpaid into the office of the coroner.

All costs and expenses incurred by the coroner in any mannerconnected with litigation or claims arising out of or relatingto his office, shall be paid by the county out of fees receivedby the coroner's office. The provisions of this section shallapply 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 inaccordance with 20 Pa.C.S. Ch. 86 (relating to anatomicalgifts).

(1250 added Dec. 17, 1990, P.L.728, No.182)

(c) Provisions Relating to Sheriffs and Coroners

Section 1260. Not to Exercise Office Until CommissionGranted and Recorded; Penalty.--No person elected or appointedto the office of sheriff or coroner shall execute any of theduties of such office before a commission shall have been dulygranted to him by the Governor and recorded in the recorder ofdeeds office, under a penalty of imprisonment for a term notexceeding six months, at the discretion of the court of quartersessions. Such person shall nevertheless be liable to any personinjured by any acts done by him under color of such office.

Section 1261. Recognizances of Sheriffs and Coroners.--(1261repealed Nov. 22, 2011, P.L.431, No.106)

Section 1262. Sale of Real Estate Bound by Lien.--(1262repealed Nov. 22, 2011, P.L.431, No.106)

Section 1263. Limitation of Action; Satisfaction ofRecognizance.--(1263 repealed Apr. 28, 1978, P.L.202, No.53)

Article XIIIProthonotary; Clerk of Court; Clerk of

Orphans' Court; Register of Wills;Recorder of Deeds

Compiler's Note: Certain provisions of Article XIII of thisAct may be effected by the Judiciary Article, ArticleV, of the Pennsylvania Constitution insofar as ArticleXIII of this Act may relate to prothonotaries,appointments, and the several courts. See especially,but not exclusively, sections 4, 15 and 16 of Article Vof the Pennsylvania Constitution. As to Allegheny Countysee Article V, section 17 of the PennsylvaniaConstitution.

Section 1301. Election of Prothonotary, Clerk of Court,Clerk of Orphans' Court, Register of Wills, Recorder ofDeeds.--At the municipal election preceding the expiration ofthe term of office of any prothonotary, clerk of the court ofquarter sessions, clerk of the court of oyer and terminer,register of wills, clerk of the orphans' court or recorder ofdeeds of the county and quadrennially thereafter, the electorsof the county shall elect a person to fill such office from thefirst Monday of January next succeeding such election, for aterm of four years and until his successor is elected andqualified. Where, under the provisions of this act or otherlaw, it is provided that two or more of said offices shall beheld by the same person, only one person shall be elected tohold such office.

Section 1302. How Offices to Be Held.--In the county, oneperson shall hold the office of prothonotary, one person theoffice of clerk of the court of oyer and terminer and quartersessions, one person the offices of register of wills and clerkof the orphans' court, and one person the office of recorderof deeds.

Section 1303. Incompatible Offices.--(1303 repealed Apr.28, 1978, P.L.202, No.53)

Section 1304. Appointment of First Deputies.--The recorderof deeds shall appoint one first deputy to act in the case ofthe death or resignation of his principal, or when the officeshall 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 repealedApr. 28, 1978, P.L.202, No.53)

Section 1306. Appointment of Minute Clerks by the Courtsof Common Pleas and Courts of Quarter Sessions and Oyer andTerminer.--(1306 repealed Apr. 28, 1978, P.L.202, No.53)

Section 1307. Second Deputy Prothonotary.--(1307 repealedApr. 28, 1978, P.L.202, No.53)

Section 1308. Prothonotary to File and Keep Advance Copiesof Law.--(1308 repealed Apr. 28, 1978, P.L.202, No.53)

Section 1308.1. Solicitor; Cost of Prothonotary'sLitigation.--(1308.1 repealed Apr. 28, 1978, P.L.202, No.53)

Section 1309. Assistant Clerks of Orphans' Court.--(1309repealed Apr. 28, 1978, P.L.202, No.53)

Section 1310. Minute Clerks of Orphans' Court.--(1310repealed Apr. 28, 1978, P.L.202, No.53)

Section 1311. Second Deputy Recorder.--The recorder of deedsmay appoint a second deputy recorder of deeds, who shall possessand discharge all the rights, powers and duties of the principaldeputy recorder of deeds during his necessary or temporaryabsence.

Section 1312. Clerks of Recorder to Administer Oaths.--Therecorder of deeds may appoint one or more clerks employed inhis office to administer oaths and affirmations to all persons

pertaining to the business of the recorder's office, with thesame force and effect as if administered by the recorder ordeputy recorder.

Section 1313. Functions in Certain Offices on Saturday.--Anytasks, functions or duties required to be performed in theoffices of the prothonotary, clerk of the court of quartersessions and of the court of oyer and terminer, clerk of countycourt, clerk of juvenile court, clerk of orphans' court, jurycommissioners, register of wills, recorder of deeds, controller,treasurer, county surveyor, county engineer and the board ofviewers, on Saturday, shall be valid if performed or transactedon the next succeeding secular or business day. The offices ofsuch officials shall be closed on Saturdays except upon orderof a court of record of the county or a judge thereof specifyingtasks, functions or duties for which the offices shall remainopen 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 hissolicitor. The solicitor shall advise the recorder of deedsupon all legal matters that may be submitted to him, and shallconduct any litigation in connection with the recorder of deedsoffice when requested to do so by the recorder of deeds.

The salary of the solicitor shall be determined by the salaryboard. This salary shall be paid out of the fees received andpaid into the office of the recorder of deeds.

All costs and expenses incurred by the recorder of deeds inany manner connected with litigation or claims arising out ofor relating to his office, shall be paid by the county out offees 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 XIVDistrict 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 NolleProsequi.--(a) The district attorney shall sign all bills ofindictment and conduct in court all criminal and otherprosecutions, in the name of the Commonwealth, or, when theCommonwealth is a party, which arise in the county, and performall the duties which now by law are to be performed by deputyattorneys general, and receive the same fees or emoluments ofoffice.

(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 hisassistants or any officer directed by him in the investigationof crime and the apprehension and prosecution of persons chargedwith or suspected of the commission of crime shall be paid bythe county from the general funds of the county, upon theapproval of the bill of expenses by the district attorney andthe court. In any case where a defendant is convicted andsentenced to pay the costs of prosecution and trial, theexpenses of the district attorney in connection with such

prosecution shall be considered a part of the costs of the caseand be paid by the defendant.

Section 1404. Filling of Vacancies.--If any vacancy shalloccur in the office of district attorney, either by death,resignation, removal from office or from the county, orotherwise, the first assistant district attorney shall, upon ashowing that the first assistant district attorney satisfiesthe requirements of section 1401 of the act of August 9, 1955(P.L.323, No.130), known as The County Code, become districtattorney and discharge the duties of the district attorney untilthe first Monday in January following the next municipalelection occurring not less than ninety days after theoccurrence of the vacancy. If the first assistant districtattorney is unwilling or unable to serve or does not satisfythe requirements of section 1401 of The County Code, the judgesof the court of common pleas shall fill the vacancy by theappointment of a competent person who satisfies the requirementsof section 1401 of The County Code to fill the office until thefirst Monday in January following the next municipal electionoccurring not less than ninety days after the occurrence of thevacancy.

(1404 amended Mar. 23, 2021, P.L.34, No.8)

Compiler's Note: Section 2 of Act 8 of 2021 provided thatthe amendment of section 1404 shall apply to vacanciesoccurring on or after the effective date of section 2.

Section 1405. Misconduct of District Attorney.--(a) If thedistrict attorney shall wilfully and corruptly demand, take orreceive any other fee or reward than such as is prescribed bylaw for any official duties required by law to be executed byhim in any criminal proceeding, or if such district attorneyshall be guilty of wilful and gross negligence in the executionof the duties of his office, he shall be guilty of a misdemeanorin office, and, on conviction thereof, be sentenced to pay afine not exceeding one thousand dollars ($1000) and to undergoimprisonment not exceeding one year, and his office shall bedeclared vacant.

(b) Upon complaint in writing, verified by the oath oraffirmation of the party aggrieved, made to the court in whichany district attorney shall prosecute the pleas of theCommonwealth, charging such district attorney with wilful andgross negligence in the execution of the duties of his office,the court shall cause notice of such complaint to be given tothe district attorney and of the time fixed by the court forthe hearing of the same. If upon such hearing the court shallbe of opinion that there is probable cause for the complaint,they shall hand over or commit the district attorney to answerthe same in due course of law. If the court shall be of opinionthat there is no probable cause for such complaint, they shalldismiss the same, with reasonable costs to be assessed by thecourt.

Section 1406. District Attorney Charged with Crime.--If thedistrict attorney is charged, according to law, with any crimeor misdemeanor before or bound over or committed by any courtto answer for wilful and gross negligence in the execution ofthe duties of his office, it shall be the duty of the court toappoint some competent attorney thereof to prepare an indictmentagainst such district attorney and to prosecute the same onbehalf of the Commonwealth until final judgment. Such attorneyshall be paid by the county for his services a reasonablecompensation to be fixed by the court. If such district attorneyshall 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 countycommissioners may purchase, for the use of the office of thedistrict attorney, out of the funds of the county, such lawbooks as may be selected by the district attorney.

Section 1408. When Private Counsel May Prosecute.--If thedistrict attorney shall neglect or refuse to prosecute in dueform of law any criminal charge regularly returned to him orto the court, or if at any stage of the proceedings the districtattorney of the county and the private counsel employed by theprosecutor shall differ as to the manner of conducting thetrial, the prosecutor may present his petition to the court,setting forth the character of the complaint, and verify thesame by affidavit. If the court shall be of the opinion thatit is a proper case for a criminal proceeding or prosecution,it may direct any private counsel employed by such prosecutorto conduct the entire proceeding, and where an indictment isnecessary, to verify the same by his own signature, as fullyas 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 numberof assistants, learned in the law, to assist him in thedischarge of his duties, the number and salary of suchassistants to be fixed by the salary board.

Section 1421. Designation of First Assistant; Powers andDuties.--The district attorney shall designate one of suchassistants as his first assistant. Such first assistant shall,in the absence of the district attorney from the jurisdictionor during his disability to perform the duties of his officethrough 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 allthings in connection with his office which the district attorneymay by law be entitled to do or perform. In case of any suchincapacity of the district attorney or his first assistant, orboth, any or all of such duties, powers and privileges may bedone by such other assistant district attorneys, if any, as maybe designated by the district attorney.

Section 1422. Stenographers and Clerks.--The salary boardmay provide for the appointment by the district attorney ofsuch clerks and stenographers in his office as may be deemednecessary for the proper dispatch of business.

(c) County Detectives

Section 1440. Appointment; Duties and Compensation of CountyDetectives.--(a) The district attorney may appoint one chiefcounty detective, an assistant chief county detective, and asmany county detectives, sergeant, special county detectives andjunior county detectives as the salary board shall fix.

(b) County detectives shall at all times be subject to theorders of the district attorney, and shall investigate and makereport to the district attorney as to the conduct in office ofmagistrates, constables, deputy constables and other officersconnected with the administration of criminal justice, to makeinvestigations, and endeavor to obtain such evidence as may berequired 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 haveall powers now conferred on constables by existing laws of thisCommonwealth, so far as they relate to crime or criminalprocedure, and they shall serve subpoenas in cases in which theCommonwealth is a party in a court of record.

(c) Said chief county detective, assistant chief countydetective, county detectives, sergeant, special countydetectives and junior county detectives shall not be entitledto receive any fees whatsoever, but shall each receive suchsalary as shall be fixed by the salary board, together with allnecessary 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 incurringthe same, and approved by the district attorney, shall be paidout of the treasury of the county, on a certificate issued bythe 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 Approvalof Court.--The district attorney of the county may, with theapproval of the salary board, whenever the court of quartersessions and district attorney may deem it necessary for aparticular and temporary assignment, appoint a specialdetective, whose duty it shall be to assist in obtaining suchevidence as shall be directed by the district attorney for theCommonwealth, and perform such other duties as the court maydirect. He shall be allowed expenses necessarily and actuallyincurred in the performance of his duties.

Such special detective officer shall be a general policeofficer and shall have all the powers that are conferred onconstables by the existing laws of this Commonwealth, so faras they relate to crimes or criminal procedure.

Article XVPolice, 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 countycommissioners in any county of the second class shall have powerto employ such number of police as may be fixed by the salaryboard of the county. The compensation of such police officersshall be paid by the county. ((a) amended Oct. 20, 1967,P.L.472, No.224)

(b) Such police officers shall have jurisdiction anywherewithin the county by which employed, and shall have and possessall the following powers:

(1) To make arrests, without warrant, for all violationsof the law which they may witness, and to serve and executewarrants issued by the proper authorities. In cases of offensesfor violation of any of the provisions of the Vehicle Code, thepower to make arrests without warrant shall be limited to caseswhere the offense is designated a felony or a misdemeanor, andcases causing or contributing to an accident resulting in injuryor death to any person.

(2) The powers and prerogatives conferred by law uponmembers of the police force of cities of the first class.

(3) The powers and prerogatives conferred by law uponconstables of the Commonwealth.

(4) To serve subpoenas issued for any examination,investigation or trial had pursuant to any law of theCommonwealth.

Section 1502. Exclusive System.--No member of the policeforce and no firemen or fire inspectors shall be appointed,promoted, reduced in rank, suspended, furloughed, dischargedor reinstated, except in accordance with provisions of thisarticle.

(1502 amended Aug. 13, 1963, P.L.662, No.347)Section 1503. Civil Service Commission Created;

Appointments; Vacancies.--(a) There is hereby created a civilservice commission, hereinafter referred to as the commission.Each commission shall consist of three commissioners, who shallbe appointed by the county commissioners, and who shall bequalified electors of the county for which appointed. They shallbe appointed initially to serve the term of two, four and sixyears, and as terms thereafter expire, shall be appointed forterms of six years. Not more than two members of the commissionshall be of the majority, and at least one shall at all timesbe of the minority political parties.

(b) Any vacancy occurring in any commission for any reasonwhatsoever shall be filled for the unexpired term within aperiod of thirty days after such vacancy occurs.

(c) Each member of the commission, before entering upon thedischarge of the duties of his office, shall appear before thecourt of common pleas and take an oath or affirmation to supportthe Constitutions of the United States and of the Commonwealthof Pennsylvania and to perform his official duties withfidelity.

(d) No commissioner shall at the same time hold an electiveor appointive office under the United States Government. ((d)amended Apr. 7, 1955, P.L.21, No.6)

Section 1504. Organization of Commission; Quorum.--Thecommission shall organize within ten days after its appointment,and shall elect one of its members as the chairman and one asthe secretary of the commission. The commission shall thereaftermeet and organize on the second Monday of each even-numberedyear. Each commissioner shall be notified in writing of eachmeeting of the commission. Two members of the commission shallconstitute a quorum, and no action of the commission shall bevalid unless it shall have the concurrence of at least twomembers.

Section 1505. Clerks and Supplies.--The county commissionersshall furnish to the commission, on its requisition, suchclerical assistance as may be necessary for the work of thecommission. The board of county commissioners shall provide asuitable and convenient room or rooms for the use of thecommission. The commission shall order from the countycommissioners the necessary stationery, postage, printing andsupplies, and the county commissioners shall aid the commissionin all proper ways in carrying out the provisions of thisarticle.

Section 1506. Rules and Regulations.--Each commission shallhave power to prescribe, amend and enforce rules and regulationsfor carrying into effect the provisions of this article, andshall be governed thereby. Before any such rules and regulationsare in force, the same shall first be approved by the board ofcounty commissioners of the county. When such rules andregulations 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 modificationsthereof shall be printed for public distribution.

Section 1507. Minutes; Records; Annual Report.--Eachcommission shall keep minutes of its proceedings and recordsof examinations and other official actions. All recommendationsof applicants for appointment received by the commission shallbe kept and preserved for a period of five years. All suchrecords and all written causes of removal filed with thecommission shall be subject to reasonable regulations and opento public inspection. The commission shall make an annual reportto the board of county commissioners, containing a brief summaryof its work during the year, which shall be available for publicinspection five days after the filing thereof.

Section 1508. Investigations; Subpoenas.--(a) Thecommission shall have power to make investigations concerningall matters touching the administration and enforcement of theprovisions of this article and rules and regulations adoptedthereunder.

(b) Each member of the commission is hereby given power toadminister oaths as oaths are administered by other publicofficers 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 theattendance of witnesses and the production of records and paperspertaining to any investigation or inquiry authorized by thisarticle.

(d) The fees of such witnesses and for travel shall be thesame as for witnesses appearing in the court of common pleas,and shall be paid from appropriations for incidental expensesof the commission, as provided by the board of countycommissioners.

(e) All officers and employes in public service shall attendand testify when required to do so by the commission.

(f) If any person shall refuse or neglect to obey anysubpoena issued by the commission, he shall be guilty of amisdemeanor, and, upon conviction thereof, shall be subject toa fine not to exceed one hundred dollars ($100) or imprisonmentin the county jail not to exceed thirty days.

(g) If any person shall refuse or neglect to obey anysubpoena issued by the commission, it may, by petition, applyto the court of common pleas of the county for its subpoenarequiring the attendance of such persons before the commissionor the court, there to testify and to produce any records andpapers, and in default thereof, shall be held in contempt ofcourt 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 examinationof applicants for positions in the police force or firedepartment or as a fire inspector and promotions therein. Therules and regulations shall prescribe the minimum qualificationsof 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 thepolice force and for positions or promotions as firemen or fireinspectors shall be practical in character and shall relate tosuch matters and include such inquiries as will fairly test themerit and fitness of the persons examined to discharge theduties of the employment sought by them. All examinations shallbe open to all applicants who have the minimum qualificationsrequired by the rules and regulations, but in no case shall an

applicant for promotion in the police force be considered untilsuch applicant shall have first served three years in the policeforce in which he seeks promotion. Each applicant forexamination shall be subject to the rules adopted by thecommission, and shall be required to submit to a physicalexamination. ((b) amended Dec. 2, 1976, P.L.1226, No.270)

(c) Public notice of the time and place of everyexamination, together with the information as to the kind ofposition or place to be filled, shall be given by publicationonce in a newspaper or papers of general circulation in thecounty at least two weeks prior to each examination. A copy ofthe notice shall be prominently posted in the office of thecommission or other public place.

(d) The commission shall post in its office the eligiblelist containing the names and grades of those who have passedthe examination for positions under this article.

(e) In cases of applications for position to the policeforce 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 incertain cases preference in appointments to and retention inpublic position or on public works for honorably dischargedpersons who served in the military or naval service during anywar in which the United States engaged; and in certain casesfor the widows and wives of such persons," shall be entitledto all the preferences and benefits therein provided, so faras applicable. ((e) amended Aug. 13, 1963, P.L.662, No.347)

Section 1510. Application for Examination for Appointmentto the Police Force or as Fireman or Fire Inspector.--Eachperson desiring appointment to the police force or as a firemanor fire inspector shall apply to the commission for examination,and shall file with the commission a formal application, asprovided by it, and shall state, under oath or affirmation, (1)his full name and residence or post office address, (2) hiscitizenship, place and date of birth, (3) his condition ofhealth and physical capacity for public service, (4) hisbusiness or employment and his residence for the past fiveyears, and (5) such other information as may be required by thecommission's rules and regulations, showing the applicant'squalifications for the position for which he is being examined.

No person shall be eligible to apply for examination unlesshe is more than eighteen years of age and, with respect toapplicants for the police force not over thirty-five years ofage at the date of application, and has been a resident of thecounty for at least two years immediately preceding hisapplication 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 afterexamination may refuse to certify as eligible anyone, who isfound to lack any of the minimum qualifications for examinationprescribed in the rules and regulations adopted for the positionor employment for which he has applied, or who is physicallydisabled and unfit for the performance of the duties of theposition to which he seeks employment, or who is addicted tothe habitual use of intoxicating liquors or drugs, or who hasbeen guilty of any crime involving moral turpitude or infamousor notorious disgraceful conduct, or who has been dismissedfrom 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 theConstitutions and laws of the United States and of Pennsylvania.

(b) If any applicant or person feels himself aggrieved bythe action of the commission in refusing to examine him or tocertify him as eligible, they shall, at the request of suchperson, within ten days, appoint a time and place where he mayappear personally and with counsel, whereupon the commissionshall then review its refusal to make such examination orcertification, and take such testimony as may be offered, andthen again render its decision.

Section 1512. Manner of Making Appointments.--Every positionof employment, except that of superintendent of police orequivalent official, and except that of fire chief or equivalentofficial or chief fire inspector or equivalent official, unlessfilled by promotion or reinstatement, shall be filled only inthe following manner: The county commissioners shall notify thecommission of any vacancy in the police force or as fireman orfire inspector which is to be filled and shall request thecertification of a list of eligibles. The commission shallcertify for each existing vacancy, from the eligible list, thenames of three persons thereon, who have received the highestaverage in the last preceding examination held within a periodof three years next preceding the date of the request for sucheligibles. The county commissioners shall thereupon, with solereference to the merits and fitness of the candidates, make anappointment from the three names certified, unless they makeobjections to the commission as to one or more of the personsso certified for any of the reasons stated in the precedingsection. As each subsequent vacancy occurs in the same oranother 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 theoffice of superintendent of police, assistant superintendentof police, inspector of police, or fire chief or chief fireinspector or equivalent official, the county commissioners maynominate a person to the commission. It shall thereupon becomethe duty of the commission to subject such person to anoncompetitive examination, and if such person shall becertified by the commission as qualified, he may then beappointed to such position, and thereafter shall be subject toall 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 probationaryperiod of eighteen months and for any position as fireman orfire inspector shall be for a probationary period of six months,but during the probationary period an appointee may be dismissedonly for cause, as specified in section 1511 of this act. Ifat the close of the probationary period, the conduct or fitnessof the probationer has not been satisfactory to the board ofcounty commissioners, the probationer shall be notified inwriting that he will not receive a permanent appointment.Thereupon, his appointment shall cease; otherwise, his retentionshall 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 inthe police force or as fireman or fire inspector and there areno names on the eligible list for such appointment, the boardof county commissioners may nominate a person to the commissionfor a noncompetitive examination, and if such nominee shall be

certified by the commission as qualified, after suchnoncompetitive examination, he may be appointed provisionallyto fill such vacancy until an examination for such position canbe 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 certifya list of eligibles to the board of county commissioners, andthey shall then make a regular appointment as prescribed inthis article. Nothing herein contained shall prevent theappointment without examination of persons temporarily as policeofficers, in emergency cases, for the suppression of riots,tumults, in times of war, pestilence, conflagration or publiccelebration.

(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 secondclass within thirty days the commission shall arrange forspecial examinations of applicants for positions in the policeforce for the purpose of increasing the force by forty persons.The examination shall be practical in character and shall relateto such matters and include such inquiries as will fairly testthe persons examined with respect to their expertise in criminalinvestigation and related police work and their merit andfitness to discharge the duties of their employment. Applicantsfor examination under the provisions of this section shall beeighteen years of age or older and need not be a resident ofthe county, but shall in all other respects meet the eligibilityrequirements of this article for examination for positions inthe police force.

Except as otherwise in this section provided, examinationsof qualified applicants shall be conducted in accordance withthe provisions of this Article XV relating to examination ofapplicants for positions in the police force. Appointments notto exceed forty in number shall be made within one year andexcept as otherwise in this section provided, shall be made inaccordance with the provisions of this Article XV relating toappointments to the police force. Anyone appointed under theprovisions of this section shall in all respects be subject tothe provisions of this article relating to members of the policeforce.

(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 ofone year from the effective date of this section, countycommissioners may fill fifteen vacancies in the police forceas prescribed in this section. The county commissioners maynominate persons to the commission for a noncompetitiveexamination. It shall then become the duty of the commissionto submit such persons to an examination to determine theirmerit and fitness to discharge the duties of police officers.Such persons who qualify shall be so certified by the commissionand may then be appointed by the county commissioners. In orderto qualify for such appointment, such persons must be at leasteighteen years of age or older. Such persons need not beresidents of the county. Persons appointed under this sectionshall thereafter be subject to the provisions of this articlerelating 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 ofany vacancy in the police force or as firefighter or fireinspector which is to be filled by promotion and shall request

the certification of a list of eligibles. The commission shallcertify for each existing vacancy, from the eligible list, thenames of three persons thereon, who have received the highestaverage in the last preceding promotional examination heldwithin a period of two years next preceding the date of therequest for such eligibles. The county commissioners shallthereupon, with sole reference to the merits and fitness of thecandidates, make an appointment from the three names certified,unless they make objections to the commission as to one or moreof the persons so certified. No member of the county policeforce or a firefighter or fire inspector shall be eligible totake any promotional examination until after serving three yearsin the county police force or as a firefighter or fire inspectorfor which such examination is held. Each member of the countypolice force or a firefighter or fire inspector shall have hisexamination mark or grade increased by an additional one-halfpoint for each year he served on the county police force or asa firefighter or fire inspector in excess of five years butsuch additional points shall not exceed ten points. The boardof commissioners shall have power to determine in each instancewhether 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 shallbe conducted under the supervision of a doctor of medicineappointed by the board of county commissioners. No person shallbe eligible for appointment until said doctor certifies to thecommission that the applicant is free from any bodily or mentaldefects, deformity or disease that might incapacitate him fromthe discharge of the duties of the position desired in thepolice 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 forceshall be reduced in rank (except superintendent of police),suspended, furloughed or discharged, and no fireman or fireinspector (except fire chief or chief fire inspector) shall besuspended, furloughed or discharged, except for the followingreasons: (1) neglect or violation of any official duty; (2)violation of any law of this Commonwealth which provides thatsuch violation constitutes a misdemeanor or a felony; (3)inefficiency, except as hereinafter provided, wilfuldisobedience of orders, or conduct unbecoming a police officer;(4) drinking of intoxicating liquor while on duty or the useof 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 ofsuperintendent of police), suspension, furlough or discharge,a copy or statement of the reasons therefor and written answersthereto shall be furnished to the person sought to be reducedin rank, suspended, furloughed or discharged, if he shall makedemand therefor. He shall have the right to appeal to thecommission for a hearing on the reasons or charges preferredagainst him within ninety days of the date of service of a copyor 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 commissionshall arrange for the hearing within ten days from receipt ofsuch request. At such hearing, the person against whom thecharge or reason is made may be present in person and bycounsel, and the burden shall be upon the party making suchcharges or reasons to justify his action.

(d) In the event the commission fails to uphold the actionof the party who made the charges or reasons, then the personagainst whom the charges were preferred shall be paid in fullhis salary for the time he may have been prevented fromperforming his usual employment as a police officer or as afireman or fire inspector, and no record of the case shall beplaced against his service record in the police force or asfireman or fire inspector. ((d) amended Aug. 13, 1963, P.L.662,No.347)

(e) If, in the case of demotion of any employe (except thatof superintendent of police), the charges or reasons aresustained, then such person shall not be reverted below hisseniority standing on the roster of the grades of patrolman inthe police force.

(f) A written record of all testimony shall be taken ateach hearing held by the commission, and such records shall besealed and not available to public inspection in the event noappeals are taken from the action of the commission.

(g) In the event the commission shall sustain the party whopreferred the charges or reasons, then the party against whomthe charges or reasons were made shall have immediate right ofappeal to the court of common pleas of the county. Such appealshall be taken within the period of ninety days from the dateof entry by the commission of its final order and shall be bypetition. Upon such appeal being taken and docketed, the courtof common pleas shall fix a day for the hearing and proceed tohear the appeal de novo on the original record, and the employeshall be reduced, suspended, furloughed or discharged, inaccordance with the order of the court.

(h) In cases where a member of a county police force whoseduties are those of an outside policeman is found to bephysically unfit to perform such duties due to an infirmityresulting from the performance of his duties as a policeman,or whenever any such member has served for a period of twentyyears and is at least fifty years of age, such member, uponapplication to the board of county commissioners, if there isany vacancy existing in the number of building policemen,building guards or other positions, the responsibility of whichis building protection or security, as set forth in the budgetof the county, shall be assigned to inside work as buildingpoliceman or other special duties and be paid such compensationas shall be fixed by the salary board for building policemen.Where more applications are made and filed than there arevacancies existing, such assignments shall be made first toapplicants found to be physically unfit and secondly toapplicants in order of their seniority in service. Where twoor more applicants have equal seniority in service, assignmentsshall be determined by the alphabetical order of the firstletter of the surname of the applicants. As vacancies occur,assignments shall be made according to a seniority listdetermined as aforesaid. ((h) amended July 27, 1955, P.L.284,No.101)

Section 1519. Reduction in Number of Policemen, Firemen orFire Inspectors; Reinstatement.--If, for reasons of economy orother reasons, it shall be deemed necessary by the board ofcounty commissioners to reduce the number of policemen in thepolice force or firemen or fire inspectors, then such reductionin numbers shall be made in the following manner: (1) if thereare any policemen, firemen or fire inspectors eligible forretirement under the terms of any retirement or pension systemor law, then such reduction in numbers shall be made byretirement, if the party to be retired has served in the police

force or as a fireman or fire inspector for a period of at leasttwenty-five years and his age exceeds the maximum age as definedin the act of October 27, 1955 (P.L.744, No.222), known as the"Pennsylvania Human Relations Act"; (2) if the number ofpolicemen, firemen or fire inspectors eligible for retirementis insufficient to effect the reduction in numbers decided uponby the board of county commissioners, or if no retirement orpension 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 lastpoliceman, fireman or fire inspector, including theprobationers, that have been appointed to the police force oras fireman or fire inspector, and continue in numerical orderuntil the reduction decided upon by the board of countycommissioners has been effected. In any case where there hasbeen more than one employe appointed at the same time, thensuch furloughing shall be determined by the standing on thecivil service list as hired, the individual having the lowestcivil service score to be furloughed first. In the event thesaid police force, firemen or fire inspectors shall again beincreased in numbers, then the employes furloughed shall bereinstated, in the inverse order of that in which they werefurloughed, before any new appointments shall be made to thepolice 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 forceupon the fourth day of May, one thousand nine hundredforty-three, shall continue to hold their positions, and shallnot be required to take any examination under the provisionsof this article except such as may be required for promotion.Any member of a county police force who was dismissed from suchforce between the first day of January, one thousand ninehundred forty-three, and the fourth day of May, one thousandnine hundred forty-three, for any reason except those asspecified in section 1511 of this act, shall be reinstated tohis former position in the police force without any examinationwhatsoever.

(a.1) All members (except the fire chief) of the countyfire department and all fire inspectors upon the effective dateof this amending act shall continue to hold their positions andshall not be required to take any examination under theprovisions of this article except such as may be required forpromotion.

(b) Each member of the county police force and every firemanor fire inspector now or hereafter serving in the armed forcesof the United States during any war or any police action inwhich the United States is engaged shall, upon his honorabledischarge from such service and return to such police force oras a fireman or fire inspector, be reinstated in the force ina position of equal grade to that which he held immediatelybefore entering the armed forces of the United States. He shallcontinue to hold such position, and shall not be required totake any examination under the provisions of this article exceptsuch 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 applicationfor any examination or in any examination shall be so framedas to elicit information concerning the religious or politicalopinions of any applicant, nor shall inquiry be made concerningsuch 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 thepolice force, firemen or fire inspectors against or in favorof an applicant on the eligible list for appointment to orpromotion in the police force or as fireman or fire inspectorbecause 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 causeany person to be appointed to or promoted in the police forceor as a fireman or fire inspector contrary to the provisionsof this article, or who violates any of the provisions of thisarticle, shall be guilty of a misdemeanor, and, upon conviction,shall be sentenced to pay a fine of not more than five hundreddollars ($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 thecommission or any of the employes they may require for puttinginto effect the provisions of this article shall be fixed bythe salary board.

Section 1524. Hours of Service; Exceptions;Vacations.--Every member of the police force shall have at leasttwenty-four consecutive hours of rest in each calendar week,except in emergency cases for the suppression of riots ortumults or the preservation of the public peace, in times ofwar, riot, conflagration or public celebration. No member shallbe required to work more than eight consecutive hours in anytwenty-four hours except in the aforesaid cases of emergency.Every member shall be allowed one day's vacation for each monthof service for the first twelve months of service, andthereafter an annual vacation of not less than fourteen days.He shall also be allowed an annual sick leave of not less thanfourteen days. All such vacation and sick leave shall be withoutany deduction or diminution of salary or compensation as fixedby the salary board. Work hours of firemen and fire inspectorsshall 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 ofthe police force and every fireman and fire inspector who maybe injured or become sick through the performance of his duties,and by reason thereof is temporarily incapacitated fromperforming his duties, shall be paid by the county his fullrate of salary as fixed by the salary board until the disabilityarising therefrom has ceased. All medical and hospital billsincurred in connection with any such injury or sickness shallbe paid by the county. All benefits under the Workmen'sCompensation Law which shall be received or collected by anysuch member during the period he has received salary fortemporary disability shall be paid over to the county and paidinto the treasury thereof. If any such payment or payments shallnot be so made by the member of the police force, fireman orfire inspector, the amount so directed to be paid to the countyshall be deducted from any salary which shall then or thereafterbecome 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 byViolence; Salaries and Expenses to be Paid.--Every guard,matron, nurse or other employe who comes in contact with inmatesof any jail or workhouse, who is incapacitated as a result ofviolence by an inmate while in the performance of his duties,shall be paid by the county by which they are employed theirfull rate of salary as fixed by the salary board until thedisability arising therefrom has ceased, but the period of suchsalary payments by the county shall not exceed the period duringwhich such employe is entitled to compensation for the injury,received under the provisions of the Workmen's CompensationAct. All medical and hospital bills incurred in connection withany such injuries shall be paid by such county. All benefitsunder the Workmen's Compensation Law which shall be receivedor collected by any such employe during the period he hasreceived salary for temporary disability shall be paid over tothe county and into the treasury thereof. If any such paymentor payments shall not be so made by such employe, the amountso directed to be paid the county shall be deducted from anysalary which shall then or thereafter become due and owing tosuch employe.

Compiler's Note: Section 9(b) of Act 173 of 1978 providedthat section 1531 is repealed insofar as it isinconsistent with 1 Pa.C.S. § 2301(d) (relating toequality of rights based on sex)..

Section 1532. Prison Inspectors to Appoint JailChaplains.--The board of prison inspectors shall appoint jailchaplains necessary to care for the spiritual welfare ofprisoners under their charge.

The number and compensation of such chaplains shall be fixedby the salary board. Said compensation to be paid from thecounty treasury.

Article XVICommission for the Selection of Jurors

(Art. repealed Apr. 28, 1978, P.L.202, No.53)

Section 1601. Commission for the Selection of Jurors.--(1601repealed Apr. 28, 1978, P.L.202, No.53)

Article XVIIEmployes' Retirement System

Section 1701. Definitions.--The following words and phrasesas used in this article shall be construed to have the followingmeaning:

"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 ofthis paragraph, the term shall not include overtime pay in anamount 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, andagricultural extension association, county institutionsdistrict, county prison, any county correctional institution,law library and county retirement board, employes whose

compensation is paid out of county funds, and any personemployed by an authority formed after January 1, 1998, or anysuch other second class county entity when approved by the boardand the county commissioners and whose compensation is paid byan authority or such other entity, except employes employed byany board of trustees of a community college of which the countyis a local sponsor pursuant to the act of August 24, 1963(P.L.1132, No.484), known as the "Community College Act of1963," as amended, county institution district funds or countyretirement system funds or any department created by the officeof the county commissioners, and any person receivingcompensation for accidental injuries in accordance with theprovisions of The Pennsylvania Workmen's Compensation Act:Provided, That the injured county employe during the period ofhis or her disability shall pay each month a sum equal to thelast monthly contribution paid into the retirement fund whensaid county employe was in employment and shall not include anyparticipant in on-the-job training, work experience or publicservice employment whose employment with the county is fundedin whole or in part by the Federal "Comprehensive Employmentand Training Act," as amended, unless the retirement board hasprovided for the membership of such participants in accordancewith the provisions of section 1710.1. It shall not include anytime spent by a county employe on furlough or leave of absencewithout compensation, a person reemployed as a county employesubsequent to the thirty-first day of May, one thousand ninehundred fifty-three, in accordance with the provisions ofsubsection (c) of section 1712, except such county employes whomay be in active military service in accordance with theprovisions of subsection (d) of section 1710 and former countyemployes whose monthly contributions are paid into theretirement fund in accordance with the provisions of section1713. In all cases of doubt the board shall determine who isan employe within the meaning of this article. (Def. amendedJan. 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 servicein accordance with subsection (a.1) of section 1708.

"Reemployed," any former county employe who is reemployedas such, shall thereupon assume the status of a new or futurecounty employe and may, if eligible, receive credit for previousservice in accordance with the provisions of subsection (b) ofsection 1715. It shall not include any person reemployedsubsequent to the thirty-first day of May, one thousand ninehundred fifty-three, in accordance with the provisions ofsubsection (c) of section 1712, nor any county employe who maybe in active military service in accordance with the provisionsof subsection (d) of section 1710.

"Retirement Allowance," the amount to which a county employeis eligible to receive upon retirement from active service notincluding the amount he or she is eligible to receive as aservice increment.

"Retirement fund or system," fund or system created by thisarticle.

"Vested Interest," future county employes including personswho are reemployed as such, except as hereinafter provided,whose contributions as paid into the retirement fund have beenretained therein, or have been refunded by the board, who havefulfilled all conditions required to qualify such countyemployes for a retirement allowance plus a service increment,

if any. It shall not include persons who are reemployed ascounty employes in accordance with the provisions of subsection(c) of section 1712.

"Year or service year," twelve calendar months including anofficial term year beginning the first Monday of January of agiven year to the first Monday of January of the year followingor twenty-six pay periods if payment is made bi-weekly.

"Survivor's Benefit Allowance," a portion of a retirementallowance, plus a service increment, if any, to be paid to asurviving spouse of a deceased county employe.

"Early Retirement," reduced retirement benefits at agefifty-five with completion of the minimum number of years ofservice specified in subsection (a) of section 1710 dependingupon the service requirements for normal retirement. (Def.amended Feb. 9, 1984, P.L.12, No.6)

"Interest," a determined rate, payable upon refund ofcontributions, compounded annually.

"Service Increment," the amount a county employe is eligibleto receive in addition to his or her retirement allowance byreason 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 andregulate a retirement fund in connection therewith.

Section 1703. Retirement Board.--The retirement system shallbe under the sole direction of a board, which shall consist ofthe county chief executive; one member, who shall be a memberof the retirement system, appointed by the chief executive withthe consent of county council; one member, who shall be a memberof the retirement system, appointed by county council; thecontroller; the treasurer; and two persons elected by ballotfrom among the members of the retirement system. The terms ofsuch members shall be four years. Ballots shall be mailed toeach member of the retirement system at least twenty (20) daysprior to the date of the election. A vacancy occurring duringthe term of any member of the board shall be filled for theunexpired term by the appointment or election of a successorin the same manner as his predecessor. A majority of the membersof the board shall constitute a quorum for the transaction ofany 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 thetreasurer of the board, and shall give such bond for the properperformance of his duties as is required by the board. Thepremium on said bond shall be paid from the retirement fund onwarrants of the board. The controller and the treasurer eachshall receive for their service the sum of five hundred dollars($500) per annum from the retirement fund, payable on warrantsof the board. The controller shall be the secretary of theboard.

The board shall have power and authority to pay all necessaryexpenses in the administration of the retirement system, employone solicitor and necessary assistants, who shall receive suchcompensation as the board shall fix, which shall be paid fromthe retirement fund on warrants of the board.

The board may authorize one or more of its assistants toadminister to all persons oaths and affirmations pertaining tothe business of the retirement system.

(1704 amended May 31, 1955, P.L.111, No.35)

Section 1704.1. Tax Qualification.--The board may make suchtechnical changes to the retirement plan as are necessary inorder to qualify the retirement system and fund under section401(a) of the Internal Revenue Code of 1986 (Public Law 99-514,26 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 countyemployes containing the names, ages, residence, nature ofemployment, time of entering employ, and such other informationas the board deems necessary in the performance of its duties.The board may adopt, amend, revise and abolish such rules andregulations as it deems necessary, not inconsistent with thisact.

Section 1706. Investment or Deposit of Fund; Standard ofCare and Liability of Board Members.--(a) The board shall bethe trustees of the retirement fund, and shall have exclusivecontrol and management of the said fund with full power toinvest the money or any part thereof, subject to the terms,conditions, limitations and restrictions that are provided bylaw for investments of trust funds by fiduciaries or theretention or sale of certain investments in the hands offiduciaries. Subject to like terms, conditions, limitations andrestrictions, the board shall have power to hold, purchase,sell, assign, transfer or dispose of any of the securities andinvestments in the retirement fund, as well as the proceeds ofsaid investments and of the money belonging to said fund, orit may deposit such moneys or any part thereof in one or morebanks or banking institutions selected by the board. The boardshall decide upon the number of banks and banking institutionsof the county as depositories of retirement funds and the rateof interest to be paid by them to the board. A contract with adepository shall be for a period covering the term of the countytreasurer. No moneys shall be deposited in a depository untilit shall furnish to the board collateral to secure payments ofdeposits and interest to the board, by depositing in escrowsecurities to be approved by the board. Such securities to beof 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 boardupon which he may serve, in good faith, in a manner hereasonably believes to be in the best interests of theretirement system and with such care, including reasonableinquiry, skill and diligence, as a person of ordinary prudencewould use under similar circumstances. In performing his duties,a board member shall be entitled to rely in good faith oninformation, opinions, reports or statements, includingfinancial statements, investment data and such other financialor investment data made available to him by the board'sinvestment counselors or managers and the board's monitor, ineach case prepared or presented by any of the following:

(1) One or more officers or employes of the board whom thedirector reasonably believes to be reliable and competent inthe matters presented.

(2) Counsel, actuaries, investment managers or consultants,the investment monitor, the board's agent or other persons asto matters which the director reasonably believes to be withinthe 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 withinits designated authority, which committee the directorreasonably believes to merit confidence.

(c) A director shall not be considered to be acting in goodfaith if he has knowledge concerning the matter in questionthat 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 ofthe board may, in determining the effects of any action uponthe employes of the board, the active employes of the countyretirement system and of the retirees of the county retirementsystem who are receiving benefits, consider all other pertinentfactors, which shall include, but not be limited to, the actionsor activities of the duly appointed monitor, investmentcounselors or managers, the actuary and the custodial agent.Consideration of factors contained in this subsection shall notconstitute a violation of subsection (b).

(e) Absent breach of a fiduciary duty, lack of good faithor self-dealing, actions taken as a member of the board by anymember of the board, or any failure to take any action, shallbe presumed to be in the best interest of the retirement system.

(f) Whenever the provisions of this act require the membersof the board to undertake any action by a vote of the board, amember of the board shall not be personally liable for monetarydamages as such for any action taken, or any failure to takeany action, unless:

(1) the board member has breached or failed to perform theduties of his position under subsections (b), (c), (d) and (e);and

(2) the breach or failure to perform constitutesself-dealing, wilful misconduct or recklessness.

(g) The provisions of subsections (b), (c), (d), (e) and(f) shall not apply in any case involving responsibility orliability 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 namesof 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 withdismissals, resignations or terminations of service; also,furnish such other relevant information as the board mayrequire. The head of every department, office or agency shall,in accordance with the provisions of section 1708, cause to bededucted each month from the payroll of such department, officeor agency the necessary contribution to be paid by each countyemploye 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 shallbe required to become a member of the county employes'retirement system within six months from the date of his or heremployment. The said county employe may elect to become a memberof the retirement system at any time during the aforesaid sixmonths period of time by notifying the head of the department,office or agency in which department, office or agency he orshe is employed of the said election. A copy thereof shall befiled immediately with the board. He or she shall, each month,pay into the retirement fund a monthly contribution, being acertain percentage of the amount received by him or her ascompensation during the preceding calendar month. Except asprovided in subsection (d), the monthly contribution shall bethe 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 percentum up to seven hundred fifty dollars ($750) per month.

Nine and three-eighths per centum from seven hundred fiftydollars ($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 rateof monthly contributions to be paid into the retirement fundto enhance the actuarial soundness of said fund, shall beapplicable to all county employes who are members of theretirement system. Such monthly contributions shall be collectedby the county treasurer and by him paid into the retirementfund. The payment of the increased rate of the aforesaid monthlycontributions shall not apply to such former county employeswhose monthly contributions are now paid into said fund inaccordance with the provisions of subsection (d) of section1713. Any county employe receiving compensation for accidentalinjuries in accordance with the provisions of The PennsylvaniaWorkmen's Compensation Act shall during the period of time inwhich such county employe is receiving disability benefits, asprovided in the aforesaid act, pay each month for retirementbenefits a sum equal to the last monthly contribution as paidinto the retirement fund when said county employe was inemployment. The monthly contribution shall not be paid by anyperson who was receiving a retirement allowance and issubsequent to the thirty-first day of May, one thousand ninehundred fifty-three, reemployed as a county employe or any otherperson who is ineligible to become a member of the retirementsystem.

((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 bysubsection (a) beginning the first Monday of January of theyear in which the resolution to do so was adopted by thecommissioners. Contributions made in accordance with thissubsection shall be deemed pickup contributions and shall betreated as the county's contribution in determining taxtreatment under the act of August 16, 1954, 68A Stat. 5, knownas the Internal Revenue Code of 1954, for Federal tax purposes.For all other purposes pickup contributions shall be made andtreated as contributions made by a member in the same mannerand to the same extent as contributions made prior to theimplementation of this subsection. The county on or beforeJanuary 31 of each year shall, at the time when the income andwithholding information required by law is furnished to eachcounty employe, also furnish the amount of the pickupcontribution made on the employe's behalf. Upon the effectivedate of the implementation of this subsection, the county shallpick up the required contributions by an equal reduction in thecompensation of the member. ((a.1) added July 6, 1984, P.L.638,No.131)

(b) All present and future county employes except suchpersons who are reemployed as such subsequent to thethirty-first day of May, one thousand nine hundred fifty-three,in accordance with the provisions of subsection (c) of section1712, shall upon retirement be entitled to receive the benefitsof such change in the service period increased maximumretirement allowance and service increment if any as well assuch other benefits as may apply to his or her status uponretirement in accordance with the provisions of this article.

(c) No future county employe including persons who arereemployed as such, except as hereinafter provided, whose

contributions as paid into the retirement fund have beenretained therein or have been refunded by the board, shall havea contractual or vested interest in the retirement system priorto the time he or she shall have fulfilled all conditionsrequired to qualify such county employe for a retirementallowance plus a service increment if any. It shall not includepersons who are reemployed as county employes in accordancewith the provisions of subsection (c) of section 1712.

(d) To aid and assist the board in maintaining the actuarialsoundness of the retirement fund, the board shall cause to beperformed an annual actuarial valuation of the retirementsystem. Notwithstanding the provisions of subsection (a), theboard, guided by the annual actuarial valuation of theretirement system, shall have the authority, each year, toincrease or decrease the said monthly contribution required tobe 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 actuarialvaluation of the retirement system and the actuarial indicatordescribed in clause (2), shall each year increase the monthlyretirement allowance which is required to be paid to allemployes who have been, for at least one year, prior to thepreceding annual actuarial study, eligible to receive aretirement allowance.

(2) The actuarial indicator to be used for purposes ofclause (1) shall be known as the Total Funded Status Ratio(TFSR) and shall be determined by the system's actuary. TFSRequals the sum of the fair market value of assets available forplan benefits as of the valuation date plus the actuarialpresent value of total projected future contributions computedas a percentage of the sum of the actuarial present value offuture benefits and the actuarial present value of futureexpenses. The actuary shall determine the TFSR using an interestrate equal to the arithmetic average of the rate used in thecurrent actuarial valuation and the rates used for the precedingfour annual actuarial valuations. The level of the TFSR shalldetermine the range in which the retirement allowance increasemay fall. The board shall implement retirement allowanceincreases within the permitted range determined from thefollowing table:

Percentage increaseTFSRZero per centum minimum, or moreat the discretion of the board

Under one hundredten per centum

Two per centum minimum, or moreat the discretion of the board,

One hundred tenper centum andabove provided, however, that the two

per centum minimum increase doesnot result in a TFSR less thanone hundred ten per centum inwhich case the percentage shallbe reduced so as to maintain aone hundred ten per centum TFSRincrease.

The per centum increase determined shall be applied to theaverage monthly retirement allowance in pay status during themonth of December immediately preceding the current actuarialvaluation, producing a monthly dollar equivalent for theretirement allowance increase. The dollar amount so determinedshall be rounded down to the next lower dollar, and such roundedamount shall be added to the retirement allowance of thoseeligible for the increase effective for the month of Januarynext 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, whichamended section 1708, provided that the amendment ofsection 1708 shall be retroactive to January 1, 2000.

Section 1709. Appropriation and Payment to RetirementFund.--At their annual budget session, the county commissionersshall make such an appropriation as will enable them to pay,and there shall be paid out of county taxes and countyinstitution district taxes, a sum of money, each month, whichshall be equal to the amount paid into the retirement fund bythe county employes, less any sum of money required to be paidby an authority or any such other second class county entity,during the preceding month or bi-weekly pay periods inaccordance with the provisions of section 1708: Provided, Thatan authority or any such other second class county entityoperating in the county shall make such an appropriation aswill enable either of them to separately pay, and there shallbe paid out of each of their respective funds, a sum of money,each month, which shall be equal to the amount paid into theretirement fund by those employes who are employed by anauthority and any such other second class county entity duringthe preceding monthly or bi-weekly pay periods in accordancewith the provisions of section 1708.

The county commissioners shall appropriate such amounts asare certified by the State Employes' Retirement Board asnecessary to establish reserves for the benefit of any formermember of the county employes' retirement system, whoseemployment with the county was terminated because of theincorporation into the State highway system of all or any countyhighways, or sections thereof, bridges, tunnels, viaducts, orsections thereto, in counties of the second class, and whobecame a member of the State Employes' Retirement System andwho elected to receive credit in the State Employes' RetirementSystem for service as a member of the county employes'retirement system. Such appropriations shall be made at theannual budget session next succeeding the year in whichcertification is received from the State Employes' RetirementSystem and payment to the State Employes' Retirement Fund shallbe made within ninety (90) days of the adoption of the budget.

It shall be the duty of the county commissioners toappropriate annually sufficient funds, necessary to guaranteepayment of all administrative costs, benefit commitments andlegal 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 theeffective date of paragraph (2) who has reached the age of sixtyyears or upwards and who has to his or her credit a period ofservice of eight years, but less than twenty years, shall, uponapplication to the board, be eligible for retirement fromservice, and shall thereafter receive, during life, except ashereinafter provided, a retirement allowance computed on aservice period of twenty (20) years which shall equal onetwentieth (1/20) of such amount as he or she may be eligibleto receive in accordance with the provisions of subsection (a)of section 1712, for each year's service which such countyemploye may have to his or her credit during the aforesaidperiod of time. The time spent in the employ of the county orcounty institution district need not necessarily have beencontinuous. The aforesaid retirement allowance shall be subject

to a suspension thereof in accordance with the provisions ofsubsection (h) of this section 1710 and subsection (c) ofsection 1712.

(2) Every county employe hired on or after the effectivedate of this paragraph who has reached the age of sixty yearsor upwards and who has to his or her credit a period of serviceof ten years, but less than twenty-five years, shall, uponapplication to the board, be eligible for retirement fromservice, and shall thereafter receive, during life, except ashereinafter provided, a retirement allowance computed on aservice period of twenty-five years which shall equal onetwenty-fifth of such amount as he or she may be eligible toreceive in accordance with the provisions of subsection (a) ofsection 1712, for each year's service which such county employemay have to his or her credit during the aforesaid period oftime. The time spent in the employ of the county or countyinstitution district need not necessarily have been continuous.The aforesaid retirement allowance shall be subject to asuspension thereof in accordance with the provisions ofsubsection (h) of this section 1710 and subsection (c) ofsection 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 forceor the fire department or a fire inspector or a sheriff ordeputy sheriff, who has reached the age of sixty years orupwards and who has to his or her credit a period of serviceof twenty years or more, and every county employe who is amember of the police force or the fire department or a fireinspector, and who shall have been a county employe during aperiod of twenty or more years and has reached the age of fiftyyears or upwards shall, upon application to the board, beeligible for retirement from service, and shall thereafterreceive, during life, except as hereinafter provided, aretirement allowance plus a service increment if any, inaccordance with the provisions of section 1712. Every countyofficer or employe who is a sheriff, deputy sheriff, prisonguard or probation officer who shall have been a county officeror employe during a period of twenty or more years and hasreached the age of fifty-five years or upward, shall, uponapplication to the board, be eligible for retirement fromservice and shall thereafter receive, during life, except ashereafter provided, a retirement allowance in accordance withsection 1712. The time spent in the employ of the county orcounty institution district need not necessarily have beencontinuous: Provided, That when any county employe has twentyor more years service, not necessarily continuous, and has notreached the age of sixty years or upwards, and shall beseparated from the service of the county or county institutiondistrict by reason of no cause or act of his or her own, uponapplication to the board he or she shall thereafter receive,during life, except as hereinafter provided, a retirementallowance plus a service increment if any, in accordance withthe provisions of section 1713. The aforesaid retirementallowance plus a service increment if any, shall be subject toa suspension thereof in accordance with the provisions ofsubsection (h) of this section 1710 and subsection (c) ofsection 1712.

(2) Every county employe hired on or after the effectivedate of this paragraph, other than a member of the police forceor the fire department or a fire inspector or a sheriff ordeputy sheriff, prison guard or probation officer, who has

reached the age of sixty years or upwards and who has to hisor her credit a period of service of twenty-five years or more,and every county employe who is a member of the police forceor the fire department or a fire inspector, and who shall havebeen a county employe during a period of twenty-five or moreyears and has reached the age of fifty years or upwards shall,upon application to the board, be eligible for retirement fromservice, and shall thereafter receive, during life, except ashereinafter provided, a retirement allowance plus a serviceincrement if any, in accordance with the provisions of section1712. Every county officer or employe who is a sheriff, deputysheriff, prison guard or probation officer who shall have beena county officer or employe during a period of twenty-five ormore years and has reached the age of fifty-five years orupwards shall, upon application to the board, be eligible forretirement from service and shall thereafter receive, duringlife, except as hereafter provided, a retirement allowance inaccordance with section 1712. The time spent in the employ ofthe county or county institution district need not necessarilyhave been continuous: Provided, That when any county employehas twenty-five or more years service, not necessarilycontinuous, and has not reached the age of sixty years orupwards, and shall be separated from the service of the countyor county institution district by reason of no cause or act ofhis or her own, upon application to the board, he or she shallthereafter receive, during life, except as hereinafter provided,a retirement allowance plus a service increment if any, inaccordance with the provisions of section 1713. The aforesaidretirement allowance plus a service increment, if any, shallbe subject to a suspension thereof in accordance with theprovisions 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 countyinstitution district may have the period of his or her cityemployment credited as a county employe for all purposes underthis article: Provided, That said person, between thetwenty-second day of May, one thousand nine hundred forty-five,and the twenty-second day of May, one thousand nine hundredforty-six, shall have paid into the retirement fund the amountwhich he or she would have been required to pay into the saidfund if such person had been a county employe from the date ofhis or her original employment with the city: And furtherprovided, That the city by which the said person was formerlyemployed shall have paid into the retirement fund an amountequal to that paid into the said fund by the said person inaccordance with the provisions of this article. Any presentcounty institution district employe who, prior to thetwenty-second day of May, one thousand nine hundred forty-five,was a city institution district employe and who did not makepayments for previous service credit as a county employe betweenthe aforesaid period of time as herein provided, may, prior tothe first day of April, one thousand nine hundred fifty-six,make application to the board and, upon approval thereof, shallpay into the retirement fund a sum equal to twice the paymentwhich such person would have been required to pay into the saidfund had such person been a county employe from the date of hisor her original employment with the city. In addition thereto,interest at the legal rate shall be paid from the date whensuch monthly payment would have been made. Both principal andinterest shall be paid into the retirement fund at one time and

in one amount or, upon approval of the board, both principaland interest shall be consolidated into one amount and paid intwelve or less equal monthly installments, plus interest paymenton monthly balances. Full payment thereof shall be a conditionprecedent to the county employe being eligible to receive thebenefits of the retirement allowances.

No person shall be eligible to receive the benefits for priorservice under this subsection, who is a member of a retirementor pension system of any city of the second class.

If such county employe leaves the employ of the countyinstitution district before he or she shall be eligible toreceive the benefit of the retirement allowances, a refund ofhis or her contributions as paid into the retirement fund shallbe made in accordance with the provisions of section 1714.

(d) Any county employe who on and after the sixteenth dayof September, one thousand nine hundred forty, has been employedby the county or county institution district for a period ofsix or more months, and who, on or subsequent to such date,shall have enlisted or been inducted into military service ofthe United States in time of war or national emergency, soproclaimed by the President or the Congress of the UnitedStates, or any police action in which the United States isengaged, or shall serve in the military service of the UnitedStates during any armed conflict, shall have credited to hisemployment record, for retirement benefits, all of the timespent by him in such military service during the continuanceof such war, armed conflict, national emergency or policeaction, if such person returns or has heretofore returned tohis employment within one year after his separation frommilitary service and such payments as are required to be madeby such county employe into the county employes' retirementfund shall be paid into such fund by the county or countyinstitution district, upon application by such county employefor retirement benefits. Any county employe who has been inmilitary service and returned to the employ of the county orcounty institution district shall, within one year after theeffective date of this article, file with the board a recordof the time spent by him in such military service. Any countyemploye who has been in military service prior to the effectivedate of this article and has made payments into the countyemployes' retirement fund to secure for his employment recordcredit for his military service shall be reimbursed to the fullextent of such payments by the board.

(e) Any person who became a county employe through theconsolidation of a Department of Health of a city of the secondclass with a Department of Health of a county of the secondclass may have the period of his or her city employment creditedas a county employe for all purposes under this article,including any credit for United States military service forwhich such person of said city has been given credit forretirement benefits. Such person shall, within three years fromthe effective date of the consolidation, make application tothe board and, upon approval thereof, pay into the retirementfund the contributions which such person would have beenrequired to pay into the fund had such person been a countyemploye from the date of his or her original employment in thecity. The gross sum shall be paid into the retirement fund atone time and in one amount or, upon approval of the board, thegross sum shall be paid in twelve or less equal consecutivemonthly installments. Full payment thereof, as well as the grosssum to be paid by the city as herein provided, shall be acondition precedent to the county employe being eligible to

receive the benefits of the retirement allowances. The city bywhich such person was formerly employed shall pay into theretirement fund an amount equal to the gross sum as paid intothe said fund by the former city employe in accordance with theprovisions of this article. Included in said gross sum to bepaid by such city, shall be an amount in payment for saidemployes' United States military service credit, if any, forretirement benefits, which amount shall be based on thecontribution which such employe would have been required to payinto the retirement fund had he or she been a county employeduring such period. The city is herewith authorized andempowered to make an appropriation out of the funds of the cityto pay into the retirement fund the necessary amounts as hereinprovided.

If such county employe leaves the employ of the county beforehe or she shall be eligible to receive the benefits of theretirement allowances, a refund of his or her contributions aspaid into the retirement fund, less the amount as paid by saidcity for United States military service credit, if any, forretirement benefits, shall be made in accordance with theprovisions of section one thousand seven hundred fourteen.

(f) Any person who is an employe of any city of the thirdclass, borough or township, and who is a member of a retirementor pension system established by such city of the third class,borough or township, who shall heretofore or hereafter beemployed by a department of health of a county of the secondclass, may have the period of his or her employment in any ofthe aforesaid municipalities credited as a county employe forall purposes under this article, including any credit for UnitedStates military service for which such person of saidmunicipalities has been given credit for retirement benefits.Such person shall, within three years from the date of his orher employment in the county department of health, makeapplication to the board and, upon approval thereof, pay intothe retirement fund the contributions which such person wouldhave been required to pay into the fund had such person been acounty employe from the date of his or her original employmentin any of the aforesaid municipalities. The gross sum shall bepaid into the retirement fund at one time and in one amount or,upon approval of the board, the gross sum shall be paid intwelve or less equal consecutive monthly installments. Fullpayment thereof as well as the gross sum to be paid by any cityof the third class, borough or township or the retirement orpension board of such municipalities shall be a conditionprecedent to the county employe being eligible to receive thebenefits of the retirement allowances. Any city of the thirdclass, borough or township by which such person was formerlyemployed shall pay into the retirement fund an amount equal tothe gross sum as paid into the fund by such former employe ofany of the aforesaid municipalities in accordance with theprovisions of this article. Included in said gross sum to bepaid by such municipalities, shall be an amount in payment forsuch employes' United States military service credit, if any,for retirement benefits, which amount shall be based on thecontribution which such employe would have been required to payinto the retirement fund had he or she been a county employeduring such period.

Any city of the third class, borough or township is herewithauthorized and empowered to make an appropriation out of thefunds of such city of the third class, borough or township topay into the retirement fund the necessary amounts as hereinprovided, or any of the aforesaid municipalities which have an

established retirement or pension system, the retirement orpension board thereof shall certify to the county board, uponrequest, the period of service as set forth in the records ofsuch municipal retirement or pension board, the period ofservice for which credit has been allowed such former municipalemploye, and to transfer to the county retirement fund a sumequal to all contingent and annuity reserves and accumulateddeductions as recorded to the credit of its former employe inits retirement or pension system as determined by the retirementor pension board of such municipality, for the purpose ofestablishing credit in the County Employes' Retirement Systemunder which he or she may receive credit in said system as acounty employe for services previously credited to him or herin the aforesaid municipal retirement or pension system. Uponreceipt of the aforesaid request, the retirement or pensionboard of such municipalities shall make such certification andtransfer of funds to the County Employes' Retirement System asherein provided.

If such county employe leaves the employ of the county beforehe or she shall be eligible to receive the benefits of theretirement allowances, a refund of his or her contributions aspaid into the retirement fund less the amount as paid by suchmunicipalities for United States military service credit, ifany, for retirement benefits, shall be made in accordance withthe provisions of section one thousand seven hundred fourteen.

(g) Any person who is an employe of the Department of Healthof 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 heretoforeor shall hereafter be employed by a Department of Health of acounty of the second class, may have the period of his or herformer State employment credited as a county employe for allpurposes under this article as hereinafter set forth.

Such person shall, upon employment in the county Departmentof Health, make application to the board within three yearsfrom the effective date of this amendment and, upon approvalof said application, pay into the retirement fund thecontributions which such person would have been required to payinto the fund had such person been a county employe from thedate of his or her former employment in the Commonwealth as setforth in the records of the State Employes' Retirement Board.

The county board shall request the State Employes' RetirementBoard to certify to it the period of service for which credithas been allowed, and to transfer to the county retirement funda sum equal to all contingent and State annuity reserves andaccumulated deductions as recorded to the credit of such formeremploye in the State Employes' Retirement Fund as determinedby the State Employes' Retirement Board, for the purpose ofestablishing credit in the County Employes' Retirement Systemunder which he or she may receive credit in said system as acounty employe for services previously credited to him or herin the State Employes' Retirement Association. Upon receipt ofthe aforesaid request, the State Employes' Retirement Boardshall make such certification and transfer of funds to theCounty Employes' Retirement System as herein provided.

If such county employe leaves the employ of the county beforehe or she shall be eligible to receive the benefits of theretirement allowances, a refund of his or her contributions aspaid into the retirement fund shall be made in accordance withthe provisions of section 1714.

(h) (1) Option I. Any county employe hired prior to theeffective date of paragraph (1.1) who has not reached sixty

years of age, and who has to his or her credit a period of atleast the minimum number of years of service specified insubsection (a)(1) of this section but less than twenty yearsof service, shall upon application to the board be eligible toreceive at age sixty years a retirement allowance computed ona service period of twenty years, which shall equalone-twentieth of such amount as he or she may be eligible toreceive in accordance with the provisions of subsection (a) ofsection 1712 for each year's service which such county employemay have to his or her credit during the aforesaid period oftime. The time spent in the employ of the county or countyinstitution district need not necessarily have been continuous.

(1.1) Option I-A. Any county employe hired on or after theeffective date of this paragraph who has not reached sixty yearsof age, and who has to his or her credit a period of at leastthe minimum number of years of service specified in subsection(a)(2) of this section but less than twenty-five years ofservice, shall upon application to the board be eligible toreceive at age sixty years a retirement allowance computed ona service period of twenty-five years, which shall equal onetwenty-fifth of such amount as he or she may be eligible toreceive in accordance with the provisions of subsection (a) ofsection 1712 for each year's service which such county employemay have to his or her credit during the aforesaid period oftime. The time spent in the employ of the county or countyinstitution district need not necessarily have been continuous.

(2) Option II. Any county employe hired prior to theeffective date of paragraph (2.1) who has not reached sixtyyears of age, and who has to his or her credit a period of theminimum 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 receivethereafter, a retirement computed on a service period of twentyyears, which shall equal one-twentieth of such amount as he orshe may be eligible to receive in accordance with the provisionsof subsection (a) of section 1712 for each year's service whichsuch county employe may have to his or her credit during theaforesaid period of time. Further, the above retirementallowance shall be subject to a reduction of one-half of oneper centum for each month under the age of sixty years. In noevent shall a retirement allowance be paid until the age offifty-five years is attained. The time spent in the employ ofthe county or county institution district need not necessarilyhave been continuous. The aforesaid retirement allowance electedunder Option I shall become null and void if said county orcounty institution district employe is reemployed prior to agesixty in accordance with the provisions of subsection (c) ofsection 1712.

(2.1) Option II-A. Any county employe hired on or afterthe effective date of this paragraph who has not reached sixtyyears of age, and who has to his or her credit a period of theminimum number of years of service specified in subsection(a)(2) of this section but less than twenty-five years ofservice, shall upon application to the board be eligible toreceive thereafter, a retirement computed on a service periodof twenty-five years, which shall equal one twenty-fifth ofsuch amount as he or she may be eligible to receive inaccordance with the provisions of subsection (a) of section1712 for each year's service which such county employe may haveto his or her credit during the aforesaid period of time.Further, the above retirement allowance shall be subject to areduction of one-half of one per centum for each month under

the age of sixty years. In no event shall a retirement allowancebe paid until the age of fifty-five years is attained. The timespent in the employ of the county or county institution districtneed not necessarily have been continuous. The aforesaidretirement allowance elected under Option I-A shall become nulland void if said county or county institution district employeis reemployed prior to age sixty in accordance with theprovisions 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 theUnited States subsequent to September 1, 1940, or who becomemembers of the retirement fund on or after the effective dateof this act shall be entitled to have full military servicecredit for each of the most recent years of military serviceor fraction thereof, not to exceed three full years of suchservice; provided, they have a retirement credit of the minimumnumber of years specified in subsection (a) of this section ormore. The formula to be followed for payment to the fund shallbe in an amount equal to the maximum rate of contribution hadthey been members of the fund plus an additional amount as theequivalent of the county matching appropriation, plus interest,if applicable, at the rate of six per centum per year from thedate of each year of credited military service to date ofrepayment or by applying the employe's basic contribution rateplus the county's normal contribution rate for active membersat the time of entry, subsequent to such military service, ofthe employe into county service to his average annual rate ofcompensation over the first three years of such subsequentcounty service and multiplying the result by the number of yearsand fractional part of a year of creditable noninterveningmilitary service being purchased, together with interest, ifapplicable, during all periods of subsequent county service todate of purchase. Should it be determined by the retirementboard that verifiable compensation data is not available itshall have the discretion to determine which formula shall beused: Provided, That said member is not entitled to receive,eligible to receive now or in the future, or is receivingretirement benefits for such service under a retirement systemadministered and wholly or partially paid for by any othergovernmental agency or private industry. Both principal andinterest, if applicable, shall be consolidated into one amountand paid. Full payment thereof shall be a condition precedentto receive the benefits of the retirement allowance. If themember pays the entire principal back within the three-yearperiod immediately following attainment of the minimum numberof years of service credit specified in subsection (a) of thissection or within three years from the date this amendatory acttakes effect for those who already have the minimum numbers ofyears of service credit specified in subsection (a) of thissection, no interest will be charged. Otherwise, interest willbe charged at the rate of six per centum per year from the dateof each year of credited military service to date of repayment.Only those employes who are active members of the retirementfund on or after the effective date of this amendatory act shallbe 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 createdby the county on or after June 10, 1968, pursuant to the actof May 2, 1945 (P.L.382, No.164), known as the "MunicipalityAuthorities Act of 1945," for the purpose of assisting andencouraging local municipalities to undertake vital and

necessary capital improvement projects that could not befinanced or constructed with county assistance and whosubsequently became an employe of the county may have the periodof his employment with such authority credited as a countyemploye. The person shall make application to the board withinthree years of the effective date of this subsection and, uponapproval of the application, shall pay into the retirement fundthe amount which he would have been required to pay into thefund if he had been a county employe from the date of hisoriginal employment with the authority. The county shall payinto the retirement fund an amount equal to the amount paid inby the employe in accordance with the provisions of thisarticle.

(2) Any person who was employed by an authority created bythe county on or after February 14, 1950, pursuant to the actof May 24, 1945 (P.L.991, No.385), known as the "UrbanRedevelopment Law," who participated in the Allegheny CountyRedevelopment Authority (ACRA) retirement plan and whosubsequently became an employe of the county on or beforeJanuary 1, 2001, may have the period of his employment withsuch authority credited as a county employe to reflect theemploye's transfer of a governmental function, provided theperson is not entitled to receive, eligible to receive now orin the future or currently receiving retirement benefits forsuch service under a retirement system administered and whollyor partially paid for by any other governmental agency or byany private employer. The person shall be required to transferto the retirement fund an amount equal to the greater of theamount the person received from the ACRA plan plus interest atsix per centum per annum from the date of the distribution fromthe ACRA plan to date of payment or an amount equal to the sums,both employe and county contributions, that would have beenpaid into the retirement fund had the person always been amember of the retirement fund plus interest at six per centumper annum from the date the sums would have been made to theretirement fund to date of payment. Upon written notificationof the amount from the board, the person would be given a yearto make the contribution. Interest from the date of notificationto 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 serviceemployment whose employment with the county is funded in wholeor in part by the Federal "Comprehensive Employment and TrainingAct," as amended, shall not be or become a member of theemployes' retirement system as established and maintained underArticle XVII of this act unless provisions are approved andimplemented by the retirement board, in accordance withregulations adopted pursuant to the "Comprehensive Employmentand Training Act," as amended, whereby all employer costs ofproviding for membership or service credits in the retirementsystem attributable to CETA participation are payable from fundsprovided 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 countyemploye, except persons who are employed in accordance with theprovisions of subsection (c) of this section and persons whoare reemployed in accordance with the provisions of subsection(b) of section 1715, who has been in employ for a period of notless than twelve years, upon application to the board, may

receive a retirement allowance plus a service increment, ifany, in accordance with the provisions of section 1712, if heor she becomes mentally incapacitated or totally and permanentlydisabled physically, even though such county employe has notreached the age of sixty years, provided that proof of suchmental incapacity or total and permanent physical disabilityshall be by the unanimous opinion and sworn statements of threepracticing physicians of the county designated by the board.Application in behalf of a mentally incapacitated county employefor a retirement allowance plus a service increment, if any,shall be made by a duly appointed guardian who shall be entitledto receive such retirement allowance plus a service increment,if any, to which the mentally incapacitated county employe maybe eligible to receive. ((a) amended June 29, 1976, P.L.461,No.116)

(b) Once each year, the board may require any former countyemploye, who is receiving a retirement allowance plus a serviceincrement if any by reason of such mental incapacity or totaland permanent physical disability, to undergo a medicalexamination by a physician or physicians designated by theboard. Should such physician or physicians thereupon report andcertify to the board that such former county employe is nolonger mentally incapacitated or totally and permanentlyphysically disabled, or that such former county employe is ableto engage in a gainful occupation, and should the board concurin such report, then the amount of the retirement allowanceplus a service increment if any, shall be reduced ordiscontinued, as the board may determine.

(c) No person entering the employ of the county or countyinstitution district as a county employe after the first dayof August, one thousand nine hundred fifty-three, who hasattained the age of fifty-five or more years at the time ofsuch employment, shall be eligible to receive a retirementallowance by reason of total and permanent physical disabilityas 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 thisarticle shall equal fifty per centum of the amount which wouldconstitute the average monthly compensation as received by thecounty employe during the highest twenty-four months of thelast four (4) years of his employment or two years on abi-weekly pay basis in which period of time the said countyemploye made monthly or bi-weekly contributions into theretirement fund prior to his or her retirement.

(2) For employes hired after the effective date of thisparagraph, the retirement allowance paid under the provisionsof this article shall be equal to fifty per centum of the amountwhich would constitute the average monthly compensation asreceived by the county employe during the highest forty-eightmonths of the last eight (8) years of his employment or four(4) years on a bi-weekly pay basis in which period of time thecounty employe made monthly or bi-weekly contributions into theretirement fund prior to his or her retirement.

(3) Such average monthly compensation shall include thecompensation which any county employe would have been entitledto and would have received except for deduction fromcompensation due to time spent in serving as an elected Stateofficial: Provided, That the county and the employe shall makemonthly contributions based on the last compensation equal tothe 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 employmenttermination, shall have less than a full year of service forthe purpose of computing the employe's service time, then theamount of the retirement allowance, which would have beencomputed had the employe completed a full twelve-month periodfor the year of the termination of employment, shall be proratedupon a full completed month basis for said last year of service.No retirement allowance shall be computed on a monthlycompensation in excess of four thousand three hundredthirty-three dollars and thirty-three cents ($4,333.33)(referred to in this subsection as "excess compensation") unlessthe employe and the county have made contributions on all excesscompensation received by the employe during the five-year periodpreceding the employe's retirement: Provided, That the requiredcontribution is paid into the retirement system within ninety(90) days of the date of retirement. An employe who retireswithin five (5) years of the effective date of the compensationcap removal may elect to satisfy the contribution requirementby making a lump sum contribution that is calculated by applyingthe applicable contribution percentage rate to all excesscompensation received by the employe during the prior five-yearperiod on which contributions were not made. Within ninety (90)days of such contribution by an employe, contributions shallalso be made by the county in an amount equal to the amountcontributed by the employe. The effective date of the capremoval is December 31, 1999.

(4) After the effective date of this amendment, certainformer county employes who are now receiving a retirementallowance shall receive an increase of a certain per centum ofsuch retirement allowance, which sum shall be computed on theaverage monthly retirement allowance as heretofore authorizedby the board.

(5) The per centum of increase in said monthly retirementallowance shall be a flat 10 per centum increase with themaximum amount not to exceed forty-five dollars ($45.00) permonth.

(6) Any employe who earns in excess of ten thousand eighthundred dollars ($10,800) per annum and shall retire during theperiod from January 1, 1973 to December 31, 1981 shall pay, asa condition to the payment of any benefits hereunder a lump sumcontribution into the retirement fund, which contribution shallbe computed as follows:

(i) The difference between ten thousand eight hundreddollars ($10,800) and the annual salary of the employemultiplied by the number of years during which he was not anemploye of the county for the period aforesaid and upon thatamount the sum of two per centum which shall be the lump sumcontribution as required herein.

(ii) No person who is reemployed as a county employe shallbe eligible to receive the benefit of a retirement allowanceplus a service increment, if any, until he or she shall havemade at least twenty-four monthly or fifty-two bi-weeklycontributions into the retirement fund subsequent to his or herreemployment. The foregoing provisions shall not have aretroactive application and shall apply only to present andfuture county employes. The rate required to be paid inaccordance with this provision shall apply to present countyemployes notwithstanding the rate of contribution that thepresent 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 whichis authorized by this article and notwithstanding thelimitations therein placed upon retirement allowances, anycounty employe hired prior to the effective date of paragraph(2) who upon retirement shall be eligible to receive paymentof a retirement allowance and who has been employed as such fortwenty or more years during which period of time he or she shallhave made monthly contributions into the retirement fund, shallalso be eligible to the payment in addition to a retirementallowance a service increment of two per centum per yearcomputed upon the annual retirement allowance to which he orshe is entitled. Said service increment shall be the sumobtained by computing the number of full years, and any portionof a year, in excess of twenty years during which period oftime he or she shall have made monthly or bi-weeklycontributions into the retirement fund. No service incrementshall be paid for more than twenty (20) such excess serviceyears. Effective as of January 1, 1989, in the event an employe,on the effective date of employment termination, shall haveless than a full year of service for the purpose of computingthe employe's service increment, then the amount of the serviceincrement which would have been computed had the employecompleted a full twelve-month period for the year of thetermination of employment shall be prorated upon a fullcompleted month basis for said last year of service increment.

(2) In addition to the retirement allowance which isauthorized by this article and notwithstanding the limitationstherein placed upon retirement allowances, any county employehired on or after the effective date of this paragraph who uponretirement shall be eligible to receive payment of a retirementallowance and who has been employed as such for twenty-five ormore years during which period of time he or she shall havemade monthly or bi-weekly contributions into the retirementfund shall also be eligible to the payment, in addition to aretirement allowance, of a service increment of two per centumper year computed upon the annual retirement allowance to whichhe or she is entitled. Said service increment shall be the sumobtained by computing the number of full years, and any portionof a year, in excess of twenty-five years during which periodof time he or she shall have made monthly or bi-weeklycontributions into the retirement fund. No service incrementshall be paid for more than twenty (20) such excess serviceyears. In the event an employe, on the effective date ofemployment termination, shall have less than a full year ofservice for the purpose of computing the employe's serviceincrement, then the amount of the service increment which wouldhave been computed had the employe completed a full twelve-monthperiod for the year of the termination of employment shall beprorated upon a full completed month basis for said last yearof 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 periodof such reemployment his or her retirement allowance plus aservice increment, if any, shall cease until subsequentretirement. The subsequent retirement allowance and serviceincrement, if any, in the case of persons reemployed prior tothe first day of June, one thousand nine hundred fifty-three,and retiring at any time after the first day of August, onethousand nine hundred fifty-three, shall be at the rate he orshe 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 subsequentretirement allowance, plus a service increment, if any, shallbe the same as he or she received prior to his or herreemployment. All present and future reemployed retired employesshall have the option to make bi-weekly contributions to thefund to qualify for an increased retirement allowance uponsubsequent retirement: Provided, That he or she make retirementcontributions to the fund with interest at the legal rate, forsaid period of time when no contributions were made from theearnings of said employe during the period of such reemployment.Upon subsequent retirement, the reemployed service credit, whichshall equal one-twentieth for each full year's service, shallbe added to the previous retirement allowance and in one amount,be paid monthly to the reemployed retiree. In no event shallincrements 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 shallhereafter retire shall be decreased or revoked during the lifeof any such person, except as the board may decide in accordancewith the provisions of subsection (b) of section 1711, as wellas a suspension thereof in accordance with the provisions ofsubsection (c) of this section. ((d) amended June 29, 1976,P.L.461, No.116)

(e) Any present or future married county employe coveredunder the provisions of this article may receive retirementbenefits in accordance with the provisions of this section towhich such county employe may be entitled or he or she may electat anytime before retirement, to receive in lieu thereofbenefits under the option as hereinafter set forth.

The option shall consist of retirement benefits in accordancewith the provisions of subsection (a) of this section butreduced at age fifty-five, or on commencement of retirementbenefits if later, by ten per centum plus one per centum foreach full year in excess of five years by which the spouse isyounger than the married county employe, with a maximumreduction to seventy per centum of such retirement benefits,and minus one-half of one per centum for each year by which thespouse is older, with a maximum increase to ninety-five percentum of such retirement benefits. The reduced amount of suchretirement benefits shall commence at the time of retirement,but not before age fifty-five, and shall be paid to the employesubject 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 finalon attainment of age fifty or on later election prior toretirement, and no further election shall be permitted:Provided, That the election shall automatically be cancelledif the county employe shall either be divorced or if his or herspouse shall die, in each case before retirement benefits underthe option shall commence. In the event the designated spouseshall predecease, or if a legal separation occurs, while onretirement, the reduced retirement option benefit shall bereinstated to the full amount had there been no optionexercised. Said reinstated amount to commence immediately uponthe death of the spouse so designated or upon satisfactory proofof legal separation.

(2) All employes hired prior to the effective date ofparagraph (3) may elect to provide survivorship option benefits

for a spouse in the following classifications if the followingconditions are satisfied:

Class I. The deceased employe shall have attained the ageof fifty years and had completed between the minimum number ofyears of service specified in subsection (a) of section 1710and nineteen years of service and dies before reaching the ageof fifty-five years. The reduced retirement option benefit tocommence to the survivor at the time the deceased employe wouldhave attained the age of fifty-five years. Said benefits to bepaid in accordance with the provisions set forth undersubsection (d), Option II, of section 1713.

Class II. All employes hired prior to the effective dateof paragraph (3), who after completion of twenty or more yearsof service and shall die before reaching the age of fifty years,his or her spouse shall be eligible to receive the reducedretirement option immediately, in accordance with the provisionsset forth under subsection (d), Option II of section 1713.

(3) All employes hired on or after the effective date ofthis paragraph may elect to provide survivorship option benefitsfor a spouse in the following classifications if the followingconditions are satisfied:

Class I-A. The deceased employe shall have attained the ageof fifty years and had completed between the minimum number ofyears of service specified in subsection (a) of section 1710and twenty-four years of service and dies before reaching theage of fifty-five years. The reduced retirement option benefitto commence to the survivor at the time the deceased employewould have attained the age of fifty-five years. Said benefitsto be paid in accordance with the provisions set forth undersubsection (d), Option II of section 1713.

Class II-A. All employes hired on or after the effectivedate of this paragraph, who after completion of twenty-five ormore years of service and shall die before reaching the age offifty years, his or her spouse shall be eligible to receive thereduced retirement option immediately, in accordance with theprovisions set forth under subsection (d), Option II of section1713.

((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 sectioninsofar as the aforesaid sections are applicable.

(h) Survivorship benefits at age fifty-five shall bedetermined according to the following table:Maximum 95%Spouse Years Older

Minimum 70% or $75.00Spouse 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 paidto the surviving spouse on the death of the retired employe.

(i) (1) Any county employe hired prior to the effectivedate of paragraph (2) retiring under disability retirementbenefits shall qualify for survivorship option benefits if heor she shall have reached the age of fifty-five years and havingtwenty or more years of service credit will be eligible forsame benefits had he retired under the normal retirementprovided for in this act. Any county employe retiring underdisability retirement and having twelve years but less thantwenty years of service credit, upon reaching age fifty-fivewill be eligible for survivorship option benefits and his orher spouse shall receive the maximum amount of seventy-fivedollars ($75.00) per month upon his or her death under theoption benefit clause as set forth under subsection (e) of thissection.

(2) Any county employe hired on or after the effective dateof this paragraph retiring under disability retirement benefitsshall qualify for survivorship option benefits if he or sheshall have reached the age of fifty-five years and havingtwenty-five or more years of service credit will be eligiblefor same benefits had he or she retired under the normalretirement provided for in this act. Any county employe retiringunder disability retirement and having twelve years but lessthan twenty-five years of service credit, upon reaching agefifty-five will be eligible for survivorship option benefitsand his or her spouse shall receive the maximum amount ofseventy-five dollars ($75.00) per month upon his or her deathunder 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, whichamended section 1712, provided that the amendment ofsection 1712 shall be retroactive to January 1, 2000.

Section 1713. Retirement Allowances After LeavingService.--(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 officeposition or employment before reaching the age of sixty yearswhen he or she attains the age of sixty years, when such formercounty employe shall be eligible to receive a retirementallowance which shall be computed on the average monthlycompensation as received by the former county employe prior tohis or her separation from the service of the county or countyinstitution district in accordance with the provisions ofsubsection (a) of section 1712. Such former county employe shallbe eligible to receive, in addition to a retirement allowance,a service increment, if any, in accordance with the provisionsof subsection (b) of section 1712 only to the time of his orher separation from the service of the county or countyinstitution district.

Option II. Employe may elect to receive immediate retirementallowance benefits under the age of sixty years provided thatsaid retirement allowance be reduced by one-half of one percentum for each month under the age of sixty years. Option Ior Option II election shall be final upon separation of his orher service from the county.

Option III. Any employe under sixty years of age who hasserved twenty years or more and who was dismissed through nofault of his own may elect to receive immediate retirementallowance benefits plus a service increment, if any, equal toseventy per centum of the benefits he would be entitled toreceive had he continued to be employed until age sixty. Theservice 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 thissection, shall be subject to a suspension thereof in accordancewith the provisions of subsection (c) of section 1712. ((e)amended June 29, 1976, P.L.461, No.116)

Section 1714. Separation from Service; Refund ofContribution.--(a) Any person contributing monthly or bi-weeklyinto the retirement fund who shall, for any cause, cease to bea county employe before he or she shall be eligible to receivethe benefits of the retirement allowances, the total amount ofthe contributions paid into the retirement fund by such countyemploye shall be refunded to him or her by the board, or, inthe event of the death of any such county employe, the amountof said contributions shall be paid to such person or personsas he or she shall have designated in writing, as filed withthe board, as his or her beneficiary, or to his or her estate.If no person or persons have been designated as his or herbeneficiary, or no notice has been filed with the board to paythe amount of such contributions to his or her estate, as hereinprovided, then the board is herewith authorized to pay suchcontributions to the executor, administrator, surviving spouse,or next of kin of the deceased county employe. In the event thesurviving spouse or next of kin of the decedent cannot be foundfor the purpose of making distribution of such contributionsfor a period of seven years from the death of the said countyemploye, then the aforesaid contributions shall be escheatedto the Commonwealth for the benefit of the retirement system.In addition thereto, simple interest shall be paid at a monthlyrate of interest that is equivalent to one-twelfth of the annualrate of interest specified herein on contributions of the membermade under subsection (a) of section 1708 calculated from thebeginning of the month of the deposit, or withholding, orpayment into the fund of those contributions through the end

of the month of refund; and such interest credited to thecontributions of the member made under subsection (a) of section1708 in a prior calendar year shall receive simple interest atthe monthly rate of interest that is equivalent to one-twelfthof the annual rate of interest specified herein through the endof the month of refund. The annual rate of interest shall befixed by the board. Such contributions and interest shall bepaid to a county employe provided he was employed for a periodof two consecutive years or more and has made twenty-fourmonthly contributions to the fund and is not eligible to receivethe benefits of a retirement allowance. Notwithstanding theprovisions of this subsection, a member who has ceased to makecontributions to the fund by payroll deduction shall thereafterbe credited with interest only for a period of years equal tohis years of current service under this amendment. Any personwho has heretofore or who shall hereafter cease to be a countyemploye, shall thereafter cease to be a member of the retirementsystem, except such former county employe who may be eligibleto receive the benefits of a retirement allowance plus a serviceincrement if any in accordance with the provisions of sections1710 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 diebefore he or she shall have received the total retirementallowance payments plus the service increment, if any, includingpayments of a survivor's benefit allowance, if any, equal tothe total amount of contributions as made by such former countyemploye into the retirement fund, then the difference betweenthe total of the retirement allowance payments plus the serviceincrement, if any, including payments of a survivor's benefitallowance, if any, and the total of the amount of contributionspaid into the retirement fund by such former county employeshall be paid to such person or persons as he or she shall havedesignated in writing, as filed with the board, as his or herbeneficiary, or to his or her estate. ((b) amended Nov. 30,1967, P.L.653, No.301)

Section 1715. Reinstatement and Requirements for Credit forPrevious Service.--(a) No county employe shall be permittedto withdraw his or her contributions as paid into the retirementfund upon transfer from one office, department or agency toanother. Any person who has ceased to be a county employe andwhose contributions as paid into the retirement fund, have beenrefunded by the board, if such person has been reemployed bythe county or county institution district and desires to begiven credit for previous service as a county employe, he orshe shall make payment in full of the amount refunded, withinterest at the legal rate, the said interest to be computedfrom the date of the refund to the date of repayment. Bothprincipal and interest shall be paid into the retirement fundat one time and in one amount, or, upon approval of the board,both principal and interest shall be consolidated into oneamount and paid in twenty-four or less equal monthlyinstallments, plus interest payment on monthly balances. Uponapplication to the board, an employe shall be permitted to paythe principal and interest in thirty-six or less equal monthlyinstallments, plus interest payment on monthly balances. Fullpayment thereof shall be a condition precedent to the countyemploye being eligible to receive the benefits of the retirementallowance plus a service increment, if any. Such county employeshall make monthly payments into the retirement fund inaccordance with the provisions of section 1708.

If any person who hereafter becomes a county employe andthereafter ceases to be a county employe and his or hercontributions as paid into the retirement fund are refunded bythe board, is reemployed by the county or county institutiondistrict and he or she desires to be given credit for previousservice as a county employe, he or she shall make payment infull of the amount refunded, with interest at the legal rate,the said interest to be computed from the date of refund to thedate of repayment. Both principal and interest shall be paidinto the retirement fund at one time and in one amount, or,upon approval of the board both principal and interest shallbe consolidated into one amount and paid in twenty-four or lessequal monthly installments, plus interest payments on monthlybalances. Whenever the time for payment in full has beenextended for an additional period of one year the principal andinterest may be paid in a total of not more than thirty-sixequal monthly installments. Full payment thereof shall be acondition precedent to the county employe being eligible toreceive the benefits of the retirement allowance plus a serviceincrement, if any. Such county employe shall make monthlypayments into the retirement fund in accordance with theprovisions of section 1708. Any person who is a county employeon the effective date of this act may make payments into theretirement fund which shall cover a period of time within whichsuch person was a county employe but was not a member of theretirement 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 theretirement fund, have heretofore or shall hereafter be refundedby the board, if such person is reemployed by the county orcounty institution district and desires to be given credit forprevious service as a county employe, he or she shall makepayment in full of the amount refunded, with interest at thelegal rate, the said interest to be computed from the date ofthe refund to the date of repayment. Both principal and interestshall be paid into the retirement fund at one time and in oneamount. Upon application to the board, an employe shall bepermitted to pay the principal and interest in thirty-six orless equal monthly installments, plus interest payment onmonthly balances. Full payment thereof shall be a conditionprecedent to the county employe being eligible to receive thebenefits of the retirement allowance plus a service increment,if any. Such county employe shall make monthly payments intothe retirement fund in accordance with the provisions of section1708. No person reemployed as a county employe in accordancewith the provisions of this subsection shall be eligible toreceive a retirement allowance by reason of total and permanentphysical disability, in accordance with the provisions ofsection 1711, unless he or she shall be in employ for a periodof not less than twenty years, which said period of employmentshall include credit given for previous service, as hereinprovided. No person who is ineligible to become a member of theretirement system shall be eligible to receive credit forprevious 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 forprevious service in the employ of the county as an elected orappointed employe or official, where such service subsequentto the first day of January, one thousand nine hundred forty,was rendered to the county at a time when such employe orofficial was not a member of the county employes' retirement

system, including a period of probation served immediately afterinitial hiring, shall make application to the board, and uponapproval thereof shall pay into the retirement fund a sum equalto twice the payment which such employe would have made hadsuch person been a member thereof and had the payments beenmade in accordance with the provision of this article. Inaddition thereto, interest at the legal rate shall be paid fromthe date when the said monthly payment would have been made.Both principal and interest shall be paid into the retirementfund at one time and in one amount, or, upon approval of theboard, both principal and interest shall be consolidated intoone amount and paid in twenty-four or less equal monthlyinstallments, plus interest payment on monthly balances. Fullpayment thereof shall be a condition precedent to the countyemploye being eligible to receive the benefits of the retirementallowances. Such county employe shall make monthly paymentsinto the retirement fund in accordance with the provisions ofsection 1708. ((c) amended May 16, 1996, P.L.210, No.39)

(d) Any person employed by any county correctionalinstitution at the date such person became eligible formembership in the county employes' retirement system, whodesires to be given credit for previous service in the employof such institution when such employe was not eligible formembership, shall make application to the board, and uponapproval thereof shall pay into the retirement fund a sum equalto twice the payment which such employe would have made hadsuch person been a member thereof and had the payments beenmade in accordance with the provisions of this article. Inaddition thereto, interest at the legal rate shall be paid fromthe date when the said monthly payment would have been made.Both principal and interest shall be paid into the retirementfund at one time and in one amount, or upon approval of theboard, both principal and interest shall be consolidated intoone amount and paid in twenty-four or less equal monthlyinstallments, plus interest payment on monthly balances. Fullpayment thereof shall be a condition precedent to the countyemploye being eligible to receive the benefits of the retirementallowances. Such county employe shall make monthly payment intothe retirement fund in accordance with the provisions of section1708.

(1715 amended Dec. 14, 1989, P.L.631, No.75)Section 1716. Contribution or Retirement Allowance Not

Subject to Levy, Attachment or Assignment; Suspension ofRetirement Allowances; Ineligibility.--No contribution,retirement allowance or service increment shall be subject tolevy, sale, execution, attachment, garnishment, or any otherprocess whatsoever, and shall not be subject to assignment ortransfer. Said retirement allowance and service increment shallbe exempt from any State tax or tax of any politicalsubdivision.

(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 XVIIIFees of Salaried County Officers; Salary Board

(a) Fees of County Officers

Section 1801. Fees of Salaried County Officers to Belongto County.--All fees limited and appointed by law to be receivedby any county officer, either elected or appointed, or which

they shall legally be authorized, required or entitled to chargeor receive, shall belong to the county. Each of the saidofficers shall exact, collect and receive all such fees to andfor the use of the county, except such taxes and fees as arelevied by the Commonwealth, which shall be to and for the useof the Commonwealth. None of said officers shall receive forhis own use or for any use or purpose whatever, except for theuse of the proper county or for the Commonwealth, as the casemay be, any fees for any official services whatsoever.

Section 1801.1. Clerk of Courts Fees.--(a) The fees to becharged and collected by the clerk of courts in counties of thesecond class shall be as follows:

(1) A fee of not less than fifty dollars ($50) nor morethan one hundred fifty dollars ($150) for all proceedings inall misdemeanor and felony cases disposed of at any time duringor after trial, including the expunging of any record.

(2) A fee of not less than thirty dollars ($30) nor morethan one hundred twenty-five dollars ($125) for all proceedingsin 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) shallbe set by the clerk of courts.

(4) A fee of twenty-five dollars ($25) for all proceedingsin 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 clerkexcept that no fee shall be charged for filing township andborough audit reports or transcripts received which indicate afinal disposition by the district justice.

(7) A fee of forty dollars ($40) for the filing of an appealfrom a summary conviction before a district justice.

(8) A fee of forty-five dollars ($45) for an appeal fromthe court of common pleas to an appellate court.

(9) A fee of five cents (5¢) per dollar for the first onethousand dollars ($1,000) and two cents (2¢) per dollar foreach additional one thousand dollars ($1,000) or fractionthereof for the handling of money paid into court.

(b) In counties of the second class, the clerk of courtsmay establish, modify or eliminate fees and charges, includingthe fees set forth in subsection (a). The approval of thepresident judge is required for the establishment of any newfees or charges or for fees which would exceed the maximum feesset forth in subsection (a). The clerk of courts shall collectsuch fees and charges and may establish, with the approval ofthe president judge, the manner in which such fees and chargesshall be collected.

(c) An amount not to exceed ten per centum of the fees andcharges collected by the clerk of courts under this sectionmay, at the discretion of the clerk of courts, be depositedinto a special clerk of courts computer fund established ineach county of the second class. In the alternative, the clerkof courts may, with the approval of the president judge, imposeand collect a surcharge on some or all of the fees and chargescollected under this section; and the surcharge collected shallbe deposited into the special clerk of courts computer fund.Moneys in the special fund shall be used solely for the purposeof 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 providedthat any and all references in any other law to a

"district justice" or "justice of the peace" shall bedeemed to be references to a magisterial district judge.

Section 1802. Books of Account to be Kept; Fees to be Paidto County Treasurer Monthly.--(a) Each of said officers shallkeep a special account book, the form of which shall beprescribed by the controller, in which entry shall be made ofall the moneys received for fees and of all moneys earned andchargeable upon the county, specifying the day and date, thetitle of the case, if any, for what service, and from whomreceived.

(b) On the first Monday of each month, each of said officersshall pay to the treasurer of the county all fees so receivedduring the preceding month. Duplicate receipts therefor shallbe taken, one of which he shall deposit with the countycontroller, together with a transcript, in detail, of his feeaccount book or books for the preceding month. He shall makeoath or affirmation before the county controller that thetranscript contains a true and correct list of all the feesreceived, earned or chargeable upon the county for servicesrendered in his office, either by himself, deputies or clerks,during the preceding month that said fees were severally chargedand collected at regular rates, and that he has not receivedand is not to receive from any person or persons whatsoever,for any official services or duty, any other fees than thoseso entered on said transcript.

(c) It shall be the duty of the county controller to receivesuch returns and thereafter to audit and verify the same andto do such other matters and things as may be required in thepremises, to file said receipt and transcript in the office,and to charge the county treasurer with the money for fees sopaid in.

(d) Where fees are paid to one office which are for servicesrendered or to be rendered by another, the officer receivingthe same shall specify the same on his account book and on histranscript as of the office to which they properly belong.

Section 1803. Penalty for Receiving Gratuities orPercentages.--If any of the officers included in thissubdivision shall receive or stipulate to receive from anydeputy or clerk or from any person or persons awarded anycontract for advertising or any other contract any sum or sumsof money as percentage on the salaries of said deputy or clerkor on the amounts or profits of said contract, or any sum orsums of money whatsoever as compensation for making any of thesaid appointments or contracts, or shall neglect to render theaccounts or to pay over the money received for fees as requiredby this subdivision, or shall wilfully neglect to make anyproper entry in the book or books required to be kept, or shallwilfully neglect to charge for any official services the feesallowed by law, or shall take to his own use any such fees, orfail to comply with any of the provisions of this subdivision,or neglect to discharge any of the duties herein imposed, thesame shall be deemed a misdemeanor in office, and, in additionto the other penalties for such offenses, he shall, uponconviction thereof, refund the said sum or sums of money thusunlawfully received, and shall be deemed incapable of holdinglonger the said office.

Section 1804. False Swearing to County Accounts, Bills orTranscripts.--Any officer included in this subdivision or anyother person who shall wilfully swear or affirm falsely as tothe accuracy of any account, transcript or bill required inthis subdivision, or in making any affidavit in referencethereto, shall be deemed guilty of perjury, and, upon conviction

thereof, shall be liable to the punishment prescribed by lawfor perjury; and any person who shall procure any other personto swear or affirm falsely in verifying any such account,transcript or bill, or in making any affidavit in referencethereto, shall be deemed guilty of subornation of perjury, and,upon conviction thereof, shall be liable to the punishmentprescribed by law for that offense.

Section 1805. Officers Subject to This Subdivision to bePaid Salaries.--All county officers to which this subdivisionapplies, whether elected by the people or appointed accordingto law, and their several deputies and clerks, shall be paidfor their services by fixed and specific salaries, which shallbe a charge upon the treasury of the county to which each shallrespectively belong, to the extent, except as hereinafterprovided, of the fees collected and paid in by each officerrespectively, or earned, where fees are chargeable upon thecounty treasury, and said salaries shall be paid semi-monthlyor bi-weekly during the month in which the services wererendered, at the discretion of the county commissioners. Nowarrant shall be drawn for the payment of any of said officer,his deputies or clerks who shall not have filed the receipt andtranscript for that month provided for in this subdivision.

Section 1806. Salaries Payable from Fees.--All salariesfixed by law, except as may be otherwise provided for herein,shall be paid from the amounts paid into the county treasuryfrom the respective offices, after ascertaining and deductingthe amount due the deputies and clerks in each office. If therehas not been a sum sufficient, from fees received and paid inor earned and due by the county for services rendered, to paythe full amount of the salary of any officer holding any ofsaid offices, after deducting the amount due the deputies andclerks, such officer shall receive only such proportion of hissalary as shall be equal to the aggregate of the net feesreceived and earned by him, as aforesaid, during his term ofoffice during such month. If the fees in any subsequent monthor months shall exceed the amount of the expense and salaryaforesaid for such month, the deficit of such salary for suchpreceding month shall be made up from such excess.

Compiler's Note: Section 26 of Act 142 of 1976 providedthat section 1806 is repealed insofar as it relates toany county office or officer any of the fees and chargesof which are established by the governing authority ofthe 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 FeesDue the Commonwealth.--(a) At the same time that monthlyreturns are made, as required by section 1802 of this act, ofthe fees received by said officers to and for the use of theproper county for the preceding month, each of said officersshall make a separate return, to the Department of Revenue, ofall taxes or fees collected or earned for the Commonwealth byhim, if any. The amounts so returned by any of said officers,as received by him for the Commonwealth, shall be separatelypaid by him into the State Treasury through the Department ofRevenue, quarterly, on the first Mondays of April, July, Octoberand January, for which he shall take duplicate receipts.

(b) All commissions on the collection of any such taxes andfees for the Commonwealth shall be deemed and taken as part ofthe regular fees of the officer collecting the same and shallbe accounted for accordingly.

Section 1808. Payment of Certain Officers.--The countysolicitor, county jailor, county commissioners, county

controller, county engineer, county detectives, countytreasurer, interpreter of courts, district attorney and hisassistants shall severally be paid bi-weekly, semi-monthly,monthly, or quarterly, at the discretion of the countycommissioners. They shall be paid the full amount allowed themby law, but all fees and emoluments whatsoever that may accrueto any of them by virtue of his office shall be paid by him tothe county treasurer as directed by law, and all other officersshall be paid the amounts assigned them only when the netreceipts of their respective offices shall reach the amountsrespectively 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 expressprovision of this act, the salaries fixed and provided by lawfor county officers shall be in lieu of all or any moneys, fees,perquisites, or mileage expenses, and other allowances receivedor allowed to any such officer, and all such moneys, fees,perquisites, or mileage expenses, and other allowances, notgoverned by the aforesaid exceptions, shall belong to the countyand shall be paid into the county treasury, except whererequired to be paid to the Commonwealth in the manner providedby this subdivision for fees.

Section 1810. Salaries of County Officers.--The annualsalaries 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 countycommissioners, twenty-two thousand two hundred dollars($22,200), each.

Two elective jury commissioners, in counties of the secondclass, thirteen thousand two hundred dollars ($13,200), andjury commissioners in counties of the second class A, sixthousand 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 andcompensation of county officers shall be as now or hereafterfixed by law. The salaries and compensation of all appointedofficers and employes who are paid from the county treasuryshall be fixed by the salary board created by this act for suchpurposes.

Section 1820.1. Insurance and Other Employe Benefits.--Inaddition to any other authorized compensation, county

commissioners and other county officers and their dependentsshall be eligible for inclusion in group life, health,hospitalization, medical service and accident insurance plansor 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 thecounty.

(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 officefor their own use or for the use of the county, as provided bylaw, and where required by law, such fees, mileage andemoluments shall be paid to the county treasurer as and whenrequired, and if no time of so paying be fixed as to any suchfees, mileage or emoluments, then on or before the tenth dayof each month.

Section 1822. Salary Boards Created.--There is herebycreated in the county a salary board, which shall consist ofthe three individual members of the board of countycommissioners and the county controller. The chairman of theboard of county commissioners shall be chairman of the salaryboard and the county controller secretary thereof. The boardshall meet and organize on the first Monday of January of eachyear.

Section 1823. Number and Compensation of Officers, Deputies,Assistants, Clerks and Employes.--The board, subject tolimitations imposed by law, shall fix the compensation of allappointed county officers, and the number and compensation ofall deputies, assistants, clerks and other persons whosecompensation is paid out of the county treasury, and of allcourt criers, tipstaves and other court employes, and of allofficers, clerks, stenographers and employes appointed by thejudges of any court and who are paid from the county treasury.

Section 1824. Revisions of Salary Schedules.--At each annualmeeting, the board shall revise the salary schedule so far asit shall deem such action necessary. From time to time betweenannual meetings, whenever required by any judge, county officeror executive head of any separate board, commission or division,the number or compensation of whose deputies, assistants, clerksand employes is sought to be fixed, the board shall meet andconsider and shall fix and determine the same. All salariesfixed under the provisions of this act shall be paid out of thecounty treasury.

Section 1825. Procedure and Action of Board.--(a) Exceptas herein otherwise provided, whenever the board shall considerthe number or salaries of the deputies or other employes of anycounty officer or agency, such officer or the executive headof such agency shall sit as a member of the board, as long asany matter affecting his office or agency is under considerationand no longer.

(b) Whenever the board shall consider the number or salariesof the court criers or tipstaves or other court employes, thepresident judge of the court shall sit as a member of the board,as long as any matter affecting the court criers, tipstaves oremployes of his court is under consideration and no longer.

(c) Whenever the board shall consider the number or salariesof the officers or employes appointed by any judge of any court,such judge shall sit as a member of the board, as long as anymatter affecting any of his appointees is under considerationand no longer.

(d) Whenever the board shall consider the number or salariesof the employes of the prison board, the president judge of the

court of common pleas shall sit as a member of the board, andthe board so constituted shall fix the number and salaries ofsuch employes, notwithstanding any general, local or speciallaw to the contrary.

(e) The decisions of a majority shall govern. Each boardshall keep a correct minute book of its proceedings in all casesheard and determined by it. Such minute book shall be a publicrecord.

Article XIXFiscal Affairs

(a) Fiscal Policy and Systems

Section 1901. Functions of the Controller.--The controllershall have a general supervision and control of the fiscalaffairs of the county and of the accounts and official acts ofall officers or other persons who shall collect, receive ordistribute the public moneys of the county, or who shall becharged with the management or custody thereof. He may at anytime require from any of them, in writing, an account of allmoneys or property which may have come into their control. Heshall, immediately on the discovery of any default ordelinquency, report the same to the commissioners and the courtof common pleas of the county, and shall take immediate measuresto secure the public moneys or property and remove thedelinquent party, if in office and not removed by thecommissioners.

Section 1902. Accounts of Officers.--The controller shallfurnish the commissioners of the county, whenever required bythem, a detailed account of any officer or other person havingin his possession or under his control funds belonging to thecounty, and shall, during regular office hours, give informationrespecting any of said accounts to any taxpayer of the countydemanding the same.

He shall have power and authority to require each and everycounty officer to make a quarterly statement with respect tomoneys in his possession or control as a county officer, showingthe amount of cash on hand and the amount deposited in banks,banking institutions and trust companies, together with thenames of such institutions. He shall have power to examine everysuch account of a county officer in any bank, bankinginstitution or trust company, to verify the accuracy of thestatement of such county officer. It shall be the duty of everysuch bank, banking institution or trust company, its officersand agents, to furnish full information to the controller inrelation to the account of such county officer. No bank, bankinginstitution or trust company, its officers or agents, shall besubject to prosecution under other laws of this Commonwealthfor disclosing any such information with respect to any accountof a county officer.

Section 1903. Custody of Valuable Documents.--The controllershall have the custody of all title deeds to real estate ownedby the county, and of all contracts entered into by or on behalfof the county, and of all books, documents and papers relatingto its financial affairs, and of all bonds and other obligationsissued by the county, when paid. Such bonds and otherobligations, when so paid, shall be distinctly cancelled by thecontroller and carefully and regularly filed, a register ofwhich cancellation shall be kept by him in a book to be providedfor that purpose.

Section 1904. Books of Fiscal Affairs.--The controller shallkeep a full and regular set of books in detail, by double entry,of all the fiscal operations of the county, embracing as manyaccounts, under appropriate titles, as may be necessary to showdistinctly and separately all the property of the county, itsreceipts and expenditures, and all debts and accounts due bythe county officers or others, and the amount raised from eachsource of revenue, and the expenditures in detail, andclassified by reference to the objects thereof. He shallprescribe the form and manner of keeping the books and papersused by each of the officers of the county in connection withthe fiscal affairs of the county. Where the controllerprescribes a new system of accounting as to the fiscal affairsof the county offices, it shall be subject to the approval ofthe county commissioners.

(b) Accounts, Audits and Reports by Controller

Section 1920. Controller's Settlement of Accounts; Reportto Common Pleas; Publications; Financial Report to Departmentof Community and Economic Development.--The controller shall,at the end of each fiscal year, complete the audit, settlementand adjustment of the accounts of all county officers. He shall,in the month of July in every year, make a report, verified byoath or affirmation, to the court of common pleas of saidcounty, of all receipts and expenditures of the county for thepreceding year, in detail, and classified by reference to theobject thereof, together with a full statement of the financialconditions of the county. A concise summary of this report shallthereupon be published one time in such newspapers publishedin the county as the controller may direct, but the aggregatecost 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 thecost of the county, the number and cost of such pamphlets tobe determined by the controller and the county commissioners.The controller shall also, by the first Monday of the month ofJuly of the year after the close of the fiscal year, make anannual report to the Department of Community and EconomicDevelopment of the financial condition of the county, on formsfurnished by the Secretary of Community and EconomicDevelopment, and subject to the penalties provided in section1921 of this act for the controller refusing or neglecting tomake 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 of1996 and its functions were transferred to the Departmentof Community and Economic Development. The Secretary ofCommunity Affairs, referred to in this section, wasabolished by Act 58 of 1996 and the functions weretransferred to the Secretary of Community and EconomicDevelopment.

Section 1921. Penalties.--Any controller refusing orwilfully neglecting to file the report required by section 1920of this act shall, upon conviction thereof in a summaryproceeding brought at the instance of the Department ofCommunity 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 of1996 and its functions were transferred to the Departmentof Community and Economic Development.

Section 1922. Audit of the Accounts of Parole and ProbationOfficers and of Appropriations to National Guard Units.--Itshall be the duty of the controller to audit, settle and adjustthe accounts of every parole and probation officer, appointedby the court pursuant to law, who shall receive from any personor persons moneys paid under any order, sentence or judgmentof any court, and to report the results of such audits to thecourt which shall have appointed such officer. The controllershall prescribe the system of accounting to be used by theparole and probation officer, and shall likewise audit, settleand adjust the accounts of any moneys appropriated by the countyto units of the National Guard.

Section 1923. Accounts and Audits of Moneys Collected forTaxing Units Within the County; Payments.--All taxes, penalties,fines and costs collected by the county treasurer and belongingto any city, borough, township, school district or institutiondistrict shall be entered and carried in the books of the countyin the same manner as county moneys. It shall be audited inlike manner, and when paid to the taxing district entitledthereto, as provided by law, such payments shall be made onwarrants in the same manner as payments are made of countymoneys.

Section 1924. Audit of Accounts of Commonwealth Moneys.--Itshall also be the duty of the controller to audit, settle andadjust the accounts of the county treasurer with the StateTreasury, and of each of such other officers in the countyreceiving money for the use of the Commonwealth, and where thecounty has a financial interest, as may be referred to them bythe Auditor General or the Department of Revenue, and to makea separate report thereof to the court of common pleas, togetherwith a statement of the balances due from or to such treasureror other officer. A certified copy of such report shall betransmitted 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.--Thecontroller shall have power to issue subpoenas to obtain theattendance of the officers whose accounts they are required toadjust, their executors and administrators, and of any personwhom it may be necessary to examine as witnesses, and to compeltheir attendance by attachment, in like manner and to the sameextent as any court of common pleas of this State may or cando in cases pending before them, and also to compel in likemanner the production of all books, vouchers and papers relativeto such accounts. Such subpoena and attachment shall be servedand executed by the sheriff or coroner of the county, as thecase may require.

Section 1926. Power to Administer Oaths.--The controllershall have power to administer oaths and affirmations to allpersons brought or appearing before him, whether accountants,witnesses or otherwise, and all persons swearing or affirmingfalsely on such examination shall be guilty of perjury.

Section 1927. Commitment to County Jail.--If any personappearing before the controller for examination shall refuseto take oath or affirmation, or after having been sworn oraffirmed shall refuse to make answer to such questions as shallbe put to him by the controller touching the public accountsor the official conduct of any public officers, such persons

so refusing may be committed by the controller to the countyjail by warrant under his hand and seal, directed to the sheriffor any constable of the county, setting forth particularly thecauses of such commitment, until he shall submit to be swornor affirmed or to make answers to such questions or be otherwiselegally discharged.

Section 1928. Witness Fees.--Witnesses attending before thecontroller shall receive the same allowance as is received bywitnesses attending before the courts of this Commonwealth.Such allowance shall be paid out of the county treasury, andwhere final judgment is given against any officer whose accountsare settled by the controller, shall be included in the costsassessed against such officer.

Section 1929. Settlement of Accounts on ExtraneousProof.--If any person in possession of books, vouchers or papersrelative to public accounts before the controller shall refuseto produce the same, or if any officer whose accounts are tobe settled and adjusted by the controller shall refuse to attendor submit to examination, the controller shall proceed, by theexamination of witnesses and other evidence, to ascertain andsettle, as near as may be, the amount of public money receivedby such officer and its application to public purposes orotherwise.

Section 1930. Filing Reports.--The reports of the controllershall be filed among the records of the court of common pleasof the county, and from the time of such filing shall have theeffect of a judgment against the real estate of the officer whoshall thereby appear to be indebted either to the Commonwealthor to the county.

Section 1931. Appeals from Reports.--An appeal may be takenfrom such reports to the court of common pleas, either by theCommonwealth, the county or the officer. Such appeal may alsobe taken by ten or more taxpayers in behalf of the county, inthe manner and subject to the restrictions provided by articlethirty of this act.

Such appeal shall be entered by the Commonwealth within fourmonths, and by the county and the officer within sixty daysafter the filing of the report. If the officer is the appellant,he shall enter into a recognizance with two sufficient suretiesin double the sum found due by such report, with condition toprosecute the appeal with effect and to pay the costs and suchsum of money as shall appear on the final determination of theappeal to be due from him.

Section 1932. Form of Issue on Appeals.--The court of commonpleas shall direct the form in which the issues shall be enteredin all appeals from the reports of the county controller. Suchissues shall be tried by a jury, or may be submitted toreference and arbitration in the manner and subject to theproceedings provided by law.

Section 1933. Allowance of Counsel Fees.--When an appealis taken from the controller's reports and such appeal resultsfavorably to the appellants in such a manner that money isrecovered for the county, the court hearing such appeal shallmake an order to pay a counsel fee which it deems just andreasonable to the counsel representing such appeal, out of thefunds so recovered.

Section 1934. Payment of Costs on Appeal.--(1934 repealedApr. 28, 1978, P.L.202, No.53)

Section 1935. Appeals to the Superior or SupremeCourt.--(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.--(1937repealed Apr. 28, 1978, P.L.202, No.53)

Section 1938. Repayment of Money Collected Upon ForfeitedRecognizances and Satisfaction of Certain Judgment Liens UponReal Property.--(1938 repealed Apr. 28, 1978, P.L.202, No.53)

(c) Disbursals of County Moneys

Section 1950. Claims Against County.--The controller shallscrutinize, audit and decide on all bills, claims and demandswhatsoever against the county. All persons having such claimsshall 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 theclaim is legally due and that the supplies or services for whichpayment is claimed have been furnished or performed under legalauthority. He may inquire or ascertain whether any officer oragent of the county is interested in the contract under whichany claim may arise, or has received or is to receive anycommission, consideration or gratuity relating thereto, orwhether there has been any evasion of the provisions of thisact by making two or more contracts for small amounts whichshould have been in one. If he shall find that there has beenany evasion, or that any such officer or agent is so interested,he shall refuse to approve the claim. All claims which he shallfind legally due, he shall certify to the commissioners.

Section 1951. Drawing Warrants.--The commissioners shalldraw no warrant on the treasury for any debt, claim or demandwhatsoever not audited and approved by the controller, asprovided for in the foregoing section, except for the fees ofjurors, witnesses, criers and tipstaves of the several courtsof the county. The amount of said fees shall be ascertained bysaid courts and entered on the records thereof and dulycertified by their respective clerks to the commissioners, beingfirst sworn to before the controller. Said certificate shallbe delivered by the commissioners to the controller forpreservation as soon as the warrants are issued.

Section 1952. Warrants; Reports on Financial Condition.--Allwarrants drawn on the county treasury by the commissioners shallbe countersigned by the controller, who shall keep a correctregister thereof, noting the number, date and amount of each,the date of payment, and to whom and for what issued. Thecontroller shall report to the commissioners monthly, or oftenerif required by them, the amount of outstanding warrantsregistered and the amount of money in the treasury.

Section 1953. Payment of County Moneys.--The treasurer shallpay no money out of the county treasury except on warrants drawnby a majority of the commissioners and countersigned by thecontroller. He shall cancel all warrants, when paid, bydistinctly spearing or cutting them, and shall deliver suchwarrants to the controller who shall also cancel the same. Heshall report daily to the controller all moneys paid out byhim, giving the number of the warrant and the party to whompaid.

All outstanding warrants issued before the controller entersupon the duties of his office shall be presented to him as otherclaims against the county.

Section 1954. Additional Clerk to Countersign Warrants.--Thecounty controller may designate, in addition to the chief clerk,any clerk in his office to countersign warrants when properlydrawn on the county treasurer, whenever, in the opinion of any

such controller, it is necessary so to do for the publicconvenience. Warrants so countersigned by such clerk shall behonored by the county treasurer, with the same force and effectas if countersigned by the county controller or his chief clerk,during the period designated in writing to such county treasurerby the said county controller.

(d) County Treasury, County Depositoriesand Investment of Moneys

(Hdg. amended Nov. 5, 1971, P.L.516, No.124)

Section 1960. Duty of Treasurer; Receipts of Money for theCounty.--The county treasurer shall receive all moneys due oraccruing to the county. He shall keep a just and true accountof all moneys received and disbursed. The books of the treasurershall at all times during office hours be open to the inspectionof the controller. He shall report daily to the controller allmoneys received by him for the county, the person by whom, andon what account they were paid. The treasurer shall give hisreceipt for all moneys paid into the county treasury. Suchreceipts shall be countersigned by the controller, who shallkeep an accurate record of the same.

Section 1961. Board to Select Depositories.--Thecommissioners, controller and treasurer of the county shall bea board for the purpose of selecting depositories for the fundsof the county. For the purpose of voting at their meetings, thecounty commissioners shall each have one vote, the controllerone vote, and the treasurer one vote. The majority of said votepresent at any meeting shall be sufficient to enable the boardto transact its business.

Section 1962. Meeting; Number of Depositories.--The boardshall meet at the office of the county controller not laterthan noon of the third Wednesday after the first Monday ofJanuary following the election of the county treasurer, andthereafter as may be necessary, and shall there decide upon thenumber of banks and banking institutions, not less than threein number, as depositories of county funds, for such period oftime as the board may determine, but not to exceed the term forwhich the treasurer is elected.

Section 1963. Designation and Qualification ofDepositories.--At said meeting or at any subsequent meetingagreed upon, said board shall designate the depositories andthe rate of interest to be paid by them to the county.

Depositories so designated shall, upon receipt of notice oftheir selection as a depository of county funds, furnishcollateral to secure payment of deposits and interest to thecounty by depositing in escrow securities to be approved by theboard. Such securities shall be of the kind and in the amountto be fixed by the board. Substitution of such securities maybe made with the approval of the board in each case. The boardmay designate a branch bank of the Federal Reserve Bank of thedistrict, located within the county, as escrow agent for thekeeping of securities and to perform such functions as the boardmay prescribe.

The county treasurer, upon the designation of such depositoryor depositories, shall immediately transfer thereto all countyfunds to be deposited, and shall thereafter keep such depositssolely in such depository or depositories, in the name of thecounty. Withdrawals from such depository shall be only drawnby the treasurer upon properly authorized checks or by othercommercially accepted methods for county fund transfers.

(1963 amended Dec. 13, 1982, P.L.1136, No.259)

Section 1964. Investment of Moneys.--(a) The countytreasurer shall have the power, subject to subsection (b) andthe hereinafter stated conditions and limitations, to investand reinvest the moneys of the general fund and special fundsas shall have accumulated beyond the ordinary needs of saidvarious funds, and which are not authorized by law to beinvested by any board, commission or county officer, consistentwith sound business practice, subject, however, to the exerciseof that degree of judgment, skill and care under thecircumstances 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 regardto speculation, but in regard to the permanent disposition ofthe funds, considering the probable income to be derivedtherefrom as well as the probable safety of their capital.

(b) A Board of Investment is hereby created. Said boardshall be composed of three members, to wit: the treasurer, whoshall act as a chairman of the board; the chairman of the countycommissioners; and the controller. The board shall provide foran investment program, including temporary investments, subjectto restrictions contained in this act, and in any otherapplicable statute and any rules and regulations adopted by theboard. County boards, commissions or other county officersauthorized to make investments under subsection (a) shall makeinvestments in conformity with the board's investment program.

(c) Authorized types of investments for county funds shallbe:

(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 institutionshaving their principal place of business in the Commonwealthand insured by the Federal Deposit Insurance Corporation or theFederal Savings and Loan Insurance Corporation or the NationalCredit Union Share Insurance Fund or the Pennsylvania DepositInsurance Corporation or the Pennsylvania Savings AssociationInsurance Corporation to the extent that such accounts are soinsured, and, for any amounts above the insured maximum,provided that approved collateral as provided by law thereforeshall be pledged by the depository.

(4) Obligations of the United States of America or any ofits agencies or instrumentalities backed by the full faith andcredit of the United States of America, the Commonwealth ofPennsylvania or any of its agencies or instrumentalities backedby the full faith and credit of the Commonwealth, or of anypolitical subdivision of the Commonwealth of Pennsylvania orany of its agencies or instrumentalities backed by the fullfaith and credit of the political subdivision.

(5) Shares of an investment company registered under theInvestment Company Act of 1940, whose shares are registeredunder the Securities Act of 1933, provided that the onlyinvestments of that company are in the authorized investmentsfor county funds listed in clauses (1) through (4).

(6) Certificates of deposit purchased from institutionshaving their principal place of business in the Commonwealthand insured by the Federal Deposit Insurance Corporation or theFederal Savings and Loan Insurance Corporation or the NationalCredit Union Share Insurance Fund or the Pennsylvania DepositInsurance Corporation or the Pennsylvania Savings AssociationInsurance Corporation to the extent that such accounts are soinsured. However, for any amounts above the insured maximum,

such certificates of deposit shall be collateralized by a pledgeor assignment of assets of the institution, and such collateralmay include loans (including interest in pools of loans) securedby first mortgage liens on real property. Certificates ofdeposit purchased from commercial banks shall be limited to anamount equal to twenty per centum (20%) of a bank's totalcapital and surplus. Certificates of deposit purchased fromsavings and loan associations or savings banks shall be limitedto an amount equal to twenty per centum (20%) of aninstitution's assets minus liabilities.

(7) Certificates of deposit purchased from institutionshaving their principal place of business outside theCommonwealth and insured by the Federal Deposit InsuranceCorporation or the Federal Savings and Loan InsuranceCorporation or the National Credit Union Share Insurance Fundto the extent that such accounts are so insured, and, for anyamounts above the insured maximum, provided that approvedcollateral as provided by law therefore shall be pledged by thedepository. Certificates of deposit purchased from commercialbanks shall be limited to an amount equal to twenty per centum(20%) of a bank's total capital and surplus. Certificates ofdeposit purchased from savings and loan associations or savingsbanks 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 (relatingto fiduciaries investments) shall be an authorized investmentfor any pension or retirement fund.

(9) "Commercial paper" and "prime commercial paper" asprovided for in subsection (d).

(d) As used herein "commercial paper" shall mean unsecuredpromissory notes issued at a discount from par by anyindustrial, common carrier, public utility or finance companyand "prime commercial paper" shall mean notes issued bycorporations whose credit has been approved by the NationalCredit Office, Incorporated, New York, or its successor. Thetreasurer shall have obtained the following prior to anycommitment to purchase commercial paper:

(1) A certification or other evidence that such commercialpaper is rated prime by the National Credit Office,Incorporated.

(2) A certification or other evidence that the paperproposed to be delivered is not subordinate to any other debtof the issuer.

(3) A certificate or other evidence that there is nolitigation pending or threatened affecting said paper.

(4) A certificate or other evidence that the issuer is notin default as to the payment of principal and interest upon anyof its outstanding obligations.

(5) A certificate or other evidence that the issuer wasincorporated within the United States, is transacting businesswithin the United States, and has assets of one billion dollars($1,000,000,000) or more, or is a wholly owned subsidiary of aPennsylvania corporation having assets of one billion dollars($1,000,000,000) or more.

(6) The treasurer shall not, at any time, have invested inprime commercial paper more than an aggregate of such total sumas the board shall have prescribed.

(e) In making investments of county funds, the countytreasurer (or other elected officials when authorized asprovided 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 theprocedures for pledges of assets to secure deposits of publicfunds with banking institutions pursuant to other laws;establishing a standard rule for the types, amounts andvaluations of assets eligible to be used as collateral fordeposits of public funds; permitting assets to be pledgedagainst deposits on a pooled basis; and authorizing theappointment of custodians to act as pledgees of assets,"relating to pledges of assets to secure deposits of publicfunds.

(2) To combine moneys from more than one fund under countycontrol for the purchase of a single investment, provided thateach of the funds combined for the purpose shall be accountedfor separately in all respects and that the earnings from theinvestment are separately and individually computed andrecorded, and credited to the accounts from which the investmentwas purchased.

(3) To join with one or more other political subdivisionsand municipal authorities in accordance with the act of July12, 1972 (P.L.762, No.180), entitled "An act relating tointergovernmental cooperation," in the purchase of a singleinvestment, provided that the requirements of clause (2) onseparate accounting of individual funds and separatecomputation, recording and crediting of the earnings therefromare adhered to.

(f) All income earned on any of the aforesaid investmentsshall inure to the benefit of the county and shall be placedin 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 onpersonal property taxable for county purposes where the rateof taxation thereon is fixed by law other than at the rate sofixed. The county commissioners shall fix, by resolution, therate of taxation for each year. The tax levied shall be for thepurpose of creating a general fund to pay expenses incurred forgeneral county purposes, for the payment of the mattersconnected with roads provided for in subsection (g) of section2901 hereof, for the payment of the matters connected with parksand related matters provided for in sections 3007 and 3035hereof. No such tax in any county of the second class, shallin any one year exceed the rate of twenty-five mills on everydollar of the adjusted valuation: Provided, however, That therate of taxation for payment of interest and principal on anyindebtedness incurred pursuant to the act of July 12, 1972(P.L.781, No.185), known as the "Local Government Unit DebtAct," or any prior or subsequent act governing the incurrenceof indebtedness of the county shall be unlimited. No tax forgeneral county purposes in any county of the second class Ashall in any one year exceed the rate of forty mills on everydollar of the adjusted valuation: Provided, however, That therate of taxation for payment of interest and principal on anyindebtedness incurred pursuant to the act of July 12, 1972(P.L.781, No.185), known as the "Local Government Unit DebtAct," or any prior or subsequent act governing the incurrenceof indebtedness of the county shall be unlimited. In fixing therate of taxation, the county commissioners if the rate is fixedin mills, shall also include in the resolution a statementexpressing the rate of taxation in dollars and cents on eachone 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 thesecond class A shall have the power to levy a tax forinstitution district purposes and for the payment of theobligations of the predecessor poor districts on real estate,trades, occupations and professions, in the same manner and atthe same time as county taxes, annual taxes to pay the currentexpense of the institution district, none of which shall exceedfifteen mills on the dollar of the last adjusted assessedvaluation for county purposes: Provided, That no tax shall belevied and collected on trades, occupations and professions atthe same time a per capita tax on individuals is levied andcollected.

(1970.1 added Dec. 30, 1974, P.L.1154, No.367)Section 1970.2. Hotel Room Rental.--(1970.2 repealed July

9, 2008, P.L.999, No.76)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 beimplemented no later that July 1 of the first yearfollowing the effective date of Act 12.

Section 1971. Temporary Loans.--Whenever the funds of acounty have been exhausted, the county commissioners may borrow,on the credit of the county, money in anticipation of taxes tobe collected for the current fiscal year, and issue acertificate of indebtedness payable on a certain date, notexceeding one year from the date of issue.

Section 1972. Transfer of Certain Moneys into the CountyFund.--The commissioners may transfer into the county fund anymoney placed to the credit of any city, borough or township,where the same has been paid into the county treasury upon anyduplicate for taxes and has remained during a period of tenyears uncalled for by the authorities of the city, borough ortownship to whose credit it may have been placed, and the rightto said money is not at the time of such transfer a matter oflitigation or dispute.

Section 1973. Transfer of Funds.--Whenever the county hasavailable, in any special or appropriation funds other than asinking fund, moneys for which there is no immediate use, andanother special or appropriation fund has immediate andadvantageous use for moneys which such fund lacks but theprocedure for the securing of which has been consummated, thecounty commissioners shall have power, by resolution, with theapproval of the controller of such county, to temporarilytransfer moneys from one special or appropriation fund whereinsuch moneys are not at the time required to a fund where suchmoneys can be so advantageously used and expended. Moneys sotransferred shall be returned to the fund from which borrowedas soon as sufficient moneys are accumulated in the borrowingfund from authorized sources, except in the case of moneysraised by taxation which are transferred from one budget fundto a similar fund which derives its moneys from taxation, inwhich cases no such transfer shall be required.

Section 1974. Banks Authorized to Receive Taxes.--The boardfor the selection of depositories shall have authority todesignate any bank, savings bank, bank and trust company, trustcompany or national banking association located within thecounty as a deputy county tax collector, for the sole purpose,however, of receiving and receipting for county taxes paid toit at its place of business. The county tax collector shall not

be held responsible for losses occasioned by the failure of anysuch institution, for moneys received by it as such deputy.Each such institution acting as a deputy county tax collectorshall, within five days after the last day of each calendarmonth, transmit to the county tax collector all moneys receivedby it as such deputy during such preceding month. Each suchpayment shall be accompanied by an itemized statement showingwhat taxes have been paid, the dates when paid, and by whomthey have been paid. Such an institution shall not be allowedany compensation or commission for acting as such deputy otherthan expenses actually incurred in transmitting moneys andrecords of payments to the county tax collector.

Every such institution, before entering upon its duties ofreceiving and receipting for taxes, shall post such security,in such amount as shall be determined by the board, to insurethe faithful performance of its duties and the payment over ofall tax moneys received by it.

Section 1975. Discount on Taxes Authorized.--(a) The countycommissioners are hereby empowered to grant a discount to alltaxpayers subject to the payment of county taxes upon makingpayment of the whole amount thereof within the discount period.

(b) The county commissioners shall have the power andauthority to establish and fix the discount period and the rateof discount not less than two per centum, by resolution, andsuch action shall remain in force from year to year until againchanged.

(1975 added Mar. 26, 1976, P.L.59, No.25)Section 1976. Homestead Property Exclusion Procedure.--(1976

expired December 31, 2001. See Act 85 of 2000.)

(f) Budgets

Section 1980. Fiscal Year; Preparation of Annual Budget inCounties of the Second Class.--(Hdg. amended July 9, 1992,P.L.682, No.99) (a) The fiscal year of the county shall beginon the first day of January and end on the thirty-first day ofDecember of each year. On or before the fifteenth day ofNovember of each year the controller of each county of thesecond class shall transmit to the commissioners a proposedbudget giving a detailed estimate of and for the legitimatepurposes of the county for the next year, including interestdue and to fall due on all lawful debts of the county bearinginterest. Such budget, when finally adopted by thecommissioners, shall be the guide to the commissioners in fixingthe 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 budgetis adopted, fix such rate of taxation upon the valuation of theproperty taxable for county purposes as will raise sufficientsum to meet the said expenditures. The commissioners shall not,by contract or otherwise, increase the expenditures of thecounty in any year to an amount beyond the taxes assessed asaforesaid 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 thecounty shall begin on the first day of January and end on thethirty-first day of December of each year. The commissionersin counties of the second class A, at least thirty days priorto adopting the budget, shall begin preparation of the proposedbudget for the succeeding fiscal year.

(b) The controller shall transmit to the commissioners acomparative statement of revenues for the current and theimmediately preceding fiscal year and a comparative statementof expenditures, including interest due and to fall due on alllawful interest-bearing debts of the county, for the same years.

(c) The controller's statement shall also indicate theamounts of all appropriation requests, submitted to thecontroller or to the commissioners and supplied by them to thecontroller, from the several county offices and agencies,including estimates of expenditures contemplated by thecommissioners as forwarded by them to the controller.

(d) Said statements, in such form and detail as thecommissioners direct, shall be prepared upon a form or formsfurnished, as provided in this subdivision, by the Departmentof Community Affairs. With this information as a guide, thecommissioners shall, within a reasonable time, begin thepreparation 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 of1996 and its functions were transferred to the Departmentof 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 CountyAssessment Law, to the contrary or any contrary provision ofany home rule charter or administrative code of a county of thesecond class, when a county of the second class makes itsreassessment or revaluation at values based upon an establishedpredetermined ratio as required by law or when a county of thesecond class changes its established predetermined ratio, eachpolitical subdivision, other than a school district subject tosection 327 of act of June 27, 2006 (1st Sp.Sess., P.L.1873,No.1), known as the Taxpayer Relief Act, which hereafter leviesits real estate taxes on that revised reassessment, revaluationor change in ratio shall for that year reduce each tax ratelevied by the political subdivision, if necessary, for thepurpose of having the total amount of property tax revenue forthat rate received exclusively as a result of the reassessment,revaluation or change in ratio equal, in the case of anypolitical subdivision, the total amount of property tax revenuereceived in the preceding year for each tax, notwithstandingthe increased valuations of properties under the annualreassessment system.

(a.1) Except as set forth in subsection (h), this sectionshall apply to all rates of taxes levied on an assessment rollafter a countywide revision as provided in subsection (a),including millage rates established by referendum.

(b) After establishing a tax rate under subsection (a), apolitical subdivision may, by a separate and specific vote,establish a final tax rate for the first year it levies itsreal estate taxes on a reassessment, revaluation or change inratio. Each tax rate levied by the political subdivision underthis subsection shall be fixed at a figure that limits totalamount of property tax revenue received exclusively as a resultof the reassessment, revaluation or change in ratio not toexceed one hundred five per cent of the total amount of propertytax revenue received in the preceding year, notwithstanding theincreased valuations of properties under the reassessmentsystem.

(c) For the purpose of determining the total amount ofrevenue 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 constructedbuildings or structures or on increased valuations based on newimprovements made to existing structures shall not beconsidered.

(d) With the approval of the court of common pleas, upongood cause shown, any political subdivision may increase thetax rate authorized under this section.

(e) A political subdivision may adjust its calculation ofthe total amount of revenue to be received exclusively as aresult of the reassessment, revaluation or change in ratio forthe year under subsections (a) and (b) by the previous five-yearaverage, excluding the year immediately preceding the effectivedate of the reassessment, revaluation or change in ratio, annualnet increase or decrease in revenue resulting from finaldispositions of assessment appeal.

(f) (1) To the extent that a political subdivision imposestaxes at a rate in excess of that which is required to producerevenue in accordance with subsections (a) and (b), thepolitical subdivision, upon the filing with it, within threeyears of payment of the tax, of a written and verified claimfor a refund of the excess taxes paid or caused to be paid byany person or corporation of this Commonwealth, shall refundthe excess taxes with interest.

(2) Interest required under this section shall be paid atthe same rate and in the same manner as the Commonwealth isrequired to pay pursuant to section 806.1(b.1) of the act ofApril 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."

(3) For purposes of this subsection, the term "politicalsubdivision" means a county, city, borough, incorporated town,township, home rule municipality, school district, vocationalschool district and county institution district.

(g) The provisions of this section shall supersede anyprovision in a home rule charter, county administrative code,county ordinance or rule or regulation.

(h) Notwithstanding subsection (b) or (d), the rate of anytax which was established by referendum and adjusted as providedin subsection (a) shall be subject to any subsequent increase,decrease or elimination only as provided by law.

(1980.2 amended Nov. 4, 2016, P.L.1182, No.155)

Compiler's Note: Section 2 of Act 155 of 2016, which amendedsection 1980.2, provided that the amendment shall applyto tax rates based on reassessments implemented afterthe effective date of section 2.

Section 1980.3. Effect of Appeal; Escrow; Payment underProtest.--Notwithstanding any contrary provisions of the actof June 21, 1939 (P.L.626, No.294), referred to as the SecondClass County Assessment Law, any home rule charter oradministrative code, the following shall apply in a second classcounty:

(1) An appeal taken from an assessment shall not preventthe collection of taxes based on the assessment appealed.

(2) If the assessment shall be reduced, then any overpaymentof taxes shall be returned to the person or persons who paidthe taxes.

(3) The appellant may protest the taxes due in writingaddressed to the Board of Property Assessment.

(4) The appellant shall notify the taxing districts of anypayment under protest by delivering to them a copy of theprotest.

(5) The taxing districts shall segregate twenty-five percent of the amount of the tax paid under protest in a separateaccount and may not expend any portion of any segregated amountunless the taxing districts petition the court, alleging thatthe segregated amount is unjustly withheld.

(6) The court may order the use by the taxing district ofa portion of any segregated amount as the court deems reasonablyfree from dispute, and the remainder of the segregated amountshall be held segregated by the taxing district pending thefinal disposition of the appeal.

(7) Upon final disposition of the appeal, the amount of theoverpayment found to be due the appellant shall be refunded tothe 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 thecontroller or in counties of the second class A thecommissioners shall annually prepare a proposed budget for allfunds for the next fiscal year no later than November 15 of thecurrent fiscal year. Said budget shall reflect, as nearly aspossible, the estimated revenues and expenditures of the countyfor the year for which the budget is prepared. It shall beunlawful to prepare and advertise notice of a proposed budgetwhen the same is knowingly inaccurate. Where, upon any revisionof the budget, it appears that the estimated expenditures inthe adopted budget will be increased more than ten per cent inthe aggregate over the proposed budget, it shall be presumedthat the tentative budget was inaccurate, and such budget maynot be legally adopted with any such increases therein unlessthe same is again advertised once as in the case of the proposedbudget and an opportunity afforded to taxpayers to examine thesame and protest such increases. Said budget shall be preparedon forms furnished as provided herein. Final action shall notbe taken on the proposed budget by the county commissionersuntil after at least ten days public notice. The proposed budgetshall be published or otherwise made available for publicinspection, by all persons who may interest themselves, at leasttwenty days prior to the date set for the adoption of thebudget. The county commissioners shall, after making suchrevisions and changes therein as appear advisable, adopt abudget for the next fiscal year prior to December 31 of thecurrent fiscal year and necessary appropriation measuresrequired 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 theoffice of the Department of Community Affairs. ((b) amendedOct. 5, 1967, P.L.340, No.146)

(c) The county commissioners may at any time, by resolution,make supplemental appropriations for any lawful purpose fromany funds on hand or estimated to be received within the fiscalyear and not otherwise appropriated, including the proceeds ofany borrowing now or hereafter authorized by law.

(d) The county commissioners shall have power to authorizethe transfer, within the same fund, of any unencumbered balanceor any portion thereof from one spending agency to another, butsuch action shall be taken only during the last nine months ofthe fiscal year.

(e) No work shall be hired to be done, no materialspurchased, no contracts made, and no order issued for thepayment of any moneys by the county commissioners, which willcause the sums appropriated to be exceeded.

Compiler's Note: The Department of Community Affairs,referred to in subsec. (b), was abolished by Act 58 of1996 and its functions were transferred to the Departmentof Community and Economic Development.

Section 1982. Committee to Prepare Uniform Forms.--(a) Thebudget and report forms specified herein shall be prepared bya committee consisting of three representatives from thePennsylvania State Association of County Commissioners, threerepresentatives from the Pennsylvania State Association ofCounty Controllers, and the Secretary of Community Affairs orhis agent, who shall be a person trained in the field ofmunicipal finance.

(b) Such representatives shall be appointed by the presidentof each said organization. The president of each saidorganization shall supply to the Department of Community Affairsthe names and addresses of such representatives immediatelyupon their appointment. Said representatives shall serve withoutcompensation, but they shall be reimbursed by the Commonwealthfor all necessary expenses incurred in attending meetings ofthe committee. The committee shall meet at the call of theSecretary of Community Affairs or his agent, who shall serveas chairman of the committee.

(c) In preparing the uniform forms for both budgets andannual reports, the committee shall give careful considerationto the differing legal requirements and needs of the countiesof the several classes, producing, if necessary, separate formsfor certain classes of counties or groups of classes.

(d) It shall be the duty of the Secretary of CommunityAffairs or his agent to see to it that the forms required bythis act are prepared in cooperation with said committee. Shouldsaid committee for any reason fail to furnish such cooperation,the Secretary of Community Affairs or his agent shall completethe preparation of the forms. After their preparation, he shallissue said forms and distribute them annually, as needed, tothe 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 of1996 and its functions were transferred to the Departmentof Community and Economic Development. The Secretary ofCommunity Affairs, referred to in this section, wasabolished by Act 58 of 1996 and the functions weretransferred to the Secretary of Community and EconomicDevelopment.

(g) Sinking Fund Commission

Section 1990. Membership.--In the county there shall be asinking fund commission, composed of the commissioners, thecontroller and treasurer.

Section 1991. Management of Sinking Funds.--The sinkingfund commission shall annually apply all interest received onsinking fund deposits and all interest received on bonds heldin the sinking fund and all other income, if any, from thesinking fund, for the purpose of reducing the amount of moneyrequired to be paid by the county for sinking fund purposes for

the ensuing year, unless such income is necessary for thepurpose of having adequate funds on hand to pay the bonds ofthe county as they mature and become payable. The income soapplied and the amount required to be paid by the county forsinking fund purposes shall annually equal the full amountrequired to be paid for sinking fund purposes to the severalsinking funds.

The commission shall have the power, whenever it deems itnecessary and for the best interests of the several sinkingfunds, to sell any bonds held by it other than those of thecounty itself.

Section 1992. Bonds of County Held by Commission.--All bondsof the county held by the sinking fund commission shall bestamped in a conspicuous manner to show that they have beenpurchased for this purpose. They shall never be reissued orsold. The sinking fund commission shall not require the countyto pay interest on any of its bonds held by the commission,unless the commission deems the payment thereof necessary forthe purpose of having adequate funds on hand to pay the bondsof said county as they mature and become payable. All bonds ofthe county held by the commission shall be cancelled immediatelyupon their maturity.

Section 1993. Paying Off and Cancelling of County Bonds;Priority; Sale of County Bonds in Certain Cases.--In order tofacilitate the extinguishment of the county debt, the countybonds purchased by the commission from time to time shall bepaid off and cancelled according to the priority of theirmaturity. The commission may, at its discretion, withhold thepurchase of such maturing county bonds until after thosepurchased from a later issue of county bonds shall be paid offand cancelled. In such an event, if it appears that there willnot be sufficient funds in the hands of the commission to meetthe payment of such earlier maturing bonds, the same shall thenbe sold by said commission at not less than par.

Section 1994. Investment in New County Bonds.--(1994repealed Dec. 13, 1982, P.L.1136, No.259)

Section 1995. Investment of Sinking Fund Moneys.--Thecommission shall have power to make investment of county sinkingfunds as authorized by the act of July 12, 1972 (P.L.781,No.185), known as the "Local Government Unit Debt Act"; andliquidate any such investment, in whole or in part, by disposingof securities or withdrawing funds on deposit. Any action takento make or to liquidate any investment shall be made by thecommission.

(1995 amended Dec. 13, 1982, P.L.1136, No.259)

(h) Sale of Revenue Bills

Section 1997. Sale of Revenue Bills Authorized; Terms andConditions; 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 beissued at a discount, if purchased in advance of the due dateof the taxes for such fiscal year, or at face, if purchasedafter the due date of such taxes. The discount allowed on suchrevenue bills shall not exceed five per centum, and thediscounts on such bills shall vary according to the date atwhich the same are purchased.

(b) Such revenue bills shall be issued in multiples of tendollars ($10) each, and shall be issued only for the fiscalyear during which they are sold. The total issue of revenuebills in any fiscal year shall not exceed the amount of taxes

levied or to be levied for that fiscal year, including anyspecial taxes. Such revenue bills shall be negotiable by theholder thereof.

(c) The revenue bills issued and sold in any fiscal yearshall not be redeemable by the county in money, but shall beused by the holder thereof only for the payment of taxes duethe county for the year for which such revenue bills wereissued, and shall be received by the collector or receiver oftaxes or any other person authorized to receive payment of taxesfor the county at face value in payment of any taxes for suchfiscal year, or any penalties, interest or costs due thereon.Such revenue bills may be received in payment of taxes at anytime, so long as they shall be credited against any taxes duethe county for the year for which they were issued and sold.

Article XIX-AOptional Assessed Value Limitations

(Art. added June 8, 2001, P.L.114, No.16)

Section 1901-A. Definitions.--The following words andphrases as used in this article shall be construed to have thefollowing meaning:

"Base year assessed value," the assessed value upon whichthe real property tax is levied by the political subdivisionin the year prior to the first year real property taxes arelevied under a mandated county-wide reassessment.

"Homestead," shall have the same meaning as set forth inthe act of March 11, 1971 (P.L.104, No.3), known as the "SeniorCitizens Rebate and Assistance Act."

"Mandated county-wide reassessment," the application of newassessed values resulting from a county-wide revision ofassessment of real property that is completed pursuant to acourt order.

"Qualified owner-occupant," a claimant as defined by theact of March 11, 1971 (P.L.104, No.3), known as the "SeniorCitizens Rebate and Assistance Act," who is qualified to receivea property tax rebate under the "Senior Citizens Rebate andAssistance Act."

"Tax-neutral assessed value," the assessed value calculatedunder section 1903-A.

"Tax-neutral ratio," the ratio computed by dividing thetotal assessed values for all properties in the school districtin the first year after a mandated county-wide reassessment bythe assessed values for all properties in the school districtin the year immediately prior to a mandated county-widereassessment.

(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 locatedwithin a county of the second class may, by adopting anordinance or resolution, utilize the tax-neutral assessed valuewhen levying the real property tax on the homestead of aqualified owner-occupant after a mandated county-widereassessment. For a county-wide reassessment that becomeseffective in 2000, such ordinance or resolution by a politicalsubdivision located within a county of the second class may beadopted at any time prior to June 30, 2002, and may beretroactive to no earlier than January 1, 2001. In the eventthat such resolution or ordinance is adopted retroactively afterreal property taxes are levied during 2001, the levy shall beadjusted for qualifying homesteads as if the resolution orordinance had been adopted before real property taxes had been

levied in 2001. Any overpayments of real estate taxes whicharise from this adjustment shall be refunded by the politicalsubdivision.

(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 orresolution under section 1902-A, the assessed value of thehomestead of a qualified owner-occupant shall not exceed thebase year assessed value of the homestead multiplied by thetax-neutral ratio for the school district in which the homesteadis located. The maximum assessed value calculated under thissection shall apply only to the real property tax levied by thepolitical subdivision that has adopted the ordinance orresolution.

(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 ineffect until the earlier of:

(1) the first year the owner of the homestead fails to meetthe requirements to receive a property tax rebate under the actof March 11, 1971 (P.L.104, No.3), known as the "Senior CitizensRebate and Assistance Act"; or

(2) the date of the sale or transfer of the property to aperson 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 atax-neutral assessed value under this act on behalf of all otherpolitical subdivisions within the county. A person who hasqualified for and received a property tax rebate under the actof March 11, 1971 (P.L.104, No.3), known as the "Senior CitizensRebate and Assistance Act," shall not be required to file anyadditional application with the county in order to receive thetax-neutral assessed value with respect to real property taxeslevied by a political subdivision adopting an ordinance orresolution 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 thesecond class with the names and addresses of individualsresiding in the county who received a property tax rebate duringthe last completed calendar year. The information provided bythe secretary shall be confidential and shall not be used forpurposes other than the administration of this act.

(1906-A amended Oct. 30, 2001, P.L.818, No.80)

Article XIX-BSpecial Provisions for Assessments

(Art. added June 8, 2001, P.L.114, No.16)

Section 1901-B. Deadline for Assessment Appeals.--In theyear 2001 the Board of Property Assessment Appeals and Reviewshall permit appeals to be taken from assessments up to andincluding June 1, and no later, in any county of the secondclass, notwithstanding any contrary provision contained in anyadministrative code or resolution adopted by the county. Foryears beginning with 2002, the final date by which appeals maybe taken from assessments of properties shall be determined asprovided 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 purposesof the taxation of real property by the county or a politicalsubdivision located within the county, or by a municipalitylocated within the county authorized to assess real propertyfor purposes of taxation, regardless of whether the sign orsign structure has become affixed to the real estate.

(1902-B added July 17, 2007, P.L.130, No.38)

Article XXContracts

Section 2001. County Commissioners to Make Contracts.--TheCounty Commissioners may make contracts for lawful purposes andfor the purposes of carrying into execution the provisions ofthis section and the laws of the Commonwealth.

(a) Except as provided in subsection (a.1), all contractsor purchases in excess of t he base amount of eighteen thousandfive hundred dollars ($18,500), subject to adjustment undersection 112, shall be in writing and, except those hereinaftermentioned and except as provided by the act of October 27, 1979(P.L.241, No.78), entitled "An act authorizing politicalsubdivisions, municipality authorities and transportationauthorities to enter into contracts for the purchase of goodsand the sale of real and personal property where no bids arereceived," shall not be made except with and from the lowestresponsible and responsive bidder meeting specifications, afterdue 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 dailynewspapers of general circulation are employed for suchpublication, or in case weekly newspapers are employed, thenthe notice shall be published once a week for two (2) successiveweeks. The first advertisement shall be published not less thanten (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 befollowed in cases of emergency, but in such cases the actualemergency shall be declared and stated by resolution of thecommissioners.

(b) The acceptance of all bids shall be by the controller.They shall be opened publicly at a time and place to bedesignated in the notice. All the figures shall be announcedpublicly by the chief clerk or his designee and referred to theappropriate departments for tabulation without the presence ofthe commissioners. Whenever, for any reason, the bid openingsshall not be held, the same business may be transacted at asubsequent meeting, the time and place of which shall have beenannounced at the previous meeting held for such openings. Thecontract shall be awarded or all bids shall be rejected withinthirty (30) days of the opening of the bids, except for bidssubject to 62 Pa.C.S. (relating to procurement). Thirty-dayextensions of the date for the award may be made by the mutualwritten consent of the commissioners and any bidder who wishesto remain under consideration for award. The commissioners shallexcuse from consideration any bidder not wishing to agree to arequest for extension of the date for the award and shallrelease such bidder from any bid bond or similar bid securityfurnished under subsection (b.1). All contracts shall be filedwith the controller or with the chief clerk, as the case maybe, immediately after their execution.

(b.1) All bids shall, if required by the commissioners, beaccompanied by cash, a certified check, cashier's check, bank

good faith check or irrevocable letter of credit in a reasonableamount drawn upon a bank authorized to do business in theCommonwealth or by a bond with corporate surety in a reasonableamount. In the event any bidder shall, upon award of thecontract to him, fail to comply with the requirementshereinafter stated as to security guaranteeing the performanceof 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 forfeitedto the county as liquidated damages, and the contractsubsequently may be awarded to the next lowest bidder, who shallmanifest his acceptance of such contract by giving a good faithdeposit in the amount and manner set forth in this subsectionon or before the third day after the award of the contract tosuch bidder and otherwise comply with the provisions of thissection.

(b.2) The amount or price of the contract shall, in allcases whether of straight sale price, conditional sale, lease,lease purchase or otherwise, be the entire amount which thecounty pays to the successful bidder or his assigns, plus thevalue of personal property transferred from the county to thebidder or his assigns at any time during the duration of thecontract, in order to obtain the services or property, or both,and shall not be construed to mean only the amount which ispaid to acquire title or to receive any other particular benefitor benefits of the whole bargain. The value of personal propertytransferred to the bidder or his assigns upon execution of thecontract shall be specified in the bid. The method ofdetermining the value of personal property transferred to thebidder or his assigns at a time during the duration of thecontract shall be specified in the bid and shall be determinedusing generally accepted valuation methods.

(c) The successful bidder, when a formal bid is requiredherein, shall be required to furnish a bond or irrevocableletter of credit or other security in an amount sufficient tothe commissioners guaranteeing performance of the contractwithin thirty (30) days after the contract has been awarded,unless the commissioners shall prescribe a shorter period orunless the commissioners shall waive the bond requirement inthe bid specification. The successful bidder for a contractwhich involves the construction, erection, installation,completion, alteration, repair of or addition to any publicwork or improvement of any kind shall furnish security asprovided in section 2518. Performance security for services andcontracts for labor and materials delivered on a periodic basis,including, but not limited to, food service contracts, homehealth services and janitorial services and supplies, may becomputed on the expected average value for one or more monthsat the discretion of the commissioners. Upon failure to furnishany required bond within such time, the previous awards shallbe void and the commissioners may award the contract to thenext lowest bidder. Deliveries, performances, accomplishmentand guarantees may be required in all cases of expenditures,including the exceptions herein.

(d) The contracts or purchases made by the commissionersinvolving an expenditure of over t he base amount of eighteenthousand five hundred dollars ($18,500), subject to adjustmentunder section 112, which shall not require advertising orbidding as hereinbefore provided are as follows:

(1) Those for maintenance, repairs or replacements forwater, electric light, or other public works: Provided, Thatthey do not constitute new additions, extensions or enlargements

of existing facilities and equipment. Security may be requiredby the county commissioners as in other cases of work done.

(2) Those made for improvements, repairs and maintenanceof any kind made or provided by the county through its ownemployes. This paragraph shall not apply to constructionmaterials used in a street improvement.

(3) Those where particular types, models or pieces of newequipment, articles, apparatus, appliances, vehicles or partsthereof are desired by the county commissioners, which arepatented and manufactured products or copyrighted products.

(4) Those involving any policies of insurance or suretycompany bonds, those made for public utility service andelectricity, natural gas or telecommunication services:Provided, That, in the case of utilities not under tariffs onfile with the Pennsylvania Public Utility Commission, contractsmade without advertising and bidding shall be made only afterreceiving written or telephonic price quotations from at leastthree (3) qualified and responsible contractors, or in lieu ofprice quotations a memorandum shall be kept on file showingthat fewer than three (3) qualified contractors exist in themarket area within which it is practicable to obtain quotations.A written record of telephonic price quotations shall be madeand contain at least the date of the quotation, the name of thecontractor and the contractor's representative.

(5) Those involving personal or professional services,including, but not limited to, services of members of themedical or legal profession, registered architects, engineers,certified public accountants or other personal servicesinvolving professional expertise.

(6) Those involving tangible client services provided bynonprofit agencies. For the purposes of this clause, the term"tangible client services" shall mean congregate meals,home-delivered meals, transportation and chore services providedthrough area agencies on aging.

(6.1) Those involving contracts entered into by nonprofitcooperative hospital service associations for hospitals andnursing homes which are part of the institutional district orwhich are owned by the county, operated by the county oraffiliated with the county by the purchasing of or participatingin 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 materialsto the county by a public body, provided that the price thereofshall not be in excess of that fixed by the public body. Therequirements of 53 Pa.C.S. Ch. 23 Subch. A (relating tointergovernmental cooperation) shall not apply when a countypurchases cooperatively with another public body which hasentered into a contract for supplies or materials. As used inthis 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 otherstate; or

(v) an agency of the Federal Government, the Commonwealthor any other state.

(9) Those exclusively involving construction managementservices.

(10) Those involving computer software.((d) amended Nov. 3, 2011, P.L.360, No.89)

(d.1) Notwithstanding the provisions of this article to thecontrary, the county commissioners shall have authority to enterinto contracts for equipment and services related to technologyand information systems on the basis of best value procurement.Contracts under best value procurement shall be made only afterthe county has solicited proposals based on performance andoutcome specifications developed by the county and describingat minimum the objectives to be met by the system, the tasksto be performed by the system, the users of the system, systemsecurity issues, the time frame for system implementation,potential operating technologies, compatibility with existingsystems, training and maintenance and shall indicate the processby which the contract shall be awarded. Best value procurementshall not require a sealed bid process and shall permit thecommissioners to negotiate the terms of the agreement with anyresponsive and responsible vendor.

(e) Every contract subject to this article shall comply, asapplicable, with the provisions of:

(1) The act of August 15, 1961 (P.L.987, No.442), known asthe "Pennsylvania Prevailing Wage Act."

(2) The act of December 20, 1967 (P.L.869, No.385), knownas the "Public Works Contractors' Bond Law of 1967."

(3) The act of January 23, 1974 (P.L.9, No.4), referred toas 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 asthe "Contractor and Subcontractor Payment Act."

(6) 62 Pa.C.S. Chs. 37 Subch. B (relating to motorvehicles), 39 (relating to contracts for public works) and 45(relating to antibid-rigging).

(f) No person, consultant, firm or corporation contractingwith a county for purposes of rendering personal or professionalservices to the county shall share with any county officer oremploye, and no county officer or employe shall accept, anyportion of the compensation or fees paid by the county for thecontracted services provided to the county except under thefollowing terms or conditions:

(1) Full disclosure of all relevant information regardingthe sharing of the compensation or fees shall be made to theboard of commissioners.

(2) The board of commissioners must approve the sharing ofany fee or compensation for personal or professional servicesprior to the performance of said services.

(3) No fee or compensation for personal or professionalservices may be shared except for work actually performed.

(4) No shared fee or compensation for personal orprofessional services may be paid at a rate in excess of thatcommensurate for similar personal or professional services.

(g) (1) The board of commissioners may, in its solediscretion, elect to use an alternative contracting procedureto achieve the adaptive reuse of former jail facilities. If theboard of commissioners elects to utilize an alternativecontracting procedure, the board shall adopt a resolution thatthe use of an alternative contracting procedure is the mostefficient, economical and timely method to secure an adaptivereuse of former jail facilities. Upon adoption of a resolution,the board of commissioners shall request written proposals fromproposers for the adaptive reuse of former jail facilities underan alternative contracting method. In its request for proposals,the board shall include such terms, conditions and requirementswhich it deems necessary to protect the interests of the county.

(2) In reviewing and evaluating the proposals for theadaptive reuse of former jail facilities, the board ofcommissioners shall, in addition to compliance with the terms,conditions and requirements set forth in the request forproposals, 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 criteriadescribed above, the board of commissioners may, in itsdiscretion, select a proposal and award a contract to aresponsible proposer for the adaptive reuse of former jailfacilities under an alternative contracting procedure. The awardof a contract for the adaptive reuse of former jail facilitiesneed not be awarded to the lowest bidder.

(3) Any contract for the adaptive reuse for former jailfacilities awarded under this subsection shall be exempt fromand not be subject to sections 2517 and 2520 of this act or theact of May 1, 1913 (P.L.155, No.104), entitled "An actregulating the letting of certain contracts for the erection,construction, and alteration of public buildings."

(4) As used in this section, the following words and phrasesshall have the meanings given to them in this subsection:

"Adaptive reuse." The alteration, renovation, remodeling,modification or reconstruction of former jail facilities forreuse as courtrooms, office space or such other facilities anduses as the board of commissioners shall from time to time deemnecessary and appropriate.

"Alternative contracting procedure." A procedure under whicha proposer would be responsible for all aspects or phasesnecessary to achieve the development of a parcel of property.Such aspects or phases of development shall include, but notnecessarily be limited to, the planning, design, finance,construction and management of property. The term "alternativecontracting procedure" shall be similar in all respects to thecommonly understood term in the real estate development andconstruction industry known as a "turnkey."

"Former jail facilities." A building or group of buildingswith related facilities owned by a county of the second classwhich are more than one hundred years old and which werepreviously used as jail facilities.

"Proposer." A firm, organization or company or a combinationof firms, organizations or companies acting as a partnership,joint venture, consortium or similar joint relationship withsufficient knowledge, expertise and experience in the areas ofarchitectural design, construction, financing of real estatedevelopment 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 amendedsubsecs. (a) and (d), provided that Act 89 shall applyto contracts and purchases advertised on or after January1 of the year following the effective date of section 6.

Section 2001.1. Architects and Engineers Employed ProhibitedFrom Bidding on Public Works; Penalty.--It shall be unlawfulfor any architect or engineer, in the employ of any county, andengaged in the preparation of plans, specifications or

estimates, to bid or negotiate on any public work at any lettingof such work by the county, except that any such architect orengineer who shall have prepared preliminary plans only shallnot be prohibited from bidding or negotiating on the finalcontract for such work.

It shall be unlawful for the officers of any county chargedwith the duty of letting any public work, to award a contractto any such architect or engineer, in the employ of the countywho is in any way interested in any contract for public workfor the county or for any such architect or engineer to receiveany remuneration or gratuity from any person interested in suchcontract except under the terms and conditions as provided insection 2001(f).

Any person violating any of the provisions of this sectionshall forfeit his office, and shall be guilty of a misdemeanor,and on conviction thereof, shall be sentenced to pay a fine notexceeding five hundred dollars ($500), or to undergoimprisonment 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 aredesirous of presenting bids for county printing, shall berequired to establish consideration as responsible bidders byall of the following:

(1) That the printing firms shall file, with the chief clerkof the county commissioners, a sworn statement to the effectthat employes, in the employ of the firm or firms which are toproduce the printing, are receiving the prevailing wage rate,and are working under conditions prevalent in the locality inwhich the work is produced.

(2) That whenever a collective bargaining agreement shallbe in effect between an employer and employes who arerepresented by a responsible organization which is in no wayinfluenced or controlled by the management, the agreement andits provisions shall be considered as conditions prevalent inthe locality and shall be the minimum requirements for beingadjudged a responsible bidder under this act.

(3) That in case any dispute arises as to what is theprevailing rate of wages for work applicable to the contract,which cannot be adjusted by the county commissioners, the mattershall be referred to the county salary board and its decisionthereon 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 arereceived by employes of any printing firm or firms, in secondclass counties, as a result of collective bargaining agreementsnegotiated by an employer or employers with a responsibleorganization representing the employes. If the wage rates, soarrived at, vary in any district in such county, then anyprinting firm which pays wages at least equal to those providedfor in any of such agreements, shall, for the purposes of thisact, 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 intoany contract related to a redevelopment capital assistanceproject as provided under section 318 of the act of February9, 1999 (P.L.1, No.1), known as the "Capital Facilities DebtEnabling Act," which contains a provision requiring that aspecified percentage of a contracting party's work force beresidents 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 providedthat the addition of section 2003 shall be retroactiveto February 9, 1999.

Article XXISpecial Powers and Duties of the County

(a) Appropriations for Military Purposes

Section 2101. Appropriation of Money or Land for NationalGuard Armories.--(a) The board of commissioners may, eitherindependently or in connection with any other county or withany city, town, borough or township, provide and appropriatemoneys, or convey land to the Commonwealth of Pennsylvania, toassist the Armory Board of the State of Pennsylvania in theerection, 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 eminentdomain, or otherwise.

(b) The board of commissioners may also furnish water, lightor fuel, either or all, free of cost to the Commonwealth ofPennsylvania, for use in any armory of the National Guard, andmay do all things necessary to accomplish such purpose.

Section 2102. Appropriation for Maintenance of NationalGuard.--(a) The board of commissioners may appropriate,annually, from any moneys in the county treasury not otherwiseappropriated, a sum not exceeding seven hundred and fiftydollars ($750) for the support and maintenance, discipline andtraining of any dismounted company or similar unit of theNational Guard, and a sum not to exceed fifteen hundred dollars($1500) for the support and maintenance, discipline and trainingof any mounted or motorized troop or similar unit of theNational Guard. Where such units are organized as a battalion,regiment or similar organization, the total amount due may bepaid to the commanding officer of the battalion, regiment orsimilar organization.

(b) Any moneys so appropriated shall be paid by warrant ofthe commissioners, drawn to the order of the commanding officerof such company, battalion, regiment or similar organization,only when it shall be certified to the commissioners by theAdjutant General of the State that such unit or units havesatisfactorily passed the annual inspection provided by law.The moneys so appropriated shall be used and expended solelyand exclusively for the support and maintenance, discipline andtraining of the said company, battalion, regiment or similarorganization, and the commanding officer shall account, byproper vouchers to the county, each year, for the expenditureof the money so appropriated, and no appropriation shall bemade for any subsequent year until the expenditure of theprevious year is duly and satisfactorily accounted for.

(c) The accounts of such expenditures shall be subject tothe inspection of the Department of Military Affairs, and shallbe audited by the controller in the manner provided by law forthe audit of accounts of county moneys.

Section 2103. Appropriation to Rifle Clubs in Time ofWar.--(a) At any time a state of war exists, the board ofcommissioners may appropriate money to civilian rifle clubs,duly chartered by the National Rifle Association of the UnitedStates of America, for the maintenance and rental ofrifle-ranges, the employment of competent instructors and

necessary employes, and for the equipment and uniforms for themembers of such clubs who volunteer for special military dutyin the county or answer any call of the Governor of theCommonwealth.

(b) No moneys shall be appropriated to any such club unlesspractice on such rifle-range by the members of the club shallbe with the United States military rifle or arms approved bythe State Adjutant General.

Section 2104. Grants to Nonprofit Art Corporations.--Thecommissioners of each county may make grants annually, notexceeding an amount equal to one (1) mill of the real estatetax to nonprofit art corporations for the conduct of theirartistic and cultural activities. For the purposes of thissection nonprofit art corporation shall mean a local artscouncil, commission or coordinating agency, or any othernonprofit corporation engaged in the production or display ofworks of art, including the visual, written or performing arts.Artistic and cultural activities shall include the display orproduction of theater, music, dance, painting, architecture,sculpture, arts and crafts, photography, film, graphic arts anddesign and creative writing.

(2104 added Feb. 8, 1980, P.L.5, No.3)

(b) Burial of Deceased Service Personsand Widows

Section 2108. Definitions.--(a) The term "deceased serviceperson" as used in this subdivision shall mean and include:

(1) Any deceased person who, at the time of his or herdeath, was serving (whether or not in a combat zone) in theArmy, Navy, Air Force, Marine Corps, Coast Guard, or any women'sorganization officially connected therewith, during any war orarmed conflict in which the United States has been, is now, orshall hereafter be engaged, or who, at the time of his or herdeath, was serving in a zone where a campaign or state orcondition of war or armed conflict then existed, in which theUnited States was, is, or shall be a participant. The existenceof a campaign or state or condition of war or armed conflictand the participation of the United States therein, as well asthe fact that the deceased person served in a zone where suchcampaign or state or condition of war or armed conflict existed,shall, in each case, be established by the records of theDepartment of Defense of the Federal Government; or

(2) Any deceased person who had so served at any time duringhis or her life, and whose separation from such service washonorable, whether by discharge or otherwise, or who, at thetime of his or her death, was continuing in such service afterthe cessation of the war, armed conflict, campaign or state orcondition of war during or in which he or she served; or

(3) Any deceased person who was in active service in themilitia of the State of Pennsylvania under and in pursuance ofany 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 herebydefined as actual residence, coupled with intention that itshall be permanent, or a residence presently fixed with nodefinite intention of changing it or of returning to a formerresidence at some future period. Legal residence is to bedetermined by abode of person and his or her intention toabandon his or her former domicile and establish a new one. The

legal residence of a deceased service person shall be primafacie in the county where he or she made his or her abode atthe 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 tocontribute the sum of seventy-five dollars ($75) and maycontribute an additional sum of twenty-five dollars ($25)towards the funeral expenses of each deceased service personin the cases enumerated below, where in each case applicationtherefor is made within one year after the date of his or herdeath. In the case of any deceased service person who died whilein the service, application need not be made within one yearafter the date of his or her death, but may be made at any timethereafter. ((a) amended Dec. 29, 1971, P.L.658, No.173)

(b) Payments shall be made under the followingcircumstances:

(1) Where the deceased service person, at the time of hisor her death, had his or her legal residence in the county,whether or not he or she died in the county and whether or nothe or she was buried in the county. It is hereby declared tobe the intent of the General Assembly that every deceasedservice person having a legal residence in this Commonwealthat the time of his or her death shall be entitled to thebenefits of this section, regardless of where he or she mayhave died or where he or she may be buried, and that theliability therefor shall be on the county where the deceasedservice person shall have had his or her legal residence at thetime of his or her death.

(2) Where the deceased service person died and was buriedin the county, but at the time of his or her death did not havea legal residence within this Commonwealth, if the countycommissioners of the county where he or she died are notifiedin writing by any organization of veterans that the body isunclaimed by relatives or friends and upon investigation shallfind such condition to exist.

(3) Where a deceased service person has died while a memberof the Pennsylvania Soldiers' and Sailors' Home at Erie,Pennsylvania, and such home incurs all funeral expenses andburies the soldier in a cemetery in the City of Erie,Pennsylvania, or the home furnishes clothing, casket andshipping case and ships the body to the county from which hewas admitted to the home, the county from which he was admittedshall reimburse and pay to the Pennsylvania Soldiers' andSailors' Home the amount of seventy-five dollars ($75), or somuch thereof as was actually expended by the home.

Section 2110. Burial of Widows of Deceased ServicePersons.--Upon due application and proof, the county is herebyauthorized and directed to contribute the sum of seventy-fivedollars ($75), and may contribute an additional sum oftwenty-five dollars ($25) from the county funds towards thefuneral expenses of any widow of any male deceased serviceperson who, at the time of her death, had a legal residence inthe county, whether or not she died in the county and whetheror not she was buried in the county. The county shall notcontribute any moneys toward the funeral expenses of any suchwidow of a deceased service person who had remarried after thedeath of such deceased service person, nor unless applicationfor the payment of such moneys shall be made within one yearafter 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 providedthat section 2110 is repealed insofar as it isinconsistent with 1 Pa.C.S. § 2301(c) (relating toequality of rights based on sex).

Section 2111. Payment.--(a) It shall be the duty of thecounty to cause a warrant to be drawn upon the treasury of thecounty in the sum of seventy-five dollars ($75), or one hundreddollars ($100) if the additional sum of twenty-five dollars($25) is authorized, for each body buried in accordance withthe provisions of this subdivision, to be paid out of the fundsof the county, and such warrants shall be made payable to theapplicant or applicants if the application shows that thefuneral expenses have been paid; otherwise, to the undertakerperforming the services, with notice to the applicant.

(b) Application for such contribution shall be made by thepersonal representative of such deceased service man or deceasedservice man's widow, if there be such personal representative,and if no such personal representative has qualified, then byany next of kin, individual or veterans' organization who orwhich 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 theDepartment of Military Affairs, and shall set forth whether ornot the funeral expenses have been paid. The application shallhave attached thereto a certified copy of the death certificate,and a certificate by the undertaker who had charge of the burialof the body and to the effect that the undertaker did rendersuch 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 providedthat section 2111 is repealed insofar as it isinconsistent with 1 Pa.C.S. § 2301(c) (relating toequality of rights based on sex).

Section 2112. Notification to County Commissioners.--Thecoroners 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 anyprison, morgue, hospital, home or other public institution,having the control or custody of the body of the deceasedservice person whose body is entitled to be buried under theprovisions of this subdivision, shall immediately, upon thedeath or arrival of the body of such deceased service person,notify the county commissioners of the county wherein such deathoccurred or wherein such deceased service person shall have hadhis 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 totime, as they consider expedient, procure appropriate markersfor the graves of deceased service persons and the graves ofall other deceased persons who served in the Army, Navy, AirForce, Marine Corps, Coast Guard, Merchant Marine during WorldWar II or any organization officially connected therewith andwhose separation from such service was honorable, whether bydischarge or otherwise. Such markers shall be of cast bronze,aluminum or a suitable substitute material. ((a) amended June11, 2008, P.L.173, No.23)

(b) The county commissioners shall procure bronze, aluminumor suitable substitute material markers from some manufactureror manufacturers engaged in the manufacturing of the same, andin the contract for the furnishing thereof the manufacturer

furnishing the bronze markers shall warrant that the same aremade 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 June11, 2008, P.L.173, No.23)

(c) The manufacturer shall be liable to the county to anamount equal to the sum paid to him by the county for themarkers if the above proportions of metals are not containedin the markers.

(d) Nothing, except actual fraud on the part of the countycommissioners, shall render them liable for any amount if itis established that the markers are not composed of the metalsin the proportions above recited.

(e) No officer, trustee, association, corporation or personin control of any cemetery or a public burying ground shallhave the right to question the composition of such bronzemarkers, or to require that any of them be chemically analyzedbefore being placed in the cemetery, or under any circumstancesto refuse to permit the erection thereof in the cemetery orpublic burying ground, or to charge for making the foundationsfor the same more than is charged for making similar foundationsof the same proportions. Any person who violates any of theprovisions of this subsection shall, upon conviction thereofin a summary proceeding, be sentenced to pay a fine of not lessthan ten dollars ($10) nor more than one hundred dollars ($100)for each offense.

(f) The county commissioners of the county are herebyauthorized and directed to place a marker upon the grave ofeach deceased service person and the graves of all otherdeceased persons who served in the Army, Navy, Air Force, MarineCorps, Coast Guard, Merchant Marine during World War II or anyorganization officially connected therewith and whose separationfrom such service was honorable, whether by discharge orotherwise, who, at the time of his or her death, had his or herlegal residence in the county, whether or not he or she diedin the county and whether or not he or she was buried in thecounty, and upon the grave of each deceased service personburied in the county who, at the time of his or her death, didnot have a legal residence within this Commonwealth. When suchdeceased service person shall have been a veteran of any waror campaign for which the Government of the United States issueddischarge buttons, the markers designated for their graves shallinclude a facsimile of said discharge button. When such markersare upright flag holders they shall consist of cast bronze orany other weather resistant material. When such deceased serviceperson shall have been a veteran of the Korean Conflict, themarkers designated for their graves shall include a circularemblem with the words "Korea, U.S., 1950-1953" in the borderthereof, and shall incorporate the insignia of the Army, Navy,Marine Corps, Air Force, and Coast Guard, in the form approvedby the Veterans' Commission. In lieu of placing an upright flagholder on the grave, if the next of kin of a veteran sorequests, a memorial certificate may be issued to thenext-of-kin of a deceased service person who at the time of hisor her death had his or her legal residence in the county,whether or not he or she died in the county and whether or nothe or she was buried in the county. The memorial certificateshall indicate the deceased service person's name and designatethe war or campaign in which the deceased service personserved. ((f) amended June 11, 2008, P.L.173, No.23)

(g) It shall be the duty of the county commissioners of thecounty 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 applicationas hereinafter provided, to cause a headstone or bronze memorialtablet to be placed at the head of or on the grave of each suchdeceased service person and the graves of all other deceasedpersons who served in the Army, Navy, Air Force, Marine Corps,Coast Guard, Merchant Marine during World War II or anyorganization officially connected therewith and whose separationfrom such service was honorable, whether by discharge orotherwise. ((g) amended June 11, 2008, P.L.173, No.23)

(h) Each headstone shall contain his or her name and therank and organization to which he or she belonged or in whichhe or she served, in letters raised or cut in at leastthree-sixteenths of an inch deep. The headstone shall be ofeither marble or granite and shall be placed or set in aconcrete base at least three feet deep, or if a headstone hasbeen provided for such grave by the United States Government,the county commissioners shall provide the concrete basetherefor, or if lettering only on an existing memorial isdesired by the family, the county commissioners shall providesuch lettering.

(i) In the event the body of any deceased service personeither cannot or will not be returned to the United States ofAmerica, it shall be the duty of the county commissioners tocause a headstone to be placed in the family plot of suchdeceased service person. Said headstone shall have inscribedtherein: (1) the name, rank and organization of such deceasedservice person; (2) the name of the country, location or mannerin which such person lost his or her life; and (3) the cemeteryor location in which the body, if buried, was finally laid torest. Application therefor shall in each case be made on formsprescribed by the Department of Military Affairs, and may bemade by any relative of the deceased service person, or by afriend if there is no objection by the nearest relative. Eachapplication must be approved by an organization of veterans ofany war in which the United States has been, is now, or shallhereafter be engaged.

(j) The expense in each case shall be borne by the countyin which the deceased service person had his or her legalresidence at the time of his or her death, whether or not heor she died in the county and whether or not he or she wasburied in the county. The expense shall not exceed the sum ofone hundred dollars ($100) for each headstone or concrete baseor lettering or bronze memorial tablet, and the countycommissioners of the county, acting under this section, shallcause to be drawn a warrant on the treasury of the county forthe payment of said expense in favor of the party or partiesfurnishing such headstone or concrete base or lettering orbronze memorial tablet. ((j) amended May 3, 1965, P.L.27, No.25)

(k) In cases of dispute concerning the legal residence ofa deceased service person, the county in which a deceasedservice person is buried shall perform the duties hereinbeforeset forth. No such payment or payments shall be made unless theapplication therefor shall be approved, before the commencementof the project, by the county commissioners.

(l) Any person who shall wilfully, maliciously or carelesslydestroy, mutilate, remove or deface any grave marker orheadstone placed or erected under the provisions of this sectionshall be guilty of the grade of offense in relation to thedollar amount of the theft or damage done in accordance withl8 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 ofthe county are hereby authorized to purchase plots of groundin any cemetery or burial ground in the counties for theinterment of deceased service persons whose bodies are entitledto be buried under the provisions of this subdivision, and tocause to be drawn a warrant upon their county treasury for thepayment of the same. The purchase price of said plots of groundshall not be charged against or allotted as part of the costof burial of such deceased service persons who may be buriedin any of said plots under the provisions of this subdivision.

Section 2115. Care of Graves and Markers.--The countycommissioners of the county shall at all times see that thegraves and tombstones of all deceased service persons who areburied in such county receive proper and fitting care, and mayemploy all necessary assistance to carry out the provisions ofthis section. The expense of the care of such graves andtombstones shall be borne by the county where said graves arelocated, except where suitable care is otherwise provided. Moneyso appropriated may be expended directly by the countycommissioners or paid over to the person, firm, association orcorporation owning or controlling any cemetery or burial placein the county where any such grave is situated. The sum so paidover in any year shall not exceed, for each grave, the chargefor the annual care and maintenance of like graves in the samecemetery, or if no such fixed charge is established in thatcemetery, it shall not exceed the sum charged in othercemeteries in the same county for like service.

Section 2116. Proof of Service, Et Cetera.--(a) In eachcase where application is made for a contribution towards thefuneral expenses of a deceased service person or the widow ofa deceased service person or for a headstone or concrete baseor lettering or bronze memorial tablet, the county commissionersshall, before expending any money therefor, require proof ofthe following facts:

(1) The service of the deceased service person whichentitles him or his widow to the benefits of this subdivision.Such proof shall be by the production of an honorable dischargeor other official record showing service during any war in whichthe United States is or was engaged, or by the records of theDepartment of Defense of the Federal Government or by copiesthereof filed in the Department of Military Affairs, showingthe existence of a campaign or state or condition of war, theparticipation of the United States therein, and the service ofthe deceased service person in a zone where such campaign orstate 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 shewas married to the deceased service person at the time of hisdeath and that she has not since remarried. The proof requiredby clauses one and two of this subsection shall also be requiredin such cases.

(4) Except in cases where persons not having a legalresidence within this Commonwealth are entitled to any of thebenefits of this subdivision, the legal residence within thecounty of the deceased service person or of the widow of adeceased service person, as the case may be.

(b) Death shall in all cases be proved by death certificatewhere the same is procurable; otherwise, by affidavit of oneor more persons personally acquainted with the deceased and thefact of his or her death, or by proof of the record of deathkept by the attending physician, or by proof of the record of

burial kept by the undertaker by whom he or she was buried orby the church burial association or cemetery company maintainingthe graveyard, burial ground or cemetery in which he or she wasburied.

(c) Where any proof required by this subdivision has beenfurnished to the county commissioners, no further proof of thesame facts shall be required in order to obtain any otherbenefit under the provisions of this subdivision.

Compiler's Note: Section 9(c) of Act 173 of 1978 providedthat section 2116 is repealed insofar as it isinconsistent with 1 Pa.C.S. § 2301(c) (relating toequality of rights based on sex).

(c) Memorial Observances

Section 2121. Appropriations to Veterans' Organizations forExpenses of Memorial Day and Veterans' Day.--(a) The board ofcommissioners may appropriate, annually, to each camp of theUnited Spanish War Veterans, and to each post of the AmericanLegion, and to each post of the Veterans of Foreign Wars, andto 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 GrandArmy of the Republic, and to each post of the Italian AmericanWar Veterans of the United States, Incorporated, and to eachpost of the Disabled American Veterans of the World War, andto each organization of American Gold Star Mothers, and to eachorganization of ex-service men incorporated under the act ofApril 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 indefraying the expenses of Memorial Day and Veterans' Day.

(b) Where the Grand Army of the Republic has ceased to existor to function, such appropriation may be made to the Sons ofUnion Veterans of the Civil War, Daughters of Union Veteransof the Civil War, or, in the absence of such orders, to a dulyconstituted organization which conducts the decorating of gravesof Union Veterans of the Civil War.

(c) Such payments shall be made to defray actual expensesonly. Before any payment is made the organization receiving thesame 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 governing body of the county to provide flagson each Memorial Day with which to decorate each grave of adeceased service person and each grave of other deceased personswho served in the Army, Navy, Air Force, Marine Corps, CoastGuard or Merchant Marine during World War II or any organizationofficially connected to those forces, whose separation fromservice was honorable, whether by discharge or otherwise, andwho are interred within the county. The flags to be used shallbe standard size, colorfast and American made and shall bepurchased at the expense of the county from money in the countytreasury.

(b) A family member of a person whose grave is decoratedwith a flag by the county for the purpose of Memorial Day maytake and keep the flag after the first working day afterVeterans Day.

(c) The county may coordinate with local veterans'organizations to ensure that cemeteries are decorated incompliance with this section. Flags shall be furnished to the

various veterans' organizations in an amount needed for therespective communities. Notwithstanding subsection (a), acemetery may remove flags as part of the cemetery's normalcourse of maintenance not before the first working day afterIndependence Day, but prior to Veterans Day, provided that thecemetery makes the flags available to family members, veterans'organizations or other community organizations for the purposeof decorating graves in recognition of Veterans Day.

(d) Money expended by the county under this section shallbe in addition to money appropriated by the county for MemorialDay purposes.

(e) Annually, the authority in charge of each cemetery isauthorized to remove a flag when the flag has become unsightlyor weatherworn any time on or after the first working day afterVeterans Day. Prior to Veterans Day, a cemetery may requestreplacement flags from the county which may be used by thecemetery to replace weatherworn flags, if replacement flags areavailable.

(f) A cemetery may remove flag holders for annual storageupon the authorized removal of flags under subsections (c) and(e).

(g) Except as provided under this section, a person, otherthan a family member removing the flag from a deceasedrelative's grave, who removes or causes the removal of flagsprior to the first working day after Independence Day shall beguilty of a summary offense and, upon conviction, shall besentenced to pay a fine of three hundred dollars ($300). Aperson who fails to pay a fine assessed under this section shallbe sentenced to prison for a term not to exceed ninety days.

(h) A cemetery or an owner, employee, agent or contractorof a cemetery who removes or causes the removal of a flag, gravemarker, headstone, flag holder or other memorial in good faithin the course of maintenance, repair or mitigation of damageshall not be subject to subsection (g) or section 2113(l).

(2122 amended Nov. 17, 2021, P.L.442, No.89)Section 2123. Compilation of War Records; Director of

Veterans' Affairs.--(a) The county commissioners of the countyare hereby authorized and directed, at the expense of thecounty, to compile a record of the burial places within suchcounty of deceased service persons. Such record, so far aspracticable, shall indicate the name of each such person, theservice in which he or she was engaged, the number of theregiment or company or command, the rank and period of service,the name and location of the cemetery or other place in whichhis or her body is interred, the location of the grave in suchcemetery or other place, and the character of headstone or othermarker, if any, at such grave. Such record shall be known asthe Veterans' Grave Registration Record of ............. County,and shall be a public record open to inspection during businesshours.

(b) The county commissioners of the county shall causerecord blanks to be prepared according to forms prescribed bythe Department of Military Affairs, whereby the informationrequired for such record may be transmitted to them.

(c) Every person, firm, association or corporation,including a municipal corporation, owning or controlling anycemetery or burial place within the Commonwealth in which areinterred the bodies of deceased service persons, shall filewith the county commissioners of the county in which suchcemetery is located, a certificate, on the record blanksprovided by said county commissioners, of the facts requiredfor such record, as far as the same are within the knowledge

of such person, firm, association, corporation, or the agentsthereof.

(d) The county commissioners shall cause record blanks tobe distributed to such persons, firms, associations andcorporations, as they deem advisable, with the request thatsuch information be transmitted to them. Any such person, firm,association or corporation, except municipal corporations, uponreceipt of such blanks or forms, who shall refuse or neglectto fill out and transmit to the county commissioners such blanksor forms within six months after receipt of same, uponconviction thereof in a summary proceeding, shall be sentencedto pay a fine of one hundred dollars ($100).

(e) For the purpose of locating the burial places of personswho have served in the military or naval service or otherbranches of the combative forces of the United States duringany war or armed conflict in which the United States wasengaged, the Grand Army of the Republic, the United Spanish WarVeterans, the Veterans of Foreign Wars of the United States,the American Legion, the Disabled American Veterans, theAmerican Veterans of World War II (AMVETS), the Marine CorpsLeague, and the Italian American War Veterans of the UnitedStates, Incorporated, through their local camps, posts andbranches in this Commonwealth, are authorized, without expenseto the county, to collect the required data and prepare andfile with the county commissioners certificates embodying theinformation provided for in this section. ((e) amended June 19,1961, P.L.461, No.231)

(f) For the purpose of carrying into effect the provisionsof this section, the county commissioners shall appoint adirector of veterans affairs, who shall receive suchcompensation as the salary board may fix.

(g) It shall also be the duty of the director of veteransaffairs to:

(1) Assist the county commissioners in administering theprovisions of this subdivision which relate to the burial ofdeceased service persons and their widows and to furnishingmarkers and placing headstones on their graves.

(2) Assist war veterans and their families in securing theirrights as such in matters relating to their person, propertyand care of family, under any of the laws of this Commonwealthand of the United States, and for such services the directorof veterans affairs shall be entitled to his expenses incurredtherein and additional compensation. Both expenses andcompensation shall be subject to the approval of the salaryboard or the county commissioners, as the case may be.

(3) Assist the county commissioners in transmitting recordsof burial places of deceased service persons to the Departmentof Military Affairs of the Commonwealth, for the use of theDeputy Adjutant General in charge of Veteran Affairs, andotherwise assist the commissioners in cooperating with the saidDeputy.

Compiler's Note: Section 9(c) of Act 173 of 1978 providedthat section 2123 is repealed insofar as it isinconsistent with 1 Pa.C.S. § 2301(c) (relating toequality of rights based on sex).

(d) County Histories

Section 2128. County History.--The county commissioners ofthe county, either independently or in connection with any othermunicipality or municipalities within their county or any

society or organization, may appropriate money for thecompilation of a county war history or any general history orhistorical account related to the history records and governmentof the county, and for the publication and distribution of thesame.

Section 2129. Payment to Historical Societies.--The boardof commissioners may pay, out of the county funds not otherwiseappropriated, a sum of money not exceeding four thousand dollars($4000) annually to the county historical society, to assistin paying the running expenses thereof. If there is more thanone such society in the county, such payment may be made onlyto the oldest society. Where any such society is comprised ofresidents of more than one county, the commissioners of saidrespective counties may jointly pay said sum in such proportionas they shall agree.

No such appropriation shall be renewed until vouchers havebeen filed with the commissioners showing that the appropriationfor any prior year has been expended for the purpose hereindesignated.

(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 followingconditions shall have been first complied with. It shall havebeen organized at least two years, incorporated by the properauthority, and have an active membership of one hundred or morepersons, each of whom shall have paid into the treasury of saidsociety a membership fee of at least two dollars ($2) for thesupport of the same. It shall hold at least two public meetingsyearly, whereat papers shall be read or discussions held onhistoric subjects. It shall have established a museum whereinshall be deposited curios and other objects of interest, books,documents and papers relating to the history of the county orCommonwealth. It shall have adopted a constitution and code ofby-laws and elected proper officers to conduct its business.

(e) Animal and Plant Husbandry

Section 2135. Appropriations to Societies for Preventionof Cruelty to Animals.--The board of commissioners mayappropriate moneys toward the maintenance of any organizationor society, incorporated under the laws of this Commonwealth,for the prevention of cruelty to animals and which, for a periodof at least two years prior to the making of such appropriation,shall have been engaged in carrying out the purposes of itsincorporation, in whole or in part, within said county.

Section 2136. Cooperative Extension Work in Agriculture andHome Economics.--The board of commissioners may makeappropriations annually for agricultural and home economicsextension work, in cooperation with the Pennsylvania StateUniversity, to encourage economic and social development in thecounty. An educational program will be conducted to include thebody of scientific knowledge in agriculture, family living, andresource development and to encourage application of the same.The money so appropriated shall be expended according to rulesand regulations prescribed or approved by the board ofcommissioners. The board of commissioners may also, wherepracticable and desirable, provide offices in the county courthouse 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 makeappropriations annually out of the current revenues of the

county to any incorporated agricultural or horticultural societyor association located within the county. The total amount ofany such appropriation in any one county shall not exceedfifteen hundred dollars ($1500) in any one year. Where morethan one such society or association is located in the county,the amount appropriated may be distributed and divided amongsaid societies and associations in such proportions and suchamount as the board of commissioners, in its discretion, maydetermine.

Section 2138. Suppression of Animal and Plant Diseases.--Theboard of commissioners is hereby authorized to makeappropriations from county funds for the purpose of controllingand suppressing dangerous infectious disease of livestock andpoultry and dangerous plant diseases and insect pests anddiseases to honeybees, in cooperation with the Department ofAgriculture of Pennsylvania.

For the purpose of carrying out the provisions of thesection, the board of county commissioners may enter intoagreements with the Pennsylvania Department of Agricultureconcerning terms, rules, regulations and practices forconducting the work.

(f) Communications

Section 2143. Appropriations for Radio BroadcastingStation.--The board of commissioners of the county mayappropriate annually a sum not in excess of five hundred dollars($500) for the purpose of assisting any naval reserve unit oramateur radio league in maintaining, equipping and operating ashort wave radio broadcasting station, which shall be availableat all times for public use in the event of emergency ordisaster.

(g) Prevention and Control of Floods

Section 2147. Prevention and Control of Floods.--(a) Theboard of commissioners may borrow, appropriate and expend money,and may acquire by purchase or dedication real property, or anyinterest therein, for the purpose of cleansing, regulating,improving and controlling rivers, streams and other bodies ofwater and storm water drainage systems lying within theboundaries of the county, either in whole or in part, for theprevention and control of floods. They may make contracts andexpenditures for the cleansing, maintaining, regulation,improvement and control of such waters and drainage systems andfor the prevention and control of floods by storage or retainingreservoirs, or otherwise, in parts of such waters beyond thelimits of the county or of the Commonwealth, when, in theirjudgment, such expenditures may be necessary and for the benefitof the county. ((a) amended Mar. 28, 1956, 1955 P.L.1353,No.427)

(b) The commissioners may also make appropriations andexpenditures for the purpose of investigating and examining orfor assisting in the investigation and examination of thecondition of such waters, within or without the bounds of thecounty or of the Commonwealth, for the purpose of facilitatingthe ends aforesaid.

(c) The commissioners may enter into such arrangements andagreements with the Secretary of Defense or other publicauthorities empowered to act in the premises under any law ofthe United States or of this or any other State, as may benecessary and proper for such purposes, with a view to

harmonious and efficient action and proportionate contributionas nearly as may be arrived at or be practicable.

(d) In exercising the powers herein conferred, the countycommissioners may, in their discretion, subject to thelimitation of the Constitution, issue interest bearing bondsof the county in accordance with the provisions of the MunicipalBorrowing Law.

(h) Aid to Fire Fighting Departments and Companies

Section 2152. Fire Training Schools.--The countycommissioners may appropriate annually funds to lawfullyorganized or incorporated county or regional firemen'sassociations to establish, equip, maintain and operate firetraining schools or centers for the purpose of givinginstruction and practical training in the prevention, controland fighting of fire and related fire department emergenciesto the members of paid fire departments and volunteer firecompanies in any city, borough, town or township within thecounty.

Whenever a firemen's association is comprised of two or morecounties or contemplates operation of a regional school in twoor more counties, the county commissioners of each county mayappropriate funds to the association.

(2152 amended July 9, 1970, P.L.460, No.159)

(i) Utilities

Section 2155. Drilling Gas Wells and Laying GasLines.--(a) The board of commissioners may contract for thedrilling of gas wells upon any lands owned by the county forthe purpose of furnishing gas for light and fuel to the countybuildings and for other purposes. For that purpose, they mayalso contract for the laying of gas lines equipped with suchmodern appliances and machinery as may be necessary.

(b) All such contracts, including contracts for the buildingof rigs or derricks and the purchase of machinery, shall bemade by the county commissioners in the manner provided for inarticle twenty of this act.

Section 2156. Contracts for Relocation, Change or Elevationof Railroads.--Subject to the provisions of the Public UtilityLaw, the board of commissioners may enter into contracts withany railroad companies whereby the said railroad companies mayre-locate, change or elevate their railroads within the countyin such manner as, in the judgment of the board, may be bestadapted to secure the safety of lives and property and promotethe interest of the county. For such purpose, the board shallhave power to do all acts that may be necessary and proper toeffectually carry out such contracts.

Section 2157. County May Assist Municipalities.--Upon therequest of any political subdivision or subdivisions within thecounty, the county may assist such political subdivision in anynegotiations or contest with any public utility company, andfor such purpose may employ or place at the disposal of suchpolitical subdivision the legal, engineering, accounting orclerical service of the county. The county commissioners of thecounty may also enter their appearance as interveners orotherwise in any proceedings before the Public UtilityCommission or before any court in any proceeding involving anycontroversy between any political subdivisions in the countyand a public utility company.

(j) Law Libraries

Section 2162. Appropriations for Law Libraries.--(2162repealed Apr. 28, 1978, P.L.202, No.53)

(k) Rewards

Section 2171. Rewards for Detection or Apprehension ofCriminals.--The board of commissioners, when they deem the sameexpedient, may offer such reward, in addition to that authorizedby law, as in their judgment the nature of the case requires,for the detection or apprehension of any person charged withor perpetrating any felony or misdemeanor, or aiding or abettingthe same. Upon the conviction of such person, the countycommissioners may pay such reward out of the county treasury,but in no case shall the owner of any stolen property beentitled to any of the reward for the detection or apprehensionof the person guilty of the larceny. In cases of misdemeanor,the county commissioners must have the approval of the presidentjudge of the court of common pleas of the county before offeringor paying such reward.

(l) Garbage and Refuse Disposal

Section 2175. Garbage and Refuse Disposal in CountyPlants.--The county commissioners of the county shall have thepower to operate garbage and refuse disposal plants orfacilities, sanitary land fills and incinerating furnaces, andto enter into agreements or contracts with any person,corporation or political subdivision for the disposal of garbageand refuse in such facilities and sanitary land fills erectedand maintained by the county, as provided in article twenty-fiveof this act, and to charge and receive fees for such service.

Section 2176. Garbage Disposal.--For the purpose and withinthe meaning of this act, the following definitions shall obtain:

"Adequate provision for drainage" means closed or covereddrains leading from floors, depositories of garbage, refuse orwaste into a cesspool or cesspools, sewer and treatment works.

"Adequate water supply" means a head and source of water ofsufficient force, pressure and volume, when directly applied,to completely flush out and clean all floors, drains,receptacles, depositories, equipment and implements used in theconduct of a garbage disposal plant, as often as may benecessary to keep the same clean and sanitary at all times.

"Cesspool" means a hole dug below the surface of the groundadequate to dispose of all liquids emanating from a garbagedisposal plant, with a device for absolutely sealing suchcesspool at the top.

"Garbage" means the animal or vegetable refuse from thestorage, vending, transportation, sale, preparation or use offoodstuffs, such as meats, fish, fowl, fruits or vegetables,or any other organic substance or substances subject tofermentation or decay.

"Garbage disposal plant" means any place where garbage isdumped, spread, mixed, stored, incinerated, reduced, treated,buried, or otherwise disposed of.

"Impervious material" means any material which shall makeand maintain the floors, depositories of garbage and waste atall 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 anyagent, servant, assistant, employe, or representative thereof.

"Waters of the Commonwealth" means all streams and springsand all bodies of surface and of ground water, whether naturalor artificial, seasonal or constant, within the boundaries ofthe Commonwealth.

Section 2177. License for Disposal Plant.--It shall beunlawful for any municipality or person to keep, maintain orconduct a garbage disposal plant without a plant license fromthe county commissioners as in this act provided. It shall alsobe unlawful for any municipality or person to construct agarbage disposal plant within the county until the plans andspecifications therefor have been submitted to and approved bythe county commissioners and a plant license has been issuedby the county commissioners authorizing such municipality orpersons to keep, maintain or conduct such garbage disposal plantupon its construction: Provided, however, That the provisionsof this section shall not apply to a garbage disposal plantconstructed by or for the use of a municipality within itsboundaries.

Section 2178. Application for License.--Every municipalityor person desiring to construct, keep, maintain or conduct agarbage disposal plant within the county shall file anapplication for such plant license with the countycommissioners: Provided, however, That none of the provisionsof this section shall apply to a garbage disposal plant now orhereafter constructed by or for the use of a municipality withinits boundaries. The application shall be on a form prescribed,prepared and furnished by the county commissioners and, togetherwith such other information as the county commissioners shallrequire, 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 applicationthe plans and specifications pertaining to such construction.

Section 2179. Issuance of License; Fee; Refusal orRevocation.--Upon receipt of an application for a plant license,the county commissioners shall cause such investigation as itshall deem necessary to be made of the location and premiseswhere the garbage disposal plant is desired to be constructed,kept, maintained or conducted, and shall make a study of theplans and specifications pertaining to the proposed constructionof any garbage disposal plant. The county commissioners shall,when satisfied that the place to be used as a garbage disposalplant is a suitable place for such purpose and is properlyequipped therefor and when all the requirements of this act andthe rules and regulations of the county commissioners shall becomplied with, issue a plant license to the applicant, upon thepayment of a license fee of one hundred dollars ($100), exceptwhen the applicant is a municipality, which shall be paid intothe county treasury. A plant license issued to a municipalityshall be without the payment of a fee.

All plant licenses issued by the county commissioners underthis act shall expire on the first day of June next followingthe day on which issued, unless sooner revoked or suspended,shall be on a form prescribed by the county commissioners, shallnot be transferable, shall be issued only for the premises namedin the application, shall be posted in a conspicuous place onthe applicant's premises, and may be renewed from year to yearupon application and payment of license fee as in theprocurement of an original license. Applications for renewalof plant licenses shall be mailed to license holders by thecounty commissioners at least thirty days before the expirationdate of such licenses.

The county commissioners may refuse to grant a plant licenseor may suspend or revoke a license if the applicant or licenseedoes not meet or conform to the requirements of this act andthe rules and regulations of the county commissioners authorizedby this act. Before the county commissioners shall refuse togrant such a license or shall suspend or revoke a license, theyshall afford the applicant or licensee an opportunity to beheard, and shall give at least five days' written notice of thehearing to the applicant or licensee by registered letter sentto the address set forth in the application.

Section 2180. Transportation License for Vehicles.--It shallbe unlawful for any person to transport or cause to betransported any garbage over any public highway in the countyin any vehicle unless such person has applied to and receivedfrom the county commissioners of the county, as in this actprovided, a transportation license in respect of such vehicle.Such license shall be in the possession of the driver of suchvehicle at all times when garbage is being transported thereinand until such vehicle has been thoroughly flushed out andcleaned after transporting garbage, and shall be exhibited toany county or municipal police officer, county road caretaker,constable, deputy constable, or other peace officer, or officerinvested with the powers of a peace officer, upon his request.

Section 2181. Application for Transportation License.--Everyperson desiring to transport garbage in any vehicle within thecounty shall file an application for a transportation licensein respect of such vehicle with the county commissioners of thecounty, upon a form prescribed, prepared and supplied by thecounty commissioners, which, together with such otherinformation as the county commissioners shall require, shallcontain:

(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 contractsfor the collection of garbage;

(f) The place where and the method by which the applicantproposes to dispose of the garbage hauled and the persons withwhom the applicant has contracts for the disposal of garbage.

Section 2182. Inspection by County Commissioners; Refusalor Revocation of Transportation License.--Upon receipt of anapplication for a transportation license in respect of anyvehicle, the county commissioners shall cause to be made suchinspection thereof as they shall consider necessary, and ifsatisfied that the vehicle is properly equipped and suitable

for the purpose and that the rules and regulations of the countycommissioners have been and will be complied with, shall issuea transportation license in respect of such vehicle, upon thepayment of a license fee as follows:

(a) If the applicant for the transportation license is thelicensee under a plant license for a garbage disposal plantsituated within the county where the application for thetransportation license is made, the transportation license feeshall be one dollar ($1).

(b) If the applicant for the transportation license is notthe licensee under any plant license from the county, but thegarbage which the applicant proposes to transport originatesupon the applicant's own premises as an incident only of theprosecution of another business in which the applicant isprincipally engaged, the transportation license fee shall befive dollars ($5).

(c) If the applicant for a transportation license is amunicipality, the transportation license shall be issued withoutthe payment of a fee. No license, however, shall be requiredfor a municipality to transport garbage solely within its ownboundaries.

(d) In all other cases, the transportation license fee shallbe ten dollars ($10).

All transportation licenses issued by the countycommissioners under this act shall expire on the first day ofJune next following the date on which issued, unless soonerrevoked or suspended, shall be in a form prescribed by thecounty commissioners, shall not be transferable from one personto another, shall not be transferable from one vehicle toanother, except by action of the board of county commissioners,which action shall be evidenced by the issuance of a new licensecertificate properly describing the vehicle to which the licenseis transferred, after surrender of the old license certificate,and may be renewed from year to year upon application andpayment of the license fee as in the procurement of an originallicense. Applications for renewal of transportation licensesshall be mailed to license holders by the county commissionersat least thirty days before the expiration date of suchlicenses.

The county commissioners may refuse to grant a transportationlicense or may suspend or revoke such a license if the applicantor licensee does not meet, observe or conform to therequirements of this act and the rules and regulations of thecounty commissioners authorized by this act. Before the countycommissioners shall refuse to grant such a license or shallsuspend or revoke a license, they shall afford the applicantor licensee an opportunity to be heard, and shall give at leastfive days' written notice of the hearing to the applicant orlicensee by registered letter addressed to the applicant orlicensee at the address set forth in the application.

Section 2183. Municipalities Not to Contract with UnlicensedPersons.--No municipality in the county shall enter into acontract for the collection, transportation or disposal of itsgarbage with any person or municipality who or which has notsecured proper licenses from the county commissioners under theprovisions herein. The provisions of this section shall notapply where the collection, transportation or disposal ofgarbage is carried on wholly within the boundaries of amunicipality so contracting.

Section 2184. Unlawful Disposal; Dumping Grounds.--Nomunicipality 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, deadanimals, decaying matter or organic waste substance of any kindin any ravine, ditch or gutter, on any street or highway, intoany waters of the Commonwealth, or permit the same to remainexposed upon the surface of the ground.

No person or municipality shall use or permit his or itsproperty or property occupied by him in the county to be usedas a dumping ground or place of disposal for garbage or wastefrom any garbage disposal plant.

Nothing contained in this section, however, shall beconstrued so as to interfere with bona fide use of recognizedfertilizers for legitimate agricultural purposes.

Section 2185. Suppression of Noxious Odors.--No person ormunicipality who keeps, maintains or conducts a garbage disposalplant in the county shall allow any noxious exhalations, odorsor gases that are or may be deleterious or detrimental to publichealth or are vile or offensive to escape into the air, or anysubstance that is deleterious or detrimental to public healthto accumulate upon the premises or be thrown or allowed todischarge into any street, roadway or public place, or be thrownor allowed to discharge into any stream or other waters of theCommonwealth.

Section 2186. Water Supply; Drainage; FloorConstruction.--All garbage disposal plants in the county shallhave an adequate water supply for the purpose of keeping theplace clean and sanitary at all times. All floors shall beconstructed of concrete or other impervious material, and shallhave adequate provision for drainage to a cesspool, to a seweror treatment works approved by the commissioners.

Section 2187. Examination and Inspection of Plants.--Thecounty commissioners shall have the power to visit, examine andinspect all garbage disposal plants and all vehicles licensedunder the provisions herein and all places where such vehiclesare kept, stored or garaged. The county commissioners shallhave free and full access to the grounds, premises and buildingsof any garbage disposal plant licensed under the provisionsherein and any such vehicles' storage place, and all licenseesor their employes are hereby directed to give to thecommissioners such means, facilities and opportunity for suchvisitation, examination and inspection as is hereby providedand required.

Section 2188. Existing Ordinances Saved from Repeal.--Theprovisions herein and the regulations made hereunder shall notbe taken or deemed to repeal existing municipal ordinances, orto prevent municipalities from enacting and enforcing newordinances for the further protection of the public health:Provided, That the provisions herein shall be considered asestablishing minimum requirements and regulations, and thatnothing herein contained shall be deemed to preventmunicipalities from ordaining and enforcing such additionalrequirements, in excess of the requirements and regulationshereunder, as may be deemed necessary from time to time for thepreservation of public health, and to require applications from,and to issue licenses to, such persons as may be defined bylocal ordinances.

Section 2189. Rules and Regulations.--The countycommissioners are hereby authorized to adopt and promulgaterules and regulations which, in its judgement, are necessaryfor the proper administration and enforcement of this act.

Section 2190. Plant as Nuisance.--Any garbage disposal plantin the county, kept, maintained or conducted in violation of

the provisions herein, is hereby declared to be a public orcommon nuisance.

Section 2191. Penalties.--Any person violating theprovisions of this act shall, upon summary conviction before amayor, 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 thenonpayment thereof shall undergo imprisonment in the countyjail for a term of not more than thirty (30) days: Provided,That any person so convicted shall have the right of appeal asin other cases of summary conviction: Provided also, That theCommonwealth shall have the right of appeal to the appropriateappellate court in all prosecutions arising out of the violationof the provisions contained herein. The fines collectedhereunder, 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 providedthat any and all references in any other law to a"district justice" or "justice of the peace" shall bedeemed to be references to a magisterial district judge.

Section 2192. Action to Abate Nuisance or Enjoin UnlicensedPlants.--At the instance of the county commissioners, an actionto enjoin any nuisance defined in section 2190, or to enjoinany person or municipality from constructing, keeping,maintaining or conducting a garbage disposal plant without alicense, as provided for herein, may be brought in the name ofthe county by the district attorney of the county where suchnuisance exists, or where such person or municipality proposesto, or has constructed or proposes to, or is keeping,maintaining or conducting a garbage disposal plant without alicense. Such action shall be brought and tried as an actionin equity, and may be brought in the court of common pleas ofthe county where such nuisance exists, or where such person ormunicipality proposes to, or has constructed or proposes to,or is keeping, maintaining or conducting such garbage disposalplant without a license. If it is made to appear by affidavitor otherwise to the satisfaction of the court that such anuisance exists, or that such person or municipality proposesto, or had constructed or proposes to, or is keeping,maintaining or conducting a garbage disposal plant without alicense, a temporary writ of injunction shall forthwith issuerestraining the defendant from conducting or permitting thecontinuance of such nuisance, or from constructing or keeping,maintaining or conducting such garbage disposal plant, untilthe conclusion of the proceedings. No bond shall be requiredin instituting such proceedings. If, after hearing, the courtshall find such nuisance to exist, or that such person ormunicipality proposes to, or has constructed or proposes to,or is keeping, maintaining or conducting a garbage disposalplant without a license, it shall forthwith enter a final decreeordering such nuisance to be abated, or enjoining such personor municipality from constructing, or from keeping, maintainingor conducting such garbage disposal plant without a license.This section, insofar as it applies to the practice andprocedure in actions in equity, is suspended insofar as itrelates to venue by the Rules of Civil Procedure governing theAction in Equity.

Section 2193. Garbage Disposal Plants and Garbage andIncinerating Furnaces; Acquisition of Property.--The county mayacquire by gift, lease, purchase or eminent domain real propertywithin the county for the purpose of erecting thereon garbage

disposal plants or facilities and sanitary land fills, and shallhave power to erect, operate and maintain suitable buildingsfor garbage and incinerating furnaces. In every case of takingprivate property by eminent domain, the county shall acquirethe entire title, either in fee or otherwise, held by the owneror owners of the property or of any interest therein.

(m) Smoke Control

Section 2195. Power to Regulate.--The commissioners of thecounty shall have the power, by resolution or ordinance, toregulate all forms of air contaminants including but not limitedto the discharging from stacks, chimneys, openings, buildings,structures, open fires, vehicles, processes, or any other sourceof any smoke, soot, fly ash, dust, cinders, dirt, noxious orobnoxious acids, fumes, oxides, gases, vapors, odors, toxic orradioactive substances, waste, or any other matter in suchplace, manner, or concentration inimical to the health, safety,or welfare of the public, business, or property within thecounty. Said regulations may include provisions for the paymentof fees for examination of plans and issuing of permits, forinspection of fuel-burning devices, and issuing certificatesof compliance with such regulations, and providing for finesand penalties, as hereinafter set forth, for the violation ofany such regulation. The board of commissioners shall havediscretion to determine the effective date of any resolutionor ordinance promulgated by them, and in making suchdetermination shall take into consideration the availabilityof fuel-burning devices suitable for burning high volatilebituminous 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 commissionersof the county may borrow, appropriate and expend money for thepurpose of effectuating the foregoing power, and may appointinspectors and other persons for the enforcement of any suchregulation, and may authorize the employment of clerks,stenographers and different assistants and fix theircompensation, and authorize the acquisition of equipment,property and supplies incidental to the carrying into effectof such regulations.

Section 2197. Violation of Regulations.--(a) SummaryOffense. Any person who shall violate any regulation so resolvedupon or ordained shall, for each offense, upon convictionthereof in a summary proceeding before a magistrate, aldermanor justice of the peace, be sentenced to pay the costs ofprosecution and a fine of not less than thirty dollars ($30)nor more than three hundred dollars ($300), and, in defaultthereof, to undergo imprisonment of not less than ten (10) daysnor more than thirty (30) days.

(b) Misdemeanors. Any person who shall violate anyregulation so resolved upon or ordained, convicted of a secondor subsequent offense, shall be guilty of a misdemeanor andshall, upon conviction thereof, be sentenced to pay a fine ofnot less than five hundred dollars ($500) nor more than onethousand dollars ($1,000), or to undergo imprisonment notexceeding 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 separateoffenses.

(2197 amended Mar. 4, 1970, P.L.120, No.47)

Compiler's Note: Section 28 of Act 207 of 2004 providedthat any and all references in any other law to a"district justice" or "justice of the peace" shall bedeemed 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 andDistribution of Surplus Foods.--The board of commissioners mayappropriate from county funds, or from county institutiondistrict funds, moneys for the handling, storage anddistribution 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 byresolution adopt the food stamp program. Upon adoption of theprogram the county shall appropriate money and shall pay,quarterly from county funds, the amounts certified to the countyas being the obligations to the Department of Public Welfarefor thirty percent of the amount expended by the department foradministration of the food stamp program for the county duringthe fiscal year 1965-1966, for forty percent of the amountexpended during the fiscal year 1966-1967 and for fifty percentof the amount expended during the fiscal year 1967-1968 andthereafter.

(2198.1 added Dec. 1, 1965, P.L.978, No.359)

Compiler's Note: The Department of Public Welfare, referredto in this section, was redesignated as the Departmentof 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 orNatural History.--The Board of Commissioners may appropriatefrom county funds moneys for the purpose of contributing towardthe cost of operating, maintaining or carrying out or furtheringthe purposes of institutes or museums of fine art or naturalhistory, or both, located within the county on public property,established by private grant or bequest, open to the public andnot 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 repealedDec. 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.--Theboard of commissioners of a county of the second class A mayappropriate moneys for payment to nonprofit legal aidassociations or societies, or county bar associations, whoprovide legal aid services for indigent persons in civilmatters.

(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.--(2199.3repealed Dec. 2, 1968, P.L.1144, No.358)

Section 2199.4. Facilities or Allowance Therefor.--(2199.4repealed 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.--(2199.6repealed Dec. 2, 1968, P.L.1144, No.358)

Section 2199.7. Appointment of Other Attorneys byCourt.--(2199.7 repealed Dec. 2, 1968, P.L.1144, No.358)

Section 2199.8. Inapplicability of Another Law.--(2199.8repealed 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 ofcommissioners of any county may appropriate moneys from thecounty treasury for the purpose of purchasing, constructing,maintaining and operating as a county facility a motor vehicleparking facility, or may create a municipal authority andappropriate moneys to such authority for such purpose, and thecounty commissioners, or the municipal authority created forsuch purpose, may lease to any city, borough or township whereinthe parking facility is or shall be constructed, or to a parkingauthority created by the city, borough or township, the landto be used for a parking facility, or a parking facility, forthe use, benefit, health, safety and general welfare of thecitizens 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.--Theboard of commissioners may contribute funds to any city, boroughor township within the county for the erection and maintenanceof stop and go signal lights, blinkers or other like trafficcontrol 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 OtherWater Resources.--(a) The board of commissioners of any countyof the second class A may borrow, appropriate and expend moneyfor the construction, acquisition, operation and maintenanceof dams, reservoirs and other facilities for the utilizationof surface and ground water resources and all relatedstructures, appurtenances and equipment necessary for the useof 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 apermit from the Water and Power Resources Board whenever suchpermit is required by law: And provided further, That the saidboard of commissioners shall not acquire by the exercise ofpower of eminent domain the property of a public utility subjectto the jurisdiction of the Pennsylvania Public UtilityCommission or Federal Power Commission.

(b) The board of commissioners of any county of the secondclass A may enter into agreements for the regulation ofwithdrawals and diversions of waters from said dams andreservoirs and the sale of the same, subject to approval ofState, Federal or interstate agencies which may have primaryjurisdiction over water resources. Dams and reservoirs acquiredor constructed by the commissioners may be for the sole purposeof 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 secondclass A may enter into contracts or long-range cooperativeprograms with State, Federal, interstate and local governmentagencies or public utilities for the development and use of thecounties' 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 countyof the second class A may appropriate from county funds moneysfor grants to assist boroughs or townships within the countyas well as nonprofit organizations in the purchase, acquisition,improvement, equipping or landscaping, including the plantingof 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 suchoutdoor projects and for historic or museum projects. For thepurposes 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, 26U.S.C. § 501(a)), as amended (or any successor provisionthereto); not operated for profit; and organized to:

(1) preserve or conserve open space, natural resources ornatural habitats;

(2) promote outdoor recreation and the acquisition anddevelopment 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 DevelopmentAgencies.--The board of commissioners of any county of thesecond class A may appropriate annually such amounts as may bedeemed necessary to any "industrial development agency," asdefined in the act of May 31, 1956 (P.L.1911), known as the"Industrial Development Assistance Law," to assist such agenciesin the financing of their operational costs for the purposesof making studies, surveys, and investigations, the compilationof data and statistics and in carrying out of planning andpromotional 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 countyof

the second class shall appropriate annually a portion of thefunds derived from the excise tax on hotel room rentals tothe recognized tourist promotion agency operating within thecounty. Such funds shall represent two-fifths (2/5) of the

revenues received by the county from the excise tax leviedon hotel room rentals as authorized by section 1970.2.

(2) Moneys received by the tourist promotion agencyshall be limited to promotional programs designed tostimulate and increase the volume of conventions and visitorswithin the county.

(3) An audited report on the income and expendituresincurred by the tourist promotion agency receiving fundsfrom the excise tax on hotel room rentals shall be madeannually to the board of county commissioners.

(4) The county controller of a county of the secondclass may conduct audits of the funds used by a recognizedtourist promotion agency received from the excise tax leviedon 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 notin excess of ten cents (10¢) for each resident of the county,as determined by the last census, which may be deemed necessaryto any "tourist promotion agency," as defined in the act ofApril 28, 1961 (P.L.111), known as the "Tourist Promotion Law,"to assist such agencies in carrying out tourist promotionactivities.

(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 inthis 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 Agencieswith Other Counties.--The board of commissioners of any countyof the second class A may create or may join with other countiesin the creation of a tourist promotion agency for the purposeof making studies, surveys and investigations and for planningand carrying out promotional programs and projects designed tostimulate and increase the volume of tourist, visitor andvacation business within such county or counties and mayappropriate 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 forHealth and Welfare Programs.--Any county of the second class Amay, through the commissioners, enter into agreements with theFederal Government for any program not in conflict with anexisting or hereafter established State program offered by theFederal Government for the promotion of the health or welfareof its citizens and in furtherance of said programs may complywith conditions, rules or regulations attached by the FederalGovernment.

Each such county may accept gifts or grants of money,property or services from any source, public or private, andmay appropriate such funds as may be necessary to carry outsaid 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 forIndustrial Development Projects.--The board of commissionersof any county is empowered to issue non-debt revenue bonds ofthe county pursuant to provisions of the act of June 25, 1941(P.L.159), known as the "Municipal Borrowing Law," and itsamendments, to provide sufficient moneys for and toward theacquisition, construction, reconstruction, extension, equippingor improvement of an industrial development project or projects,consisting of any building or facility or combination or partthereof occupied or utilized by an industrial, manufacturing,or research and development enterprise now existing or hereafteracquired, 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 inconnection therewith or incidental thereto, said bonds to besecured solely by the pledge of the whole or part of the fees,rents, tolls or charges derived from the ownership or operationof such facilities or for the use or services of the same.

Said industrial development project or projects financed bythe issuance of non-debt revenue bonds as in this sectionprovided may be leased by the county in whole or in part to alessee or lessees for a period of years equal in time to theperiod of maturity of the bonds so issued.

Included in the cost of the issue may be any costs andexpenses incident to constructing and financing the facilitiesand selling and distributing the bonds.

The board of commissioners is further empowered to sell,lease, lend, grant, convey, transfer or pay over to anyauthority 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 partsthereof, or any interest in real or personal property or anyfunds available for industrial development purposes, includingthe proceeds of non-debt revenue bonds hereafter issued pursuanthereto, for industrial development purposes, and to assign,transfer and set over to any such authority any contracts whichmay have been awarded for the construction of projects not begunor, if begun, not completed.

The board of commissioners is further empowered to enterinto any and all contracts or agreements with any such authorityand/or with any tenant or proposed tenant of any industrialdevelopment project and to do any or all things necessary orproper 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.--(2199.18repealed Nov. 26, 1978, P.L.1399, No.330)

Article XXI-AProduction of Electricity

(Art. added Dec. 7, 1982, P.L.778, No.224)

Section 2101-A. Manufacture and Sale of Electric Power.--Anycounty of the second class may develop, transmit, utilize ordistribute, to facilities owned by the county or by a municipalauthority created by the county, electric power by means of ahydroelectric generating facility owned, operated and developed

as a qualifying cogeneration, low-head hydroelectric generationor a small power production facility pursuant to and inaccordance with the Public Utility Regulatory Policies Act of1978 (Public Law 95-617, 16 U.S.C. §§ 796 and 824a-3). Anycounty of the second class owning or operating a hydroelectricgenerating facility may make contracts for the sale of electricpower to persons engaged in the business of the manufacture orsale 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 articlemay regulate the use and sale of said electricity in dwellings,business places and other places in such county, and the rateto 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 maysell or lease all or part of its hydroelectric generatingfacilities to a purchaser for such sale price as the partiesmay 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 mayconstruct or purchase facilities or real estate for the purposeof developing, transmitting, utilizing or distributing electricpower by hydroelectric generation. Any county of the secondclass may purchase a hydroelectric generating facility at suchprice as may be agreed upon by the county and the person,copartnership or a majority of the stockholders of a corporationthat owns such facility. As used in this section the phrase"distributing electric power" means the distribution of electricpower produced by hydroelectric generation to facilities ownedby 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 facilitymay incur debt as necessary for the construction orrehabilitation of a new or existing dam or impoundment,including acquisition of land or real estate, and aerialright-of-way amenities, and may incur debt for repairs orreconstruction to an existing or new impoundment in connectionwith 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, mayauthorize an existing authority or establish a new authorityto construct, operate, generate or sell the power from theauthority's hydroelectric facilities under the laws of theCommonwealth authorizing the creation and jurisdiction ofmunicipal authorities.

(2106-A amended Feb. 14, 1986, P.L.11, No.5)

ARTICLE XXIIPlanning, Zoning and Traffic

(a) County and Regional Planning Commissions

Section 2201. Creation and Powers of County PlanningCommissions.--(a) In the county there shall be a countyplanning commission and also a department of county planning.

The department shall be under the supervision of the planningcommission.

(b) The county planning commission shall consist of ninepersons, who shall be residents of the county. In counties ofthe second class, four of them shall be residents of the cityor cities therein, and five of them shall be residents of theboroughs and townships therein. They shall have knowledge andexperience 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, andat 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 countycommissioners; three of them shall be designated to serve untilthe first day of January of the second year following the yearin which they are appointed, three of them until the first dayof January of the fourth year following the year in which theyare appointed, and three of them until the first day of Januaryof the sixth year following the year in which they areappointed: Provided, however, That the members of the countyplanning commission in office on the first day of September,one thousand nine hundred thirty-seven, shall remain in officeuntil the end of their respective terms. Their successors shallbe appointed at the expiration of their respective terms, toserve six years. An appointment to fill a casual vacancy shallbe only for the unexpired portion of the term.

(d) Three members shall constitute a quorum. They may makeand alter rules and regulations for their own organization andprocedure consistent with the resolutions of the countycommissioners and the rules of the Commonwealth.

(e) They shall serve without compensation, and shall makeannually, to the county commissioners, a report of theirtransactions and recommendations. They may employ engineers andother persons whose salaries and wages and other necessaryexpenses of the commission shall be provided for, in thediscretion of the county commissioners, by proper appropriationand resolution. For the purpose of defraying such costs andexpenses, the county commissioners may use current tax revenueor may issue general obligation bonds in such amounts as arenecessary and in such manner as provided by the act of June 25,1941 (P.L.159), known as the "Municipal Borrowing Law." Thecounty planning commission may also receive and expend for thepurpose of its planning work, including planning work in or forcities, boroughs, townships and towns, within the county, anygifts, grants and appropriations of money from any other source,including Commonwealth, Federal or local funds, and may contractwith governmental or private agencies or individuals withrespect thereto. ((e) amended Aug. 6, 1963, P.L.522, No.278)

(f) The county planning commission may be given theadditional powers and duties of serving as the county zoningcommission and county transit and traffic commission, with allthe powers and duties that have been or may be conferred uponsuch county commissions by other acts of Assembly. ((f) amendedDec. 15, 1955, P.L.880, No.265)

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2201 is repealed insofar as it relates tocounties of the second class A.

Section 2202. Submission of Resolutions for CertainImprovements; Reports.--All resolutions of the countycommissioners relating to the location of any public buildingsin 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 anyhighway or portion thereof, or to the making or alteration ofthe county plan of highways, or to any surface, underground orelevated railway, shall be furnished to the County PlanningCommission.

The planning commission may make a report, or suggestion inrelation thereto, if it deems the report necessary or advisablefor the consideration of the said commissioners. If the reportis made by the commission prior to the expiration of the saidtwenty days, the county commissioners may immediately proceedwith the adoption of the said resolution. All such reports whendelivered to the said commissioners shall be for the informationof the public as well as for the commissioners, and thecommissioners shall furnish to any newspaper of the county onrequest, for publication, a copy of any such report.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2202 is repealed insofar as it relates tocounties of the second class A.

Section 2203. Appearance in Proceedings.--The CountyPlanning Commission may appear in any proceeding with referenceto the opening or vacation of any public road or highway,bridge, tunnel, subway or underground road as to which thecommission has an interest under the provisions of this article,and file a report stating its view with reference thereto, andmay produce testimony in connection therewith.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2203 is repealed insofar as it relates tocounties of the second class A.

Section 2204. Plans of Subdivisions; Jurisdiction; Scopeof Subdivisions; Regulations; Procedure; Penalties.--(a) Thecounty planning commission shall have jurisdiction and controlof the subdivision of land located within the county limits.For the purpose of this section, a subdivision shall beconstrued to be a division of any part, parcel or area of landby the owner or agent, either by lots or by metes and bounds,into lots or parcels, three or more in number, for the purposeof conveyance, transfer, improvement or sale, with appurtenantroads, streets, lanes, alleys and ways, dedicated or intendedto be dedicated to public use or the use of purchasers or ownersof lots fronting thereon. In counties of the second class allplans, plots and replots of land laid out in building lots, andthe streets, highways, alleys or other portions of the sameintended to be dedicated to public use or the use of purchasersor owners of lots fronting thereon or adjacent thereto, locatedwithin the county limits, except those located within any cityor borough within the said county, shall be submitted to thecounty planning commission and approved by it before they shallbe recorded. In counties of the second class A all plans, plotsand replots of land laid out in building lots, and the streets,highways, alleys or other portions of the same intended to bededicated to public use or the use of purchasers or owners oflots fronting thereon or adjacent thereto, located within thecounty limits, except those located within any city or boroughor within a township having adopted by resolution or ordinanceland subdivision regulations, shall be submitted to the countyplanning commission and approved by it before they shall berecorded. ((a) amended Oct. 20, 1967, P.L.472, No.224)

(b) It shall not be lawful to receive or record any suchplan 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 anysuch plan by the County Planning Commission shall be deemed arefusal of the proposed dedication shown thereon. The approvalof the commission shall be deemed an acceptance of the proposeddedication, but shall not impose any duty upon the countyconcerning maintenance or improvement of any such dedicatedstreets, highways, alleys or other portions of the same, untilthe proper authorities of the county shall have made actualappropriation of the same by entry, use or improvement. Theowners and purchasers of such lots shall be conclusivelypresumed to have notice of public plans, maps and reports ofthe commission affecting such property within its jurisdiction.

(c) Any owner or agent of the owner of any land locatedwithin a subdivision who sells, transfers or agrees to sell anyland by reference to or exhibition of or by other use of a planof a subdivision before the same has been approved by the CountyPlanning Commission shall, upon summary conviction thereofbefore any alderman or justice of the peace of the county, besentenced to pay a fine of not less than fifty dollars ($50)or more than one hundred dollars ($100) and the cost of theprosecution, or undergo an imprisonment for a term of not morethan thirty (30) days, for each lot or parcel transferred orsold or agreed to be sold; and the description of such lot orparcel by metes and bounds in the instrument of transfer orother document used in the process of selling or transferringshall not exempt the transaction from such penalties or fromthe remedies herein provided.

(d) The county may also enjoin such transfer or sale oragreement by action for injunction brought in any court ofequity jurisdiction, in addition to the penalty herein provided.

Compiler's Note: Section 28 of Act 207 of 2004 providedthat any and all references in any other law to a"district justice" or "justice of the peace" shall bedeemed to be references to a magisterial district judge.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2204 is repealed insofar as it relates tocounties of the second class A.

Section 2205. Maps of County.--The County PlanningCommission may make or cause to be made and laid before thesaid county commissioners and, in its discretion, cause to bepublished, a map or maps of the county and any portion orportions thereof, including the territory extending three milesbeyond the county limits, showing the highways and other publicimprovements hereinbefore specified and other natural orartificial features, and also locations proposed by it for anynew highways or other of such improvements, or any widening,extension or relocation of the same, or any change in the countyplan by it deemed advisable.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2205 is repealed insofar as it relates tocounties of the second class A.

Section 2206. Recommendations to County Commissioners andOthers.--It may make recommendations to the county commissionersfrom time to time concerning any such matters and thingsaforesaid for action of the county commissioners thereon andin so doing have regard for present conditions and future needsand growth of the county, and the distribution and relativelocation of all the principal streets and railways, waterwaysand all other means of public travel and business communication,as well as the distribution and relative location of publicbuildings, public grounds and open spaces devoted to public

use, and the planning and laying out for dwelling and businesspurposes of private grounds brought into the market from timeto time.

The County Planning Commission may make recommendations toany public authorities or any corporations or individuals insuch 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 providedthat section 2206 is repealed insofar as it relates tocounties of the second class A.

Section 2207. Cooperation Between Commission and PoliticalSubdivisions.--The County Planning Commission shall encouragethe cooperation of the political subdivisions within the countyin any matters whatsoever which may concern the integrity ofthe county plan or maps prepared by the commission as an aidtoward coordination of municipal plans with the county plans,and it shall be the duty of every city, borough and townshipwithin the county, having prepared any maps or plans by a dulyauthorized planning commission, to file a copy thereof and anysubsequent amendments thereto with the County PlanningCommission within thirty days from the completion of such planor map.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2207 is repealed insofar as it relates tocounties of the second class A.

Section 2208. Local Authorities to Submit Plans to CountyPlanning Commission.--Before the approval of a plat by any city,borough or township authority having the power of approval ofplats, such authority shall transmit a copy of the proposedplat to the County Planning Commission and the commission shallmake a report thereon to such local authority. Pending thereceipt and consideration of such report, such local authorityshall defer action thereon, but if such report is not receivedby the local authority within twenty days from the submissionof the plat to the County Planning Commission, or within suchfurther 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 providedthat section 2208 is repealed insofar as it relates tocounties of the second class A.

Section 2209. Creation of Regional PlanningCommission.--(a) The councils or corresponding legislativebodies of any group of political subdivisions, independentlyor together with the county commissioners of the county orcounties in which such group of political subdivisions islocated or of any adjoining county or counties, or the councilor corresponding legislative body of any political subdivisiontogether with the county commissioners in which such politicalsubdivision is located, or the county commissioners of any twoor more adjoining counties, may cooperate in the creation of aregional planning commission for any region defined, as may beagreed upon by said cooperating councils, authorities and countycommissioners, or by said cooperating county commissioners.

(b) The number and qualifications of the members of anysuch regional planning commission and their terms and methodof appointment or removal shall be such as may be determinedand agreed upon by said cooperating authorities and countycommissioners. A majority of the members of the regionalplanning commission shall hold no other public office orposition, excepting appointive membership on a municipal orother planning commission. Members of the regional planning

commission shall serve without salary, but may be paid expensesincurred in the performance of duties.

(c) The proportion of the expenses of the regional planningcommission to be borne respectively by the politicalsubdivisions and counties or by the counties cooperating in theestablishment and maintenance of the commission shall be suchas may be determined and agreed upon by the cooperatingauthorities and county commissioners, and said authorities andcounty commissioners are hereby authorized to appropriate theirrespective shares of such expenses. For the purpose of defrayingsuch costs and expenses, the county commissioners may usecurrent tax revenue or may issue general obligation bonds insuch amounts as are necessary and in such manner as providedby the act of June 25, 1941 (P.L.159), known as the "MunicipalBorrowing Law." Within the amounts thus agreed upon and dulyappropriated, any such regional planning commission shall havethe power to appoint such employes and staff as it may deemnecessary for its work, and contract with planners and otherconsultants for such services as it may require. The regionalplanning commission may also receive and expend for the purposesof its planning work, including planning work in or forcounties, cities, boroughs, townships and towns, within theregion any gifts, grants and appropriations of money from anyother source, including Commonwealth, Federal, county or localfunds, and may contract with governmental or private agenciesor individuals with respect thereto. ((c) amended Aug. 6, 1963,P.L.522, No.278)

(d) The regional planning commission shall elect itschairman, who shall hold no other public office or positionexcept that he may be a member of a municipal or other planningcommission. The term of the chairman shall be one year, witheligibility for reelection. The commission may create and fillsuch other offices as it may determine. It shall adopt rulesfor the transaction of business, and shall keep a record of itsresolutions, transactions, findings and determinations, whichrecord shall be a public record.

(e) The county commissioners or other county official, orthe chief executive officer or body of any politicalsubdivision, may, from time to time, upon the request of thecommission, and for the purpose of special surveys, assign ordetail to the commission any officers or employes of the countyor political subdivision to make for the commission specialsurveys or studies requested by the commission.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2209 is repealed insofar as it relates tocounties of the second class A.

Section 2210. Regional Planning Commission to Make MasterPlan.--It shall be the function and duty of the regionalplanning commission to make a master plan and such surveys andstudies as may be essential thereto for the physical developmentof the region as created in accordance with the provisions ofthe preceding section. Such master plan shall include all theelements of physical development that may be locally importantand desirable.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2210 is repealed insofar as it relates tocounties of the second class A.

Section 2211. Delegated Powers of Regional PlanningCommission.--The council or corresponding legislative bodiesof any political subdivision and the county commissioners ofany county so cooperating may delegate to the regional planningcommission, by ordinance or resolution, any or all of the powers

and duties of the planning commission of such politicalsubdivision with respect to the territory of the politicalsubdivision so enacting or resolving, and in case of a countyany and all of the powers and duties of a county planningcommission for the territory of the county so resolving.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2211 is repealed insofar as it relates tocounties of the second class A.

(b) County Zoning

Section 2220. Grant of Power.--The board of countycommissioners of the county is hereby empowered, in accordancewith the conditions and procedure specified in the subsequentsections of this subdivision, by ordinance, to regulate in anyportion 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 percentageof lot which may be occupied, the size of yards, courts andother open spaces, the density and distribution of population,the uses of buildings and structures for trade, industry,residence, recreation, public activities or other purposes, andthe 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 providedthat section 2220 is repealed insofar as it relates tocounties of the second class A.

Section 2221. Zoning Commission.--(a) In order to availitself of the powers conferred by this subdivision, the boardof county commissioners shall appoint a permanent commissionof three, five or seven members, which shall be known as thecounty zoning commission.

Any individual, whether in private or ex-officio capacity,may be appointed to serve on such commission, and the majorityof the members thereof shall be individuals who do not holdelective public office. The boards of county commissioners oftwo or more counties may arrange or provide for a joint orcommon commission, and for the purposes of this subdivision anysuch joint or common zoning commission shall be deemed thezoning commission of each of such counties. The board of countycommissioners shall provide for reimbursement of the membersof the zoning commission for actual expenses incurred, and shallprovide for the filling of vacancies in the membership of suchcommission, and for the removal of a member for non-performanceof duty or misconduct.

(b) In the county where a county planning commission hasbeen established, the county commissioners may, in lieu ofestablishing a zoning commission as provided in this section,confer and impose on such planning commission the additionalpower and duty of serving as the county zoning commission, withall the powers and duties conferred by this subdivision uponthe county zoning commission.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2221 is repealed insofar as it relates tocounties of the second class A.

Section 2222. Assistance from State Agencies;Personnel.--The zoning commission is directed to make use ofthe expert advice and information which may be furnished byappropriate State and Federal officials, departments andagencies, particularly the Pennsylvania State Planning Board.All State officials, departments and agencies having

information, maps and data pertinent to county zoning are herebyauthorized and directed to make the same available for the useof the county zoning commission, as well as to furnish suchother technical assistance and advice as they may have availablefor such purpose. The zoning commission may employ such trainedpersonnel as the funds provided therefor may permit.

Compiler's Note: Section 1 of Reorganization Plan No.2 of1966 provided that the functions of the State PlanningBoard, transferred to the Department of Commerce byReorganization Plan No.1 of 1955, P.L.2045, are furthertransferred from the Department of Commerce to theDepartment of Community Affairs, to be administered bythe Secretary of the Department of Community Affairs.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2222 is repealed insofar as it relates tocounties of the second class A.

Section 2223. Preparation of Zoning Plan.--(a) It shallbe the duty of the zoning commission of the county to make forcertification to the board of county commissioners a zoningplan or plans, including both the full text of the zoningordinance or ordinances and the maps, and representing therecommendations of the commission for the regulation bydistricts or zones of the location, height, bulk and size ofbuildings and other structures, percentage of lot which may beoccupied, the size of lots, courts and other open spaces, thedensity and distribution of population, the location and useof buildings and structures for trade, industry, residence,recreation, public activities, or other purposes, and the useof land for trade, industry, recreation, agriculture, forestry,soil conservation, water supply, conservation, or otherpurposes.

(b) When the efforts of such commission shall have reachedthe stage of a tentative plan, the commission shall hold atleast one public hearing on each tentative plan, to beseparately submitted, notice of which hearings shall bepublished at least fifteen days before the date of the hearingin a newspaper of general circulation in the county. The noticeshall contain the time and place of hearing, and shall specifythe place and times at which the tentative text and maps of thezoning ordinance may be examined. For the purpose of its publichearing or hearings, the commission shall have power to summonwitnesses, 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 theState Planning Board for advice and recommendations. Theapproval of the State Planning Board shall be presumed unlessthe State Planning Board shall, within forty-five days aftersuch submission, present its advices and criticisms in respectto such zoning plan.

(d) In the event that after such public hearing or hearingsand after such submission to the State Planning Board the zoningcommission, in the light of the developments at such hearingor hearings or the advices and recommendations of the StatePlanning Board, makes changes in its said tentative plan, thereshall be no requirement of any hearing upon such changes or anysubmission of such changes to the State Planning Board.

Compiler's Note: Section 1 of Reorganization Plan No.2 of1966 provided that the functions of the State PlanningBoard, transferred to the Department of Commerce byReorganization Plan No.1 of 1955, P.L.2045, are furthertransferred from the Department of Commerce to the

Department of Community Affairs, to be administered bythe Secretary of the Department of Community Affairs.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2223 is repealed insofar as it relates tocounties of the second class A.

Section 2224. Zoning Ordinance.--From and after the timewhen a zoning commission of the county, in accordance with theprocedure herein specified, makes, adopts and certifies to thecounty commissioners each zoning plan, including both the fulltext of a zoning ordinance and the maps, then the countycommissioners may, by ordinance, exercise the powershereinbefore granted to it in this subdivision, and for thepurpose of such exercise, the county commissioners may dividethe territory of the county which lies outside of municipalitieswhich now have and enforce zoning ordinances into districts orzones of such number, shape or area as it may determine. Withinsuch districts or any of them, they may regulate the erection,construction, reconstruction, alteration and uses of buildingsand structures and the uses of land, and may require and providefor the issuance of building permits as a condition precedentto the right to erect, construct, reconstruct or alter anybuilding or structure within any district covered by such zoningordinance. All such regulations shall be uniform for each classor kind of buildings throughout any district, but theregulations in one district may differ from those in otherdistricts.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2224 is repealed insofar as it relates tocounties of the second class A.

Section 2225. Method of Procedure.--After receiving thecertification of a zone plan from the zoning commission andbefore the enactment of any zoning ordinance, the countycommissioners shall hold a public hearing thereon, of the timeand place of which at least thirty days' notice shall be givenby one publication in a newspaper of general circulation in thecounty. Such notice shall state the place at which the text andmaps as certified by the zoning commission may be examined. Theboard may conduct consultative hearings or referenda to aid itin determining the desirability of contemplated or recommendedregulations. No change in or departure from the text or mapsas certified by the zoning commission shall be made unless suchchange or departure shall first be submitted to the zoningcommission for its approval or disapproval or suggestions. Thezoning commission shall have thirty days from and after suchsubmission within which to send its report to the countycommissioners. No approval, disapproval or suggestions of thezoning commission shall have more than advisory effect, or shallin anywise bind the county commissioners.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2225 is repealed insofar as it relates tocounties of the second class A.

Section 2226. Purposes of Zoning Regulations.--Suchregulations shall be designated and enacted for the purpose ofpromoting the health, safety, morals, convenience, order,prosperity or welfare of the present and future inhabitants ofthe Commonwealth of Pennsylvania, including, among other things,the lessening of congestion in the streets or roads, or reducingthe waste of excessive amounts of roads, securing safety fromfire and other dangers, providing adequate light and air,preventing on the one hand excessive concentration of populationand on the other hand excessive and wasteful scattering ofpopulation or settlement, promoting such distribution of

population and such classification of land uses and distributionof land development and utilization as will tend to facilitateand conserve adequate provisions for transportation, waterflowage, water supply, drainage, sanitation, educationalopportunities, recreation, soil fertility, food supply,protection of the tax base, securing economy in governmentalexpenditures, fostering the Commonwealth's agricultural andother industries, and the protection of both urban and non-urbandevelopment.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2226 is repealed insofar as it relates tocounties of the second class A.

Section 2227. Amendments.--(a) The county commissionersmay from time to time amend the number, shape, boundary or areaof any district or districts, or any regulation of or withinsuch district or districts, or any other provision of any zoningordinance, but no such amendment shall be made or becomeeffective until the same shall have been proposed by or be firstsubmitted for approval, disapproval or suggestions to the zoningcommission and the Pennsylvania State Planning Board.

(b) Any proposal, approval, disapproval or suggestions ofthe zoning commission or the State Planning Board shall haveadvisory effect only and not be binding upon the countycommissioners, and unless such zoning commission or StatePlanning Board shall have transmitted its report upon theproposed amendment within thirty days after the submissionthereof to it, the county commissioners shall be free to proceedto the adoption of the amendment without further awaiting thereceipt of the report of the zoning commission or State PlanningBoard. Before finally adopting any such amendment, the countycommissioners shall hold a public hearing thereon, at leastthirty days' notice of the time and place of which shall begiven by at least one publication in a newspaper of generalcirculation in the county.

Compiler's Note: Section 1 of Reorganization Plan No.2 of1966 provided that the functions of the State PlanningBoard, transferred to the Department of Commerce byReorganization Plan No.1 of 1955, P.L.2045, are furthertransferred from the Department of Commerce to theDepartment of Community Affairs, to be administered bythe Secretary of the Department of Community Affairs.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2227 is repealed insofar as it relates tocounties of the second class A.

Section 2228. Cooperation Between Counties.--The zoningcommission of any county may cooperate with the zoningcommissions of other counties and with the planning, zoning,legislative and administrative authorities of cities, boroughs,towns or townships or other municipalities, either within orwithout such county, with a view to coordinating and integratingthe zoning of the county with the planning and zoning of othercounties or of municipalities. The zoning commission shall alsohave power to appoint such committee or committees and adoptsuch rules for the conduct of its business as it may deem properto effect such cooperation or to more expeditiously andeffectively perform its functions.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2228 is repealed insofar as it relates tocounties of the second class A.

Section 2229. The Board of Adjustment.--(a) The countycommissioners of the county which enacts zoning regulationsunder the authority of this subdivision shall provide for a

board of adjustment of three to five members and for the mannerof the appointment of such members. Not more than half of themembers of such board may at any time be members of the zoningcommission. The county commissioners shall fix per diemcompensation and terms for the members of such board ofadjustment, which terms shall be of such length and so arrangedthat the term of at least one member will expire each year. Anymember of the board of adjustment may be removed for cause bythe county commissioners upon written charges and after a publichearing. Vacancies shall be filled for the unexpired term inthe same manner as in the case of original appointments.

(b) The county commissioners may appoint associate membersof such board, and in the event that any regular member betemporarily unable to act owing to absence from the county,illness, interest in a case before the board, or any othercause, his place may be taken during such temporary disabilityby an associate member designated for the purpose. The boardsof county commissioners of two or more counties may arrange andprovide for a joint or common board of adjustment of four orfive members, which joint or common board of adjustment shallbe deemed the board of adjustment of each of such counties.

(c) The county commissioners shall provide and specify inits zoning or other ordinances general rules to govern theorganization, procedure and jurisdiction of said board ofadjustment, which rules shall not be inconsistent with theprovisions of this subdivision, and the board of adjustment mayadopt supplemental rules of procedure not inconsistent withthis subdivision or such general rules.

(d) Any zoning ordinance of the county commissioners mayprovide that the board of adjustment may, in appropriate casesand subject to appropriate principles, standards, rules,conditions and safeguards set forth in the zoning ordinance,make special exceptions to the terms of the zoning regulationsin harmony with their general purpose and intent. Thecommissioners may also authorize the board of adjustment tointerpret the zoning maps and pass upon disputed questions oflot lines or similar questions as they may arise in theadministration of the zoning regulations.

(e) Meetings of the board of adjustment shall be held atthe call of the chairman and at such other times as the boardin its rules of procedure may specify. The chairman or in hisabsence the acting chairman may administer oaths and compel theattendance of witnesses. All meetings of the board of adjustmentshall be open to the public. The board shall keep minutes ofits proceedings showing the vote of each member upon eachquestion, or if absent or failing to vote, indicating such fact,and shall keep records of its examinations and other officialactions, all of which shall be immediately filed in the officeof the board and shall be a public record.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2229 is repealed insofar as it relates tocounties of the second class A.

Section 2230. Appeals to the Board ofAdjustment.--(a) Appeals to the board of adjustment may betaken by any person aggrieved by his inability to obtain abuilding permit or by the decision of any administrative officeror agency based upon or made in the course of the administrationor 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 grantor refusal of a building permit or by other decision of anadministration officer or agency based on or made in the course

of the administration or enforcement of the provisions of thezoning ordinance. The time within which such appeal must bemade and the form or other procedure relating thereto shall beas specified in the general rules provided by the countycommissioners to govern the procedure of such board ofadjustment or in the supplemental rules of procedure adoptedby such board.

(b) Upon appeals, the board of adjustment shall have thefollowing powers:

(1) To hear and decide appeals where it is alleged by theappellant that there is error in any order, requirement,decision or refusal made by an administrative official oragency, based on or made in the enforcement of the zoningordinance.

(2) To hear and decide, in accordance with the provisionsof any such ordinance, requests for special exceptions or forinterpretation of the map or for decisions upon other specialquestions upon which such board is authorized by any suchordinance to pass.

(3) Where, by reason of exceptional narrowness, shallownessor shape of a specific piece of property at the time of theenactment of the regulation, or by reason of exceptionaltopographic conditions or other extraordinary and exceptionalsituation or condition of such piece of property, the strictapplication of any regulation enacted under this subdivisionwould result in peculiar and exceptional practical difficultiesto or exceptional and undue hardship upon the owner of suchproperty, to authorize, upon an appeal relating to saidproperty, a variance from such strict application so as torelieve such difficulties or hardship, provided such relief maybe granted without substantial detriment to the public good andwithout substantially impairing the intent and purpose of thezone plan and zoning ordinance.

(c) The concurring vote of four members of the board in thecase of a five-member board and of three members in the caseof a three-member board shall be necessary to reverse any order,requirement, decision or determination of any suchadministrative official or agency or to decide in favor of theappellant.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2230 is repealed insofar as it relates tocounties of the second class A.

Section 2231. Court Review.--(a) Any persons jointly orseverally aggrieved by any decision of the board of adjustmentor any taxpayer or any officer, department, board or bureau ofthe county may present to the court of common pleas of thecounty in which the property concerning which such decision wasmade is located a petition, duly verified, setting forth thatsuch decision is illegal, in whole or in part, specifying thegrounds of the illegality. Such a petition shall be presentedto the court within thirty days after the filing of the decisionin the office of the board. Upon the presentation of suchpetition, the court may allow a writ of certiorari directed tothe board of adjustment to review such decision of the boardof adjustment, and shall prescribe therein the time within whicha return thereto must be made and served upon the relator'sattorney, which shall not be less than ten days and may beextended by the court. The allowance of the writ shall not stayproceedings upon the decision appealed from, but the court mayon 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 returnthe original papers acted upon by it, but it shall be sufficientto return certified or sworn copies thereof or of such portionsthereof as may be called for by such writ. The return shallconcisely set forth such other facts as may be pertinent andmaterial to show the grounds of the decision appealed from andshall be verified.

(c) If upon the hearing it shall appeal to the court thattestimony is necessary for the proper disposition of the matter,it may take evidence, or appoint a referee to take suchevidence, as it may direct, and report the same to the courtwith his findings of fact and conclusions of law, which shallconstitute a part of the proceedings upon which thedetermination of the court shall be made. The court may reverseor affirm, wholly or partly, or may modify the decision broughtup for review.

(d) Costs shall not be allowed against the board unless itshall appear to the court that it acted with gross negligenceor in bad faith or with malice in making the decision appealedfrom.

(e) All issues in any proceeding under this section shallhave preference over all other civil actions and proceedings.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2231 is repealed insofar as it relates tocounties of the second class A.

Section 2232. Violations; Enforcement and Remedies.--(a) Itshall 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 anyzoning ordinance or any amendment thereof enacted or adoptedby any board of county commissioners under the authority ofthis subdivision. Any person, firm or corporation violating anysuch regulation, provision or amendment of any provision ofthis subdivision shall be guilty of a misdemeanor, and, uponconviction thereof, shall be fined not more than one hundreddollars ($100) or imprisoned not more than ten days, or both.Each and every day during which such illegal erection,construction, reconstruction, alteration, maintenance or usecontinues shall be deemed a separate offense.

(b) In case any building or structure is or is proposed tobe erected, constructed, reconstructed, altered, maintained orused, or any land is or is proposed to be used, in violationof this subdivision or of any regulation or provision of anyordinance or amendment thereof enacted or adopted by any boardof county commissioners under the authority granted by thissubdivision such board, the district attorney of the county orany owner of real estate within the district in which suchbuilding structure or land is situated may, in addition to otherremedies provided by law, institute injunction, mandamus,abatement or any other appropriate action or actions, proceedingor proceedings to prevent, enjoin, abate or remove such unlawfulerection, construction, reconstruction, alteration, maintenanceor use.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2232 is repealed insofar as it relates tocounties of the second class A.

Section 2233. Nonconforming Uses.--(a) The lawful use ofa building or structure or the lawful use of any land asexisting and lawful at the time of the enactment of a zoningordinance, or in the case of an amendment of an ordinance, thenat the time of such amendment, may, except as hereinafterprovided, be continued, although such use does not conform with

the provisions of such ordinance or amendment. Such use may beextended throughout the same building, provided no structuralalteration of such building is proposed or made for the purposeof such extension. The county commissioners may provide in anyzoning ordinance for the restoration, reconstruction, extensionor substitution of nonconforming uses upon such terms andconditions as may be set forth in the zoning ordinance. Thecounty commissioners may in any zoning ordinance provide forthe termination of nonconforming uses, either by specifying theperiod or periods in which nonconforming uses shall be requiredto cease, or by providing a formula or formulae whereby thecompulsory termination of a nonconforming use may be so fixedas to allow for the recovery or amortization of the investmentin the nonconformance.

(b) If the county acquires title to any property by reasonof tax delinquency and such property is not redeemed or soldas provided by law, the future uses of such property shall bein conformity with the then provisions of the zoning ordinanceof the county or with any amendment of such ordinance equallyapplicable to the other like properties within the district inwhich the property acquired by the county is located.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2233 is repealed insofar as it relates tocounties of the second class A.

Section 2234. List of Nonconforming Uses.--Immediately afterthe adoption of any zoning ordinance or amendment by the countycommissioners, the county zoning commission shall prepare andpublish a complete list of all nonconforming uses andoccupations existing at the time of the adoption of suchordinance or amendment. Such list shall contain the names andaddresses of the owner or owners of such nonconforming use andof any occupant other than the owner, the legal description ordescriptions of the land, and the nature and extent of landuse.

After any necessary corrections have been made under aprocedure prescribed by the county commissioners, copies ofsuch list shall, when approved by such body, be filed for recordin the offices of the recorder of deeds and of the chief clerkin the county in which the lands are situated, and shall becorrected yearly, as the county commissioners may prescribe.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2234 is repealed insofar as it relates tocounties of the second class A.

Section 2235. Filing.--Upon the adoption of any zoningordinance or regulation, map or maps, the county commissionersmay file the originals with the chief clerk and a certifiedcopy of each in the office of the county recorder of deeds,which copies shall be accessible to the public. The recorderof deeds shall index such ordinances and regulations as nearlyas possible in the same manner as he indexes instrumentspertaining to the title of land.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2235 is repealed insofar as it relates tocounties of the second class A.

Section 2236. Finances.--The county commissioners areempowered to appropriate out of the general county fund suchmoneys otherwise unappropriated as it may deem fit to financethe work of the county zoning commission and of the board ofadjustment and to enforce the zoning regulations andrestrictions which are adopted, and to accept grants of moneyand 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 providedthat section 2236 is repealed insofar as it relates tocounties of the second class A.

Section 2237. Conflict With Other Laws.--Whenever anyregulations made under authority of this subdivision require agreater width or size of yards, courts or other open spaces,or require a lower height of buildings, or smaller number ofstories, or require a greater percentage of lot to be leftunoccupied, or impose other higher standards than are requiredin or under any other statute, the provisions of the regulationsmade under authority of this subdivision shall govern. Wheneverthe provisions of any other statute require a greater width orsize of yards, courts or other open spaces, or require a greaterpercentage of lot to be left unoccupied, or impose other higherstandards than are required by the regulations made underauthority of this subdivision, the provisions of such statuteshall govern.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2237 is repealed insofar as it relates tocounties of the second class A.

Section 2238. Subdivision Not to Apply to Certain Buildingsof Public Utility Corporations.--This subdivision shall notapply to any existing or proposed building or extension thereofused or to be used by public utility corporations if, uponpetition of the corporation, the Pennsylvania Public UtilityCommission shall, after a public hearing, decide that thepresent or proposed situation of the building in question isreasonably necessary for the convenience or welfare of thepublic.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2238 is repealed insofar as it relates tocounties of the second class A.

Section 2239. Definitions.--The words "amend," "amendment,""amendments" or "amended" in this subdivision shall be deemedto include any modification of the text or phraseology of anyprovision of any zoning ordinance or amendment thereof, or anyrepeal 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 repealor abolition of any map forming part of or referred to in anyzoning ordinance or any part of such map, and, in addition tosuch map, any new map or maps or any other change in the mapsor any map.

Compiler's Note: Section 1201(8) of Act 247 of 1968 providedthat section 2239 is repealed insofar as it relates tocounties of the second class A.

(c) County Transit and Traffic Commission

Section 2250. Creation of County Transit and TrafficCommission.--There is hereby created a County Transit andTraffic Commission consisting of nine persons who shall beresidents of the county, not more than four of whom shall beresidents of cities in the county, nor shall more than two beregular employes of any publicly financed body. Members shallbe persons experienced in either engineering, commerce, finance,law, transportation or traffic matters, and shall be appointedby the county commissioners. The successors to the members inoffice 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 theunexpired portion of the term. Five members shall constitute aquorum. The commission may make rules and regulations for theirown organization and procedure consistent with the resolutionsof the county commissioners and the laws of the Commonwealth.Members shall serve without compensation, and may employ atechnical staff and such other persons as may be necessary,whose salaries and wages, together with other necessary expensesof the commission, shall be provided for, in the discretion ofthe county commissioners, by proper appropriation andresolution.

Section 2251. Duties of the County Transit and TrafficCommission.--(a) The duty of the Transit and Traffic Commissionshall be to investigate transit, traffic and parking conditionsin the county, including the volume and characteristics of themovement of public carriers such as street railways, train, busand other motor vehicles throughout the county, with a view ofdetermining advisable means for obtaining adequate, rapid andsafe transportation, to consider fully the coordination ofexisting transportation services, to investigate and studysafety measures for persons and vehicles on highways, streetsand thoroughfares in said county, to advise with officials ofpolitical subdivisions in the county about the transit, traffic,and parking problems.

(b) All minutes, reports and recommendations made by thecommission shall be a matter of public record. Periodically,but not less than once a year, the commission shall file withthe county commissioners a report of its investigations. Thisreport shall include the results of investigations made by thecommission and any recommendations the commission may have tooffer.

(c) The county commissioners shall refer any plan, proposalor resolution affecting public transportation and the safetyof the public on public transportation facilities and onhighways, bridges and tunnels in the county to the CountyTransit and Traffic Commission for its consideration andrecommendation. The Transit and Traffic Commission shall reportto the county commissioners on the plan, proposal or resolutionwithin a reasonable period of time.

(d) In lieu of the creation of a county transit and trafficcommission in the county where a county planning commission hasbeen established, the county commissioners may, by resolution,confer and impose on such planning commission the additionalpowers and duties of serving as the county transit and trafficcommission, with all the powers and duties conferred by thissub-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 trafficcommissioners shall terminate and they shall deliver all books,papers, records, furnishings and supplies pertaining to theiroffice to the county planning commission.

The passage of such resolution by the county commissionersshall 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 samemay be enjoyed, asserted or enforced as fully and to the sameextent as if such resolution had not been passed.

((d) added Dec. 15, 1955, P.L.880, No.265)

Article XXII-AResidential Finance Authorities

(Art. added Nov. 5, 1981, P.L.330, No.120)

Compiler's Note: Section 3 of Act 120 of 1981, which addedArticle XXII-A, provided that the powers herein grantedin section 2204-A(3), (4) and (5) and section 2205-A(a)and (b) shall not be exercised by an authority afterJune 30, 1984. After June 30, 1984, the authority shallhave power only to do those things necessary to wind-upits affairs and terminate its existence.

Section 2201-A. Definitions.--As used in this article thefollowing words and phrases shall have, unless the contextclearly indicates otherwise, the meanings given to them in thissection:

"Authority." A Residential Finance Authority created andactivated pursuant to section 2202-A.

"Bonds." Includes any evidence of indebtedness for moneyborrowed.

"Field of operation." The area within the territorialboundaries of a county, excluding any area lying within theboundaries of any city within such county: Provided, however,That any such city and any other city or county within theCommonwealth may, by resolution, elect to be included withinthe field of operation of the county.

"Lending institution." Any bank, trust company, bank andtrust company, mortgage bank, savings bank, credit union,National banking association, savings and loan association,building and loan association, insurance company, or otherfinancial institution authorized to transact business in theCommonwealth and which customarily lends, or provides serviceor other aids in lending, money for the purchase or improvementof residences located in the Commonwealth.

"Residential loan note." An interest-bearing obligationevidencing a loan of money made for the financing of theacquisition, construction, reconstruction, rehabilitation,renovation or improvement of a residence or the refinancing ofcosts previously incurred for the acquisition, construction,reconstruction, rehabilitation, renovation or improvement of aresidence.

"Residence." The structure (or a condominium unit in astructure), including the appurtenant land, located within theauthority's field of operation which is the dwelling place ofan individual or one family, provided that, such term may, atthe discretion of the board of an authority, include a structurein such field of operation containing more than one dwellingunit or other living arrangement, including personal careboarding homes, nursing homes, board and care homes or otherprotective oversight living arrangements which may have commonareas, including eating, food preparation, recreation and loungeareas.

(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 publicinstrumentalities and bodies corporate and politic (one foreach second class county of the Commonwealth). Each suchauthority shall be known as the "(Name of county) ResidentialFinance Authority." No authority shall transact any businessor be otherwise operative until and unless the board of countycommissioners of any county of the second class finds anddeclares by proper resolution that there is a need for anauthority to function within the county and thereby activatessuch authority to carry out the purposes of this article. A

certified copy of such resolution shall be filed with theSecretary of the Commonwealth. Upon receipt of said resolution,the Secretary of the Commonwealth shall issue a certificate ofincorporation. A copy of the certificate of incorporation dulycertified by the Secretary of the Commonwealth shall beconclusive proof that the authority has been properlyestablished.

(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 suchnumber of members as the county commissioners may by resolutionprescribe, but not fewer than five. The members shall beappointed by the county commissioners who may remove any memberat any time with cause. In the case where a resolution isadopted decreasing the number of members, a member may beremoved without cause to provide for the number of membersauthorized by the resolution.

(b) Subject to the provisions of subsection (a), theprovisions 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 toauthorities.

(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 thebroadening of the market for housing, alleviating shortages ofhousing, stimulating the market for housing and improving thequality of life of the residents of the Commonwealth by makingavailable funds for loans evidenced by residential loan notes.Each authority activated pursuant to this article shall be apublic instrumentality, a public body corporate and politic,and shall have all of the powers granted to authorities undersection 4.B of the act of May 2, 1945 (P.L.382, No.164) knownas the "Municipality Authorities Act of 1945," to the extentnot inconsistent with this article and to the extent necessaryto carry out the foregoing purposes and shall also have thefollowing powers:

(1) To proceed with foreclosure actions, to own, lease,clear, construct, reconstruct, rehabilitate, renovate, improve,repair, maintain, manage, operate, assign, encumber, sell orotherwise dispose of any real or personal property obtained bythe authority due to default on any loan held by the authority.

(2) To sell, at public or private sale, with or withoutpublic bidding, any mortgage, mortgage loan or other instrumentor asset or any item of real or personal property owned by theauthority.

(3) To invest in, make commitments to purchase, takeassignments from and to purchase from lending institutionsresidential loan notes and to accept the assignment of anymortgage or other security given for such note, acquired bysuch lending institution pursuant to a prior agreement betweenthe authority and such lending institution which agreementrequires the lending institution to make residential loans toits customers on terms and conditions specified by the authorityin such agreement, including but not limited to terms andconditions relating to the rate of interest on and security forsuch notes.

(4) To make residential loans directly to natural personsto enable such persons to acquire residences or to rehabilitateresidences 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 loanto be originated and serviced by such lending institution.

(5) To become a mortgagee approved for participation in allmortgage insurance programs of the United States Department ofHousing and Urban Development or the Federal HousingAdministration or any successor to either and to enter suchcontracts and agreements with the United States Department ofHousing and Urban Development or the Federal HousingAdministration or their respective successors as may be requiredto achieve such status.

(6) To do all other acts or things necessary or convenientfor the general welfare of the authority and to carry out thepowers 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 grantedin section 2204-A(3), (4) and (5) and section 2205-A(a)and (b) shall not be exercised by an authority afterJune 30, 1984. After June 30, 1984, the authority shallhave power only to do those things necessary to wind-upits affairs and terminate its existence.

Section 2205-A. Bonds.--(a) An authority shall have thepower to issue bonds, including refunding bonds: Provided,however, That the principal, interest and other charges thereonbe payable solely and exclusively from repayment or sale of anyresidential loan notes (including amounts received by theauthority from the sale of real estate or other collateral givenfor such loans) purchased by the authority or moneys contributedto an authority by a county or a municipality, investment incomeor proceeds of refunding bonds.

(b) The bonds shall be sold at public or private sale forsuch prices as the authority may determine, mature at such timeor times, bear interest at such rate or rates, be in such form,contain such provisions for redemption, and be entitled to suchpriorities on the revenues and receipts of such authority, andcontain such other terms all as the authority may determine.The bonds and any appurtenant coupons may be signed manuallyby or may bear the facsimile signature of such officer orofficers 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 grantedin section 2204-A(3), (4) and (5) and section 2205-A(a)and (b) shall not be exercised by an authority afterJune 30, 1984. After June 30, 1984, the authority shallhave power only to do those things necessary to wind-upits affairs and terminate its existence.

Section 2206-A. Transfers, Grants and Loans toAuthorities.--Any county which has activated an authority andany municipality in which an authority is authorized to act ishereby authorized to sell, lease, grant, convey, assign ortransfer, with or without consideration, or lend, anyfacilities, or any interest in real or personal property, ormoney (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 authorizedactivity under this article. This section, without referenceto any other law, shall be deemed complete authority for suchaction, the provisions of other laws to the contrarynotwithstanding.

(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 thisarticle shall not be, nor be deemed to be, a debt or liabilityof the Commonwealth or any county or municipality or a pledgeof the faith, credit or taxing power of the Commonwealth or anycounty or municipality for any purpose, and all obligationsshall contain a statement to the effect that such obligationsdo not constitute a debt or liability of the Commonwealth orany county or municipality for any purpose, and that neitherthe faith and credit nor the taxing power of the Commonwealthor the county or municipality is pledged to or available forthe payment of the principal of or any premium or interest onsuch 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 theact of May 2, 1945 (P.L.382, No.164), known as the "MunicipalityAuthorities Act of 1945," are hereby made applicable toauthorities and to this article and are incorporated herein byreference as if set out at length: Provided, however, Thatreferences in such sections to "authorities" shall be deemedto be references to authorities created and activated pursuantto section 2202-A and references therein to "this act" shallbe 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 existenceof fifty years from the date of the resolution activating it.The board of county commissioners of any county of the secondclass with an existing residential finance authority having aterm of existence of fewer than fifty years may, by properresolution which finds and declares that there is a need forthe continued existence of the county's residential financeauthority beyond the period of existence originally providedfor, extend the authority's term of existence to a date notexceeding fifty years from the date of the resolution.

(2209-A added Nov. 23, 1983, P.L.227, No.65)

Article XXIIIPublic Health

(a) General Provisions

Section 2301. Health Work.--The county commissioners mayprovide and annually appropriate from any moneys in the countytreasury not otherwise appropriated such sum or sums as theydeem 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, Wingor Unit.--Whenever, in the opinion of the board of commissionersof the county or the boards of commissioners of two or morecounties, a hospital for the care and treatment of contagiousdiseases appears to be necessary or advisable, the board ofcommissioners of the county or the boards of commissioners oftwo or more counties jointly may either erect, construct andequip such a hospital on the grounds of the county institutiondistrict of any of the counties joining, or may purchase asuitable site for such purpose in some other locality. In lieuof erecting and constructing a separate contagious disease

hospital, the board of commissioners of a county or the boardsof commissioners of two or more counties jointly may enter intoan agreement with a general nonsectarian nonprofit hospital orhospitals within the county or within any of such counties orany adjoining county, and may appropriate county moneys to suchhospital or hospitals, for the erection, construction andequipment of a building or wing or unit for the care, isolationand treatment of contagious disease cases. In any suchcontagious disease hospital or building, wing or unit, provisionshall be made for the care and treatment of indigent personsand of persons who are able to pay for their care and treatmentin whole or in part.

The county commissioners may in like manner join inestablishing, maintaining, equipping and operating a contagiousdisease hospital with any municipality within the county.

Section 2311. Plans and Specifications; Approval;Construction.--Plans and specifications for any county or jointcounty hospital or building, wing or unit at a general hospitalshall be prepared by the board or boards of commissioners orat their instance, or by the general hospital with which anagreement has been made, as the case may be, which plans andspecifications must be submitted to the Secretary of Health ofthe Commonwealth. The cost of the preparation of such plansshall be paid by the county or counties so joining. Upon theapproval of said plans and specifications by the Secretary ofHealth of the Commonwealth, any county or joint countycontagious disease hospital may be constructed and equipped inthe same manner that any other county buildings are constructedand equipped, and in the case of a building, wing or unit at ageneral hospital, the same shall be constructed and equippedby the authorities in charge of the general hospital, as maybe provided in the agreement with the county or countiesjoining. But in either event, the expense and cost of sucherection, construction and equipment and the cost of the site,if any, shall be paid by the board or boards of commissionersout of county funds.

Section 2312. Expenses of Maintenance, Care andTreatment.--All expense incident to the maintenance andoperation of any such county or joint county contagious diseasehospitals and of buildings, wings and units at general hospitalsshall be paid by the county or counties so joining, as may beprovided in any agreement, out of county funds. The county orcounties so joining shall be liable for the cost of operatingany such county or joint county contagious disease hospital,and each county shall separately be liable to pay the cost ofthe care and treatment of its indigent patients and those unableto pay the entire cost of care and treatment in such contagiousdisease hospitals and in buildings, wings and units at generalhospitals, and for such purposes any county or the counties sojoining shall have power to appropriate county funds.

Section 2313. Administration of County and Joint CountyHospitals.--After any such county hospital is erected andequipped and ready for occupancy, it shall be operated by andunder the authority of the county commissioners of the countyin the same manner that other county buildings and institutionsare operated, and in the case of joint county hospitals, theoperation shall be in the manner provided in the agreementbetween the counties. All county or joint county contagiousdisease hospitals heretofore erected and constructed shallhereafter be maintained and operated in the manner provided bythis act.

Section 2314. County Agreements for Joint Contagious DiseaseHospitals, Buildings, Wings and Units.--Whenever the countycommissioners of two or more counties decide that a hospitalor a building, wing or unit at a general hospital for the careand treatment of contagious diseases is necessary, they shallenter into an agreement for such purposes and therein providehow and in what proportions each county shall bear the expensesincident to the construction, operation and maintenance of thejoint hospital, building, wing or unit for contagious diseases.

Section 2315. County Hospital for Tuberculosis.--Wheneverone hundred or more citizens, residents of a county, petitionthe county commissioners for the establishment of a countyhospital for the treatment of persons afflicted withtuberculosis, the county commissioners shall, at the nextgeneral or municipal election, submit to the voters of thecounty the question whether or not the county shall establishsuch a hospital. Such question shall be printed at the foot ofthe ballot and shall be in the form provided by the generallaws for the submission of such question. The vote on suchquestion shall be counted, returned and computed in the mannerprescribed by the general election laws of the Commonwealth.

Section 2316. Power to Acquire Site.--If a majority of theelectors voting upon such question at such election shall votein favor of the establishment of such a hospital, the countycommissioners shall acquire a site for such hospital, eitherby purchase or condemnation; in case such site shall be acquiredby condemnation, the procedure for the assessment of damagesfor the property taken shall be as prescribed by article XXVIof this act.

Section 2317. Advisory Board.--If a majority of the electorsvoting upon such question at such election shall be in favorof the establishment of a hospital, the court of common pleasof the county shall immediately appoint an advisory board offive members, all of whom shall be electors of the county andone of whom shall be a licensed physician. The members of saidboard shall be appointed, one for a term of five years, one fora term of four years, one for a term of three years, one for aterm of two years, and one for a term of one year, or untiltheir successors are appointed and have qualified. Allappointments at the expiration of any term shall be for a termof five years.

The board shall meet monthly and at such other times as itmay be deemed necessary. The board shall visit and inspect andkeep in close touch with the management and operation of saidhospital, and shall, from time to time, make suchrecommendations and suggestions to the county commissioners forchanges or improvements in said management and operation as maybe deemed advisable. It shall also make an annual report to thecounty commissioners concerning the management and operationof said hospital.

The county commissioners shall, at the expense of the county,provide a meeting place for said board, and furnish all suppliesand materials necessary to carry on its work.

The members of the board shall not receive any compensationfor their services but shall be allowed all actual and necessaryexpenses incurred in the discharge of their duties, which shallbe paid by the county.

Section 2318. Site and Plans; Approval.--If a majority ofthe electors voting upon such question at such election shallbe in favor of the establishment of the hospital, the countycommissioners 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 hospitalshall be erected until such plans and specifications and thesite therefor have been first approved by the Secretary ofHealth and the county controller.

Section 2319. Construction and Equipment.--Any such hospitalshall be constructed by contract or contracts let by the countycommissioners to the lowest responsible bidder, as provided bythis act, and when so constructed, the hospital shall beequipped 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 commissionersmay, after consultation with the advisory board, employ asuperintendent and such physicians, nurses and other employesas may be necessary to properly conduct and manage suchhospital. The compensation of such employes shall be fixed bythe salary board and such salaries shall be paid from the countytreasury.

Section 2321. Management.--The county commissioners shallhave power, after consulting with the advisory board, to makegeneral rules and regulations for the management of thehospital, and shall have power to do all acts deemed necessaryto promote the usefulness of the hospital in the prevention oftuberculosis.

Section 2322. Use of Hospital.--Every hospital establishedunder the provisions of this act shall be used for the benefitof all inhabitants afflicted with tuberculosis resident withinthe county in which the hospital is located, and all suchpersons shall be entitled to occupancy, nursing, care, treatmentand maintenance according to the rules and regulationsprescribed by the county commissioners. The county commissionersmay exclude from the use of the hospital any person who wilfullyviolates any rule or regulation adopted for the hospital bysaid county commissioners. The county commissioners may chargeand collect, from persons admitted to the hospital or personslegally responsible for their maintenance, reasonablecompensation for the care, treatment and maintenance of suchpersons, but free treatment shall be given to all such personswho are, after reasonable investigation, found to be unable topay.

Section 2323. Patients From Other Counties; Donations.--Thecounty commissioners may admit patients to said hospital whoare resident within any other county of the Commonwealth,provided such other county agrees to reimburse the county inwhich the hospital is located for all charges in connectionwith the admission, maintenance, care and treatment of suchpatients. Authority is hereby conferred upon all counties inthe State to pay to any other county in which such hospital islocated reasonable charges for patients cared for by saidhospital resident in the county paying such charges. All moneyreceived from the care and maintenance of patients or from giftsor donations shall be paid into the county treasury and shallbe used only for the maintenance of such hospitals. Countycommissioners are authorized and empowered to receivecontributions, donations, property and trust funds for theerection and maintenance of hospitals as provided in this act.

Section 2324. Appropriations; Tax Levy.--The advisory boardherein provided for shall, by December thirty-first of eachyear, furnish to the county commissioners and the countycontroller a schedule of expenses deemed necessary for themaintenance and operation of the hospitals for the ensuing year,and the county commissioners shall, after considering theschedule submitted by the advisory board, annually make

appropriations deemed by them sufficient to properly manage andoperate said hospital. The county commissioners shall levy aspecial tax sufficient to produce the moneys appropriated tosaid hospital, which tax shall be collected in the same manneras other county taxes and shall be paid into the countytreasury. All payments from the county treasury shall be madeby warrant of the county commissioners, countersigned by thecounty controller.

Section 2325. Increase of Indebtedness.--The countycommissioners of every county establishing a hospital asprovided for in this act may incur or increase the indebtednessof the county, in accordance with the Municipal Borrowing Law,to an amount sufficient to pay the cost of acquiring a site andof erecting, constructing and equipping the said hospital, byissuing coupon bonds at a rate of interest not exceeding sixper centum and payable within thirty years from the date ofissue. The county commissioners shall levy an annual tax in anamount necessary to pay interest and sinking fund charges uponsuch bonds.

(c) County Health Aid to Institutionsand Political Subdivisions

Section 2330. Appropriations to Hospitals, TuberculosisSanitaria and Homes.--The commissioners may appropriate moneysfor the support of any hospital located within or without thelimits of such county which is engaged in charitable work andextends treatment and medical attention to residents of suchcounty, and may also appropriate moneys for the support of anyhome or place of detention of dependent, delinquent andneglected children located within the county, and may alsoappropriate moneys for the support of any sanitarium for thetreatment of persons afflicted with tuberculosis located withinthe Commonwealth of Pennsylvania, which sanitarium is engagedin charitable work and extends treatment and medical attentionto residents of such county.

Section 2331. Appropriation to Society MaintainingTuberculosis Sanitorium for Indigent.--The commissioners mayappropriate to any duly incorporated society chartered tomaintain a sanitorium for the treatment therein of personssuffering from tuberculosis so much money as may be necessaryfor the maintenance of indigent persons, residents of thecounty, who may be inmates of such sanitorium and undertreatment for tuberculosis. The commissioners shall at all timehave free access to such sanatorium for inspection of itsmanagement and for the ascertainment of the number of indigentpersons receiving treatment therein.

Section 2332. Aid to Boroughs and Townships for SewagePurposes.-The board of county commissioners may appropriatemoneys from the county treasury to aid cities of the thirdclass, boroughs, incorporated towns or townships in theconstruction or maintenance of sewers or sewage treatment works,where such sewers and treatment works have been first approvedby the Sanitary Water Board of the State Department of Healthin the manner provided by law.

Section 2333. Aid to Townships for Water Systems.--Thecounty commissioners may appropriate moneys from the countytreasury to aid townships to construct or complete watersystems, where such water systems have been first approved bythe State Department of Health.

(d) Joint Management of County and

City Hospitals

Section 2350. Joint Management of Hospitals with Cities.--Inthe county where the county seat is, within the limits of anycity, the county commissioners and the proper corporateauthorities of such city shall have the power and they arehereby authorized to agree upon the administration, management,maintenance, control and operation of any or all city hospitalsand institutions and of any or all county hospitals andinstitutions within the county under one board of managers, andto share the expenses thereof in such manner and proportionsas shall be agreed upon.

Section 2351. Board of Managers; Appointment and Terms.--Theboard of managers shall consist of seven members. Three members,one of whom shall be a member of the board of countycommissioners, shall be appointed by the county commissioners.Two members shall be appointed by the mayor of such city. Onemember, who shall be a member of city council, shall beappointed by the council of such city. One member shall beappointed by the county commissioners and mayor jointly. Inacting on the appointment of such last member, the three countycommissioners together shall have one vote and the mayor shallhave one vote.

The members of the board shall be appointed for terms offour years and shall serve without compensation.

The board shall organize each year by electing one of itsmembers chairman and another member secretary of the board.

Section 2352. Employes; Appointment; Salaries.--(a) Theboard of managers shall employ a superintendent for eachhospital and institution under its control, and such medical,surgical, nursing and other staffs and such other employes asthey deem necessary for the proper conduct of the activitiesof the respective hospital or institution.

(b) All persons appointed by the board shall be qualifiedaccording to standards, not inconsistent with law, adopted bythe board, and pursuant to such oral or written examinationsas the board shall prescribe. In so far as possible, vacanciesshall be filled by promotions from among the then employes ofthe board.

(c) The salaries or other compensation of all appointeesof the board shall be fixed by the board, subject to theapproval and ratification by the salary board of the county andthe proper corporate authorities of the city, and shall be paidby the county and city in such proportions as shall be agreedupon by the county commissioners and such corporate authorities.

Section 2353. Rules and Regulations.--The board of managersshall, subject to the approval of the county commissioners ofthe county and the proper corporate authorities of the city,make such by-laws, rules and regulations for the management ofthe several hospitals and institutions as it may deem advisable.

Section 2354. Civil Service Act Not to Apply.--The rightof appointment by the board of managers of a superintendent foreach hospital and institution, surgical, nursing and otherstaffs and other employes shall not be limited or restrictedin any manner by the requirements of the present civil serviceact applicable to any city, nor shall any such act apply to anyperson so appointed.

Section 2355. Hospitalization of Persons with InfectiousDiseases.--The county commissioners of the county are herebyauthorized to enter into contracts with the proper authoritiesof any city within the county for the hospitalization of persons

suffering from any infectious disease and to make appropriationsfor such purposes.

Article XXIVAeronautics

Section 2401. Authority to Establish Airports.--Subject tothe provisions of The Aeronautical Code, the county shall havethe right and authority to establish, construct and provide forair navigation facilities in accordance with the provisions ofthis article.

Section 2402. County May Hold or Acquire Lands for AirNavigation and Terminal Facilities.--(a) The county may usefor the purpose of any air navigation and terminal facilitiesany land within the county and owned by the county when thecounty commissioners determine such land necessary for suchpurposes.

(b) The county may appropriate for the purpose of any airnavigation and terminal facilities any lands purchased by itat any tax sale and not redeemed within the period ofredemption, if any, provided by law.

(c) The county may acquire by gift, lease, purchase orcondemnation proceedings any land lying within its territoriallimits or the territorial limits of any adjoining county which,in the judgment of the county commissioners, may be necessaryand desirable for the purpose of establishing and maintainingair navigation and terminal facilities or of enlarging them,but no such land shall be so acquired in any adjoining countywithout the assent of the county commissioners thereof.

Section 2403. Condemnation Proceedings; Title.--Theproceedings for the condemnation of lands under the provisionsof this article and for the assessment of damages for propertytaken, injured or destroyed shall be conducted in the samemanner as provided under Article XXVI.

The title acquired by virtue of any such condemnation maybe a title in fee simple or any lesser estate, including, butnot 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 navigationand terminal facilities may enter into agreements in the formof a lease, permit, license, concession or otherwise for theuse of the same or part thereof, for an adequate consideration,with any person or corporation desiring to use the same for anyair navigation and terminal purpose or of any air navigationand terminal facility, or for any nonaviation purpose; providedthat all such agreements for nonaviation purposes shall be forterms of less than fifty (50) years and may involve only landdesignated in the county's airport master plan as not neededfor airport purposes within the term of the lease, on such termsand subject to such conditions and regulations as may beprovided. The county may enter into a contract in the form ofa lease or otherwise providing for the use of said land or anypart thereof by the government of the United States for air-maildelivery or other air navigation and terminal purposes, uponnominal 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 facilitiesmay operate and maintain such facilities jointly with any city,county, borough, township or other political subdivision, uponsuch 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 hereinbeforeprovided upon the joint action of the corporate officialsinvolved and the county commissioners.

Section 2406. Engineering and ConstructionAppropriations.--The county acquiring any land for any airnavigation and terminal facilities may, by resolution of theboard of commissioners, appropriate such funds as are necessaryfor the engineering design, surveys and construction of suchfacilities, either wholly by themselves or in cooperation withState, Federal or other public agencies supplying a portion ofthe necessary funds for said work.

Section 2407. Contracts for Construction and Repairs.--Inestablishing, maintaining and operating air navigation andterminal facilities where construction and repair of roadways,runways, buildings and facilities or the purchase thereof aredeemed necessary within or for use within the limits of landacquired for such purpose, there shall be no necessity forsubmission thereof to the court of quarter sessions of thecounty, but contracts therefor shall be entered into as providedin 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 providedfor the general business of any of such participating politicalsubdivisions.

Section 2408. Validation of Contracts.--Any contractsheretofore entered into for construction and repair of roadways,runways, buildings and facilities or the purchase thereof withinor for use within the limits of land acquired for theestablishment and operation of airdromes or landing fields,without first having obtained the approval of the court ofquarter sessions of the county and entered into as provided forthe general business of the county or other politicalsubdivisions jointly interested, are hereby ratified, confirmed,approved and declared lawful contracts.

Section 2409. Issuance of Non-Debt Revenue Bonds forAeronautical Facilities.--In addition to present methods offinancing the same, the county commissioners are empowered toissue non-debt revenue bonds pursuant to provisions of the actof June 25, 1941 (P.L.159), known as the "Municipal BorrowingLaw," and its amendments, to provide sufficient moneys for andtoward the acquisition, construction, reconstruction, extensionor improvement of aeronautical facilities, including but notlimited to airports, terminals, hangars, parking areas and allother facilities either necessary thereto or appropriatetherefor, said bonds to be secured solely by the pledge of thewhole or part of the fees, rents, tolls or charges derived fromthe ownership or operation of such facilities or for the useor service of the same.

Said aeronautical facilities financed by the issuance ofnon-debt revenue bonds as in this section provided may be leasedby the county, in whole or in part, to a lessee or lessees fora period of years equal in time to the period of maturity ofthe bonds so issued.

Included in the cost of the issue may be any costs andexpenses incident to constructing and financing the facilitiesand selling and distributing the bonds.

(2409 added Dec. 21, 1967, P.L.875, No.388)

Article XXVGrounds, Property and Buildings

(a) General Provisions

Section 2501. Title to Real Estate Vested in County.--Thetitle to all courthouses, jails, prisons and workhouses,together with the lots of land thereunto belonging orappertaining, and all other real property acquired or that mayhereafter be acquired by or for the use of the county, shallbe vested in the county for the use of the people thereof andfor no other use, except as hereinafter provided.

Section 2502. Insuring Buildings and Contents.--The countycommissioners may provide insurance against fire and extendedcoverage against public liability and such other forms ofinsurance, including insurance against burglary, as shall seemproper to them for county buildings and the contents, real andpersonal, thereof. The cost of such insurance shall be paidfrom the general funds of the county.

Section 2503. Credit of County Available for Grounds andBuildings.--In the acquisition, construction or alteration, asthe case may be, of land and buildings for county purposes, thecommissioners may issue bonds of the county, in accordance withthe Municipal Borrowing Law, to meet the costs thereof, exceptas any other system of financing shall be expressly providedby law.

(b) Acquisition, Use, Leasing and DisposingOf Property for County

Section 2505. Acquiring and Using Real Property;Exceptions.--(a) The county commissioners may purchase for notmore than fair market value, take by gift, devise or by thepower of eminent domain, in accordance with the provisions ofthis act, such real property at the county seat or in such otherplaces, as may be authorized by law, as they deem necessary forthe purposes of a county courthouse, county jail, prison,workhouse, detention house or other county building, either inacquisition of a building suitable for such purposes or in theconstruction of a new building, or in the alteration, includingenlargement, of an existing county building. The fair marketvalue of real property in the case of a purchase valued inexcess of ten thousand dollars ($10,000) shall be determinedby the county commissioners in consultation with two (2) of thefollowing: the county assessor, a licensed real estate brokeror licensed real estate appraiser doing business within thecounty. ((a) amended Nov. 30, 2004, P.L.1439, No.186)

(b) The county commissioners may also use any real propertyat the county seat or elsewhere, as authorized by law, ownedby the county, and deemed suitable by them for the purposesaforesaid, except such property as is bound by contract toanother public use.

(c) The county commissioners may provide for the grading,filling, draining, gardening and otherwise improving andmaintaining of all lands for county buildings, either bycontract or by county employes, as they deem proper.

(d) To the extent that any of the matters provided forherein are otherwise specifically provided for by law, withregard to any particular acquisitions of real property bycounties, either by tax sales or by other purchases, thissection 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 fairmarket value or lease, either as lessor or lessee, any realproperty belonging to the county or to others where the county

is lessee. If the commissioners know or have reason to believethat 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 thedescription of the land in at least two newspapers of generalcirculation in the county once a week for three consecutiveweeks. The fair market value of real property in the case of asale valued in excess of ten thousand dollars ($10,000) shallbe determined by the county commissioners in consultation withtwo of the following: the county assessor, a certifiedbroker-appraiser or certified real estate appraiser doingbusiness within the county.

(a.1) (1) The provisions of subsection (a) shall not bemandatory where county real property is to be sold to any ofthe following:

(i) A city, borough, town, township, institution district,school district, volunteer fire company, volunteer ambulanceservice 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 inwhich a nonprofit corporation is a general partner and managingagent engaged in community industrial, commercial or affordablehousing development or reuse for its exclusive use forindustrial, commercial or affordable housing development. Thisexemption shall not apply to property owned and operated by acounty or subcontracted or operated on behalf of a county inorder to conduct existing government functions.

(iv) A person for his exclusive use in an industrialdevelopment program.

(v) A nonprofit corporation organized as a public libraryfor its exclusive use as a library.

(vi) A nonprofit medical service corporation for itsexclusive use as a site for a medical service facility.

(vii) A nonprofit housing corporation for its exclusive usefor 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 FinancingLaw."

(xi) A redevelopment authority pursuant to the act of May24, 1945 (P.L.991, No.385), known as the "Urban RedevelopmentLaw."

(2) When the real property is to be sold or leased to aqualified entity under this subsection, the commissioners mayelect to accept such nominal consideration for such sale as itshall deem appropriate. Real property sold pursuant to thissubsection to any entity under this subsection, other than acity, borough, town, township, institution district, schooldistrict, municipal authority pursuant to 53 Pa.C.S. Ch. 56located within the county, the Federal Government or theCommonwealth shall be subject to the condition that when theproperty is not used for the purposes of the entity the propertyshall revert to the county.

(b) In the case of any lease of real property by the countyhereunder, such property, with any and all improvements oradditions thereon or thereto, shall, in the hands of the lessee,be subject to taxation by such county and any other municipalor political subdivision therein, in the same manner as allother real estate located in such county, all of which taxesshall be levied and assessed against and paid by the lessee.

(c) This section shall not apply to leases or sales ofcounty property or other property which are otherwisespecifically provided for by law.

(d) This section shall not apply to sales to a nonprofitcorporation engaged in community industrial, commercial oraffordable housing development. Such conveyances or leases shallbe 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 toany industrial development agency designated as such anindustrial development agency, in the manner provided by Chapter23 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 thecounty or hereafter acquired by it for the purpose ofestablishing or enlarging any commercial, industrial ormanufacturing enterprise or research and development centerwithin the county, and make with such industrial developmentagency any and all agreements for the industrial developmentof such lands, easements or rights in lands, or may lease toany such industrial development agency for a term not exceedingninety-nine years at a nominal or other rental, as may bedetermined, any or all lands, easements or rights in lands,together with any improvements, structures or buildings thereinor thereon now owned by the county or hereafter acquired by itfor the purpose of establishing or enlarging any commercial,industrial or manufacturing enterprise, or research anddevelopment center within the county.

(b) Any instrument of sale, lease or other agreement madepursuant to this section may contain provisions regulating theuses 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 otherprovisions of law, whenever the board of commissionersdetermines that the continued ownership and operation of aninstitution for the care of dependents is economicallyunfeasible, the county commissioners may sell the real propertybelonging to the county and being used for such purposes,together with all of the contents of personal property used inconnection with and incidental to the operation of theinstitution, as a single unit. Any such sale of real propertyand personal property as a single unit shall be deemed a saleof real property only and shall comply only with the provisionsof 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 anyreal estate belonging to the county which they are authorizedto sell or lease, under their hands and seals as commissioners,with the seal of the county attached, and the same shall be agood and lawful conveyance in fee simple or lease.

Section 2508. Conveyances to General State Authority.--Thecounty may grant, assign and convey to the General StateAuthority, with or without consideration, any lands, easementsor rights in lands, together with any improvements, buildingsor structures therein or thereon, now owned by such county orhereafter acquired by it, needed or convenient as a site for a

county courthouse, or may lease to the Authority, for a termnot exceeding ninety-nine years, at a nominal or such otherrental as may be determined, any or all such lands, easementsor rights in lands, together with any improvements, structuresor buildings therein or thereon.

Section 2509. Leasing from General State Authority.--Thecounty may enter into contracts with the General State Authorityto lease as lessee from the Authority any county courthouse orany improvement thereto and the furnishings and equipmentthereof, constructed by the Authority, for a term not exceedingthirty years, at such rental or rentals as may be determinedby the Authority. Upon the completion of such county courthouseor improvements and the furnishings and equipment thereof, thecounty may lease the same as lessee from the Authority for aterm, not exceeding thirty years, at such rental or rentals asmay be determined by the Authority.

Section 2510. Acquisition of Lands for Conveyance to GeneralState Authority.--The county may acquire lands or interests inlands by purchase, gift or condemnation, which may be requiredto carry out the purposes of the two sections immediatelypreceding.

Section 2511. Sale of Personal Property; Demolition andRemoval of County Buildings.--(a) (1) The county commissionersmay sell at private sale any county owned personal propertyvalued by the controller at not more than one thousand dollars($1,000), or at public sale, under conditions prescribed by thecommissioners, any county owned personal property valued inexcess of that amount.

(2) The provisions of this section shall be construed toallow:

(i) County property to be traded in or exchanged for newpersonal property.

(ii) The sale of personal property with real property as asingle unit.

(b) Whenever any county owned building is deemed by thecounty commissioners to be no longer suitable for use by thecounty, they may cause it to be demolished or removed from itslocation by such means or in such manner as they deem to be inthe public interest.

(2511 amended Nov. 30, 2004, P.L.1439, No.186)

(c) Construction or Alteration of CountyBuildings

Section 2515. Authority for Constructing CountyBuildings.--Whenever the board of commissioners are authorizedand required to erect a courthouse, jail or other countybuilding, they shall submit the plans and specifications adoptedby them to the court of common pleas for its approval. Uponapproval, the county commissioners shall let the work bycontract to the lowest responsible bidder, in accordance withthe provisions of this act.

Section 2516. Right to Build on Public Squares.--Wheneverthe courthouse, jail or other building of the county is locatedupon a public square or common in the city, borough or township,then being the county seat, and a new building is authorizedand required to be erected in place of such courthouse, jailor other building, the board of county commissioners may erectsuch new building upon any other of the public squares orcommons of said city, borough or township, or upon any partthereof, if the council of the city, borough or township shallhave first consented to such new location for said building.

Section 2517. Separate Specifications and Contracts forCertain Items.--(a) In the preparation of specifications forthe erection, construction and alteration of any publicbuilding, when the entire cost of such work shall exceed t hebase amount of eighteen thousand five hundred dollars ($18,500),subject to adjustment under section 112, the architect, engineeror other person preparing such specifications shall prepareseparate specifications for the plumbing, heating, ventilatingand electrical work. The board of commissioners shall receiveseparate bids upon each of the said branches of work and awardthe contract for the same to the lowest responsible bidder foreach of said branches. ((a) amended Nov. 3, 2011, P.L.360,No.89)

(b) Notwithstanding the separate specification provisionsof subsection (a), an authority organized under the act ofAugust 23, 1967 (P.L.251, No.102), known as the EconomicDevelopment Financing Law, which is engaged to erect, constructor alter a public purpose facility for the county may elect touse an alternative contracting procedure as follows:

(1) The authority may, in its sole discretion, elect to usean alternative contracting procedure for a project involvingselected public purpose facilities. If the authority elects toutilize an alternative contracting procedure, its board shalladopt a resolution that the use of an alternative contractingprocedure is the most efficient, economical and timely methodto proceed with a project. Upon adoption of a resolution, theauthority shall request written proposals from proposers for aproject involving selected public purpose facilities under analternative contracting method. In its request for proposals,the authority shall include such terms, conditions andrequirements which it deems necessary to protect the authorityand the interests of the public.

(2) In reviewing and evaluating the proposals for a projectinvolving selected public purpose facilities, the authorityshall, in addition to compliance with the terms, conditions andrequirements set forth in the request for proposals, considerthe 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 ofproposals under the criteria described in this paragraph, theauthority may, in its discretion, upon recommendation of itsdesignee or project end user, select a proposal and award acontract to a responsible proposer under an alternativecontracting procedure. The award of a contract for the projectneed not be awarded to the lowest priced proposer.

(3) Any contract awarded under this subsection shall beexempt from the act of May 1, 1913 (P.L.155, No.104), entitled"An act regulating the letting of certain contracts for theerection, construction, and alteration of public buildings,"or from any subsequent enactment or reenactment of substantiallysimilar separate bid specification requirements.

(4) As used in this section, the following words and phrasesshall have the meanings given to them in this subsection:

(i) Alternative contracting procedure. A procedure underwhich a proposer would be responsible for all aspects or phasesnecessary to achieve the development of a parcel of property.

Such aspects or phases of development may include, but notnecessarily be limited to, the planning, design, finance,construction and management of property.

(ii) Design/build contract. A construction contract in whichthe contractor is responsible for both the design andconstruction of any public structure, building or other publicimprovement of any kind to any public real property.

(iii) Proposer. A firm, organization, or company or acombination of firms, organizations or companies acting as apartnership, joint venture, consortium or similar jointrelationship with sufficient knowledge, expertise and experiencein design/build contracts.

(iv) Project or project involving a selected public purposefacility. The demolition, modification and construction of abuilding or group of buildings with related facilities formerlyowned by a county and previously used as a jail or officefacility.

(v) Project end user. The governmental body or entity thatwill use the selected public purpose facility under a contractor 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 amendedsubsec. (a), provided that Act 89 shall apply to contractsand purchases advertised on or after January 1 of theyear following the effective date of section 6.

Section 2518. Additional Bond to Protect Labor andMaterialmen 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 "PublicWorks Contractors' Bond Law of 1967," for construction contractsawarded for amounts between twenty-five thousand dollars($25,000) and one hundred thousand dollars ($100,000), thesuccessful bidder shall furnish a bond guaranteeing performanceof the contract, in an amount as determined by the board ofcommissioners at the time of advertising for bids which shallbe not less than ten per centum nor more than one hundred percentum of the amount of the contract, within thirty (30) daysafter the contract is awarded. When a construction contract isawarded in excess of one hundred thousand dollars ($100,000),the following bonds shall be delivered to the county and shallbe binding on the parties upon the execution of the contract:

(1) A performance bond executed by a surety companyauthorized to do business in this Commonwealth and made payableto the county in an amount as determined by the countycommissioners at the time of advertising for bids which shallbe not less than fifty per centum nor more than one hundred percentum of the price specified in the contract and conditionedupon the faithful performance of the contract in accordancewith the plans, specifications and conditions of the contract.

(2) A payment bond executed by a surety company authorizedto do business in this Commonwealth and made payable to thecounty in an amount equal to one hundred per centum of the pricespecified in the contract and conditioned upon the promptpayment for all materials furnished or labor supplied orperformed in the prosecution of the work. Labor or materialsinclude public utility services and reasonable rentals ofequipment for the periods when the equipment is actually usedat the site.

(f) A performance bond shall be solely for the protectionof the county. A payment bond shall be solely for the protectionof claimants supplying labor or materials to the primecontractor to whom the contract was awarded or to any of itssubcontractors in the prosecution of the work provided for inthe contract, whether or not the labor or materials constitutesa component part of the construction.

(g) Nothing in this section shall be construed to limit theauthority of the commissioners to require a performance bond,payment bond or other security in addition to those bonds orin circumstances other than specified in subsection (e).

(h) Actions on payment bonds shall be pursuant to thefollowing:

(1) Subject to paragraph (2), any claimant who has performedlabor or furnished material in the prosecution of the workprovided for in any contract for which a payment bond has beengiven under subsection (e) and who has not been paid in fullbefore the expiration of ninety (90) days after the day on whichthe claimant performed the last of the labor or furnished thelast of the materials for which it claims payments may bringan action on the payment bond in its own name, in assumpsit,to recover any amount due it for the labor or material and mayprosecute the action to final judgment and have execution onthe judgment.

(2) Any claimant who has a direct contractual relationshipwith any subcontractor of the prime contractor who gave thepayment bond but has no contractual relationship, express orimplied, with the prime contractor may bring an action on thepayment bond only if it has given written notice to thecontractor within ninety (90) days from the date on which theclaimant performed the last of the labor or furnished the lastof the materials for which it claims payment, stating withsubstantial accuracy the amount and the name of the person forwhom the work was performed or to whom the material wasfurnished.

(3) Notice shall be served by registered mail in an envelopeaddressed to the contractor at any place where its office isregularly maintained for the transaction of business or servedin any manner in which legal process may be served in the mannerprovided by law for the service of a summons except that theservice need not be made by a public officer.

(i) The dollar threshold set forth in subsection (e) shallbe adjusted annually to reflect the annual percentage changein the Composite Construction Cost Index of the United StatesDepartment of Commerce occurring in the one-year period endingDecember 31 of each year.

(2518 amended Nov. 30, 2004, P.L.1439, No.186)

Compiler's Note: Section 10 of Act 385 of 1967 providedthat Act 230 is repealed insofar as it is inconsistentwith Act 385.

Section 2519. Compliance with Workmen's CompensationLaw.--(a) All contracts executed by the board of commissionerswhich shall involve the construction or doing of any workinvolving the employment of labor shall contain a provisionthat the contractor shall accept, in so far as the work coveredby any such contract is concerned, the provisions of the actof June 2, 1915 (P.L.736, No.338), known as the "Workers'Compensation Act," and any reenactments, supplements oramendments thereto, and that the said contractor will insurehis liability thereunder or file with the board of commissioners

a certificate of exemption from insurance from the Departmentof Labor and Industry of the Commonwealth.

(b) The board of commissioners, before signing on behalfof the county any contract, requiring in its performance theemployment of labor, shall require proof that the saidcontractor with whom the contract is made shall have acceptedthe Workers' Compensation Act and any reenactments, supplementsor amendments thereto, and proof that the said contractor hasinsured his liability thereunder in accordance with the termsof said act or that the contractor has had issued to him acertificate of exemption from insurance from the Department ofLabor and Industry.

(c) Any contract executed in violation of the provisionsof 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 PublicOrder of Grounds and Buildings

Section 2525. Buildings and Grounds to be Kept in Order andRepair.--The commissioners shall keep and maintain the publicbuildings of the county in suitable and convenient order andrepair and shall keep the grounds about county buildings inproper condition and appearance.

Section 2526. Watchman and Employes.--The commissioners mayappoint one or more officers or watchmen to guard and protectthe county buildings and to enforce the provisions of this actand other laws relating thereto. Such officers or watchmen shallhave power to arrest on view any person violating the same.

The commissioners shall employ all janitors, firemen,engineers, mechanics, laborers and caretakers of all countybuildings and grounds.

Section 2527. Display of Municipal Flags on County BuildingsAuthorized.--It shall be lawful to display the flag of anycounty, city, borough or other municipality in the Commonwealthon the public buildings of any county.

Section 2528. Buildings and Improvements of Workhouses andInebriate Asylums.--The county commissioners are herebyauthorized and directed, for the purpose of enabling anycorporation and body politic having the control and managementof a workhouse and inebriate asylum as established underexisting law to acquire lands or buildings or to erect buildingsor construct or make any improvements that may be deemednecessary by such corporation, to issue bonds and to sell anddispose of the same in the manner provided by law and pay overthe proceeds thereof to the said corporation for any of thepurposes aforesaid.

Section 2529. Disorderly Conduct In and About Courthousesand Jails Prohibited.--It is unlawful for any person to causeany outcry or disorder, or be guilty of any indecent orunbecoming conduct tending to disturb the peace and good order,in the county courthouse, jail or other county buildings, orto wilfully or carelessly defile, deface or injure the floors,walls or any other portion of said buildings, or fences orrailings surrounding the same, or the carpets, furniture orother articles or things used in or about said buildings,belonging to the county. Any person violating any of theprovisions of this section commits a summary offense and, upon

conviction, shall make restitution for damages arisingtherefrom.

(2529 amended Nov. 30, 2004, P.L.1439, No.186)

(e) Special Provisions for Temporary CountyBuildings 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.--(2536repealed 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 secondclass.

(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 heatwithin the county a separate room or rooms or a suitablebuilding to be used exclusively for the confinement of any andall children under the age of sixteen years who may be incustody awaiting trial or hearing in the courts of the county,and provide for the maintenance and care of such children whilein 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.--Advisoryoversight for the management of houses for the detention andreception of juveniles under the age of sixteen years awaitingtrial, hearing or judicial investigation, heretofore orhereafter established under existing law to which this is asupplement or its amendment or under the provision of any otherlaw of the Commonwealth, shall be in a board of advisorsconsisting of the county chief executive, the county controller,and eight private citizens, three to be appointed by thepresident judge of the court of common pleas and the other fiveto be appointed by the county chief executive. The chiefexecutive and the controller may appoint persons to act as theirdesignees for the purpose of attending meetings of the boardand the designees shall have the right to vote at such meetings.The private citizen members of the board shall not be officersor employes of the county. The members of the board or boardsof managers existing in the county shall remain as members ofthe board or boards of advisors created herein until theexpiration of the terms to which they were respectivelyappointed. Annually thereafter, they or their successors shallbe appointed for a term of three years. Vacancies occurring inthe membership of the board shall be filled for the unexpiredterm by the county chief executive or the president judge ofthe court of common pleas depending upon who originallyappointed the board member. The members of the board shall servewithout compensation.

(2538 amended Oct. 30, 2001, P.L.818, No.80)

Compiler's Note: Section 8 of Act 80 of 2001, which amendedsection 2538, provided that actions taken prior to theeffective date of Act 80 by the board constituted undersection 2538 are hereby ratified.

Compiler's Note: Section 9(b) of Act 173 of 1978 providedthat section 2538 is repealed insofar as it isinconsistent with 1 Pa.C.S. § 2301(b) (relating toequality of rights based on sex).

Section 2539. Appointment and Compensation of Employes.--Thecounty manager may appoint a director and such additional staffmembers as may be necessary, whose salaries shall be paid bythe county. The number and compensation of such employes shallbe 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 andDepartment of Budget and Finance, on or before the first dayof September, the amount of money recommended for themaintenance of such house or houses of detention. The countycouncil shall make an annual appropriation for the payment ofthe expenses of administering such house or houses of detention.Expenses incurred in the performance of duties by the board ofadvisors shall be itemized and presented with vouchers to thecounty controller for payment, and a semi-annual report thereofshall be made to the county chief executive and county council.All expenses in connection with the management andadministration of any such house of detention shall be paid bythe county in the manner provided by law for the payment ofcounty 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 ofhousing such children, to appropriate money from the publicfunds or to issue bonds in the manner provided by law for thepurchase of lands or erecting, constructing and equipping abuilding 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 mayin their discretion, upon application therefor, furnish to eachorganization composed of veterans of the Spanish-American War,veterans of World War I and of World War II, or of any otherwar in which the United States engaged, and Sons of UnionVeterans, a room or rooms in any public building of such county,sufficient for the meeting of each of such organizations atleast once each month.

(b) This section shall apply to counties of the second classand second class A.

(2543 amended Oct. 30, 2001, P.L.818, No.80)

(e.1) Special Provisions for Temporary County Buildingsand 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 onlyto 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 andheat within the county a separate room or rooms or a suitablebuilding to be used exclusively for the confinement of any andall children under the age of sixteen years who may be incustody awaiting trial or hearing in the courts of the countyand provide for the maintenance and care of such children whilein custody.

(2543.2 added Oct. 30, 2001, P.L.818, No.80)

Section 2543.3. Management of Houses for Detention ofJuveniles; Appointment of Board; Ex-officio Members.--Themanagement of houses for the detention and reception ofjuveniles under the age of sixteen years awaiting trial, hearingor judicial investigation, heretofore or hereafter establishedunder existing law to which this is a supplement or itsamendment or under the provision of any other law of theCommonwealth, shall be in a board of managers consisting ofthree county commissioners, the county controller, and sixprivate citizens, three to be appointed by the president judgeof the court of common pleas and the other three to be appointedby the chairman of the board of county commissioners. Thecommissioners and the controller may appoint persons to act astheir designees for the purpose of attending meetings of theboard, and the designees shall have the right to vote at suchmeetings. The private citizen members of the board shall notbe officers or employes of the county. The members of the boardor boards of managers existing in the county shall remain asmembers of the board or boards of managers created herein untilthe expiration of the terms to which they were respectivelyappointed. Annually thereafter, they or their successors shallbe appointed for a term of three years. Vacancies occurring inthe membership of the board shall be filled for the unexpiredterm by the chairman of the board of county commissioners orthe president judge of the court of common pleas depending uponwho originally appointed the board member. The members of theboard 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 superintendentand such additional staff members as may be necessary, whosesalaries shall be paid by the county. The number andcompensation of such employes shall be fixed by the salary boardof 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, onor before the first day of November, the amount of moneyrequired for the maintenance of such house or houses ofdetention. The county commissioners shall make an annualappropriation to the board of managers for the payment of theexpenses of administering such house or houses of detention.Expenses incurred in the performance of duties by the board ofmanagers shall be itemized and presented with vouchers to thecounty commissioners for payment, and a semi-annual reportthereof shall be made to the county commissioners. All expensesin connection with the management and administration of anysuch house of detention shall be paid by the county in themanner 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 purposeof housing such children, to appropriate money from the publicfunds or to issue bonds in the manner provided by law for thepurchase of lands or erecting, constructing and equipping abuilding or buildings thereon.

(2543.6 added Oct. 30, 2001, P.L.818, No.80)

(f) Improvement of Streets Along CountyBuildings; Street Lighting

Section 2545. Joining With Municipality in Improving CertainStreets and Highways.--(a) The board of commissioners of thecounty may erect public buildings in any municipality. Thecounty may join with the proper authorities of such municipalityin the grading, regrading, paving, re-paving and improvementof so much of the streets and highways as are in, upon oralongside of the grounds upon which said public buildings stand.

(b) The commissioners may enter into contract with any suchmunicipality for the payment of a just proportion of the expenseof said grading, re-grading, paving, re-paving and improvementof said streets and highways, and may appropriate from thecounty treasury sufficient funds for this purpose. They may actwith any committee or committees which may be appointed by suchmunicipality to establish grades, determine the kind and qualityof paving materials to be used, and ratify the contracts enteredinto by said municipality in the course of said improvements.

(c) No obligation shall rest upon the county for anyproportion of the expenses of such improvements until theselection of grades and paving materials and the acceptance ofbids by said municipality shall have been ratified by the boardof 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 thecounty abuts upon the street of a city or borough which is thecounty seat and which shall provide for the ornamentalillumination of that section of the street whereon the countybuilding abuts, the county commissioners of the county mayappropriate moneys from the county funds towards theinstallation of such ornamental illumination.

(b) The appropriation by the county commissioners of thecounty for such purpose shall not exceed the amount that shallbe assessed for such ornamental illumination upon owners of anequivalent frontage of property abutting upon said street,measured by the foot front rule.

(g) Comfort Stations, Parks andComfort Houses

Section 2550. Parks and Comfort Houses.--(a) Thecommissioners may purchase land to be used for park purposesor for the erection thereon of public comfort houses. The landpurchased for such purposes shall lie within the limits of thecounty. The county may erect and maintain on the land suchbuildings as are necessary to fulfill the purpose for which theland was acquired.

(b) The commissioners may adopt reasonable rules andregulations necessary for preservation, management and controlof parks and public comfort houses so established andmaintained, and provide penalties for the breach thereof. Allrules adopted by the board of commissioners shall, beforebecoming operative, be published once a week for threeconsecutive weeks in a newspaper of general circulation in thecounty.

(c) Any person violating any rules so adopted shall beguilty 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.--Thecommissioners may appropriate money for and provide for the

erection of monuments or memorials commemorating the servicesof any person who has served in the armed forces of the UnitedStates or in any women's organization officially connectedtherewith during any part of any war or armed conflict in whichthe 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 preventduplication, appropriate money to assist any individual, privatecorporation, city, borough or township in the erection of anymonument 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 orCondemnation of Site.--(2558 repealed Nov. 30, 2004, P.L.1439,No.186)

Section 2559. Existing Building May be Used.--If the siteso secured has a hall or building already erected thereon whichcan be altered and improved so as to be made suitable for suchmemorial 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 inpaying the purchase money and price for the site and erectionand construction of such memorial hall, voluntary donations andcontributions may be accepted by the board of commissionersfrom individuals, associations and organizations.

Section 2561. Maintenance of Hall.--Such memorial hall shallbe and remain the property of and shall be maintained at theexpense of the county.

Section 2562. Plan of Hall; Special Rooms to beProvided.--(a) The memorial hall shall be in honor of thesoldiers, sailors and marines from the county who served in theArmy and Navy of the United States in any war in which theUnited States has been or may hereafter be engaged. Suchmemorial halls shall each contain one large assembly room orauditorium for public meetings of the soldiers, sailors andmarines of such county, which may be used also for other publicmeetings and patriotic gatherings by the consent of the boardof control herein provided for.

(b) Such memorial hall shall also contain rooms for meetingsof posts of the Grand Army of the Republic, encampments of theUnion Veterans Legion, commanderies of the Loyal Legion, campsof the Sons of Veterans, Women's Relief Corps, Ladies of theGrand Army of the Republic, chapters of the Daughters of theRevolution, organizations of the Spanish-American War andPhilippine insurrection, the American Legion, Veterans ofForeign Wars, and organizations of veterans of all other warsin which the United States has or may be engaged, and also roomsfor such committees of public defense and welfare as may becreated by the State, or as may be approved by the board ofcontrol hereinafter provided for.

(c) Such memorial halls shall also provide room for thedisplay and preservation of relics and trophies of all wars inwhich 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 whichshall be inscribed the names of such soldiers, sailors andmarines. Such memorial halls shall also contain waiting andrest rooms with lavatories attached.

Section 2563. Historical Society Room to be MadeFireproof.--The room for the county historical society shallbe made as nearly fireproof as possible, and be provided withthe proper files and furnishings for preservation and storingof all historical data of the said county with reference to anyand all subjects.

Section 2564. Board of Managers.--When heretofore there hasbeen erected in the county a hall as a memorial to the soldiersof any war or wars in which the United States of America wasengaged and such hall has been and is maintained by said countyunder authority of existing laws, such hall shall hereafter beunder the control and management of a board of managers. Thepersonnel of such board, the method of selection of the membersthereof, and the extent of its authority shall be as hereinafterprovided.

Section 2565. Personnel.--The board of managers shallconsist of:

(a) Ex-officio members (five): the president judge of thecourt of common pleas of such county; the judge of said courtnext oldest in commission; the county commissioners of thecounty.

(b) Elective members (twenty-three): the elective membersshall be filled by the following veterans' organizations outof their membership: (four) by the county organization of theAmerican Legion; (four) by the county organization of theVeterans of Foreign Wars; (three) by the county organizationsof the Italian American War Veterans of the United States,Incorporated; (two) by the county organization of the DisabledAmerican Veterans; (ten: one each) by the county organizationsof Vietnam Veterans, Incorporated, the American Veterans ofWorld War II, the Jewish War Veterans, the Catholic WarVeterans, the Military Order of the Purple Heart, the ParalyzedVeterans of America, the Korean War Veterans Association, theBlack Vietnam Veterans Association, the WAVES NationalOrganization and the Military Order of World Wars; within thirtydays from the date when this act becomes effective; and theyshall certify such election to the secretary of the existingboard, whereupon the persons so elected shall be members of theboard.

(c) Additional members: the board may extend its membershipby 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 theorganization which chose the members whose place it is desiredto fill: Provided, however, That whenever it may appear thatit is impossible to fill any vacancy in the board caused by thedeath or resignation of a member thereof because no organizationsurvives to choose such members or no person survives who canqualify for such membership, vacancies so created and existingshall, upon notice from the secretary, be filled by the countyorganizations of the American Legion and the Veterans of ForeignWars and the Italian American War Veterans of the United States,Incorporated. That is to say, the first vacancy so caused shallbe filled by the county organization of the American Legion,and the second by the county organization of the Veterans ofForeign Wars, and the third by the Italian American War Veteransof the United States, Incorporated, and so on in rotation. Ifthere is a loss of membership on the board or if an additionalveterans' group seeks membership on the board, the GeneralAssembly shall consider any veterans' group which applies in

writing for membership. The General Assembly may admit a groupto membership if all of the following apply:

(1) The group is a chartered non-profit veterans'organization whose goals are relevant to the representation ofveterans' organizations and whose membership consists solelyof honorably discharged veterans of the armed forces of theUnited States and all components of the armed forces, includingreserve and Pennsylvania National Guard forces.

(2) The group supports and promotes the Constitution of theUnited States and policies and laws of the United States andthis 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 thepowers and the duties of the county commissioners and thevarious courts of the county with respect to such memorial halland the provisions for the maintenance and repair of such hallshall be and continue as provided under existing law.

Section 2568. Purpose of Hall.--Said memorial hall shallbe in memory of the soldiers, sailors and marines from suchcounty who served in the Civil War. It shall also contain onelarge assembly hall or auditorium for public meetings of thesoldiers, sailors and marines of such county, but which may beused for civic purposes or other public meetings. It shall alsocontain rooms for meetings of the posts of the Grand Army ofthe Republic, encampments of the Union Veterans Legion,commanderies of the Loyal Legion, posts of United Spanish WarVeterans, posts of the American Legion, posts of the Veteransof Foreign Wars, posts of the Italian American War Veterans ofthe United States, Incorporated, and kindred patrioticorganizations. It shall also contain rooms and places for theproper display and preservation of relics and trophies of allsuch wars, insurrections and expeditions, flags, histories,rosters and records of all such patriotic organizations,regimental and company histories, photographs, paintings andportraits, busts and statues of soldiers, sailors and marinesof such county, and mural tablets upon which may be inscribedthe names of the soldiers, sailors and marines of such countywho 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 hallfrom which shall be displayed the flag of the United Statesfrom 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 whichthere has been or may hereafter be erected a memorial hall inhonor of the soldiers, sailors or marines from such county whoserved in any war in which the United States has been or maybe hereafter engaged, upon petition of at least fifty (50)citizens to the court of quarter sessions setting forth thatit is necessary or desirable to acquire additional landadjoining that upon which said memorial hall is erected toenhance and preserve the beauty and character of said memorialhall and the object had in its erection, or that it is necessaryor desirable to equip, furnish and decorate said memorial hall,or both, the court shall lay said petition before the grandjury then or next sitting for their approval. If said petitionshall be approved by said grand jury, it shall be certifiedback to the court. If no exceptions thereto are filed withinten (10) days from the date upon which said petition wascertified 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 boardof commissioners to acquire, by purchase or condemnation, suchadditional land, or to equip, furnish and decorate said memorialhall, or both. The cost to said county of acquiring suchadditional land shall not exceed a sum equal to one-fourth (1/4)of the total cost of said memorial hall and the land upon whichsaid memorial hall has been erected, and the cost to said countyof equipping, furnishing and decorating said memorial hall shallnot exceed a sum equal to one-twelfth (1/12) of the total costof said memorial hall and the land upon which said memorialhall has been erected.

Section 2571. Tax Levy; Increase of Indebtedness.--The boardof commissioners may provide the funds with which to pay forthe ground purchased or condemned and the erection thereon ofa memorial hall, or the acquiring of additional land, or forthe equipping, furnishing and decorating of said memorial hall,by the levying and collecting of a tax upon the taxable personsand property within said county, and by increasing theindebtedness of said county according to law, and by issuingand selling bonds. Such bonds shall be payable in not more thanten (10) years from their date, and shall be in such form, uponsuch terms and in such denominations as the said commissionersmay deem best.

Section 2572. Preservation, Maintenance, Repair andCompletion of Public Monuments.--The board of commissioners maypreserve, maintain and repair any public monument in the countyother than in cemeteries, including the enclosed public groundsurrounding the monument, and appropriate moneys for suchpurposes. In any case where any public monument referred to inthis section has been partially completed either in constructionor payment, the board of commissioners may appropriate moneyfor the purpose of such completion.

(i) Public Auditoriums, Public Libraries,Public Memorial Buildings and Monuments

Section 2577. Acquiring of Property.--(a) Counties shallhave power to take by gift, purchase or acquire throughcondemnation proceedings, property for the purpose of erectingthereon public auditoriums, public libraries, public memorialbuildings and monuments.

All proceedings for the condemnation of any property underthe provisions of this section shall be in the manner andsubject to the restrictions and procedure provided by law.

(b) Counties may appropriate money from the public fundsor by issuance of bonds in accordance with 53 Pa.C.S. Pt. VIISubpt. B (relating to indebtedness and borrowing) for theerection on said property taken, purchased or acquired throughcondemnation proceedings, public auditoriums, public libraries,public memorial buildings and monuments. They may appropriatemoneys for the operation and maintenance of such publicauditoriums, public libraries, memorials, buildings andmonuments. ((b) amended Nov. 30, 2004, P.L.1439, No.186)

Section 2578. Rental of Auditoriums.--Counties, in case ofpublic auditoriums, may charge a rental for the use of saidauditoriums. All moneys derived from rental of said auditoriumsshall first be devoted to the maintenance of said auditorium,and any annual balance accruing therefrom shall be turned overto the county funds for the general uses and purposes of saidcounty.

Section 2579. Consent of City or Borough.--(2579 repealedNov. 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 totime donations, gifts, legacies, endowments, devises andconveyance or conveyances of property, real or personal, thatmay be given or granted for the use and purpose of providing ahome within the county for the keeping and care of indigentorphans and children dependent upon the public of such countyfor support.

Section 2584. Management and Control of Orphans' Home.--Anysuch orphans' home shall be under the management and controlof the board of commissioners of the county, and they are herebyauthorized to appoint a superintendent and such assistants asmay be necessary to properly conduct the affairs of such home.

Section 2585. Admission to Home.--Indigent orphans andchildren shall be committed to any such home on order of theboard of commissioners.

Section 2586. Maintenance of Children's Home.--When anyproperty has been given or granted to any such county for achildren's home and a home is duly established, the county maythereafter appropriate from the county funds moneys for thesupport and maintenance of such orphans and children and forthe payment of the salary of the superintendent and hisassistants.

(k) Morgues

Section 2590. Authority to Provide; Approval.--The countycommissioners of each county may buy or lease land and constructand maintain thereon, at the expense of the county, a morguefor the reception and care of the bodies of all unclaimeddeceased persons upon whom it may be necessary to hold acoroner's inquest and such other bodies as the coroner of thecounty may, by written order, direct to be received therein.The location of such morgue shall be determined by the countycommissioners, subject to the approval of the coroner of thecounty.

(2590 amended Nov. 30, 2004, P.L.1439, No.186)

(l) Warehouses

Section 2595. Acquisition of Property for WarehousePurposes.--(a) It shall be lawful for and the right and poweris hereby conferred upon the county to enter upon, take, useand appropriate by the right of eminent domain, and to acquireby purchase, lease, gift, devise or otherwise, private propertyfor the purpose of erecting thereon a suitable building orbuildings for warehouses for the housing of machinery, tools,equipment, vehicles and the storage of materials for themaintenance of roads, highways, bridges and tunnels, wheneverthe 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 mannerprovided in this act.

(c) In every case of the taking of private property byeminent domain thereunder, the county shall acquire the entire

title, either in fee or otherwise, held by the owner or ownersof said property, or of any interest therein.

(d) For the purpose of acquiring such property and theerection thereon of the buildings aforesaid, the countycommissioners may borrow money and issue bonds therefor inaccordance with present or future laws relating to the issuanceof bonds for roads, highways, tunnels and bridges.

ARTICLE XXV-ASPORTS AND EXHIBITION AUTHORITY

(Art. added Oct. 30, 2000, P.L.616, No.85)

Section 2501-A. Short Title.--This article shall be knownand 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 givento them in this section unless the context clearly indicatesotherwise:

"Authority." A body politic and corporate created pursuantto 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 issuepursuant to section 2505-A.

"City." A city of the second class which is located in acounty of the second class.

"Construct." To acquire and to construct, all in such manneras 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 departmentor corporation, agency or instrumentality heretofore orhereafter created, designated or established by the UnitedStates of America.

"Improve." To enlarge and to improve, all in such manneras 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, maintainor operate under the provisions of this article.

"Public auditorium." Any structure appropriate for largepublic assemblies, the holding of conventions, sportingtournaments, athletic contests and exhibitions, musical anddramatic performances and other business, social, cultural,scientific and recreational events and all facilities necessaryor incident thereto, including provisions for adequateoff-street parking. Nothing herein contained shall be construedto prohibit the constructing, on sites acquired adjacent to andin connection with such structures and facilities, ofimprovements, buildings and other structures for the purposeof producing revenues to assist in defraying the costs ofoperation, 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 orjointly (including a county-city joinder), shall desire to

organize an Authority under this article, they shall adopt aresolution or ordinance signifying their intention to do so.Thereafter, the municipal authorities of such county or cityshall cause a notice of such resolution or ordinance to bepublished at least one time in the legal periodical of thecounty or counties in which such Authority is to be organizedand at least one time in a newspaper published and of generalcirculation in such county or counties. Said notice shallcontain a brief statement of the substance of said resolutionor ordinance, including the substance of the proposed articlesof incorporation, making reference to this article, and shallstate that on a day certain, not less than three (3) days afterpublication of said notice, articles of incorporation of theproposed Authority will be filed with the Secretary of theCommonwealth. No county or city shall be required (any law tothe contrary notwithstanding) to make any other publication ofsuch resolution or ordinance under the provision of existinglaw. The aforesaid publication of such notice shall besufficient compliance with such laws.

(b) On or before the day specified in said notice, themunicipal authorities shall file with the Secretary of theCommonwealth articles of incorporation, together with proof ofpublication of the notice as aforesaid. Said articles ofincorporation shall set forth the name of the Authority; astatement that such Authority is formed under this article; thename of the incorporating city or county, together with thenames and addresses of its municipal authorities; and the names,addresses and term of office of the first members of the boardof said Authority. If a joint authority, the articles shallspecify which members are to be appointed by the respectivecounty or city. All of which matter shall be determined inaccordance with the provisions of this article. Said articlesof incorporation shall be executed by each incorporating cityor county by its proper officers and under its municipal seal.

(c) If the Secretary of the Commonwealth finds that thearticles 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 andcharges have been paid, shall file the articles and issue acertificate of incorporation to which shall be attached a copyof the approved articles. Upon the issuance of such certificateof incorporation by the Secretary of the Commonwealth, thecorporate existence of said Authority shall begin. Saidcertificate of incorporation shall be conclusive evidence ofthe fact that such Authority has been incorporated, butproceedings may be instituted by the Commonwealth to dissolveany Authority which shall have been formed without substantialcompliance with the provisions of this section.

(d) When the Authority has been organized and its officerselected, the secretary shall certify to the Secretary of theCommonwealth the names and addresses of its officers as wellas the principal office of the Authority. Any change in thelocation of the principal office shall likewise be certifiedto the Secretary of the Commonwealth within ten (10) days aftersuch 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 amendits 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 anyprovision thereof limiting its terms of existence by increasingsuch term to such a date.

(3) To reapportion the representation on the board of theAuthority and to revise the terms of office of such members,all in such manner as shall not be inconsistent with theprovisions of section 2508-A.

(b) Every amendment to the articles shall first be proposedby the board by the adoption of a resolution setting forth theproposed amendment and directing that it be submitted to themunicipal authorities of the county or city composing theAuthority. The resolution shall contain the language of theproposed amendment to the articles by providing that thearticles shall be amended so as to read as therein set forthin full, or that any provision thereof be amended so as to readas therein set forth in full, or that the matter stated in theresolution be added to or stricken from the articles. After theamendments have been submitted to the county or city, suchcounty or city shall adopt or reject such amendment byresolution or ordinance.

(c) After an amendment has been adopted by the county orcity, articles of amendment shall be executed under the sealof the Authority and verified by two duly authorized officersof the corporation and shall set forth:

(1) The name and location of the registered office of theAuthority.

(2) The act of assembly under which the Authority was formedand the date when the original certificate of incorporation wasissued.

(3) The resolution or ordinance of the county or cityadopting the amendment.

(4) The amendment adopted by the county or city, which shallbe set forth in full.

(d) The Authority shall advertise its intention to filearticles of amendment with the Secretary of the Commonwealthin the manner prescribed in section 2503-A in the case of theformation of an Authority. Advertisements shall appear at leastthree (3) days prior to the day upon which the articles ofamendment are presented to the Secretary of the Commonwealthand shall set forth briefly:

(1) The name and location of the registered office of theAuthority.

(2) A statement that the articles of amendment are to befiled 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 itsrepresentative to the Secretary of the Commonwealth. If theSecretary of the Commonwealth finds that such articles conformto law, he shall forthwith, but not prior to the day specifiedin the advertisement required heretofore, endorse his approvalthereon and, when all fees and charges have been paid, shallfile the articles and issue to the Authority or itsrepresentative a certificate of amendment to which shall beattached 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 publicbody, corporate and politic, exercising public powers of theCommonwealth as an agency thereof, and shall be for the purpose

of acquiring, holding, constructing, improving, maintaining andoperating, owning, leasing, either in the capacity of lessoror lessee, public auditoriums, the purpose and interest of thisarticle being to benefit the people of the Commonwealth by,among other things, increasing their commerce and prosperityand promoting their educational, cultural, physical, civic,social and moral welfare.

(b) Every Authority is hereby granted and shall have andmay exercise all powers necessary or convenient for the carryingout of the aforesaid purpose, including, but without limitingthe generality of the foregoing, the following rights andpowers:

(1) To have existence for a term of fifty (50) years andfor such further period or periods as may be provided inarticles of amendment approved under section 2504-A hereof.

(2) To sue and be sued, implead and be impleaded, complainand 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 ordesirable for carrying out the purpose of the Authority, andto sell, lease as lessor, permit the use of, transfer anddispose of any property or interest therein or any project orpart thereof, at any time acquired or constructed by it.

(5) To acquire by purchase, lease or otherwise and toconstruct, improve, maintain, repair and operate projects.

(6) To make bylaws for the management and regulation of itsaffairs.

(7) To appoint agents, employes and servants, to prescribetheir 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 forthe payment of the expenses of the Authority, the construction,improvement, repair, maintenance and operation of its facilitiesand properties, the payment of the principal of and intereston its obligations and to fulfill the terms and provisions ofany agreements made with the purchasers or holders of any suchobligations or with the incorporating county or city.

(9) To borrow money, make and issue negotiable notes, bonds,refunding bonds and other evidences of indebtedness orobligations (herein called "bonds") of the Authority, said bondsto have a maturity date not longer than forty (40) years fromthe date of issue, except that no refunding bonds shall have amaturity date later than the life of the Authority, and tosecure the payment of such bonds or any part thereof by pledgeor deed of trust of all or any of its revenues and receipts andto make such agreements with the purchasers or holders of suchbonds or with others in connection with any such bonds, whetherissued or to be issued, as the Authority shall deem advisable,and, in general, to provide for the security for said bonds andthe rights of the holders thereof.

(10) To make contracts of every name and nature and toexecute all instruments necessary or convenient for the carryingon of its business.

(11) Without limitation of the foregoing, to borrow moneyand accept grants from, and to enter into contracts, leases,licenses or other transactions with, any Federal agency, theCommonwealth, municipality, private person, association,partnership, corporation or authority created under this or anyother act of the General Assembly of Pennsylvania.

(12) To have the power of eminent domain.

(13) To pledge, hypothecate or otherwise encumber all orany of the revenues or receipts of the Authority as securityfor all or any of the obligations of the Authority.

(14) To do all acts and things necessary or convenient forthe promotion of its business and the general welfare of theAuthority to carry out the powers granted to it by this articleor any other acts.

(15) To enter into contracts of group insurance for thebenefit of its employes and to set up a retirement or pensionfund for such employes.

(c) The Authority shall have no power at any time or in anymanner to pledge the credit or taxing power of the Commonwealthor any political subdivision, nor shall any of its obligationsbe deemed to be obligations of the Commonwealth or of any ofits political subdivisions, nor shall the Commonwealth or anypolitical subdivision thereof be liable for the payment ofprincipal 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 beissued shall be authorized by resolution of the board thereofand shall be of such series, bear such date or dates, matureat such time or times not exceeding forty (40) years from theirrespective dates, bear interest at such rate or rates payablesemi-annually, be in such denominations, be in such form, eithercoupon or fully registered without coupons, carry suchregistration exchangeability and interchangeability privileges,be payable in such medium of payment and at such place orplaces, be subject to such terms of redemption not exceedingone hundred five per centum of the principal amount thereof andbe entitled to such priorities in the revenues or receipts ofsuch Authority as such resolution or resolutions may provide.The bonds shall be signed by such officers as the Authorityshall determine, and coupon bonds shall have attached theretointerest coupons bearing the facsimile signature of thetreasurer of the Authority, all as may be prescribed in suchresolution or resolutions. Any such bonds may be issued anddelivered notwithstanding that one or more of the officerssigning such bonds or the treasurer whose facsimile signatureshall be upon the coupon or any thereof shall have ceased tobe such officer or officers at the time when such bonds shallactually be delivered.

(a.1) Said bonds may be sold at public or private sale forsuch price or prices as the Authority shall determine. Pendingthe preparation of the definitive bonds, interim receipts maybe issued to the purchaser or purchasers of such bonds and maycontain such terms and conditions as the Authority maydetermine.

(b) Any resolution or resolutions authorizing any bonds maycontain provisions, which shall be part of the contract withthe 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, forsuch obligations or restricting the same to all or any of therevenues of the Authority from all or any projects orproperties.

(2) The construction, improvement, operation, extension,enlargement, maintenance and repair of the project and theduties of the Authority with reference thereto.

(3) The terms and provisions of the bonds.

(4) Limitations on the purposes to which the proceeds ofthe bonds then or thereafter to be issued or of any loan orgrant by the United States may be applied.

(5) Admissions, rentals and other charges for use of thefacilities of the Authority.

(6) The setting aside of reserves or sinking funds and theregulation 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 beissued.

(9) Any other or additional agreements with the holders ofthe bonds.

(c) Any Authority may enter into any deeds of trust,indentures or other agreements with any bank or trust companyor other person or persons in the United States having powerto enter into the same, including any Federal agency, assecurity for such bonds, and may assign and pledge all or anyof the revenues or receipts of the Authority thereunder. Suchdeed of trust, indenture or other agreement may contain suchprovisions as may be customary in such instruments or as theAuthority may authorize, including, but without limitation,provisions as to the construction, improvement, operation,maintenance and repair of any project and the duties of theAuthority with reference thereto; the application of funds andthe investing and safeguarding of funds on hand or on deposit,including provisions for the investing and deposit of funds inor secured by such obligations as may be lawful for investmentby executors, administrators, guardians, trustees and otherfiduciaries under the laws of this Commonwealth; the rights andremedies of said trustee and the holders of the bonds, whichmay include restrictions upon the individual right of actionof such bondholders; and the terms and provisions of the bondsor the resolutions authorizing the issuance of the same. Saidbonds shall have all the qualities of negotiable instrumentsunder 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 thebondholders shall be in addition to and not in limitation ofany rights and remedies lawfully granted to such bondholdersby the resolution or resolutions providing for the issuance ofbonds or by any deed of trust, indenture or other agreementunder which the same may be issued. In the event that theAuthority shall default in the payment of principal or intereston any of the bonds after the said principal or interest shallbecome 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 refuseto comply with the provisions of this article or shall defaultin any agreement made with the holders of the bonds, the holdersof twenty-five per centum in aggregate principal amount of thebonds then outstanding, by instrument or instruments filed inthe office of the recorder of deeds of the county and provedor acknowledged in the same manner as a deed to be recorded,may appoint a trustee to represent the bondholders for thepurpose herein provided.

(b) Such trustee and any trustee under any deed of trust,indenture or other agreement may, and upon written request ofthe holders of twenty-five per centum (or such other percentageas may be specified in any deed of trust, indenture or other

agreement aforesaid) in principal amount of the bonds thenoutstanding shall, in his or its own name:

(1) by mandamus or other suit, action or proceeding, at lawor in equity, enforce all rights of the bondholders, includingthe right to require the Authority to collect rents, rentalsand other charges adequate to carry out any agreement as to orpledge of the revenues or receipts of the Authority and torequire the Authority to carry out any other agreements withor for the benefit of the bondholders and to perform its andtheir 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 thebondholders;

(4) by action or suit in equity, enjoin any acts or thingswhich may be unlawful or in violation of the right of thebondholders; or

(5) by notice in writing to the Authority, declare all bondsdue and payable, and if all defaults shall be made good, thenwith the consent of the holders of twenty-five per centum (orsuch other percentage as may be specified in any deed of trust,indenture or other agreement aforesaid) of the principal amountof the bonds then outstanding, to annul such declaration andits consequences.

(c) The court of common pleas of the county shall havejurisdiction of any suit, action or proceedings by the trusteeon behalf of the bondholders. Any trustee, when appointed asaforesaid or acting under a deed of trust, indenture or otheragreement and whether or not all bonds have been declared dueand payable, shall be entitled as of right to the appointmentof a receiver who may enter and take possession of thefacilities of the Authority or any part or parts thereof, therevenues or receipts from which are or may be applicable to thepayment of the bonds so in default, and operate and maintainthe same and collect and receive all rentals and other revenuesthereafter arising therefrom in the same manner as the Authorityor the board might do, and shall deposit all such moneys in aseparate account and apply the same in such manner as the courtshall direct. In any suit, action or proceeding by the trustee,the fees, counsel fees and expenses of the trustee and of thereceiver, if any, and all costs and disbursements allowed bythe court shall be a first charge on any revenues and receiptsderived from the facilities of the Authority, the revenues andreceipts from which are or may be applicable to the payment ofthe bonds so in default. Said trustee shall, in addition to theforegoing, have and possess all of the powers necessary orappropriate for the exercise of any functions specifically setforth herein or incident to the general representation of thebondholders in the enforcement and protection of their rights.

(d) Nothing in this section or any other section of thisarticle shall authorize any receiver appointed pursuant to thisarticle for the purpose of operating and maintaining anyfacilities of the Authority to sell, assign, mortgage orotherwise dispose of any of the assets, of whatever kind andcharacter, belonging to the Authority. It is the intention ofthis article to limit the powers of such receiver to theoperation and maintenance of the facilities of the Authorityas the court shall direct, and no holder of bonds of theAuthority nor any trustee shall ever have the right in any suit,action or proceedings, at law or in equity, to compel areceiver, nor shall any receiver ever be authorized or any courtbe empowered to direct the receiver, to sell, assign, mortgage

or otherwise dispose of any assets, of whatever kind orcharacter, 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 Authorityor the county wherein the city organizing the Authority islocated.

(2) The county executive or the mayor of the city shallappoint the members of the board.

(3) A member who serves on the board under the act of July29, 1953 (P.L.1034, No.270), known as the "Public AuditoriumAuthorities Law," shall continue to serve until the conclusionof the member's term.

(4) Vacancies created under this section on a jointcounty-city Authority shall be filled by appointment of onemember by the county executive and by appointment of one memberby the mayor of the city. The initial terms of members appointedunder this paragraph shall commence on January first nextsucceeding the effective date of this article. The initial termsof members appointed under this paragraph shall be: one memberappointed by the mayor shall serve for five (5) years and onemember appointed by the county executive shall serve for four(4) years.

(5) When a vacancy has occurred or is about to occur byreason of the expiration of the term of any member, the countyexecutive or mayor, as the case may be, shall appoint a memberof the board for a term of five (5) years to succeed the memberwhose term has expired or is about to expire.

(6) Appointments, in the case of a joint county-cityAuthority, shall be apportioned in the following manner: threemembers to be appointed by the county executive; three membersto be appointed by the mayor; and the seventh member to beappointed by concurring action of the county executive and themayor. Members of the board may be removed at the will of theappointing power, and, in the case of a joint county-cityAuthority, the seventh member may be removed at will by eitherof the appointing powers.

(b) Members shall hold office until their successors havebeen appointed and may succeed themselves. A member shallreceive no compensation for his services but shall be entitledto the necessary expenses, including traveling expenses,incurred in the discharge of his duties. If a vacancy shalloccur by reason of the death, disqualification, resignation orremoval of a member, the appointing power shall appoint asuccessor to fill his unexpired term.

(c) The members of the board shall select from amongthemselves a chairman, a vice chairman and such other officersas the board may determine. The board may employ a secretary,an executive director, its own counsel and legal staff and suchtechnical experts and such other agents and employes, permanentor temporary, as it may require, and may determine thequalifications and fix the compensation of such persons. Fourmembers of the board shall constitute a quorum for its meetings.Members of the board shall not be liable personally on the bondsor other obligations of the Authority, and the rights ofcreditors shall be solely against such Authority. The board maydelegate to one or more of its agents or employes such of itspowers as it shall deem necessary to carry out the purposes ofthis article, subject always to the supervision and control ofthe board. The board shall have full authority to manage the

properties and business of the Authority and to prescribe, amendand repeal bylaws, rules and regulations governing the mannerin which the business of the Authority may be conducted and thepowers 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 thetreasurer of the Authority. Said moneys shall be deposited inthe first instance by the treasurer in one or more banks ortrust companies, in one or more special accounts, and each ofsuch special accounts, to the extent the same is not insured,shall be continuously secured by a pledge of direct obligationsof the United States of America, of the Commonwealth or of thecounty or city creating the Authority, having an aggregatemarket value, exclusive of accrued interest, at all times atleast equal to the balance on deposit in such account. Suchsecurities shall either be deposited with the treasurer or beheld by a trustee or agent satisfactory to the Authority. Allbanks and trust companies are authorized to give such securityfor such deposits. The moneys in said accounts shall be paidout on the warrant or other order of the chairman of theAuthority or of such other person or persons as the Authoritymay authorize to execute such warrants or orders. EveryAuthority shall have at least an annual examination of itsbooks, accounts and records by a certified public accountant.A copy of such audit shall be delivered to the county or citycreating the Authority. A concise financial statement shall bepublished annually at least once in a newspaper of generalcirculation in the county or city where the principal officeof the Authority is located. If such publication is not madeby the Authority, the county or city shall publish suchstatement at the expense of the Authority. If the Authorityfails to make such an audit, then the controller, auditors oraccountant designated by the county or city are herebyauthorized and empowered from time to time to examine, at theexpense of the Authority, the accounts and books of theAuthority, including its receipts, disbursements, contracts,leases, sinking funds, investments and any other mattersrelating to its finances, operation and affairs. The AttorneyGeneral shall have the right to examine the books, accounts andrecords 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) Anymunicipality or owner may and they are hereby authorized tosell, lease, lend, grant, convey, transfer or pay over to anyAuthority, with or without consideration, any project or anypart or parts thereof, or any interest in real or personalproperty, or any funds available for building, construction orimprovement purposes, including the proceeds of bonds previouslyor hereafter issued for building, construction or improvementpurposes, which may be used by the Authority in theconstruction, improvement, maintenance or operation of anyproject, and any municipality is hereby empowered to issuegeneral obligation bonds for the purpose of providing funds forthe building, construction or improvement of a public auditoriumand transferring said funds to an Authority created under thisarticle.

(b) Any municipality may and it is hereby authorized tomake annual grants from current revenues to the Authority toassist in defraying the costs of operation, maintenance and

debt service of the project and to enter into long-termagreements 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 naturemade by any Authority, where the entire cost, value or amountof such construction, reconstruction, repairs or work, includinglabor and materials, shall exceed the base amount of eighteenthousand five hundred dollars ($18,500), subject to adjustmentunder section 112, except construction, reconstruction, repairsor work done by employes of said Authority or by labor suppliedunder agreement with any Federal or State agency with suppliesand materials purchased, as hereinafter provided, shall be doneonly under contract or contracts to be entered into by theAuthority with the lowest responsible bidder upon proper terms,after due public notice has been given asking for competitivebids hereinafter provided. No contract shall be entered intofor construction or improvement or repair of any project orportion thereof unless the contractor shall give an undertaking,with a sufficient surety or sureties approved by the Authorityand in an amount fixed by the Authority, for the faithfulperformance of the contract. All such contracts shall provide,among other things, that the person or corporation enteringinto such contract with the Authority will pay for all materialsfurnished and services rendered for the performance of thecontract and that any person or corporation furnishing suchmaterials or rendering such services may maintain an action torecover for the same against the obligor in the undertaking asthough such person or corporation was named therein, providedthe action is brought within one (1) year after the time thecause of action accrued. Nothing in this section shall beconstrued to limit the power of the Authority to construct,repair or improve any project or portion thereof or anyaddition, betterment or extension thereto directly by theofficers, agents and employes of the Authority or otherwisethan by contract. ((a) amended Nov. 3, 2011, P.L.360, No.89)

(b) All supplies and materials costing t he base amount ofeighteen thousand five hundred dollars ($18,500), subject toadjustment under section 112, or more shall be purchased onlyafter due advertisement as hereinafter provided. The Authorityshall accept the lowest bid or bids, kinds, quality and materialbeing equal, but the Authority shall have the right to rejectany or all bids or select a single item from any bid. Theprovisions as to bidding shall not apply to the purchase ofpatented and manufactured products offered for sale in anon-competitive market or solely by a manufacturer's authorizeddealer. ((b) amended Nov. 3, 2011, P.L.360, No.89)

(b.1) Written or telephonic price quotations from at leastthree (3) qualified and responsible contractors shall berequested for all contracts that exceed the base amount of tenthousand dollars ($10,000), subject to adjustment under section112, but are less than the amount requiring advertisement andcompetitive bidding, or, in lieu of price quotations, amemorandum shall be kept on file showing that fewer than three(3) qualified contractors exist in the market area within whichit is practicable to obtain quotations. A written record oftelephonic price quotations shall be made and shall contain atleast the date of the quotation, the name of the contractor andthe contractor's representative, the construction,reconstruction, repair, maintenance or work which was thesubject of the quotation and the price. Written pricequotations, 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, whereverused in this section, shall mean a notice published at leastten (10) days before the award on any contract in a newspaperof general circulation published in the municipality where theAuthority has its principal office, and if no newspaper ispublished therein then by publication in a newspaper in thecounty where the Authority has its principal office: Provided,That such notice may be waived where the Authority determinesan emergency exists and such supplies and materials must beimmediately purchased by the said Authority.

(d) No member of the Authority or officer or employe thereofshall, either directly or indirectly, be a party to or be inany manner interested in any contract or agreement with theAuthority for any matter, cause or thing whatsoever, by reasonwhereof any liability or indebtedness shall in any way becreated against such Authority. If any contract or agreementshall be made in violation of the provision of this section,the same shall be null and void and no action shall bemaintained thereon against such Authority.

(e) Subject to the aforesaid, any Authority may (but withoutintending by this provision to limit any powers of suchAuthority) enter into and carry out such contracts or establishor comply with such rules and regulations concerning labor andmaterials and other related matters, in connection with anyproject or portion thereof, as the Authority may deem desirableor as may be requested by any Federal agency that may assistin the financing of such project or any part thereof: Provided,however, That the provisions of this section shall not applyto any case in which the Authority has taken over by transferor assignment any contract authorized to be assigned to it underthe provisions of section 2510-A, nor to any contract inconnection with the construction of any project which theAuthority may have had transferred to it by any person orprivate corporation.

(f) Every contract for the construction, reconstruction,alteration, repair, improvement or maintenance of public worksshall 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 worksshall comply with the provisions of the act of August 15, 1961(P.L.987, No.442), known as the "Pennsylvania Prevailing WageAct."

(h) An Authority shall not evade the provisions of thissection as to advertising for bids or purchasing materials orcontracting for services piecemeal for the purpose of obtainingprices under t he base amount of eighteen thousand five hundreddollars ($18,500), subject to adjustment under section 112,upon transactions which should, in the exercise of reasonablediscretion and prudence, be conducted as one transactionamounting to more than the base amount of eighteen thousandfive hundred dollars ($18,500), subject to adjustment undersection 112. This provision is intended to make unlawful thepractice of evading advertising requirements by making a seriesof purchases or contracts each for less than the advertisingrequirement price or by making several simultaneous purchasesor contracts each below said price when in either case thetransaction involved should have been made as one transactionfor one price. ((h) amended Nov. 3, 2011, P.L.360, No.89)

(i) Any member of the Authority who votes to unlawfullyevade the provisions of this section and who knows that thetransaction upon which he so votes is or ought to be a part ofa larger transaction and that it is being divided in order toevade the requirements as to advertising for bids commits amisdemeanor of the third degree for each contract entered intoas 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 amendedsubsecs. (a), (b), (b.1) and (h), provided that Act 89shall apply to contracts and purchases advertised on orafter January 1 of the year following the effective dateof section 6.

Section 2512-A. Acquisition of Lands.--The Authority shallhave the power to acquire by purchase or eminent domainproceedings either the fee or such right, title, interest oreasement in such lands as the Authority may deem necessary forthe purpose mentioned in this article: Provided, however, Thatno property owned or used by the United States, theCommonwealth, any political subdivision thereof, or any bodypolitic and corporate organized as an "authority" under any lawof the Commonwealth or by any agency or any of them, nor anyproperty of a public service company, property used for burialpurposes, places of public worship, shall be taken under theright of eminent domain. The right of eminent domain shall beexercised by the Authority in the manner provided by law forthe exercise of such right by municipalities of the same classas the municipality by which such Authority was organized. Inthe case of a joint authority, right of eminent domain shallbe exercised by the Authority in the same manner as is providedby law for the exercise of such right by municipalities of thesame class as the municipality in which the right of eminentdomain is to be exercised, except that where the right is tobe exercised in a city located in a county and both are membersof 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 besubject to the rules and regulations from time to time adoptedby the Authority: Provided, however, That the Authority shallnot be authorized to do anything which will impair the securityof the holders of the obligations of the Authority or violateany 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 orcorporation or Federal agency subscribing to or acquiring thebonds to be issued by the Authority for the construction,extension, improvement or enlargement of any project or partthereof that the Commonwealth will not limit or alter the rightshereby vested in the Authority until all bonds at any timeissued, together with the interest thereon, are fully met anddischarged. The Commonwealth does further pledge to and agreewith the United States and any other Federal agency that in theevent that any Federal agency shall construct or contribute anyfunds for the construction, extension, improvement orenlargement of any project or any portion thereof, theCommonwealth will not alter or limit the rights and powers ofthe Authority in any manner which would be inconsistent withthe continued maintenance and operation of the project or theimprovement thereof or which would be inconsistent with the due

performance of any agreements between the Authority and anysuch Federal agency, and the Authority shall continue to haveand may exercise all powers herein granted so long as the sameshall be necessary or desirable for the carrying out of thepurposes of this article and the purposes of the United Statesin the construction or improvement or enlargement of the projector 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 bondswhich, together with the interest due thereon, shall have beensecured by a pledge of any of the revenues or receipts of aproject, it may (subject to any agreements concerning theoperation or disposition of such project) convey such projectto the county or city creating the Authority and terminate itsexistence. A certificate requesting the termination of theexistence of the Authority shall be submitted to the county orcity creating the Authority. If the certificate is approved bythe county or city, then the certificate, endorsed with suchapproval, shall be filed with the Secretary of the Commonwealth,and thereupon the said secretary shall note the termination ofexistence on the record of incorporation and return thecertificate with his approval shown thereon to the board.Thereupon, the property of said Authority shall pass to thecounty 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 thisarticle shall and will be in all respects for the benefit ofthe people of the Commonwealth, for the increase of theircommerce and prosperity and for the improvement of their healthand living conditions, and since such Authorities will beperforming essential governmental functions in effectuatingsuch purposes, such Authorities shall not be required to payany taxes or assessments upon any property acquired or used orpermitted to be used by them for such purposes, and the bondsissued by any Authority, their transfer and the income therefrom(including any profits made on the sale thereof), shall at alltimes 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 bythe incorporating county or city. The said county or city shall,by appropriate resolution or ordinance, signify its or theirdesire to do so, and thereupon the Authority shall convey byappropriate instrument said project to the county or city uponthe assumption by the county or city of all obligations incurredby the Authority with respect to the project.

(b) The project established under this article may be leasedby the Authority to the incorporating county or city, and thesaid county or city is hereby empowered to enter into a leasefor such purpose.

(2517-A added Oct. 30, 2000, P.L.616, No.85)Section 2518-A. Construction.--The addition of Article XXV-A

is a codification of and shall be deemed a continuation of theact of July 29, 1953 (P.L.1034, No.270), known as the "PublicAuditorium Authorities Law," insofar as it relates to countiesof the second class in which a city of the second class islocated and to any city of the second class which is locatedin a county of the second class.

(2518-A added Oct. 30, 2000, P.L.616, No.85)

Article XXVIEminent 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 isconferred upon the county by law, the county may enter upon,appropriate, take, injure or destroy private lands, propertyor material. Any such taking for the purpose of originallylaying 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 beexercised to enter upon, appropriate, take, injure or destroyany church property, graveyard or cemetery, except for thepurposes 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 preliminarysurveys in order to prepare plans and estimates, the board ofcommissioners and the persons by them employed for such purposesmay enter upon private or public property and designate, byproper marks upon the ground, the line of any improvementproposed to be made and constructed under and for the purposesherein authorized.

Section 2604. Right of Damages.--The right to damagesagainst counties is hereby given to all owners or tenants oflands, property or material appropriated, injured or destroyedby the county in cases where the right of eminent domain hasbeen exercised, and to all owners or tenants of lands, propertyor material abutting on or through which pass roads or highwaysinjured by the laying out, opening, widening, vacating,extending or grading of such roads or highways or the changingof the grades or lines thereof, the construction and thevacation of bridges, piers and abutments and approachestherefor, and the construction of sewers over, upon or throughsuch lands or property.

Section 2605. Agreement of Damages.--The countycommissioners may agree with the owner as to the amount ofdamages occasioned to any person for property taken, injuredor destroyed. Such damages shall be payable by the county outof the general county funds or other funds provided for thatpurpose.

Section 2606. County to Furnish Bond When ImmediatePossession Is Desired; Notice.--(a) Whenever the board ofcommissioners or the board of commissioners in conjunction andacting with the corporate authorities of any city, borough,town or township have selected any land, property or materialto be appropriated, injured or destroyed by the right of eminentdomain and desire immediate possession thereof, and are unableto agree with the owner or owners upon the amount of damagesdue them for such appropriation, injury or destruction, or byreason of the absence or legal incapacity of such owner orowners no such agreement can be made, they shall tender a bondto the said owner or owners, or to the attorney or agent of anyabsent owner, or to the guardian or committee of any one underlegal incapacity, in sufficient sum to secure him or them fordamages. Upon acceptance of said bond by the owner or ownersof said land, property or material, the county shall have theright to immediate possession thereof.

(b) In case the acceptance of said bond has been refusedby the owner or owners, the board of commissioners, after

written notice thereof has first been given to said owner orowners, his or their agent, attorney, guardian or committee,shall file the same in the court of common pleas or with anyjudge thereof, and upon approval thereof by said court or judge,the county shall have the right to immediate possession of saidland, property and material.

Section 2607. Writ of Habere Facias Possessionem toIssue.--If the owner, lessee or occupier shall refuse to removehis personal property therefrom or give up possession thereof,the petitioner in the proceedings may serve written notice uponsuch owner, lessee or his agent or the occupier to remove hispersonal property therefrom and give up possession of saidlands, property or materials within thirty days from the dateof the service of said notice.

If the owner, lessee or occupier of said lands, property ormaterial shall refuse or neglect to remove his personal propertytherefrom and give possession thereof, upon proof of the serviceof such notice being filed in the office of the prothonotaryfor the county in which said lands, buildings or other propertyis located, a writ of habere facias possessionem shall forthwithissue, directing the sheriff to give to the party entitledthereto possession, as is provided for by existing laws.

Section 2608. Appointment of Viewers.--(a) In case theboard of commissioners or a majority of them and the partiesinterested in the land, property or material appropriated,injured or destroyed by the county fail to agree upon thecompensation to be made for the land, property or material sotaken, injured or destroyed, upon petition of such commissionersor a majority of them or any person or parties interested andwhose land, property or material is affected thereby to thecourt of common pleas of said county, the said court shallappoint three viewers from the county board of viewers, andappoint a time, not less than twenty nor more than thirty daysthereafter, when said viewers shall meet and view the land,property or material to be so appropriated, injured ordestroyed.

(b) The said viewers shall give at least ten days' notice,by publication in one newspaper of general circulation in thecounty once and in accord with the provisions of section onehundred and ten of this act, of the time and place of theirfirst meeting, and shall also give notice thereof by handbillsposted in conspicuous places in the vicinity of the saidproposed public improvement.

(c) All the viewers shall act unless prevented by sicknessor other unavoidable cause, but a majority of the viewers mayhear, determine, pass upon and report all matters relating tothe view for which they were appointed.

Section 2609. Time of Appointment of Viewers;Cost.--(a) The viewers provided for in the preceding sectionmay be appointed either before or at any time after the entryupon, taking, appropriation or injuring of said land, propertyor 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 ofeminent domain has been exercised by the county acting with thecorporate authorities of any city, borough or township, thenall costs shall be borne equally by the county and city, boroughor township.

Section 2610. Petition for Appointment of Viewers to SpecifyLiens on Property.--In all proceedings hereafter instituted forthe condemnation and appropriation of land and property by

eminent domain, the petition for the appointment of viewersshall contain allegations specifying any judgments, mortgagesor other claims (hereinafter designated "liens") which are liensupon the land and property sought to be appropriated orcondemned as aforesaid.

Section 2611. Testimony and Evidence ConcerningLiens.--Testimony shall be taken in said proceedings toascertain the amounts of said liens and the dates of the entryof the same, and the amounts of said liens and the dates ofentry thereof shall be found as facts by the viewers in saidproceedings. Certified lists of liens from the courts of theCommonwealth and the United States shall be prima facie evidenceof the existence, dates, amounts, dates of entry and places ofrecord of said liens, and unless modified or overcome by oralor documentary evidence, shall be conclusive upon the partiesthereto.

Section 2612. Procedure; Rights and Liabilities Where LiensExist.--When it appears that liens exist which are liens uponproperty sought to be condemned and appropriated, a report ofthe facts found shall be made to the court. Such report shallbe subject to exceptions in manner to be regulated by theSupreme Court by general rule. When the court has finallydetermined the findings in relation to the laws, the court shallmake an order directing the payment and distribution of theamount found to be payable as compensation to the partiesentitled thereto, first to the owners of said liens, then tothe owners of the property appropriated as aforesaid. Theparties interested shall have the right of appeal from saidorder of distribution to the Superior and Supreme Courts.Payment in accordance with the order of distribution, evidencedby a receipt of record in the proceedings, shall absolutelydischarge the party making the payment from all liens by anyperson, copartnership, association or corporation as againstsaid property. In such receipt and on the record thereof, anyclaimant may reserve the right to proceed against any otherproperty or assets of the owner of the property condemned forany balance due upon his lien.

Section 2613. Proceedings by and Before Viewers.--The saidviewers, having been duly sworn or affirmed faithfully, justlyand impartially to decide and true report to make concerningall matters and things to be submitted to them and in relationto which they are authorized to inquire and having viewed thepremises and examined the land, property or material to beappropriated, injured or destroyed, shall hear all partiesinterested and their witnesses, and, having a due regard to andmaking just allowance for the advantages which may have resultedor which may seem likely to result to the owner or owners ofsaid lands or materials in consequence of the proposedimprovement, shall estimate, determine and assess the damagesfor the land, property or material taken, injured or destroyed,and to whom the same is payable, and the benefits, if any, inconnection therewith. Having so estimated, determined andassessed the damages and benefits, they shall prepare a schedulethereof, and give notice to all parties to whom damages areallowed or against whom benefits are assessed of a time, notless than ten days thereafter, and of a place, where saidviewers shall meet and exhibit said schedule and hear allexceptions thereto and evidence.

Section 2614. Notice of Meeting.--Notice of the time andplace of said meeting shall be given in the manner provided bylaw for the service of summons in a personal action upon allparties allowed damages and against whom benefits have been

assessed, as shown by said schedule, if the said parties canbe found in the county, or upon an adult person, if any,residing upon the property affected in case the owner or reputedowner cannot be found, and to all others by publication in thenewspaper or newspapers in which the first notices of said viewwere published. When no service is made upon the owner, reputedowner or upon an adult person residing upon the propertyaffected, said notice, where publication thereof has also beenmade, shall be deemed to have been properly served if tackedor conspicuously posted on the premises. The court may provideby whom the notice provided by this act shall be posted, givenand served, and fix the compensation for said service.

Section 2615. Plans of Properties Condemned to Be Furnishedto Viewers.--(a) In all proceedings to assess damages for thetaking, injury or destruction of private property for publicuse, the county taking, injuring or destroying property forsaid purpose shall furnish the board of viewers with a correctplan of all properties affected, showing all buildings or otherstructures thereon, their width, length, elevation and cubicalcontents, names of all owners, tenants or occupiers thereof,the topography of the land and the grades and widths of allhighways running through or abutting on said properties, andall other data necessary for a proper determination of theamount of said damages caused by the taking, injury ordestruction of said private property.

(b) Said plans shall be prepared and ready for the use ofthe viewers at their first meeting, and copies thereof shallbe furnished to all owners, tenants and occupiers of theproperty and all other parties affected thereby without charge.

Section 2616. Report to Court.--After making whateverchanges are deemed necessary, the said viewers shall make reportto the court showing the damages allowed and benefits assessedin each case, and file therewith a plan showing the improvementand the land, properties and materials taken, injured ordestroyed. When said report is filed, notice thereof shall begiven by publication once in the newspaper or newspapers inwhich first notices of said view are published. Said noticeshall state the date of filing of the report and shall containa schedule of the damages and benefits shown therein, and shallfurther state that, unless exceptions thereto are filed withinthirty days from the date of filing, the said report will beconfirmed absolutely.

Section 2617. Certain Testimony Authorized.--In allproceedings arising from the exercise of the right of eminentdomain, it shall be competent for all witnesses called, whenduly qualified:

(1) To state in detail and costs all the elements of theproperty before the exercise of the right of eminent domain andas unaffected by it and its market value immediately after theexercise of the right of eminent domain and as affected thereby.

(2) To state in detail and costs all of the elements ofbenefit or damage which they have taken into consideration inarriving at their opinion.

(3) In arriving at their opinion as to the market valueimmediately after the exercise of the right of eminent domain,to add to their opinion of the market value before such exercisethe cost or value of all the elements of benefit or advantageand to deduct therefrom all disadvantages or damage in orderto arrive at the market value after such exercise of the rightof eminent domain and as affected thereby.

(4) In all proceedings to assess damages or benefits forthe opening of any road or highway, to take into consideration

as one of the elements of advantage or disadvantage the costof highway improvements.

Section 2618. Value of Property.--In all claims for damagesagainst a county arising from the exercise of the right ofeminent domain, it shall be competent for the party or partiesclaiming damages to offer in evidence the value of the propertyaffected as assessed for the purpose of taxation.

Section 2619. Unlawful Assessments.--In all cases ofappropriation of land for public use, other than for roads orhighways, it shall be unlawful to assess any portion of thedamage done to or value of the land so appropriated against theother property adjoining or in the vicinity of the land soappropriated.

Section 2620. Vacation of Road When No Property IsTaken.--Whenever viewers are appointed to vacate any road orhighway and the vacation of the same takes no land from theowner abutting thereon, if, in the opinion of the viewers, suchvacation damages the property of the abutting owner, they mayaward damages to such owner as though land has been actuallytaken.

Section 2621. Procedure When Building Is on Line of ProposedRoad.--Whenever in locating, relocating, opening, widening,straightening or extending any road or highway or parts thereofthe same shall be found to pass through, take or injurebuildings, barns or other valuable improvements thereon, thesaid viewers or a majority of them shall have the right torecommend that such buildings and improvements, situate in partor in whole on the road or highway so to be improved, opened,widened, straightened or extended, shall be permitted to remainthereon for such time as shall be deemed wise and proper, andif the court shall approve the finding and report of saidviewers or a majority of them, the owner or owners of suchbuildings or improvements may continue to use and enjoy thesame during the time so fixed and determined. In case of thedestruction, vacation or abandonment of any such building withinthe time they are so authorized to remain, such owners or ownershall not have the right to re-erect and reconstruct or retakesuch buildings or improvements within the line of such road orhighway.

Section 2622. Time Limit for Report of Viewers.--Viewersappointed to assess the damages and benefits due to theappropriation, injury or destruction of land, property andmaterials shall make their reports within a time which the courtshall fix when so appointing them. If the viewers so appointedshall, for any reason appearing sufficient to the court, beunable to file their report within the period so fixed, thecourt may, either before or after the expiration of the timefixed, extend the time for the filing of such report.

Section 2623. Exceptions to Report.--(2623 repealed June3, 1971, P.L.118, No.6)

Section 2624. Demand for Jury Trial.--(2624 repealed June3, 1971, P.L.118, No.6)

Section 2625. Payment of Damages and Costs; Interest onAwards.--All damages agreed upon or awarded and all costs andexpenses incurred shall be paid by the county, except in caseswhere an appeal is taken by any party in interest from the awardof the viewers and the appellant does not recover any greateramount than the viewers award, in which case the appellant shallpay all costs of such appeal.

The amount of damages allowed in a report of viewers for thetaking, injury or destruction of property by the exercise ofthe right of eminent domain shall, as finally confirmed, bear

interest at the rate of six per centum per annum from the dateof filing of the report.

Section 2626. Collection of Awards.--Upon the finalconfirmation of the report of the viewers, the party or partiesto whom an award has been made shall have the right to takesuch further appropriate legal proceedings as may be necessaryand proper to enforce payment of said confirmed award, eitherin nature of a writ of mandamus, execution or otherwise.

Section 2627. All Claims Satisfied Upon Payment ofAward.--Upon payment of the compensation for land or propertyin accordance with the order of distribution, all claims forcompensation 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 adverselyto each other any estate or interest in the land, property ormaterials selected by the board of commissioners to beappropriated, injured or destroyed for the purposes mentionedin this act, and the viewers shall not be able to determine whoare the owner or owners of said land, property or materials,or the value of their estates and interests therein, they shallso report, valuing the land, property or materials as a whole,and upon the confirmation by the court of the report of saidviewers, if no appeal shall be taken therefrom, thecommissioners of the county shall pay into the court the wholeof the said valuation money; thereupon, the title of the land,property or material and the estates and interests of all theowners thereof shall become vested in fee in the countyacquiring and taking said land, property or materials.

(b) The court of common pleas shall, by rule, process ormotion, require all said claimants to appear therein and may,by an issue framed between them to be tried by a jury or by areference to a master or by such orders and decisions as shallappear to be just under all the circumstances of the case,determine the estates and interest of said claimants in saidvaluation money. Upon the final determination of suchproceeding, the court shall direct said valuation money to bepaid to the person or persons ascertained to be entitledthereto.

Section 2629. Appeals by Adverse Claimants.--(a) In caseany of said claimants shall appeal from the award of saidviewers, the county commissioners, upon filing in the court andhaving approved thereby a bond in double amount of said awardto the said owners and claimants for the benefit of the personsowning said land, property or materials, with at least twosufficient sureties conditioned for the payment by the countyof such an amount as the owner or owners shall be entitled toreceive for said ground when the same shall have been finallyascertained by due course of law, may lawfully enter upon andtake possession of said land, property or materials.

(b) The said court shall thereupon proceed to determine theestates and interest of said claimants in said land, propertyor material, as is hereinbefore provided when the valuationmoney is paid into court. Said proceeding shall be finallydetermined before the issue framed upon the said appeal shallbe tried, and if it be determined that the party appellant hasno estate or interest in said land, property or materials, hisappeal shall be disallowed.

Section 2630. Payment Into Court When Award is Refused orWhen Parties Cannot Be Found.--Any amount of money awarded, asherein provided, if refused by the person or persons entitledthereto, or if the person or persons entitled thereto cannot

be found, shall be paid into court, and thereafter all suchpersons shall look to said fund for all damages accruing byreason of the appropriation, injury or destruction of such land,property or material.

Section 2631. Notice to Vacate; Ejectment.--In case anyland or property selected by the board of commissioners or bythe board of commissioners in conjunction and acting with thecorporate authorities of any city, borough or township to beappropriated, injured or destroyed, and said land or propertyhas improvements thereon in the actual occupancy of any personor persons, and such person or persons has had his, her or theirdamages assessed and paid, thirty days' notice to vacate thesame shall be given to the party or parties so in actualpossession. In case of refusal or neglect on the part of anyone to obey said notice, the board of commissioners may, at theexpiration of said thirty days, enter upon and eject or causeto be ejected any of the parties so refusing or neglecting tovacate, and use force enough by themselves, agents or employesto accomplish the same.

Section 2632. Appropriations of Right of Way orEasement.--In any action brought to ascertain or recover damagescaused to any owner of lands by reason of the appropriation ofa right of way or easement in such lands by any county, wheresuch owner of lands and such county cannot agree upon the amountof damages payable to such owner, the parties may by agreementwaive the right to have such damages assessed by viewers. Suchowner may thereupon file his statement and claim in the courtof common pleas and rule the defendant to plead thereto withinfifteen days from notice of such rule duly served upon saidcounty, and the said suit shall be proceeded with the same asif an award of viewers had been filed and an appeal had beentaken therefrom.

Either party to such action shall have the right during thetrial to demand and have the jury which may be selected to trysaid cause visit and view the premises over or through whichthe right of way or easement extends before rendering a verdictin such case.

Section 2633. Discontinuance of Proceedings by County.--Incase the county shall discontinue any proceedings takenproviding for the appropriation, injury or destruction of anyland, property or materials prior to the entry upon, taking orappropriation thereof and before judgment therein, the saidcounty shall not thereafter be liable to pay any damages whichhave been or might have been allowed, but all costs upon anysuch proceedings had thereon shall be paid by the county,together with any actual damages, loss or injury sustained byreason of such proceeding, and the amount of the same may bedetermined and fixed by the court in which such proceeding waspending.

Articles XXVII and XXVIIIBridges, Viaducts and Culverts

Compiler's Note: Section 5(3) of Act 34 of 2006 providedthat, except as to the measure of damages prescribed by26 Pa.C.S. (relating to just compensation and measureof damages), nothing in Act 34 shall repeal, modify orsupplant Articles XXVII and XXVIII as they are applicableto procedures in the court of common pleas with respectto 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 courtof quarter sessions with respect to bridges, viaducts,culverts and roads or section 412 of the State HighwayLaw, act of June 1, 1945 (P.L.1242), as amended, nor,except as to the measure of damages prescribed by ArticleVI hereof, shall it repeal, modify or supplant any lawinsofar as it confers the authority or prescribes theprocedure for condemnation of rights-of-way or easementsfor occupation by water, electric, gas, oil and/orpetroleum products, telephone or telegraph lines useddirectly or indirectly in furnishing service to thepublic. If the condemnation for occupation by water,electric, gas, oil and/or petroleum products, telephoneor telegraph lines consists of the taking of a fee, allthe 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; Openingof Bids.--(2703 repealed July 26, 1963, P.L.324, No.177)

Section 2704. Awarding of Contract; Readvertising.--(2704repealed July 26, 1963, P.L.324, No.177)

Section 2704.1. Bridge Contracts.--The letting of allcontracts to build, rebuild or repair any bridge shall be inaccordance 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 thecounty and deviations from or alterations in the plan contractedfor have been made by the direction of the county commissioners,where the county commissioners and builders cannot agree uponthe compensation to be made therefor, it shall be lawful forsuch builder to recover any sum to which he may be justlyentitled for such deviations and alterations beyond the contractprice in an action for work, labor and service done andperformed 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.--(2708repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2709. Action on Contract or Procedure onRule.--(2709 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2710. Bridge Erected by Commissioners.--(2710repealed 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.--Whena county bridge wholly within the county or on the boundaryline between any two counties has been or shall hereafter bedestroyed or partially destroyed, or rendered impassable, orbecomes insufficient or inadequate to accommodate public travel,or in any other case of emergency it becomes necessary toconstruct or reconstruct any such bridge, the countycommissioners of the county or of any two counties, in case ofa 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 partiallydestroyed 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 theprovisions of this article is on the boundary line between twocounties or within one-fourth of a mile therefrom and necessaryfor the accommodation of the inhabitants of both counties, thecommissioners of such counties shall act jointly in the exerciseof all powers conferred upon them and in the performance of allduties imposed upon them. ((a) amended Nov. 30, 2004, P.L.1439,No.186)

(b) Whenever the appointment of viewers or inspectors isrequired, the court of each county shall appoint a full numberof such viewers or inspectors and order a view in the mannerand with like powers, duties and procedure provided for in thecase of public roads. The total number thereof shall acttogether in the view or inspection and shall make their jointreport and recommendations to each court. Exceptions to thereport of viewers may be filed in and appeals therefrom madeto the courts of either county, in which case the courts ofsaid two counties sitting together shall hear and determine thesame. Whenever publication of notice is required, suchpublications shall be made in each county. The approval of bothboards of commissioners and of both courts shall be necessaryin order to authorize any action requiring such approval.

Section 2714. Payment of Cost.--(a) All expenses inconnection with any matters affecting any such bridge shall beborne by the two counties jointly in equal proportions or inany other proportions, as the commissioners of the severalcounties 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 thecommissioners of the said counties, acting as a joint countybridge commission, who are hereby authorized to act jointly inthe employment of such employes and fix their wages, salariesand compensation, and to incur such other expenses in theconstruction and operation of such bridge, including thecompensation of such attorneys as in their judgment shall berequisite and necessary. All decisions of such commission shallrequire 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 theydeem expedient for the proper government and management of saidbridge and for the preservation of good order, safe traffic andproper conduct thereon.

(c) For any violations thereof, the offender or offendersshall 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 Bridgesand Highways.--Whenever, in the erection, construction, repairor maintenance of any county bridge or highway, it becomesnecessary for the safety of said bridge or highway or advisablefrom an economic standpoint to widen, straighten, alter, protector change the course of any unnavigable stream, it shall belawful for the county to enter upon abutting or adjacent land

and to widen, straighten, alter, protect or change the courseof such unnavigable stream for such purposes, and in connectionwith such entry, to take, injure and destroy any necessary landor property, in accordance with Article XXVI.

Section 2717. Dykes, Banks, Causeways and Sluiceways forProtection of Bridges and Highways.--The board of commissioners,for the purpose of protecting any county bridge or bridges, theabutments thereof and approaches thereto and any public highwayadjacent to the same from the incursions of floods or watersof any creek, rivulet or other stream, and so as to prolong thelife of said structures, may erect and maintain dykes, banks,causeways and sluiceways over, on and across any creek, rivuletor other stream not navigable, and which creek, rivulet or otherstream is affected by the rise and fall of the tide, floods orwaters of any creek, rivulet or other stream, and secure a rightof way for proper ingress and egress thereto, and in connectionwith such activities, to take, injure and destroy any necessaryland or property, in accordance with Article XXVI. Any suchchange in an existing stream channel under the provisions ofthis or the preceding section shall first be approved by theDepartment 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 thetraveling public, the county commissioners of the county withinwhich a county bridge is erected, or the county commissionersof two or more counties acting together with regard to anybridge located partly in one county and partly in another countyor counties, may supply and equip any county bridge within theirrespective counties with lights of any kind and character, asthey shall deem necessary.

(b) To carry out the provisions of this act, the countycommissioners, severally or jointly, are authorized to contractwith any individual or with any municipal or private corporationfor the purpose of supplying the necessary light.

(c) The cost of the construction, erection and maintenanceof any light placed upon any such bridge shall be paid by thecounty or by the two or more counties, as may be agreed uponby the county commissioners of said counties.

Section 2720. Repair of County Bridges.--The countycommissioners shall repair all county bridges heretofore erectedor that may be hereafter erected by the county where no otherprovision is made for the maintenance thereof, and shall paythe expenses of such repairs out of the county treasury.

Section 2721. Painting and Tightening of Bolts of Iron andSteel 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 WhenLiability for Such Repairs is in Doubt.--(2723 repealed Nov.30, 2004, P.L.1439, No.186)

Section 2724. Application to County Commissioners; Authorityto Act.--(2724 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2725. Contributions Towards Work.--(2725 repealedNov. 30, 2004, P.L.1439, No.186)

Section 2726. Collection of Costs of Repairs; Return ofContributions.--(2726 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2727. Temporary Substitutes for Bridges.--Wherecounty bridges have been or shall hereafter be destroyed orrendered impassable by fire, storm, flood or other casualty,

the county commissioners may provide, at the expense of thecounty, ferries or other temporary ways as a substitute forsuch destroyed or impassable bridges, until such county bridgesshall be rebuilt or rendered fit for public travel. Where acounty bridge spans a stream which is the boundary between twocounties of this Commonwealth and the bridge across such streamhas been built and maintained at the joint expense of saidadjoining counties, the establishment and maintenance of suchferry or temporary way shall be by the joint discretionaryaction of the boards of commissioners of said counties and theexpense thereof shall be borne by said counties in equal share.

Section 2728. Bridge for Pedestrians Only.--When the countycommissioners of the county have been legally authorized toerect a county bridge and when, in the exercise of theirdiscretion, it is found that a bridge for pedestrians only willsufficiently accommodate public travel at the place in question,they are authorized to erect such bridge instead of a bridgefor general traffic.

Section 2729. Rebuilding Insufficient Bridge.--Whenever itshall appear to the commissioners that any county bridge is notsufficient for any cause to accommodate the public travel, theymay erect and construct a new and sufficient bridge to take theplace of the insufficient, destroyed or partially destroyedbridge, or may widen and straighten county bridges where deemednecessary to accommodate the public travel. Such new bridgewhen 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 andreconstruct all bridges heretofore built or that may hereafterbe erected by the county commissioners, whether constructedunder general, special or local laws, whenever any such bridgehas been or shall hereafter be blown down, destroyed, partiallydestroyed or swept away by floods, freshets, ice, storm, fireor other casualty, at the expense of the county.

(b) For the purpose of carrying into effect the provisionsof this section, the county commissioners are hereby authorizedto 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 thecounty that any county bridge has from any cause becomeburdensome and is no longer necessary for the accommodation ofpublic travel, they may close, vacate, abandon and remove saidbridge.

(2731 amended Nov. 30, 2004, P.L.1439, No.186)Section 2732. Contracts With Railroad Companies for Use,

Purchase, Removal, Replacing or Exchange of CountyBridges.--(a) Any railroad company which has heretofore locatedor may hereafter locate its railroad upon any county bridge maycontract and agree with the commissioners of said county forthe use, purchase, removal, replacing or exchange of suchbridge, or for the compensation to be paid to said county bysaid company for the use and occupancy of said bridge or suchparts thereof as may be used and occupied by said railroadcompany. For such purpose, the commissioners may contract andagree with said company and may do all acts necessary and properto effectually carry out such contract.

(b) All moneys due and all obligations incurred by saidcompanies under said agreements and contracts may be collected

and enforced in the same manner as debts of like amount are nowrecovered and similar obligations enforced in this Commonwealth.

Section 2733. Restrictions and Saving Clause.--No bridgeerected under the provisions of this act shall obstruct anycanal or railroad over which such bridge may be erected. Nothingin this article shall release railroad or other companies ofthe Commonwealth from the requirements of existing laws.

Section 2734. Appropriations; Tax Levy and Incurring ofIndebtedness.--For the purpose of carrying into effect theprovisions of this subsection, the county commissioners arehereby authorized to make appropriations, levy taxes, borrowmoney 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.--(2751repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2752. Change in Location of Bridge and Roads.--(2752repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2753. Estimate of Cost; Tax Levy; Erection.--(2753repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2754. Entering Embankments and Causeways on Recordas County Improvements.--(2754 repealed Nov. 30, 2004, P.L.1439,No.186)

Section 2755. Assistance in Building Bridges not Enteredas County Bridges.--When the county commissioners find that abridge is necessary and that the erection of such bridge willrequire more expense than it is reasonable that the one or moreadjoining townships, boroughs or cities of the third classshould bear, and the county commissioners do not deem itadvisable to enter such bridge on record as a county bridge butshall consider it proper to assist such township or townshipsor such city of the third class or such borough in building thesame, they may either build such bridge or any portion orportions thereof or furnish such township or townships or cityof the third class or borough the whole or part of the moneynecessary to build it, without entering such bridge on recordas 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 countycommissioners shall keep a record of all their proceedings insuch cases, and such bridges shall be maintained, kept in repairand rebuilt, when necessary, by the respective townships,boroughs or cities of the third class, and the county shall notbe liable for the costs of the maintenance, repair or rebuildingof the same or any part of such cost: Provided, however, Thatit shall be lawful for the county commissioners of the countyin which such bridge is located to furnish such township ortownships, boroughs or city of the third class either the wholeor part of the money necessary to repair or to rebuild suchbridge or bridges, as the said board of county commissionersmay 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 shallhereafter assist any municipality in the building of the wholeor any portion of a bridge and it shall afterwards appear tothe commissioners that the care, maintenance and responsibilityof said bridge is greater than it is reasonable that the said

municipality should bear, they may enter such bridge upon recordas a county bridge, and it shall thereafter be a county bridgethe 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 maintainedby any borough or township, or both, or by any two townships,and used by the public for travel, the county commissioners maytake the same as a county bridge whenever the proper authoritieshaving the maintenance, supervision and control of such bridgeshall tender the same to said county commissioners free andwithout charge therefor. Any bridge so taken shall thereafterbe maintained and kept in repair as a county bridge.

(c) On Action of County Commissioners

Section 2771. Bridges and Approaches Authorized.--The countycommissioners may locate, lay out, open, construct and maintainpublic bridges across any river or stream, whether such bridgeis wholly or partly within any city, borough or townshiptherein, together with such bridge approaches, viaduct or otherapproaches as the county commissioners may deem necessary orconvenient for the purpose of connecting any such bridge withthe existing streets or public roads in such cities, boroughsor townships, and to that end may take, enter upon, appropriateproperty and rights of property of all kinds, whether devotedto a public or private use, for the purposes aforesaid, and forthe necessary slopes, piers, walls, abutments, fills andembankments, in the manner and subject to the restrictions andprocedure provided in Article XXVI of this act, and may enterupon or over any street, public highway or public road in suchcities, 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 commissionersshall resolve to exercise any of the powers conferred by thepreceding section, they shall cause to be prepared plans andsurveys showing the location of the proposed bridge and itsapproaches and the property or rights of property affectedthereby, 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 andthe estimated cost of such bridge, or, if the method ofconstruction has not been fully determined, the estimated costthereof 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, Boardor Body; Change in Location.--(a) Where the proposed bridgecrosses any navigable stream or other public water or theproperty rights or property or rights of way of any railroador other public service corporation, and by reason thereof theapproval of any State or Federal officer, board or body isrequired as to the location and construction of such bridge orits approaches, the county shall be deemed to have full andcomplete authority to construct such bridge in such otherlocation and in such other manner as may be necessary to complywith the conditions prescribed by such officer, board or bodyin granting such approval if county commissioners be of theopinion, and by resolution duly adopted so decide, that thebridge as thus changed is necessary for the convenience of the

traveling public and will accommodate substantially the sametraveling public as the bridge would have done if it had beenconstructed at the location and in the manner originallyprovided.

(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 leaseswith any street railway, telegraph, telephone or othercorporation or persons desiring to make use of said bridge andits approaches for other than ordinary public foot or vehicletraffic, and with the successors and assigns of suchcorporations, for the concurrent use of such portion of saidpublic bridge and approaches as shall not substantially impairor restrict the public use and enjoyment thereof, upon suchterms and conditions as shall be agreed upon, or to charge tollsor rentals for such special use.

(b) No such contract or lease shall be entered into for alonger period than twenty years, nor unless such contract orlease shall be first approved by the Public Utility Commissionof this Commonwealth.

Section 2776. Consent of City or Borough.--(2776 repealedNov. 30, 2004, P.L.1439, No.186)

Section 2777. County Authorized to Contract WithMunicipality.--When such bridge is proposed to be located orerected in any municipality, the county may agree that suchmunicipality may bear a portion of the cost of the locating,laying out, opening and constructing of such bridge and itsapproaches and appurtenances, and that the municipality mayprovide the approach therefor and bear the cost of themaintenance of any approach within the respective municipality,as shall be agreed upon between any such county and suchmunicipality.

(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 mayappropriate and pay out of the general county funds all moneysnecessary for said purposes, and may levy, assess and collecttaxes, for the purposes aforesaid, on all real and personalproperty within said county, now or hereafter taxable for countypurposes, in addition to all other taxes.

Section 2779. Incurring of Indebtedness.--(2779 repealedNov. 30, 2004, P.L.1439, No.186)

Section 2780. To Be County Bridge; Maintenance andExpenses.--(2780 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2781. Collection of Tolls to Pay OffIndebtedness.--(2781 repealed Nov. 30, 2004, P.L.1439, No.186)

(d) Between Municipalities on Petition ofResident Taxpayers

(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2791. Petition for Bridge or Culvert; Appointmentof 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 ofViewers.--(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 BridgesAlready Erected.--(2796 repealed Nov. 30, 2004, P.L.1439,No.186)

Section 2797. County Commissioners May Borrow Money.--(2797repealed Nov. 30, 2004, P.L.1439, No.186)

(e) Joint Action of Counties or County and City

Section 2801. Building or Rebuilding.--Whenever it isnecessary to erect a bridge on the boundary line between twocounties, either to take the place of an intercounty bridgewhich has become insufficient for any cause to accommodatepublic travel or to provide a new bridge where none haspreviously been, such counties may jointly build or rebuildsuch 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 thedividing line between one county and a municipality in the othercounty, and such municipality has authority to build or rebuildsuch bridge or to join with any county therein, said county mayjoin with said municipality in the other county in building orrebuilding 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 twocounties or by the county and municipality so joining. Suchbridge when built shall be an intercounty bridge and be subjectto all provisions of existing laws relating to intercountybridges.

(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 suchconstruction and damages are sustained by the owner or ownersof such lands, the county commissioners in the county where thelands are located, when possible, shall enter into an agreementwith such owner or owners as to the amount of damages to bepaid to such owner or owners. If a satisfactory agreement cannotbe made as to said damages, they shall be ascertained and paidin the manner and subject to the restrictions and procedureprovided in Article XXVI of this act. The damages shall, ineither event, be paid by the county in which the lands arelocated.

(f) Acquisition of Bridges(Subart. repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2811. Purchase or Condemnation.--(2811 repealedNov. 30, 2004, P.L.1439, No.186)

Section 2812. When Price Cannot be Agreed Upon.--(2812repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2813. To Be Public Bridge; Tolls or Rentals forSpecial Use; Preservation of Existing Contracts.--(2813 repealedNov. 30, 2004, P.L.1439, No.186)

(g) Acquiring and Rebuilding Bridges PrivatelyOwned or Built by Public Subscription

Section 2821. Rebuilding When Destroyed or Abandoned.--Thecounty commissioners of any county may take charge of or rebuildand reconstruct any bridge owned and maintained by corporationswhere the same has been destroyed by ice or otherwise, withinten years, or abandoned by the owners, where such bridge crossesany 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 twocounties, being on the line of a public highway, or deemednecessary for the use of the traveling public, and owned andmaintained by corporations or by private persons, or which wasbuilt by public subscriptions, which has been destroyed by ice,flood or otherwise, at any time, or which has been or may beabandoned and the site or location and piers and abutments nolonger used by the owners, may be rebuilt and maintained jointlyas a county bridge by the county commissioners of such counties,and the costs and expenses of such joint reconstruction shallbe paid by the said counties respectively in the proportion ofthe population thereof, as ascertained at the last census.

Section 2822. Mandamus on Petition of Taxpayers ifCommissioners Neglect or Refuse to Act.--(2822 repealed Nov.30, 2004, P.L.1439, No.186)

Section 2823. Procedure When Damages Cannot be AgreedOn.--(2823 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2824. Borrowing Money and Bond IssueAuthorized.--(2824 repealed Nov. 30, 2004, P.L.1439, No.186)

(h) Erected by Private Persons or by PublicSubscriptions and Donated to County

Section 2831. Acceptance, Taking Charge of and Entering onRecord as County Bridge.--The county commissioners of any countymay accept, take charge of and enter upon the records as acounty bridge, any bridge over any stream or river running intoor through any county, which bridge has been erected andconstructed at the expense of private persons or by publicsubscriptions, and has been opened to free public travel, usedby the public and become necessary and convenient for the useof the public, upon notice in writing of the persons who erectedor caused the same to be erected, or by the subscribers to theoriginal subscription on which the money was raised to erectthe same, or the heirs or assigns of such persons orsubscribers, or by a duly authorized board of trusteesrepresenting such persons or subscribers, of their desire todonate the said bridge to the county wherein the same issituated. Where such bridge crosses a stream forming theboundary line between two counties, the persons or their heirsor assigns, subscribers or trustees representing them, asaforesaid, shall give notice in writing to the countycommissioners of each of said counties of their desire to donatesuch bridge to said counties jointly.

Section 2832. Procedure for Determining Necessity ofBridge.--(2832 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2833. Procedure if Exceptions are Filed.--(2833repealed 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 UseSame.--(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.--(2843repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2844. Approval of Public Utility Commission.--(2844repealed 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 NeighboringMunicipalities.--Whenever different parts of any municipalityor any part of such municipality and any municipality borderingthereon are separated therefrom by any intervening valley orravine, and the county commissioners shall decide it necessarythat a public bridge for the purpose of connecting theterritories thus separated be constructed and that such bridgewill be of substantial advantage and benefit to the taxableinhabitants of the municipality bordering thereon ormunicipalities adjacent thereto, such county may contract withsuch municipality for the laying out and construction by suchmunicipality of such bridge and may pay to the municipalitysuch portion of the cost thereof as the county commissionersshall deem reasonable, and shall appropriate money, levy taxesand 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, amunicipality is authorized to construct a bridge or viaductover a river, creek or stream or other place over which thecounty is authorized to build bridges, and such municipalityis authorized to contract with the county and with railroads,street railways and other companies or parties interested forthe building and maintenance of such bridge or viaduct, and forthe payment of any damages caused by the location or erectionthereof, the county commissioners may contract with suchmunicipality for that part or portion of the bridge or viaductwhich crosses any of the places hereinbefore mentioned,including the abutments and piers thereof. Such part shallthereafter be maintained as a county bridge. In lieu thereof,the county commissioners may contract for any part or portionof the whole structure equal to or greater than the part orportion 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 municipalityand does not cross any place over which the county is authorizedto construct a bridge but crosses merely railroad or railroadsand private property, the county commissioners may contract topay an amount of money, not exceeding thirty per centum of theentire cost of the proposed bridge or viaduct. Such bridge orviaduct shall thereafter be maintained as a municipal structure,and the county shall not be liable for any part of the cost ofmaintenance 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 acertain part or portion of the whole contract price or cost ofthe work, including damages, or may stipulate that the county

shall construct or pay for the construction of a certain partor portion of the work, and may otherwise provide for thepayment of the damages. The amount to be paid by the countyshall be paid directly to the contractor, as may be providedby the contract. The agreements may also provide for themaintenance of the viaducts and bridges after their erection.

Section 2855. Contracts for Work.--After any such contracthas been entered into, the county commissioners, in conjunctionwith the municipality, shall have prepared plans andspecifications of the entire work and shall advertise for bidsand award the contract to the lowest responsible bidder. Suchcontract shall provide that the county shall pay its certainpart of such bridge or viaduct directly to the contractor. Thecontractor shall have a right of action against the county forthe 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 therecorder's office. Such record shall be notice to all personswho might be affected thereby.

Section 2857. Purchase or Condemnation of Public TollBridges.--(2857 repealed Nov. 30, 2004, P.L.1439, No.186)

Article XXIXRoads

Compiler's Note: Section 5(3) of Act 34 of 2006 providedthat, except as to the measure of damages prescribed by26 Pa.C.S. (relating to just compensation and measureof damages), nothing in Act 34 shall repeal, modify orsupplant Article XXIX as it is applicable to proceduresin 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 ArticlesXXVII and XXVIII applicable to procedures in the courtof quarter sessions with respect to bridges, viaducts,culverts and roads or section 412 of the State HighwayLaw, act of June 1, 1945 (P.L.1242), as amended, nor,except as to the measure of damages prescribed by ArticleVI hereof, shall it repeal, modify or supplant any lawinsofar as it confers the authority or prescribes theprocedure for condemnation of rights-of-way or easementsfor occupation by water, electric, gas, oil and/orpetroleum products, telephone or telegraph lines useddirectly or indirectly in furnishing service to thepublic. If the condemnation for occupation by water,electric, gas, oil and/or petroleum products, telephoneor telegraph lines consists of the taking of a fee, allthe provisions of this act shall be applicable.

(a) Authorization, Construction and Maintenance

Section 2901. County Roads; Establishment andMaintenance.--(a) The words defined in section 2801 of thisact shall be construed to have like meanings when used in thisarticle.

(b) Establishing County Roads. For the purpose of providingpublic roads, specially constructed, improved and maintained,the county commissioners may originally lay out and open anyroad, and take possession of and exercise control over anyexisting 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 roador part thereof, and vacate so much thereof as may becomeunnecessary and useless. Any road so taken over or improvedshall thereupon become a county road and be subject to thecontrol and supervision of the county commissioners. It shallbe the duty of the county to keep and maintain county roadsestablished under this act and all other county roads in repair,the expense thereof to be paid by the county in the mannerhereinafter provided.

(b.1) (Deleted by amendment)(c) Acquisition of Rights of Way of Abandoned Railroads.

The commissioners of the county may take over any abandonedrights of way or bridge of a railroad company or any partthereof for the purpose of relocating any existing or locatinga new county road, and they may purchase such abandoned rightof way or bridge or such part thereof, as may be necessary forthe relocating or locating of said county road, from the ownerthereof, at a fair price.

Whenever any such abandoned right of way or bridge of arailroad company or any part thereof is purchased under theprovisions of this section, a county road shall be laid out andlocated thereon and shall thereafter be constructed, improvedand maintained in accordance with law. Any such bridge so takenover shall become a county bridge and shall be maintained,rebuilt and repaired accordingly.

(d) Joint Action by Counties. The provisions of this articlemay also be exercised jointly by adjoining counties as to roadsextending along and adjacent to county lines and from oneadjoining county into another.

The procedure and jurisdiction in each county in such casesshall be the same as to any portion of such road lying withinits limits, except that the petition, plans and surveys of suchroad shall describe and exhibit every portion of such roadwithin the limits of such county and every portion thereofextending along the line of or into an adjoining county. Theseveral portions thereof lying within limits of each countyshall be treated in all proceedings as one continuous road.

(e) To Be County Road as Soon as so Decreed. All roads andparts thereof heretofore and hereafter decreed by the courtunder this or any former acts of Assembly to be a county roadshall be subject to the control and supervision of the countycommissioners.

(f) Maintenance and Repair of County Roads. Thecommissioners shall have prepared plans and estimates, as oftenas required, for the repair and maintenance of all roads whichthe county is required by law to maintain and repair. They mayinvite proposals for maintaining and repairing such roads orparts thereof in accordance with such plans and estimates andaward the contract therefor in like manner as contracts for newimprovements, or they may make the necessary repairs themselves.For the purpose of making such repairs, the commissioners mayemploy or appoint the proper persons and buy the necessarymaterials and buy or rent the necessary machinery. The countymay also lease any of its machinery to any political subdivisionwithin the county, upon such terms and conditions as may beagreed upon.

(g) Annual Tax. The commissioners may levy, assess andcollect an annual tax, of not more than two mills upon thedollar, upon all real and personal property within said countytaxable for county purposes for the purpose of acquiring andsecuring a fund from which to pay all costs, damages and

expenses required in the locating, opening, building, improving,widening, straightening, extending, maintaining, repairing orvacating of roads or parts thereof covered by the provisionsof this section, and for the taking and use of such land as maybe necessary in constructing and maintaining proper slopes,embankments, fills and culverts. The moneys so raised shall notbe expended for any other purposes than those named in thissection, except for the maintenance, repair, construction andreconstruction of any county bridge or bridges, whether or notlocated on a county road or roads. All warrants for the paymentof any portion of the money raised for the purposes aforesaidshall be issued, in the manner provided by this act, uponestimates which shall be made from time to time by the personscharged with such duty. The amount and time within which thesame shall be paid shall be fixed and determined in the contractmade for the public work.

(h) Borrowing Money; Bond Issue and Tax Levy. The countycommissioners may borrow money and secure any indebtednesscreated by them for the purposes authorized under this section.

(i) Changing Part of Road Without View. Whenever the boardof commissioners deem it advisable to construct or alter anypart of any road under their supervision and can agree with theproperty owners affected by such change as to damages, theymay, upon payment of the damages agreed upon, construct or altersuch part of such public road as contemplated in such agreementwithout the formality of a view.

(j) Assessment of Benefits. Whenever, in the county, anyroad or highway shall be originally located, laid out orconstructed or relocated, opened, straightened, widened,extended or altered, or any part thereof vacated, the viewersappointed to assess damages for taking, injuring or destroyingproperty, after having determined the amount of damagessustained, shall assess the whole or such part of such damagesas may be represented by benefits upon the properties abuttingon and benefited by such improvements. The remaining part ofsuch damages, if any, not so assessed against the abuttingproperties, shall be paid by the county. The total assessmentsfor benefits shall in no case exceed the total damages awardedand agreed upon.

The viewers shall in such cases file their report showingthe balance struck between the damages awarded and the benefitsassessed.

(k) Interest on Benefits Assessed. All assessments forbenefits shall bear interest at the expiration of thirty daysafter they have been finally determined and fixed and shall bepayable to the treasurer of the county.

(l) Liens for Benefits Assessed. All liens for theassessment of benefits pursuant to the provisions of the twopreceding subsections shall be filed, revived and collected inaccordance with law.

No appeal taken shall prevent the filing of liens by thecounty for any assessment made by virtue of the viewers' report,but upon the final determination of the issue the court maymake such order as to any lien filed that shall appear rightand proper.

(m) Sidewalks Along County Roads. Whenever considerednecessary for the safety and accommodation of the public, thecounty commissioners may locate, construct and maintainsidewalks along county roads. The cost of the construction andmaintenance of said sidewalks shall be paid by the county.

(n) Lights Along County Roads. Whenever considered necessaryfor the safety and convenience of the traveling public, the

county commissioners may supply and equip any county road orparts thereof with lights of such kind as they shall deemnecessary. The commissioners may for this purpose contract withany individual or with any municipal or private corporation.The cost of the construction may and the cost of maintenanceof 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 mannerprovided by this section, cause to be laid out, surveyed andadopted a system of main thoroughfares which said board shalladjudge the proper roads to be established and speciallyconstructed and improved. In adopting such system, thecommissioners shall consider the population and needs of allparts of the county and make an equitable distribution of theroads to be specially constructed, located and improved by thesaid county. They shall cause a plan or plans to be made showingsaid system of proposed roads, the relation of the proposedroads to existing public roads which connect therewith or areto 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, theyshall cause said approval to be engrossed upon said plans andcertified by at least two commissioners. Said plans shall befiled for public inspection in the office of the commissionersand recorded in the office of the recorder of deeds in a bookto be provided for the purpose.

No part of the proposed roads of said system shall be aneasement upon private property or in any manner interfere withthe use thereof until established as a public road by the actionof the court of quarter sessions.

(b) Improvement of Municipal Roads. Whenever such systemof main thoroughfares has been adopted or when the adoptionthereof is contemplated within two years after the commencementof such improvement, the commissioners may take exclusivecontrol of and improve any road or section thereof locatedeither wholly or in part in any municipality, whether existingby their authority or laid out in whole or in part by virtueof this act or otherwise. For that purpose, they may originallylocate, lay out, establish in whole or in part, relocate,straighten, widen, extend, alter and open roads, and constructand improve the same, and vacate so much of any roads as maybe thereby rendered unnecessary and useless. Any road asestablished or altered, constructed and improved under theprovisions of this subsection shall, by ordinance enacted byeach municipality through which such road shall pass, becomemunicipal roads, and the duty of maintaining and keeping thesame in repair shall devolve upon each respective municipalitythrough or into which the same extends.

(c) Plan of System to Be Followed; Variations. After suchplans have been adopted and recorded pursuant to law, allapplications under the preceding subsection shall be restrictedand shall relate only to the establishing, opening, constructionand improvement of the proposed roads of said system or partsthereof and the vacation of roads supplied by the portion openedand improved. The commissioners may relocate, straighten, widen,extend, alter and open, construct and improve the proposed roadsas laid out, surveyed, marked and shown upon the plans of saidsystem, or to originally locate, lay out and establish,construct and improve roads which substantially supply saidsystem or parts thereof which, although not parts of saidsystem, are deemed by the said court to be main thoroughfares

of sufficient importance to be improved by the county and tobe added to said plan, and in such case to vacate so much ofthe roads of said system and of roads already established asmay be rendered unnecessary by the changes or by an entirelynew location.

(d) Improvement of Roads Not Part of System on ContributionFrom Parties Interested. The commissioners may also originallylocate, lay out and establish in whole or in part, relocate,straighten, widen, extend, alter and open, construct and improveroads 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 andimprovement as the commissioners may deem just, which shall notbe less than one-fourth of such cost in any case.

(e) Annual Tax. The commissioners may levy, assess andcollect an annual tax, of not more than two mills upon thedollar, upon all real and personal property within the countytaxable for county purposes, for the purpose of acquiring andsecuring a fund from which to pay all costs, damages andexpenses required in locating, opening, widening, straightening,extending, building, improving, maintaining, repairing orvacating of the roads or parts thereof improved under theprovisions of this section, and for the taking and using ofsuch land as may be made necessary in constructing andmaintaining proper slopes, embankments, fills and culverts. Themoneys so raised shall not be expended for any other purposesthan those named in this subsection. All warrants for thepayment of any portion of the money raised for the purposesaforesaid shall be issued, in the manner provided by this act,upon estimates which shall be made from time to time by theperson charged with such duty, and the amount and time withinwhich the same shall be paid shall be fixed and determined inthe contract made for the public work herein authorized.

(f) Borrowing Money and Bond Issue. Any county may borrowmoney and secure such indebtedness for the purpose of buildingand improving the roads or any part thereof constructed underthe 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 shalldeem 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, eitherwholly or partly within the boundaries of any city, borough ortownship. Any road, tunnel, subway or underground road purchasedor constructed under the provisions of this section shallforever thereafter be a county road, tunnel, subway orunderground road, and the duty of maintaining and keeping thesame in repair shall devolve upon the county. The expensethereof shall be paid by the county as hereinafter provided.

(b) Contracts or Lease for Special Use of Improvements. Thecommissioners may make a contract or lease with any streetrailway or transportation company, its successors and assigns,for the concurrent use of such a portion of said road, tunnelor subway or underground road, as shall not substantially impairor restrict the public use and enjoyment thereof, upon suchterms and conditions as shall be agreed upon.

(c) Taking Street or Other Property of Municipality. Shouldthe commissioners of the county deem it necessary or advisableto enter upon or appropriate any road or property of any cityor borough in the county, or take any other action affectingthe property rights or authority of such municipality, for the

purpose of constructing or maintaining a road, tunnel, subwayor underground road, or in connection with the improvement ofany of them, which has been or is about to be purchased by thecounty or otherwise, the consent thereto of such municipalityby ordinance shall be obtained before the actual entering inor upon or the appropriation of such road or property. Aftersuch entry and appropriation, the county shall be liable andcharged with the supervision, control and maintenance of saidroads and properties, or so much thereof as is taken and usedfor the purpose of constructing and maintaining such road,tunnel, subway or underground road, or in connection with theimprovement of any of them, purchased or to be purchased asaforesaid.

(d) Annual Tax Levy. The commissioners may levy, assess andcollect an annual tax, of not more than two mills on the dollar,on all real and personal property within the county taxable forcounty purposes for the purpose of acquiring and securing afund from which to pay all costs, damages and expenses requiredin the purchasing, improving, locating, opening, constructing,maintaining and repairing roads, tunnels, subways andunderground roads, purchased or constructed under the provisionsof this section, and the taking and using of such land as maybe made necessary in constructing the same and in maintainingproper slopes, embankments, approaches and termini for saidroads, tunnels, subways and underground roads. The money soraised shall not be used or expended for any other purposesthan those named in this subsection. All warrants for thepayment of any portion of the money raised for the purposesaforesaid shall be issued, in the manner provided by this act,upon estimates which shall be made from time to time by theperson charged with such duty. The amount and time within whichthe same shall be paid shall be fixed and determined in thecontract made for the public work herein authorized.

(e) Borrowing Money and Bond Issue. The county may borrowmoney and incur indebtedness to an amount not exceeding theconstitutional limitations, for the purchase and improvementor construction of such roads, tunnels, subways and undergroundroads.

(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 uponprivate property, except the right of way of a railroad company,for the purpose of constructing, reconstructing or maintainingstorm water drains, ditches or channels, and the inlets andoutlets thereto.

Section 2906. Damages for Entry on Lands.--Any damagessustained by the owner or owners of land entered upon by thecounty shall be paid by the county or counties within whichsaid property is located. The determination of the amount ofdamage shall be in accordance with existing laws relative todetermination of damages for the location, relocation,construction, reconstruction, etc., of county roads.

Section 2907. Penalties for Injuring Drains, Etc.--If anyperson shall stop, fill up or injure any such drain, channelor ditch, or the inlets or outlets thereto, or shall divert orchange the course thereof, without any authority of the county,or shall be responsible for the same, and does not eliminateor 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 personshall 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, Thatnothing herein contained shall limit or deprive the saidcounties of any other remedy which they may now or in the futurehave, 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 ofthe county commissioners, the court of common pleas may vacateas a county road any portions of any abandoned or condemnedroad, or any portions of any road purchased by the county, orof any road, the permanent location or improvement whereof hasbeen ordered or made under this or former acts relating tocounty roads. All portions of such roads so vacated shall becomeand be township roads, if located within a township, or shallbecome and be borough or city roads, if located within a boroughor city. Written notice of the contents of said petition andthe time when the same will be presented to the court shall begiven by the county commissioners to the supervisors orcommissioners of the township or townships or to the councilof the borough or city through which said road passes, at leastten days before the date of presenting the same. At the timesaid petition is presented, the court may fix a time for hearingin open court, or may refer the matter to an examiner to taketestimony and report his findings to the court at such time asthe court shall direct. At any hearing in open court or beforean examiner appointed by the court, all parties in interest mayappear and be heard. After such hearing, the court, if it shallfind that the conditions prescribed by this act have beencomplied with, may grant the prayer of the petitioners and makea decree accordingly or make such order in the premises as itdeems right and just. No order of vacation shall be made untilthe township, borough or city affected shall have consentedthereto by an ordinance or resolution certified to the court.

(2909 amended Nov. 30, 2004, P.L.1439, No.186)

(c) Continuous Highways from One Countyto Another

Section 2912. Laying Out; Altering; Vacating.--Roads formingor intended to form a continuous highway from one county toanother, which cross a river, creek or rivulet forming aboundary line between said counties, may be laid out or alteredor 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 ofCounty Road.--When a city or borough intervenes between twoends of a county road, and the municipality has failed toproperly improve the municipal streets constituting the shortestand most reasonable route through said municipality which willconnect the two ends of such county road, the board ofcommissioners may contract with the corporate authorities ofthe municipality that the shortest and most reasonable routethrough said municipality connecting the two ends of suchhighway be improved.

Section 2921. Municipal Streets as Terminus of CountyRoad.--When a county road terminates at the corporate limitsof a city or borough in the same or in another county andconnects with a municipal street which the municipality hasfailed to properly improve, and the commissioners of the countyin which the municipality is located deem the improvement ofsuch municipal street necessary in order to make such countyroad easily accessible to the residents of the municipality orto the traveling public, the county commissioners may contractwith the corporate officials of the municipality that suchmunicipal street or any part thereof be improved, and also thatthere be improved, when necessary, any parts of the streetsconnected therewith which connect said county road with thebusiness districts of said municipality or with a system ofimproved streets therein or which connect the said road withanother county road terminating at the limits of saidmunicipality. If several municipalities are contiguous to eachother and at the corporate limits of any one of them a countyroad terminates and one or more of such municipalities havefailed to properly improve any municipal street therein, andthe county commissioners deem the improvement of such streetnecessary in order to make such county road easily accessibleto the residents of the municipality or to the traveling public,the board of commissioners may enter into a similar contractwith the corporate authorities of such municipality ormunicipalities.

Section 2922. Improvements.--The board of commissioners maywiden, repave or otherwise improve said municipal streetswhenever the same is necessary to accomplish any of the purposesof sections 2920 and 2921 of this act. Whenever such improvementis made to a municipal street, the county may pay the totalcost of such improvement, or the cost may be divided betweenor among the municipality or municipalities and the county. Thecontract for any such improvement may be taken by the countyupon the stipulation by any municipality to pay itsproportionate share of the cost, if any, upon the completionof the work, or it may be taken by any municipality upon a likestipulation of the county, or the improvement may be made byjoint contract.

Section 2923. Maintenance.--Before any municipal street isso improved, the board of commissioners and the council of suchmunicipality shall agree upon the maintenance of such street.Such agreement may provide that such street shall be kept andmaintained in good repair by the municipality, in which case,upon the completion of said improvement, all further liabilityand responsibility of the county shall cease and determine, orit may provide that it shall be kept and maintained in goodrepair by the county and the share of the municipality shallbe paid annually to the county.

Section 2924. Contracts With Borough, Township orIncorporated Town.--The board of commissioners may contractwith the authorities of any borough or township, separately orjointly, providing that the commissioners shall construct animproved road in a similar manner as a county road. The expenseor cost of said construction shall be borne jointly by theborough, township and the county in such ratio or proportionsas may be agreed on in said contract or contracts, irrespectiveof whether the municipality intervenes between two ends of thecounty road or not, or whether or not the municipality is theterminus of a county road, State highway or township road.

Section 2925. Payment.--Payment for the construction ofsaid road or roads shall be made by the county, which shall be

reimbursed by the borough or township in such sums as agreedupon in said contract or contracts, upon presentation to them,from time to time, of estimates and bills for work alreadyperformed and paid for.

Section 2926. Repair and Maintenance.--Any such roadconstructed jointly shall be repaired and maintained at theexpense of the county, but nothing shall prevent the authoritiesof a borough or township from entering into a contract orcontracts with the county for the maintenance of said improvedroad under such terms and conditions as may be mutuallysatisfactory.

Section 2927. Where Center Line of Highway is BoundaryBetween City or Borough and Township.--Whenever the center lineof any road constitutes the dividing line between any city orborough and a township located in the same county, the boardof county commissioners and the commissioners or supervisorsof such township may enter into a contract with the city orborough providing for the grading, curbing and macadamizing orpaving of the roadway of said road. The cost thereof shall beborne one-half by the city or borough and one-half by the countyand township, in equal portions.

Section 2928. Alteration or Improvement.--The saidalteration or improvement shall be constructed and subsequentrepairs shall be made under the supervision of the properauthorities of the city or borough, in compliance with lawsgoverning the construction of such alterations or improvementsin said city or borough, and in further compliance with plansand specifications to be agreed upon in writing between thesaid city or borough and the board of commissioners of thecounty and commissioners or supervisors of the township. Thecost of repairs shall be borne one-half by the city or boroughand one-half by the township, or by the county and township inequal portions or such other proportion as may be agreed uponby the county and township.

Section 2929. Where Center Line of Road is Boundary BetweenCity or Borough and Township in Adjoining County.--Whenever thecenter line of any road constitutes a dividing line between atownship and a city or borough located in an adjacent county,the board of commissioners of the county and the commissionersor supervisors of such township may enter into a contract withthe city or borough providing for the grading, curbing,macadamizing or paving of the roadway of said road. The costthereof shall be borne one-half by the city or borough andone-half by the township and the county in which such townshipshall be situated, in equal portions.

Section 2930. Alteration, Improvement and Repairs.--Saidalteration or improvement shall be constructed and subsequentrepairs shall be made under the supervision of the authoritiesof the city or borough, in compliance with laws governing suchconstruction or improvement by such city or borough, and infurther compliance with plans and specifications to be agreedupon in writing between such municipality and board ofcommissioners of the county and the commissioners or supervisorsof the township. The cost of repairs shall be borne one-halfby the municipality and one-half by the township, or by thecounty and township in equal portions or such other proportionas may be agreed upon by the county and township.

Section 2931. Improvement on Order of Court of CommonPleas.--(Hdg. amended Nov. 30, 2004, P.L.1439, No.186) (a) Inall cases in which it shall be found impossible to enter intosuch contracts or agreements, or where either the city orborough and the township or the county in which such township

is situated shall refuse to enter into such contract oragreement, either the municipality or the county or townshipmay present its petition to the court of common pleas of eithercounty setting forth the facts and circumstances, including thecondition of the road from which the necessity and desirabilityfor the grading, curbing, macadamizing or paving of the roadwayappears, and the estimated cost thereof, and that the terms ofsuch contract cannot be agreed upon by the municipality andcounty or township, or either or any of them, or that eithersuch municipality or the county or township or any of themrefuses 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 allthe parties concerned, make its order or decree defining thenature and character of the improvement reasonably necessaryor desirable to be made to the roadway, and requiring theparties hereinabove specified to enter into a contract orcontracts for the making and constructing of the same as hereinprovided for. A copy of said petition, duly certified, shallbe served upon the municipality or county and townshipconcerned, other than the petitioner, with notice of the dayfixed by the court for the hearing. Thereupon, any of theparties served with such notice shall be entitled, on or beforesuch date, to file in the court its answer to said petitionsetting forth its version of the facts or such other mattersin relation thereto as may be deemed necessary or proper by it.

(c) The court, upon the date fixed or at such other timeas it may appoint, shall hear the evidence of the parties, orit may refer the matter to a master who shall hear the testimonyof the parties and report his findings, in the same manner andunder the same procedure as provided by the rules in equity insimilar cases, to the court, which may reject, confirm or modifythe same, and may make its decree or order directing the makingof such alterations or improvements to the roadway as may bedeemed reasonably necessary or desirable, and providing for thesharing of the cost of such improvements, one-half by themunicipality and one-half by the county and township, in equalportions.

(d) Said order or decree may further provide that therepairs to such alterations and improvements subsequentlyrequired shall be borne one-half by the municipality, whetherborough or city, and one-half by the county or township, inequal portions, or such other proportions as between the countyand the township as such court may find to be legal and proper.Thereupon, the grading, curbing, macadamizing or paving of theroadway of such road shall proceed in accordance with the decreeor order of the said court, in the same manner as if thecontract or agreement had been entered into and duly executed.

Section 2932. Guards or Barriers Along TownshipRoads.--(2932 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2933. Improvements of Roads Connecting with StateHighway.--The county may, singly, or jointly with any city orborough, appropriate and expend moneys for the improvements ofany road, not more than one mile in length in distance, outsideof the limits of such city or borough, for the purpose ofconnecting improved streets in such cities or boroughs with aState highway.

Section 2934. Purchase of Road Machinery; Renting of RoadMachinery to Townships.--The county commissioners of any countymay purchase such machinery for the preparation of road materialand the construction and maintenance of roads as they deemnecessary and pay for the same out of the general funds of the

county. Such machinery may be rented by the county commissionersto any of the townships within such county applying for same,under such regulations and at such rentals as the countycommissioners shall prescribe and fix. All machinery purchasedunder the provisions of this section shall be operated only bypersons employed for that purpose by and under the directsupervision of the county commissioners.

(e) Detours

Section 2940. Laying Out Detours When County Road isClosed.--(a) Except in the case of emergency wherein the safetyof the public would be endangered, no county road shall beclosed to vehicular traffic except upon order of the countycommissioners, nor for a longer period than is necessary forthe purpose for which such order is issued. Except for temporaryemergency police measures wherein the safety of the public wouldbe endangered if it were not temporarily closed, no county roadshall be closed to vehicular traffic when the same has beendesignated as a detour by the Department of Transportationunless the written consent of the Department of Transportationhas first been obtained, or unless the county commissionershaving jurisdiction over said road shall, by resolution, declaresuch 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 vehiculartravel, the board of commissioners shall immediately designateor lay out a detour, on which they shall cause to be erectedand maintained, while such detour is in use, legible signs ateach public road intersection throughout its entire lengthindicating the direction to the main highway. During the periodwhen such detour is in use, the county commissioners shallmaintain such detour in safe and passable condition. They shallalso immediately remove all detour signs when the highwayoriginally 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 acondition at least equal to its condition when designated as adetour.

(d) "Highway" as used in this act includes all publicthoroughfares and ways equally with the word "road," forconvenience of expression.

Section 2941. Detour Over Private Lands.--Whenever necessaryin the creation of a detour as aforesaid, the countycommissioners responsible for laying out the detour may enterinto an agreement with the owners of private lands covering theacquisition of right of way privileges over private propertyfor the period when the main highway shall be closed to traffic.In the exercise of the rights conferred by this section, thecounty commissioners responsible are hereby empowered to payfor the necessary maintenance, subsequent repair and land rentalout of such funds as are available for the construction andmaintenance of the roads in their charge.

Section 2942. Fines and Damages.--(a) Any person who shallwilfully remove, deface, destroy or disregard any barricade,light, danger sign, detour sign or warning of any characterwhatsoever, erected or placed under authority of section 2940of this act, or who shall drive on, over or across any roadwhich has been closed by proper authority, shall be convictedof a summary offense: Provided, however, That persons who haveno outlet due to the closing of a road may drive on, over oracross such road, with the consent in writing of and subject

to such conditions as may be prescribed by the countycommissioners responsible for the closing, or their agents orcontractors, without being subject to the fines imposed by thissection.

(b) In addition to the fines herein provided, the countycommissioners responsible for the maintenance of a road whichhas been closed to vehicular traffic, or their agents orcontractors, may, in an action at law, recover damages from anyperson or persons who have damaged a road when it is closed tovehicular traffic.

(c) All fines collected under the provisions of this sectionshall be paid to the county treasurer for the general fund useof 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 orPenalties.--(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 forViolation.--(2953 repealed Nov. 30, 2004, P.L.1439, No.186)

Section 2954. Penalty for Destroying, Et Cetera, IndexBoards.--(a) It shall be unlawful for any person to wilfullydestroy, remove, injure or deface any sign or index boarderected upon or near any public street, road or bridge by theauthorities of any county, or erected, with the consent of suchauthorities, by any club, association or other organized body,for the direction, guidance or safety of travelers. Any and allsuch signs of wood, metal or other substance, affixed to treesor posts in or upon any roads, properly erected in such mannerthat they do not interfere with travel, or upon fences,telegraph, telephone, trolley or other poles, with thepermission of the owners thereof, or upon private grounds, whereconsent has been obtained from the owners and tenants thereof,and which are close to roads, shall be within the provisionsof this section.

(b) Any person violating the provisions of this sectionshall be convicted of a summary offense and, in addition toother fines and penalties provided by law, may be required toprovide 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 isresponsible for the maintenance of any road may enter uponprivate property adjacent to such road and place thereon snowfences, at any point as may be deemed necessary to within alimit of one hundred feet from the right-of-way line of suchroad, in order to eliminate snow drifting on the traveledportion thereof.

(b) No snow fence authorized under this section shall beplaced prior to November first nor shall the same remain inplace after April first of the succeeding year, unless thewritten consent of the owner of the adjacent property isobtained, agreeing to an extension of time for the removal ofsaid snow fence.

(c) If the county responsible for the maintenance of theroad shall not be able to enter into an agreement with the ownerof adjacent property occupied by such snow fence as to theamount of damages sustained as a result of said fence being

placed and removed, the owner may petition the court of theproper county for the appointment of viewers to ascertain theamount of damages incurred in such case. The appointment ofviewers and the procedure thereafter shall be governed and bein accordance with this act, as provided for eminent domainproceedings. Such damages, if any, when ascertained, shall bepaid by the county responsible for the maintenance of the road,and any funds available to the county for the construction andmaintenance of roads under their supervision shall be availablefor the payment of such damages.

Section 2956. Elimination of Dangerous Curves and Wideningof Narrow Roads.--The county may acquire, by purchase or by theright of eminent domain, such property and lands situate alongor adjacent to any county road as, in the opinion of thecommissioners of such county, may be necessary to eliminatedangerous curves and widen narrow roads, for the betterprotection and safety to the traveling public.

Upon any such purchase or condemnation, the countycommissioners having had such property and lands condemned may,from time to time, cause to be abated or removed any suchdangerous curve or curves or widen such narrow road to theextent of the property and land so acquired.

Proceedings for the condemnation of such property and landsshall be as provided in Article XXVI of this act.

Article XXXRecreation Places

(a) General

Section 3001. Acquisition of Land and Buildings forRecreation Places.--(a) The county commissioners may designateand set apart for use as parks, parkways, bridle paths, horseshow rings, foot paths, playgrounds, playfields, gymnasiums,public baths, swimming pools or indoor recreation centers, andas agricultural fairgrounds, any lands or buildings owned bysuch county and not dedicated or devoted to other public use.

(b) The county commissioners may also acquire lands orbuildings for such purposes by gift, purchase or may lease landsor 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 indoorrecreation centers may be vested in any existing body or board,or in a park board, or recreation board, or fair board, as thecounty commissioners may determine. The county commissionersof the county may equip, operate and maintain the fairgrounds,parks, parkways, bridle paths, horse show rings, foot paths,playgrounds, playfields, gymnasiums, swimming pools, publicbaths or indoor recreation centers as authorized by this act,and may, for the purpose of carrying out the provisions of thisact, employ play leaders, recreation directors, supervisors,superintendents or any other officers or employes, as they deemproper.

(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 tosupervise fairgrounds, parks, parkways, bridle paths, horseshow 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 boardor recreation board, which shall possess all the powers and besubject to all the responsibilities of the respective countycommissioners. Any of such boards when established, shallconsist of a minimum of five persons and a maximum of ninepersons.

(b) The members of such boards shall be appointed by thecommissioners of such county and shall be appointed for a termto extend no longer than five years and the terms of the membersshall be staggered in such a manner that at least one expiresannually. Members of such board shall serve without pay.Vacancies in such board occurring otherwise than by expirationof term shall be for the unexpired term and shall be filled inthe 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 providedthat section 3003 is repealed insofar as it isinconsistent with 1 Pa.C.S. § 2301(b) (relating toequality of rights based on sex)..

Section 3004. Officers of Board.--The members of a fairboard, park board or recreation board, established pursuant tothis act, shall elect their own chairman and secretary andselect all other necessary officers, to serve for a period ofone year, and may, with the consent and approval of the countycommissioners, employ such persons as may be needed, asauthorized by this act. Such board shall have power to adoptrules and regulations for the conduct of all business withintheir jurisdiction.

Section 3005. Joint Action.--The county authorized by thisact to acquire property for and operate and maintain anyfairgrounds, parks, parkways, bridle paths, horse show rings,foot paths, playgrounds, playfields, gymnasiums, public baths,swimming pools or indoor recreation centers may acquire propertyfor such purposes, and operate and maintain the same jointlywith any other county or any city, borough, township or schooldistrict.

(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 forfairgrounds, parks, parkways, bridle paths, horse show rings,foot paths, playgrounds, playfields, gymnasiums, public baths,swimming pools or indoor recreation centers, and for theequipment 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 theoperation of such fairgrounds, parks, parkways, bridle paths,horse show rings, foot paths, playgrounds, playfields,gymnasiums, swimming pools, public baths and indoor recreationcenters, established as herein provided, shall be payable fromthe treasury of such county. The county commissioners mayannually appropriate and cause to be raised by taxation suchtax, not to exceed two mills on the dollar of the assessedvaluation of taxable property in such county, for the purposeof maintaining and operating such fairgrounds, parks, parkways,bridle paths, horse show rings, foot paths, playgrounds,playfields, gymnasiums, public baths, swimming pools andrecreation centers. ((a) amended Dec. 7, 1982, P.L.778, No.224)

(b) The county commissioners or the fair board, if therebe one, may provide for and hold an annual fair or agricultural

exhibition on the fairgrounds acquired or maintained asaforesaid, and may accept aid or contributions from theCommonwealth under the act of Assembly for the payment ofpremiums at any such fair or exhibition.

(b) Parks

Section 3025. County May Provide Parks.--It shall be lawfulfor and the right and power is hereby conferred upon the countyto enter upon, take, use and appropriate, by the right ofeminent domain, and to acquire by purchase, lease, gift, deviseor otherwise, private property, for the purpose of establishing,making, enlarging, extending, operating and maintaining publicparks and multiuse recreational trails within the limits ofsuch 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 appropriateprivate property for the aforesaid purposes, by resolution ofthe county commissioners, if the compensation and damagesarising therefrom cannot be agreed upon by the owners thereofin such county, such compensation and damages shall beconsidered ascertained, determined, awarded and paid in themanner provided in this act for such proceedings.

Section 3027. Title Acquired in Eminent DomainProceedings.--In every case of the taking of property by eminentdomain hereunder, the county may acquire fee simple title oran 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 tomaintain the same in good order and repair, and to constructall proper bridges, buildings, roadways, lakes, golf courses,playgrounds, bridle paths, horse show rings and otherimprovements therein, and to make rules and regulations for theconduct of the patrons thereof, and to repress all disorderstherein, 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 andbuildings within the park limits which may be let withoutprejudice to the interest and purposes of the park, and tocollect the rents.

Section 3030. Use of Receipts.--All rents, license chargesand fees, all fines, proceeds of sales, except of landspurchased, and profits of whatsoever kind, to be collected,received, or however realized, shall be paid into the countytreasury as a fund to be exclusively appropriated by the countycommissioners for park purposes: Provided, That moneys orproperty given or bequeathed to the county commissioners uponspecified trusts shall be received and receipted for by thecounty treasurer and held and applied according to the trustsspecified.

Section 3031. Penalties.--Any person who shall violate anyof said rules and regulations which shall be ordained by thecounty commissioners for the government of said public parks,not inconsistent with this act or the laws and Constitutionsof this State and the United States, the power to ordain whichrules and regulations is hereby expressly given to saidcommissioners, shall be guilty of a summary offense, and, upon

conviction thereof, shall pay such fine as may be prescribedby the county commissioners, to be recovered before any aldermanor justice of the peace of said county, which fines shall bepaid into the county treasury.

(3031 amended Dec. 7, 1994, P.L.843, No.118)

Compiler's Note: Section 28 of Act 207 of 2004 providedthat any and all references in any other law to a"district justice" or "justice of the peace" shall bedeemed to be references to a magisterial district judge.

Section 3032. Damages; Forfeiture of Leases.--Any personviolating any of said rules and regulations shall be furtherliable to the full extent of any damage by him or her committed,in trespass or other action, and any tenant or licensed partywho shall violate the said rules and regulations or any of them,or consent to or permit the same to be violated on his or heror their premises, shall forfeit his or her or their lease orlicense and shall be liable to be forthwith removed by a voteof the county commissioners, and every lease and license shallcontain a clause making it cause of forfeiture for the lesseeor party licensed to violate or permit or suffer any violationof said rules and regulations or any of them.

Section 3033. Employes; Police.--For the purpose ofperforming all necessary duties relating to the establishing,making, enlarging, extending and maintaining public parks andfor enforcing the rules and regulations ordained by the countycommissioners for the conduct of the patrons thereof, the saidcounty commissioners are hereby authorized to employ or appointand equip proper persons to do all necessary and proper workconnected therewith, including police duty, the compensationof all persons so employed to be fixed by the salary board ofthe county.

Section 3034. Duty of Police.--It shall be the duty of thepolice appointed to duty in said public parks, without warrant,forthwith to arrest any offender against the rules andregulations ordained by the county commissioners that they maydetect in the commission of such offense, and to take the personso arrested forthwith before a magistrate, alderman or justiceof the peace having competent jurisdiction.

Compiler's Note: Section 28 of Act 207 of 2004 providedthat any and all references in any other law to a"district justice" or "justice of the peace" shall bedeemed to be references to a magisterial district judge.

Section 3035. Indebtedness; Taxation.--The countycommissioners may issue bonds for the purpose of acquiring landsor buildings for parks, playgrounds, playfields, gymnasiums,swimming pools, public baths or other outdoor or indoorrecreation centers, and for the enlargement, extension andequipment thereof, and may annually appropriate and cause tobe raised by taxation such taxes, not to exceed one mill on thedollar of the assessed valuation of taxable property in thecounty, for the purpose of establishing, making, enlarging,extending and maintaining same.

(c) Fair Grounds

Section 3050. County May Take Title to Fair Grounds.--Wherethe owner or owners of any real estate, with or withoutimprovements thereon, adapted to the use or purpose of publicagriculture fairs or exhibits are willing to convey said realestate to the county wherein located, to be held in trust for

citizens and inhabitants of the county, the county commissionersshall have the right to take title thereto and hold such realestate in trust for the benefit of the citizens and inhabitantsof the county.

Section 3051. Contributions Permitted.--The countycommissioners of the county shall have the power to receive andaccept contributions in building or materials for additionalimprovements on the real estate conveyed and held in trust, asprovided in section three thousand fifty.

Section 3052. Leases.--The county commissioners may leasesaid real estate to any incorporated agriculture associationwilling and financially able to manage said premises, oncondition that said premises will be used annually foragriculture fairs and exhibitions each year without anyliability on the part of the county and with no expense to thecounty. Upon failure of any lessee to comply with the terms ofany lease, the county shall retake possession of the realestate.

Section 3053. Sale of Unused Grounds.--If, for a period offive years, no public use of said real estate as contemplatedby the grant to the county is made, the county commissionersshall have power to sell such real estate.

(3053 amended Nov. 30, 2004, P.L.1439, No.186)

ARTICLE XXX-ACOUNTY 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-Arepealed 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 repealedAug. 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 repealedAug. 11, 2009, P.L.147, No.33)

Section 3009-A. Construction.--(3009-A repealed Aug. 11,2009, P.L.147, No.33)

Article XXXIFire 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 providedthat nothing in Act 214 shall be construed to repealArticle XXXI.

Section 3101. Appointments; Qualifications; Salaries; Dutiesof Deputy Fire Marshals.--The county commissioners shall, onthe fourth Monday of March, in the year one thousand ninehundred forty-three, and every fourth year thereafter, appointa citizen of such county to serve as fire marshal and suchnumber of citizens of said county as the county commissioners

may deem necessary to serve as deputy fire marshals. In makingsuch appointments, the county commissioner representing theminority political party in the county shall name one of thedeputy fire marshals, and as vacancies occur the commissionerrepresenting the minority party shall name the successor to anydeputy fire marshal selected by a commissioner representing theminority party. The fire marshal and deputy fire marshals shallserve at the pleasure of the board of county commissioners. Thefire marshal shall report to and be subject to the supervisionof the superintendent of county police or his authorizeddesignee. The deputy fire marshals shall report to and besubject to the supervision of the fire marshal. No person shallbe appointed fire marshal unless he shall have had ten yearsactive service as a member of a fire department, and no personshall be appointed a deputy fire marshal unless he has had fiveyears experience as an active member of a fire department. Thesalary of the fire marshal and the deputy fire marshalsappointed under the authority of this act shall be fixed by thesalary board and shall be in lieu of all other salary orcompensation from any source whatsoever. The deputy firemarshals appointed as aforesaid shall have the same powers andshall perform the same duties as those prescribed for the firemarshal.

The salary herein authorized shall be provided for by thecounty commissioners and paid semi-monthly out of the countytreasury.

(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 firemarshals with suitable offices, and shall pay or cause to bepaid out of the treasury all the costs of maintenance thereof,including clerk and stenographic hire, and all necessarysupplies, 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 firemarshals shall take an oath of office and furnish bond as isnow 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 hisassistants shall attend, if practicable, all fires occurringin the county, and shall endeavor to save and protect from thefire all property in danger therefrom and to protect suchproperty from loss by pillage and theft and from injury anddestruction in any manner, and he shall have power to take anymeasures he may deem proper and expedient for that purpose, andhe shall also have power to call upon any constable, policemanor citizen of any city, ward, borough or township in the countyto aid and assist him in protecting and saving property, asaforesaid, and to aid and assist in carrying into execution anymeasures he may deem proper and expedient, as aforesaid, andhe shall investigate and, if possible, ascertain the origin andcause of every fire occurring in the county, the nature andvalue of the property injured or destroyed thereby, whethersaid property was insured or not, and if insured, the amountof such insurance, by whom effected, for whose benefit and bywhom the risk was taken, the names and places of residence ofthe owner or owners and of all parties interested in theproperty injured or destroyed and the nature and amount of suchinterest.

Section 3104.1. Rules and Regulations; Permits and Fees;Notice of Fires.--(a) The county commissioners shall adopt andenforce, except in cities of the second class, rules andregulations governing the having, using, storage, sale andkeeping of gasoline, naphtha, kerosene or other substances oflike character, as promulgated by the Pennsylvania State Policeunder the laws of the Commonwealth of Pennsylvania.

(b) The county commissioners may adopt and enforce rulesand regulations not in conflict with local ordinances for thefire marshal, except in cities of the second class, governingthe following:

(1) The requiring and placing of fire extinguishers,sprinkler systems and other fire preventive equipment inbuildings, except in private homes, installation shall be madewithin one year after notification.

(2) The requiring of reports of losses in an amount of onehundred dollars ($100) or more, as now provided by law andregulation to be made to the Pennsylvania State Police, to thefire marshal of said county, of fires and explosions by fireinsurance companies operating or writing insurance on propertylocated in said county. Such reports may be filed on behalf ofsuch companies by an actuarial bureau or statisticalorganization.

(c) The county commissioners may adopt and enforce rulesand regulations requiring permits for any matter or mattersgoverned by the rules and regulations adopted pursuant to theprovisions of this section and to collect reasonable feestherefor.

(d) Any person violating any of the rules and regulationsformulated and adopted by the board of county commissionerspursuant to this section shall, upon conviction thereof at asummary proceeding, be sentenced to pay such fine as may beprescribed in such rules and regulations by the countycommissioners, but not in excess of one hundred dollars ($100),to be paid to the use of the county, with costs of prosecutionor to be imprisoned in the county jail for not more than thirtydays.

(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 thefire marshal or deputy fire marshal, from the evidence presentedor obtained, that any building or other property in the countyhas been wilfully set on fire by any person or persons, thefire marshal or deputy fire marshal shall transfer the evidencepresented or obtained during the course of the investigationto the county police evidence room technician, along with arecommendation to the superintendent of county police forcriminal prosecution of the person or persons responsible forsetting 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 ProduceDocuments.--The fire marshal or deputy fire marshal, in orderto enable them to discharge the duties required in the foregoingsection, shall have power to administer oaths and affirmationsin the discharge of the duties of his office, and a wilfulviolation 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 theattendance of any person whom he may desire to examine inrelation to any fire by subpoena and attachment; and if anyperson shall refuse to be sworn or affirmed or to testify in

relation to any of the matters in regard to which it is theduty of the fire marshal to make investigation, or shall refuseto produce before the fire marshal any books, papers ordocuments in their possession which the said marshal may deemnecessary to enable him to ascertain the truth in anyinvestigation then being made by him, the said marshal shallhave the power, upon the approval of the superintendent ofcounty police and the authorized representative of the districtattorney's office, to commit such person to the county jailuntil such person shall be willing to and shall be sworn oraffirmed or testify or produce the books, papers and documents,as the case may be, and no longer: Provided, That no testimonytaken under oath or affirmation before the fire marshal, asaforesaid, shall be used in evidence against the party givingit in any civil or criminal proceedings whatsoever, except inprosecutions 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 toobey the orders or directions of the fire marshal when calledupon by him to aid or assist in saving or protecting anyproperty at any fire, or any person or persons who shallwilfully hinder or obstruct or attempt to hinder or obstructthe fire marshal in the performance of his duties, shall beguilty of a misdemeanor, and, upon conviction thereof in thecourt of common pleas of the county, shall be punished by afine not exceeding fifty dollars ($50) and imprisonment in thecounty 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 thegoverning body of any municipality located within the county,the fire marshal or a deputy fire marshal shall have the powerto examine the dwelling houses and any other buildings andstructures in the county for the purpose of ascertainingwhether, by reason of age or dilapidated condition oraccumulation of waste, rubbish, debris, explosive or inflammablesubstance, or existence of any other fire hazard, such buildingsor structures are especially liable to fire, and upon findingany of them defective or dangerous, said marshal shall directthe owner or occupants, either by printed or written notice,to alter, remove or amend the same, in such manner or withinsuch reasonable time as they may deem necessary, and in caseof neglect or refusal to do so, the party offending shallforfeit and pay, upon conviction thereof before any justice ofthe peace, alderman or police magistrate of the county, any sumnot exceeding twenty-five dollars ($25), for the use of thecounty, to be collected as fines and forfeitures are collectedby law.

(3108 amended May 16, 1996, P.L.210, No.39)

Compiler's Note: Section 28 of Act 207 of 2004 providedthat any and all references in any other law to a"district justice" or "justice of the peace" shall bedeemed 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 thefirst instance by the occupant, but shall be chargeable againstthe owner of such dwelling house or other building and shallbe deducted from the rent of the same, unless such expenses be

rendered necessary by the act or default of such occupant orunless there is a special agreement to the contrary between theparties, and said marshal or deputy marshal or either of themare hereby empowered at any and all times to enter into andexamine all buildings, structures or places where anycombustible or explosive matter may be lodged and give suchdirections, in writing, in the premises as may be deemednecessary relative to the removal thereof, and in case ofneglect or refusal on the part of the possessor of suchcombustible materials or any of them to remove or secure thesame within the time and manner directed, the party offendingshall forfeit and pay, in addition to any penalty hereinbeforeimposed, the sum of twenty-five dollars ($25), to be collectedas 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 recordshall show the results of his investigation in relation to eachfire and shall be open to the public for examination, and heshall also keep on file in his office all depositions and notesof testimony taken by him in the discharge of his duties, whichany person desirous of so doing shall be permitted to examineand take copies of upon payment by them to the said marshal ofa fee determined by the fire marshal for such examination, andhe shall also, on the fourth Monday of March in each year, makereport, in writing, to the county commissioners of hisactivities as fire marshal during the year preceding his report.

(3110 amended Oct. 5, 1990, P.L.519, No.125)

Article XXXI-AFire 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 secondclass A the county commissioners may appoint a fire marshal andassistant fire marshals deemed necessary to perform such dutiesrelating to the prevention and control of fire as the countycommissioners shall deem to be in the best interests of thecounty. Any fire marshal or assistant fire marshals so appointedshall not be assigned duties which will conflict with firemarshals or municipal fire marshals or powers relating to thecontrol of fires conferred by law upon the Pennsylvania StatePolice. Compensation for the fire marshal and assistant firemarshals 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 Commonwealthto finance programs of local tax relief.

(2) Supplemental sources of public and private revenue arerequired to preserve, improve and develop the region's civic,recreational, library, sports, cultural and other regionalassets.

(3) Local governments in southwestern Pennsylvania lack theresources to adequately maintain, improve and modernize the

region's civic, recreational, library, sports, cultural andother regional assets, the continued availability of which isvital to the economic growth and development of southwesternPennsylvania, to the ability of the region to compete globallyfor visitors, residents and investment in jobs and to thehealth, welfare, education and quality of life of the citizensof the region.

(4) New methods of areawide intergovernmental cooperation,including the transfer of regional assets to privatecitizen-controlled organizations receiving public support, areessential to preserve and improve the region's civic,recreational, library, sports, cultural and other regionalassets.

(5) In developing new methods of areawide intergovernmentalcooperation to preserve and improve regional assets, everyeffort should be made to utilize to the maximum extentpracticable the existing resources and capabilities ofmunicipalities and private organizations in the region and toavoid the creation of new and duplicative bureaucraciesresponsible for employing individuals, owning property andexecuting contracts.

(b) It is hereby declared to be the policy of thisCommonwealth to promote the health, welfare and quality of lifeof the citizens of southwestern Pennsylvania by ensuring thecontinued availability of the region's assets and thereby toenhance employment and tax relief in the region by authorizingthe creation of the Allegheny Regional Asset District as aspecial 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 havethe 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 chiefadministrative officer of the district and any employe withdiscretionary powers which may affect the outcome of thedistrict's decisions in relation to a private corporation orbusiness or any employe who by virtue of the employe's jobfunction could influence the outcome of such a decision.

"Fund," Allegheny Regional Asset District Sales and Use TaxFund.

"Immediate family," a parent, spouse, child, brother, sisteror like relative-in-law.

"Initial year in which disbursements are received," the firstcalendar year in which disbursements are received by qualifiedmunicipalities or the county under section 3157-B(b).

"Minority business enterprise," a small business concernwhich is:

(1) A sole proprietorship, owned and controlled by asocially and economically disadvantaged individual.

(2) A partnership or joint venture controlled by sociallyand economically disadvantaged individuals in which fifty-oneper centum (51%) of the beneficial ownership interest is heldby socially and economically disadvantaged individuals.

(3) A corporation or other entity controlled by sociallyand economically disadvantaged individuals in which at least

fifty-one per centum (51%) of the voting interest and fifty-oneper centum (51%) of the beneficial ownership interest are heldby socially and economically disadvantaged individuals.

"Party officer," the following members or officers of anypolitical 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 executivecommittee of a State committee.

(3) A county chairman, vice chairman, counsel, secretaryor treasurer of a county committee.

(4) A city chairman, vice chairman, counsel, secretary ortreasurer of a city committee.

"Person," a business, individual, corporation, union,association, firm, partnership, committee, club or otherorganization or group of persons.

"Public employe," any individual employed by the Commonwealthor a political subdivision.

"Public officer," every person elected to any public officeof Commonwealth government or any political subdivision of theCommonwealth.

"Public official," any elected or appointed official in theexecutive, legislative or judicial branch of Commonwealthgovernment or any political subdivision of the Commonwealth.The term shall not include members of advisory boards who haveno authority to expend public funds other than reimbursementfor personal expenses or to otherwise exercise the power of theCommonwealth or any political subdivision of the Commonwealth.The term shall also not include any appointed official whoreceives no compensation other than reimbursement for actualexpenses.

"Regional asset," a civic, recreational, library, sports orcultural facility or project designated as such by the districtunder this article.

"Socially and economically disadvantaged individuals,"persons who are citizens of the United States and who are BlackAmericans, Hispanic Americans, Native Americans, Asian-PacificAmericans and other minorities or persons found to bedisadvantaged by the Small Business Administration pursuant tothe Small Business Act (Public Law 85-536, 15 U.S.C. § 631 etseq.).

"Women's business enterprise," a small business concern whichis at least fifty-one per centum (51%) owned and controlled bywomen or, in the case of any publicly owned business, at leastfifty-one per centum (51%) of the stock of which is owned byone or more women and whose management and daily businessoperations are controlled by one or more of the women who ownit.

(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 corporateand politic to be known as the Allegheny Regional Asset Districtis hereby authorized to be created by a county as a specialpurpose areawide unit of local government pursuant to section7 of Article IX of the Constitution of Pennsylvania, exercisingpowers as a unit of local government under this article. Theexercise by the district of the powers conferred by this actis hereby declared to be, and shall for all purposes be deemedand held to be, the performance of an essential public function.

(b) The district shall be deemed to be created upon theadoption of an ordinance imposing the additional sales and usetax as authorized by subarticle (e).

(c) Once established, the district shall continue inexistence perpetually regardless of any actions by the city orthe county, except that the district may be terminated pursuantto an intergovernmental cooperation agreement between the cityand the county which transfers without impairment all of theadministrative, managerial or financial functions exercisedwith respect to regional assets by the district to the city orthe county.

(d) Members of the board shall not be liable personally onthe bonds or other obligations of the district, and the rightsof creditors shall be solely against the district. The district,itself or by contract, shall defend board members, and thedistrict shall indemnify and hold harmless board members,whether currently employed by the district or not, against andfrom any and all personal liability, actions, causes of actionand any and all claims made against them for whatever actionsthey 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 theracial and ethnic diversity of the county and composed of thefollowing members:

(1) Four members appointed by the governing body of thecounty who shall serve at the pleasure of the governing bodyof the county and who shall be selected in the following manner:

(i) Two members who shall be selected from nominations madeby the chairman of the board of county commissioners.

(ii) Two members who shall be selected from lists ofnominees submitted by the members of the board of countycommissioners other than the chairman. A separate listcontaining at least three nominees shall be submitted by eachof the members of the board of county commissioners other thanthe chairman. One member of the board of the district shall beselected from each list of nominees.

(2) Two members appointed by the mayor of the city who shallserve at the pleasure of the mayor.

(3) One member appointed by the vote of at least five ofthe members appointed pursuant to paragraphs (1) and (2) froma list of nominees provided by regional economic and communitydevelopment organizations.

(4) One nonvoting member appointed by the Governor who shallserve at the pleasure of the Governor.

(b) The term of office of members of the board appointedunder subsection (a)(1) and (2) shall be coincident with theterm of office of the appointing authority of the members anduntil their successors are appointed and qualified. The termof office of members of the board appointed under subsection(a)(3) shall be for a term of two years and until theirsuccessors are appointed and qualified. A person appointed tothe board when a vacancy occurs during the term of office of amember of the board shall serve for the remainder of the term.

(c) The governing body of the county shall select one ofthe members of the board appointed under subsection (a)(1) asthe interim chairman of the district and shall, within ten (10)days of the effective date of the creation of the district, seta date, time and place for the initial organizational meetingof the board. The members shall elect from among themselves achairman, vice chairman, secretary, treasurer and such otherofficers as they may determine. A member may hold more than one

office of the board at any time. Members may serve successiveterms as officers of the board.

(d) The board shall meet as frequently as it deemsappropriate but at least once during each quarter of the fiscalyear. In addition, a meeting of the board shall be called bythe chairman if a request for a meeting is submitted to thechairman by at least two members of the board. A majority ofthe members appointed to the board shall constitute a quorumfor the purpose of conducting the business of the board and forall other purposes, except that, for the purposes of makingdecisions regarding personnel matters, contracts and capitaland operating budgets and deciding whether to enter intocooperation and support agreements with regional assets notincluded within the district's initial financial plan, anaffirmative vote of at least six members of the board shall berequired. The act of July 3, 1986 (P.L.388, No.84), known asthe "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 personsproviding for cooperation, shall accomplish the followingpurposes:

(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 underthis article.

(b) The district is granted all powers necessary orconvenient for the carrying out of its purposes, including thefollowing:

(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 ofregional assets or parts of regional assets.

(5) To conduct financial and performance reviews and auditsof regional assets.

(6) To conduct long-term planning necessary for theefficient and effective operation and development of regionalassets.

(7) To make bylaws for the regulation of its affairs andto promulgate rules, regulations and policies in connectionwith the performance of its functions and duties.

(8) (i) To borrow money for the purpose of paying the costsof any project and to evidence the same.

(ii) To make and issue negotiable bonds of the district andsecure the payment of the bonds or any part of the bonds bypledge 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 holdersof the bonds or with other obligees of the district inconnection with any bonds, whether issued or to be issued, asthe district shall deem advisable, which agreements shallconstitute contracts with the holders or purchasers.

(iv) To obtain such credit enhancement or liquidityfacilities in connection with any bonds as the district shalldetermine to be advantageous.

(v) To, in general, provide for the security for the bondsand for the rights of the holders of the bonds.

(9) To make, enter into and award contracts of every nameand nature and to execute all instruments necessary orconvenient for the carrying out of its business.

(10) To borrow money and accept grants and to enter intocontracts, leases, subleases, licenses or other transactionswith any Federal agency, State public body, politicalsubdivision, person, association, partnership or corporation.

(11) To pledge, hypothecate or otherwise encumber any ofits 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 ofregional assets or parts of regional assets.

(12) To procure such insurance containing such coverage,including, without limitation, insurance covering the timelypayment in full of principal and interest on bonds of thedistrict, in such amounts from such insurers as the districtmay 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 theirqualifications, duties and compensation and retain or employother agents or consultants. The board shall develop, implementand evaluate plans and process to assure that all persons areaccorded equality of opportunity in employment and contractingby the board.

(17) To enroll its employes in a retirement system,including an existing retirement system of the county, city orother governmental entity.

(18) To appoint and fix the compensation of chief counseland assistant counsel, who shall not be required to be employesof the district, to provide it with legal assistance.Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relatingto legal assistance), the authority through its counsel shalldefend actions brought against the authority and its officersand employes when acting within the scope of their officialduties.

(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 thedistrict and to carry out the powers granted to it by this actor any other acts.

(c) Limitations and conditions regardingoperations.--Notwithstanding any purpose of the district or ageneral or specific power granted by this act or any other act,whether express or implied, the following limitations andconditions shall apply to the operations of the district:

(1) The district shall have no power to pledge the creditor taxing powers of the Commonwealth or any other governmentagency except the credit of the district nor shall any of thebonds of the district be deemed a debt or liability of the

Commonwealth or of any other government agency, except asotherwise agreed by the Commonwealth or a government agency.

(2) Neither the Commonwealth nor any government agencyexcept the district shall be liable for payment of theprincipal, interest or premium on any of the district's bonds,except as otherwise agreed by the Commonwealth or a governmentagency.

(3) Notwithstanding any provision of this act or any otheract to the contrary or of any implication that may be drawnfrom this act or any other act, the Commonwealth and all othergovernment agencies, except the district, shall have no legalor moral obligation for the payment of any expenses orobligations of the district, including, but not limited to,bond principal and interest, the funding or refunding of anyreserve and any administrative or operating expenses whatsoever,except as otherwise agreed to by the Commonwealth or anothergovernment agency.

(4) Bonds of the district shall contain a prominentstatement of the limitations set forth in this subsection andshall further recite that obligees of the district shall haveno recourse, either legal or moral, to the Commonwealth or toany other government agency for payment of the bonds, exceptas otherwise agreed to by the Commonwealth or another governmentagency.

(5) The district shall not assume the responsibility ofemploying personnel directly engaged in the operation ofregional assets but may enter into contracts with the city,county and other public and private organizations for theoperation and financing of regional assets.

(d) The governing body of the district shall appoint atwenty-seven member advisory board composed of individualrepresentatives of the broad range of community interestsaffected by the implementation of this article. The advisoryboard shall serve to advise the governing body of the districtin the administration of this article. Each member of theadvisory board shall be appointed for a term of four years,except that thirteen of the initial members shall serve forthree 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 onDecember 31 of each year, except as otherwise provided by theboard.

(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 thenegotiation of cooperation and support agreements with theowners and operators of regional assets under subarticle (c).The agreements shall include the following provisions:

(1) Agreements regarding the governance and operation ofregional assets.

(2) Commitments regarding the level of financial supportfor the regional assets that will be provided by the district,the city, the county, other municipalities and other public andprivate organizations.

(3) Long-term plans for the financing, development andoperation of regional assets.

(4) Performance and financial goals, objectives andstandards for the operation of regional assets.

(5) Assurances that adequate measures will be undertakento maintain and improve regional assets.

(6) Assurances that the operating and capital budgeting forregional assets will occur in a financially responsible manner.

(7) Provisions for public involvement in the activities ofregional assets and for participation by the district, thecounty, the city and other municipalities, as appropriate, indecisions regarding the operations and development of regionalassets.

(8) Access by the district to financial informationregarding the overall activities of the regional assets.

(b) Prior to the start of the initial operational fiscalyear for the district, the board shall adopt an operating andcapital budget based upon cooperation and support agreementsexecuted with the owners and operators of regional assets. Thebudget shall estimate the total revenues required for theoperating and capital expenses of the district and the amountof any revenues to be received by the district under subarticle(e).

(c) The cooperation and support agreement executed with theowner and operator of each regional asset shall set forth aminimum level of financial support for the regional asset thatwill be provided by the district in each of the first ten fiscalperiods of the district, unless the regional asset ceasesoperations at the option of its owner and operator. The minimumlevel of financial support for a regional asset shall be notless than the financial support for the regional asset providedby the county and the city during calendar year 1992. In theevent that the minimum funding levels cannot be satisfiedbecause of the lack of adequate resources, the minimum levelsof funding for all regional assets shall be reduced by an equalfraction so as to ensure that total obligations do not exceedtotal revenues available to the district. Additional commitmentsof funds from sources other than the district on a pro ratabasis may be required by the district for any financial supportprovided to regional assets above the minimum funding levels.Financial support shall include indirect costs when supportedby an indirect cost study completed by an independent accountingfirm. Indirect costs may include charges for such services aspayroll, accounting, legal services, printing, vehicle repairand other reasonable and necessary overhead functions.

(d) The board shall conduct public hearings and meetingsregarding proposed cooperation and support agreements and anyamendments to cooperation and support agreements.

(e) As used in this section, the term "financial support"means the direct commitment of moneys for the support ofregional assets, including payments for debt service, and thecosts of compensation and benefits for employes predominantlyengaged in providing direct services for the operation of aspecific 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 thedistrict, the board shall cause to be prepared and submittedto it a recommended capital budget. The capital budget shallshow in detail the capital expenditures to be made or incurredin the next fiscal year which are to be financed from fundssubject to control or appropriation by the board. No later thanthe date of the adoption of the annual operating budget, theboard shall, by a majority vote of its members, adopt a capitalbudget. A capital development agreement shall be executed witheach regional asset for each capital project of the assetfinanced or supported by the district.

(b) At least one per centum (1%) of the funds made availableto the district by taxes levied within the county shall be madeavailable for capital projects undertaken within regional parkslocated within the boundaries of the city, and at least one percentum (1%) of the funds made available to the district shallbe made available for capital projects undertaken withinregional parks located within the county but outside of thecity.

(c) The board shall conduct public hearings and meetingsregarding capital budget requests of regional assets and theproposed 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 thedistrict, the board shall cause to be prepared and submittedto it a recommended operating budget. The operating budget shallset forth the estimated receipts and revenues of the districtduring the next fiscal year. The board shall, at least thirty(30) days before the end of the fiscal year, adopt, by amajority vote of its members, an operating budget for the nextfiscal year. An annual funding agreement shall be executed witheach regional asset allocated funds pursuant to the operatingbudget.

(b) The board shall conduct public hearings and meetingsregarding the operating budget requests of regional assets andthe 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 districtemploye shall not, concurrent with the member's or employe'sposition with the district, be a party officer, public officer,public official, public employe or a member of the immediatefamily 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 acomprehensive annual report of its activities and operationsfor the previous year, make the report available to the city,the county, other municipalities within the county, regionalassets and other interested groups and organizations and conductpublic meetings and hearings to receive public comments andrecommendations regarding the activities and operations of theboard.

(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 actionstaken by the board to develop and expand minority businessenterprises and women's business enterprises, by an independentcertified 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 districtmay assume the financial functions of the city and county withrespect to the support of regional civic facilities, regionalparks, regional libraries, professional sports facilities,regional cultural facilities and other organizations andproperties vital to the quality of life of the region.

(b) The district shall not provide financial support forthe following:

(1) Any health care facility or institution whichpredominantly provides elementary, secondary or higher educationor 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 thecounty.

(3) Any asset which fails to serve a significant number ofpersons who are not residents of the city, borough or townshipwithin which the asset is located.

(4) Any library which is not a regional library resourcecenter, a district library center or which is not part of alibrary 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 agreementsgoverning civic facilities, parks, libraries and sportsfacilities supported by the district. The agreements shall beexecuted by the district, the city and the county to the extentthe municipalities have contributed to the support of theregional assets or where regional assets are located withintheir boundaries and by any other person who owns, operates ormanages a regional asset. The agreements shall set forth themanner in which the district will assume the financial functionsof the city and county with respect to the support of theregional assets. Each cooperation and support agreement shallprovide for comprehensive periodic financial reviews and auditsof the regional asset and may provide for a performance reviewand 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 issuesof bonds, sell bonds, use net proceeds of bond sales, refundbonds, adopt pledges, mortgages, covenants, indentures andtrusts, exercise remedies and confer additional remedies uponpersons holding bonds in the same manner as provided by sections7 through 10 of the act of June 27, 1986 (P.L.267, No.70), knownas 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 thedistrict created under this article and its officers, officialsand employes shall enjoy governmental immunity except asprovided by and subject to the provisions of 42 Pa.C.S. Ch. 85Subchs. A (relating to general provisions) and C (relating toactions 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 thetreasurer of the district and invested in the same manner asis provided for in section 13(a) through (d) of the act of June27, 1986 (P.L.267, No.70), known as the "Pennsylvania ConventionCenter 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 currentrevenues to the district and to assist in defraying the costsof managing, operating, maintaining, financing and servicingthe debt of regional assets or parts of regional assets, toenter into long-term agreements providing for payment of the

costs and to enter into long-term leases or subleases as lesseeor sublessee of all or part of a regional asset.

(2) Obligations of the city and county to make grants orlease or sublease payments to the district shall not, even ifbased on debt obligations of the district, constitute debts ofthe city and county within the meaning of any constitutionalor statutory provision and shall be payable only to the extentthat current revenues of the city and county are available.

(3) The city and county may issue general obligation bondsfor the purpose of obtaining funds for the acquisition orimprovement of regional assets or parts of regional assets.

(b) The Commonwealth may contribute to the capital costsof constructing regional assets by the issuance of Commonwealthbonds and notes under Article XVI-B of the act of April 9, 1929(P.L.343, No.176), known as "The Fiscal Code." A projectundertaken by the district is hereby deemed to be aredevelopment assistance project under which capital funds ofthe Commonwealth may be expended under the provisions of theact of May 20, 1949 (P.L.1633, No.493), known as the "Housingand Redevelopment Assistance Law," and, notwithstanding anyprovisions of the Housing and Redevelopment Assistance Law, theDepartment of Community Affairs is hereby authorized to makecapital grants directly to the district in furtherance of thisarticle.

(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 of1996 and its functions were transferred to the Departmentof Community and Economic Development.

Section 3144-B. Pledge of Revenues by District andCommonwealth.--In addition to the remedies of obligees of thedistrict provided by sections 3140-B and 3141-B, the districtis expressly authorized to pledge all or any part of the netrevenues of additional sales and use tax revenues in connectionwith the issuance of bonds or the incurring of obligations underleases in order to secure the payment of the bonds andobligations. The Commonwealth, with the signature of theGovernor and the State Treasurer, may also pledge the revenuesin support of or in connection with the issuance of bonds orthe incurring of obligations under leases by the district inorder to further secure the payment of the bonds andobligations.

(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 andphrases as used in this subarticle shall be construed to havethe 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 inaddition to any tax imposed by the Commonwealth under ArticleII of the act of March 4, 1971 (P.L.6, No.2), known as the "TaxReform Code of 1971." Except for the differing situs provisionsunder section 904, the provisions of Article II of the TaxReform 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 thecounty may levy and assess upon each separate sale at retailof tangible personal property or services, as defined in ArticleII of the act of March 4, 1971 (P.L.6, No.2), known as the "TaxReform Code of 1971," within the boundaries of the county, atax on the purchase price. The tax shall be collected by thevendor from the purchaser and shall be paid over to theCommonwealth as provided in this subarticle.

(b) In any county within which the tax authorized insubsection (a) is imposed, there shall be levied, assessed andcollected upon the use, within the county, of tangible personalproperty purchased at retail and on services purchased at retailas defined in Article II of the "Tax Reform Code of 1971," atax on the purchase price. The tax shall be paid over to theCommonwealth by the person who makes the use. The use taximposed under this subarticle shall not be paid over to theCommonwealth by any person who has paid the tax imposed bysubsection (a) or has paid the tax imposed by this subsectionto the vendor with respect to the use.

(c) In any county within which a tax authorized bysubsection (a) is imposed, there shall be levied, assessed andcollected an excise tax on the rent upon every occupancy of aroom or rooms in a hotel in the county. The tax shall becollected by the operator or owner from the occupant and paidover 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) shallbe uniform.

(e) The tax imposed under subsection (a) shall be computedin the manner set forth in section 503(e) of the act of June5, 1991 (P.L.9, No.6), known as the "PennsylvaniaIntergovernmental Cooperation Authority Act for Cities of theFirst 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, motorcraftand utility services shall be determined in the manner specifiedby section 504 of the act of June 5, 1991 (P.L.9, No.6), knownas the "Pennsylvania Intergovernmental Cooperation AuthorityAct 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 inconsistentwith 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 ofthe tax imposed by this subarticle shall be issued in the samemanner as is provided for in section 505 of the act of June 5,1991 (P.L.9, No.6), known as the "Pennsylvania IntergovernmentalCooperation 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 thetaxes imposed under section 3152-B in the same manner as isprovided for in section 506(1) and (2) of the act of June 5,1991 (P.L.9, No.6), known as the "Pennsylvania IntergovernmentalCooperation 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 collectionand shall inform the district in writing monthly of the sumretained 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 thenext succeeding fiscal year and provide the estimate, with allsupporting detail, to the district. When the annual operatingbudget for the department is submitted to the General Assembly,the department shall also submit to the chairman and minoritychairman of the Appropriations Committee of the Senate and tothe chairman and minority chairman of the AppropriationsCommittee of the House of Representatives the actual sumsretained 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 taxauthorized by section 3152-B, shall adopt an ordinance whichshall refer to this subarticle. Prior to adopting an ordinanceimposing the tax authorized by section 3152-B, the governingbody of the county shall give public notice of its intent toadopt the ordinance in the manner provided by section 4 of theact of December 31, 1965 (P.L.1257, No.511), known as "The LocalTax Enabling Act," and shall conduct at least one public hearingregarding the proposed adoption of the ordinance.Notwithstanding any provision of law to the contrary, the taxmay be adopted either prior to or during the fiscal year of thecounty or prior to or after the adoption of the annual budgetfor the county. If the tax takes effect after January 1 of anyyear, any disbursements received by the district, qualifiedmunicipalities or the county under section 3157-B(b) during thefirst calendar year in which the tax is in effect shall bedeposited into budgetary reserve accounts for the district, anyqualified municipalities or the county. Amounts deposited intobudgetary reserve accounts may be budgeted for use in the nextfull fiscal year period by the district, any qualifiedmunicipalities or the county in the manner provided by thisarticle or may be retained in budgetary reserve accounts,without lapsing, for use during unanticipated fiscal emergenciesas provided by ordinances adopted by the district, any qualifiedmunicipalities or the county. Funds retained in budgetaryreserve accounts for unanticipated fiscal emergencies shall notbe subject to the requirements of this article regarding theutilization of disbursements.

(b) A certified copy of the ordinance imposing the tax shallbe delivered to the department no later than ninety (90) daysprior to the effective date of the ordinance.

(c) A certified copy of a repeal ordinance shall bedelivered to the department at least thirty (30) days prior tothe 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 Salesand Use Tax Fund. The State Treasurer shall be custodian of thefund which shall be subject to the provisions of law applicableto funds listed in section 302 of the act of April 9, 1929(P.L.343, No.176), known as "The Fiscal Code." Taxes imposedunder section 3152-B shall be received by the department andpaid to the State Treasurer and, along with interest andpenalties less any collection costs allowed under thissubarticle and any refunds and credits paid, shall be creditedto the fund not less frequently than every two weeks. Duringany period prior to the credit of moneys to the fund, interestearned on moneys received by the department and paid to theState Treasurer under this subarticle shall be deposited into

the fund. All moneys in the fund, including, but not limitedto, moneys credited to the fund under this section, prior yearencumbrances and the interest earned thereon, shall not lapseor be transferred to any other fund, but shall remain in thefund and must be used exclusively as provided in this section.Pending their disbursement, moneys received on behalf of ordeposited into the fund shall be invested or reinvested as areother moneys in the custody of the State Treasurer in the mannerprovided by law. All earnings received from the investment orreinvestment of the moneys shall be credited to the fund.

(b) On or before the tenth day of every month, the StateTreasurer shall make the following disbursements on behalf ofthe county imposing the tax out of the moneys which are, as ofthe last day of the previous month, contained in the fund:

(1) One-half of the moneys to the district for use by itin the manner provided by this article, provided that thedistrict shall not utilize more than one per centum (1%) of themoneys received by the district for the purpose ofadministrative expenses.

(2) One-fourth of the moneys to qualified municipalitiesfor use by the municipalities in the manner provided by thisarticle.

(3) One-fourth of the moneys to the county for use by thecounty 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) TheState Treasurer shall distribute disbursements to qualifiedmunicipalities in the manner provided in this section. Eachqualified municipality shall receive a portion of the totaldisbursement to qualified municipalities which is equal to thetotal disbursement to qualified municipalities multiplied bythe ratio of weighted tax revenues of the municipality dividedby the sum of the weighted tax revenues of all qualifiedmunicipalities located in the county.

(b) Municipalities qualified to receive disbursements underthis section are municipalities located within the county, otherthan the county, which:

(1) (i) impose an earned income tax at a rate equal to orgreater than one-fourth of one per centum (.25%) under the actof December 31, 1965 (P.L.1257, No.511), known as "The LocalTax Enabling Act," and a real property tax; or

(ii) impose a real property tax as expressed in total millsreported to the Department of Community Affairs equal to orgreater than seventy-five per centum (75%) of the allowablegeneral purpose millage rate under the applicable municipalcode or, if the municipality has adopted a home rule charteror 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 toadoption of the home rule charter or optional plan; and

(2) not later than sixty (60) days after the governing bodyof the county gives public notice of its intention to adopt anordinance under section 3156-B(a), adopt a municipal resolutionurging the county to create the district and adopt the tax.

(c) Municipalities which are not qualified municipalitiesbecause of the failure to adopt a timely resolution may, notsooner than thirty-six (36) months following adoption of anordinance imposing the tax, become qualified municipalities by

adopting resolutions indicating that the municipalities supportimposition of the tax authorized by subarticle (e), urge itscontinuation and intend to accept disbursements as provided bythis section.

(d) For the purpose of this section, weighted tax revenuesare total tax revenues from all sources of a municipalitydivided by the ratio of its per capita market value to the percapita market value of its county. The per capita market valuemeans the total market value of all real property divided bypopulation as determined by the most recent decennial census.Calculations of weighted tax revenues shall be made by theDepartment of Community Affairs and certified to the StateTreasurer based upon information reported to the Department ofCommunity Affairs by municipalities within its boundaries,subject to review, verification and approval by the Departmentof 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 of1996 and its functions were transferred to the Departmentof 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) inthe first full calendar year in which the disbursements arereceived for the reduction of local taxes.

(2) Effective January 1 of the first full calendar year inwhich disbursements are received pursuant to section 3157-B(b),the county and the city shall repeal any tax imposed uponpersonal property.

(3) Effective January 1 of the first full calendar year inwhich disbursements are received pursuant to section 3157-B(b),the city shall reduce to an amount not to exceed five per centum(5%) the tax on admissions to places of amusement, athleticevents and the like and on motion picture theaters.

(3.1) Notwithstanding the provisions of any other act, thecity shall use two-thirds of the nonresident sports facilityusage fee collected pursuant to the act of December 31, 1965(P.L.1257, No.511), known as "The Local Tax Enabling Act," toreduce the amount of tax on admissions to places of amusementthat are involved with performing arts for which the netproceeds therefrom inure to the benefit of an institution ofpurely public charity. In reducing the rate of the tax pursuantto this provision, the city shall not establish a rate thatexceeds two and one-half per centum (2.5%). If the city cannotimpose and collect a nonresident sports facility usage feepursuant to "The Local Tax Enabling Act," the city shall notestablish a rate that exceeds five per centum (5%).

(4) The county and the city shall utilize all or a portionof revenues remaining from disbursements received pursuant tosection 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 PropertyTax Relief Act";

(ii) a program for property tax rebate or rent rebate inlieu of property taxes modeled by the county or city after theact of March 11, 1971 (P.L.104, No.3), known as the "SeniorCitizens Rebate and Assistance Act," for longtimeowner-occupants of personal residences. Property eligible fortax relief under this clause shall be limited to a primary

personal residence owned by a single person age 62 or older orby married persons if either spouse is 62 years of age or older.Tax relief provided pursuant to this clause shall be limitedto persons whose income as defined under the act of March 11,1971 (P.L.104, No.3), known as the "Senior Citizens Rebate andAssistance Act," does not exceed twenty-five thousand dollars($25,000); or

(iii) a program for property tax rebate or rent rebate inlieu of property taxes modeled by the county or city after the"Senior Citizens Rebate and Assistance Act" for longtimeowner-occupants of personal residences. Property eligible fortax relief under this clause shall be limited to a primarypersonal residence owned by a single person age 60 or older orby married persons if either spouse is 60 years of age or older.Tax relief provided pursuant to this clause shall be limitedto persons whose income as defined under the "Senior CitizensRebate and Assistance Act" does not exceed thirty thousanddollars ($30,000).

For purposes of this clause, "longtime owner-occupant" shallmean any person who for at least ten continuous years has ownedand has occupied a dwelling place within the county as aprincipal residence and domicile, or any person who for at leastfive years has owned and occupied a dwelling within the countyas a principal residence and domicile if that person receivedassistance in the acquisition of the property as part of agovernment or nonprofit housing program.

(5) The county may establish installment payment programsfor payment of the property taxes by taxpayers who participatein county programs for real property tax relief as provided bysubsection (a)(4).

(b) (1) Municipalities other than the county and the cityshall utilize at least two-thirds of the disbursements receivedunder section 3157-B(b) for the reduction of local taxes.

(2) Municipalities other than the county and the city shallutilize all or a portion of disbursements received for thepurpose of reducing local taxes for the implementation ofprograms for real property tax relief. Such programs may consistof a program as provided by subsection (a)(4), a program forproperty tax rebate or rent rebate in lieu of property taxesmodeled after the "Senior Citizens Rebate and Assistance Act,"a reduction in the millage rate across all properties or acombination of the foregoing.

(3) Municipalities in counties of the second class, otherthan the county and the city, which do not impose a tax uponpersonal property on the effective date of this amendatory actare prohibited from imposing such a tax thereafter.

(c) No municipality or city may use disbursements receivedfor the purpose of securing the bonds of a municipal authorityor may allow disbursements received to be controlled ordistributed by an entity other than the governing body of themunicipality.

(3171-B amended Nov. 30, 2004, P.L.1439, No.186)

Compiler's Note: Section 44 of Act 186 of 2004, which addedsection 3171-B(a)(3.1), provided that subsec. (a)(3.1)shall apply to taxes levied for tax years commencing onor after January 1, 2006, upon the enactment of anonresident sports facility usage fee under the act ofDecember 21, 1965 (P.L.1257, No.511), known as The LocalTax enabling Act.

Section 3172-B. Contributions to Councils ofGovernment.--Beginning in the second full calendar year in which

disbursements are received from the State Treasurer undersection 3157-B and in each year thereafter, municipalities otherthan the county and the city shall contribute an amount equalto at least twenty-five per centum (25%) of the increase in theamount of such disbursements received in excess of the priorcalendar year to entities or organizations created pursuant tothe act of July 12, 1972 (P.L.762, No.180), referred to as theIntergovernmental Cooperation Law, including councils ofgovernment. The contributions made pursuant to this sectionshall not be used to offset or reduce other contributions madeto councils of government or other intergovernmental entitiesor 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-CSecond 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 of1999, provided that Art. XXXI-C, with the exception of sections3107-C and 3111-C(c), (d) and (e), shall expire upon thepublication in the Pennsylvania Bulletin of notice of theswearing-in of the first official elected pursuant to a charteradopted under Article XXXI-C. The notice was published March11, 2000, at 30 Pa.B. 3181.

Section 3101-C. Legislative Findings andDeclarations.--(3101-C expired March 11, 2000. See Act 2 of1999.)

Section 3102-C. Definitions.--(3102-C expired March 11,2000. See Act 2 of 1999.)

Section 3103-C. Construction of Article.--(3103-C expiredMarch 11, 2000. See Act 2 of 1999.)

Section 3104-C. Charter Drafting Committee.--(3104-C expiredMarch 11, 2000. See Act 2 of 1999.)

Section 3105-C. Proposed Charter.--(3105-C expired March11, 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 shallbe subject to any limitations established by the Constitutionof the United States and the Constitution of Pennsylvania.

(b) The charter shall include the property tax rate limitsfor the county that are in effect at the effective date of thisarticle. These limits are for general county purposes undersection 1970 of this act, county institution districts undersection 307 of the act of June 24, 1937 (P.L.2017, No.396),known as the "County Institution District Law," and communitycolleges 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 limitationprovisions of section 3110-C as they apply to the county.

(d) The charter shall not affect the hotel room rental taxunder section 1970.2 or the sales and use tax under section3152-B.

(e) The charter shall maintain the integrity of municipalboundaries and shall prohibit the county from forcingannexation, merger or consolidation of municipalities.

(f) The charter shall prohibit the county from exercisingany power or function within a municipality that is being

exercised by that municipality if the municipality elects byordinance to be excluded from the county exercise of that poweror function.

(g) The charter shall be subject to 53 Pa.C.S. Ch. 29 Subch.E (relating to general powers and limitations of home rulecharter municipalities).

(h) With respect to the following subjects, the chartershall not give any power or authority to the county contraryto or in limitation or enlargement of powers granted by actsof the General Assembly which are applicable to counties of thesecond class:

(1) The filing and collection of municipal tax claims orliens and the sale of real or personal property in satisfactionthereof.

(2) The procedure in the exercise of the powers of eminentdomain and the assessment of damages and benefits for propertytaken, 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 "PennsylvaniaMunicipalities 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 Assemblywhich are applicable in every part of this Commonwealth.

(3) Be given the power to diminish the rights or privilegesof any former employe entitled to benefits or any presentemploye in that former or present employe's pension orretirement system.

(4) Enact or promulgate any ordinance or regulation withrespect to definitions, sanitation, safety, health, standardsof identity or labeling pertaining to the manufacture,processing, storage, distribution and sale of any foods, goodsor services subject to any Commonwealth laws or regulationsunless such ordinance or regulation is uniform in all respectswith such Commonwealth laws and regulations. Nothing containedin this article shall be construed to in any way affect thepower of any county to enact and enforce ordinances relatingto building codes or any other safety, sanitation or healthregulation pertaining thereto.

(5) Enact any provision inconsistent with any statuteheretofore enacted by the General Assembly affecting the rights,benefits or working conditions of any employe of a politicalsubdivision of the Commonwealth.

(j) Acts of the General Assembly in effect on the effectivedate of this article that are uniform and applicable in everypart of this Commonwealth shall remain in effect and shall notbe changed or modified by this article. Acts of the GeneralAssembly enacted after the effective date of this article that

are uniform and applicable in every part of this Commonwealthshall supersede any ordinance or resolution on the same subject.

(k) No county shall enact any ordinance or take any otheraction dealing with the regulation of the transfer, ownership,transportation or possession of firearms.

(l) No county which adopts a home rule charter mayretroactively increase any fee or charge for any service whichhas been provided.

(m) The county under the charter shall be subject to therestrictions 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, whichamended section 3107-C, provided that the amendment ofsection 3107-C shall be retroactive to January 1, 2000.

Compiler's Note: Section 2 of Act 2 of 1999, which amendedsection 3107-C, provided that Act 2 shall be construedin conjunction with the provisions of the act of June3, 1937 (P.L.1333, No.320), known as the PennsylvaniaElection Code, and shall be read in pari materia withthe 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 expiredMarch 11, 2000. See Act 2 of 1999.)

Section 3110-C. Assessment Limits on Counties of the SecondClass.--(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 submittedto the electors earlier than five years (5) after the date whichthe 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 validsignatures of registered and enrolled members of the properpolitical party required for a nomination petition for theoffice of district county council member in counties of thesecond class shall be two hundred fifty.

(2) Notwithstanding the provisions of section 913 of the"Pennsylvania Election Code," the filing fee required foracceptance of nomination petitions for the office of districtcounty council member in counties of the second class shall befifty dollars ($50).

(e) (1) Notwithstanding the provisions of section 912.1(16)of the "Pennsylvania Election Code," the minimum number of validsignatures of registered and enrolled members of the properpolitical party required for a nomination petition for theoffice of at-large county council member in counties of thesecond class shall be five hundred.

(2) Notwithstanding the provisions of section 913 of the"Pennsylvania Election Code," the filing fee required foracceptance of nomination petitions for the office of at-largecounty council member in counties of the second class shall beone 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 amendedsection 3113-C, provided that Act 2 shall be construedin conjunction with the provisions of the act of June3, 1937 (P.L.1333, No.320), known as the PennsylvaniaElection Code, and shall be read in pari materia withthe 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 XXXIIActions By and Against County

(Art. repealed Apr. 28, 1978, P.L.202, No.53)

Section 3201. Commissioners to Bring and DefendSuits.--(3201 repealed Apr. 28, 1978, P.L.202, No.53)

Section 3202. Form of Action to Recover Claims; Jurisdictionof Justices of the Peace.--Jurisdiction is conferred uponjustices of the peace to entertain such actions of assumpsitto the amount of three hundred dollars ($300).

(3202 repealed in part 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.--(3207repealed Apr. 28, 1978, P.L.202, No.53)

Article XXXIIIActs of Assembly Repealed

Section 3301. The following acts and parts of acts and allamendments thereof are hereby repealed to the extent hereinafterspecified:

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 countyand township officers," as to counties of the second class.

The act, approved the first day of April, one thousand eighthundred thirty-five (Pamphlet Laws 101), entitled "An actrelative to the bonds of County Treasurers in the AuditorGeneral's Office," as to counties of the second class.

Sections 3 and 10 of the act, approved the twenty-seventhday of May, one thousand eight hundred forty-one (Pamphlet Laws400), entitled "An act relating to the Election of CountyTreasurers and for other purposes," as to counties to the secondclass.

Sections 1, 3 and 7 of the act, approved the third day ofMay, one thousand eight hundred fifty (Pamphlet Laws 654),entitled "An act providing for the election of districtattorneys," as to counties of the second class.

Sections 17 and 18 of the act, approved the thirty-first dayof March, one thousand eight hundred sixty (Pamphlet Laws 382),entitled "An act to Consolidate, Revise and Amend the PenalLaws of this Commonwealth," as to counties of the second class.

The act, approved the twelfth day of March, one thousandeight hundred sixty-six (Pamphlet Laws 85), entitled "A furthersupplement to an act, entitled 'An Act to consolidate, reviseand amend the penal laws of this Commonwealth,' so far asrelates to the duties of district attorneys," as to countiesof the second class.

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 15 and 16 of theact, approved the thirty-first day of March, one thousand eighthundred seventy-six (Pamphlet Laws 13), entitled "An act tocarry into effect section five, of article fourteenth, of theconstitution, relative to the salaries of county officers andthe payment of fees received by them into the state or countytreasury, in counties containing over one hundred and fiftythousand inhabitants," as to counties of the second class.

The act, approved the eighth day of June, one thousand eighthundred eighty-one (Pamphlet Laws 81), entitled "An act toauthorize the courts of common pleas of this commonwealth, onsale of real estate by surety for the sheriff or coroner, onapplication by petition, to release the lien of recognizanceon said real estate," as to counties of the second class.

The act, approved the twenty-seventh day of June, onethousand eight hundred eighty-three (Pamphlet Laws 163),entitled "An act providing for the satisfaction and dischargesheriff's recognizance," as to counties of the second class.

The act, approved the nineteenth day of April, one thousandeight hundred eighty-nine (Pamphlet Laws 38), entitled "An actproviding for the appointment of librarians for law librariesconnected with the courts of this Commonwealth," as to countiesof the second class.

The act, approved the thirteenth day of May, one thousandeight hundred eighty-nine (Pamphlet Laws 200), entitled "An actregulating the payment of traveling expenses of directors ofthe poor and county commissioners within this Commonwealth,"as to counties of the second class.

The act, approved the twelfth day of June, one thousand eighthundred ninety-three (Pamphlet Laws 457), entitled "An act toprovide for the erection, maintenance and regulation of publicmorgues in the several counties of this Commonwealth, for thecare and disposal of bodies removed thereto, and providing forthe payment of certain expenses of the same by the proper countyor district or by the estate of the deceased person, andproviding for the disposal of the personal effects of unclaimeddead," as to counties of the second class.

The act, approved the eighteenth day of June, one thousandeight hundred ninety-five (Pamphlet Laws 209), entitled "An actregulating the printing and publication of notices andadvertisements authorized by the county commissioners of thecounties of this Commonwealth containing a population of fivehundred thousand and not exceeding one million, as shown by thelast United States census, providing how newspapers shall bedesignated in which such publications shall be made, andrepealing an act, entitled 'An act authorizing the countycommissioners of Allegheny county to select four morningnewspapers for official county advertising,' approved the secondday of April, Anno Domini one thousand eight hundred andseventy-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 dayof April, Anno Domini one thousand eight hundred andsixty-two'," as to counties of the second class.

The act, approved the fourteenth day of April, one thousandeight hundred ninety-seven (Pamphlet Laws 22), entitled "An actmaking it the duty of the various county officials to furnish,on demand therefor, information from their respective officesto the head of any department of the State government, andproviding a compensation therefor," as to counties of the secondclass.

The act, approved the fifteenth day of July, one thousandeight hundred ninety-seven (Pamphlet Laws 285), entitled "Anact authorizing the commissioners of the counties of theCommonwealth to transfer and cover into the general fund of theseveral counties, any money now placed to the credit of anycity, borough or township, upon any duplicate for taxes wherethe same has remained uncalled for during a period of ten years:Provided, The right to the same is not in litigation or a matterof dispute," as to counties of the second class.

The act, approved the eighteenth day of April, one thousandeight hundred ninety-nine (Pamphlet Laws 56), entitled "An actauthorizing the county commissioners of the several countiesin this Commonwealth to appoint a clerk, fix his compensation,and prescribe the term and duties of the clerk, except incounties where the clerk to the county commissioners is electedby the people," as to counties of the second class.

The act, approved the twenty-first day of May, one thousandnine hundred one (Pamphlet Laws 271), entitled "An act toprovide for the election of recorders of deeds and registersof wills in counties having a population of over one hundredand fifty thousand," as to counties of the second class.

The act, approved the fourteenth day of March, one thousandnine hundred five (Pamphlet Laws 37), entitled "An act to fixthe salaries of district attorneys, and providing for theappointment of assistant district attorneys, in the severalcounties of this Commonwealth having over eight hundred thousandinhabitants; prescribing the powers and duties, and fixing thesalaries of the said assistant district attorneys," as tocounties 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 healthauthorities, in this Commonwealth, in reference to thedisposition of bodies of persons whose cause of death may bethe subject of inquiry by the coroner," as reenacted and amendedby the act, approved the twelfth day of July, one thousand ninehundred thirty-five (Pamphlet Laws 710), insofar as it isinconsistent with the provisions of this act, in counties ofthe second class.

The act, approved the twenty-second day of April, onethousand nine hundred nine (Pamphlet Laws 104), entitled "Anact providing for the support and maintenance of law librariesin the counties of this Commonwealth," as to counties of thesecond class.

The act, approved the twenty-seventh day of April, onethousand nine hundred nine (Pamphlet Laws 242), entitled "Anact providing for the payment to the treasurer of any CountySoldiers' Memorial Association, within the Commonwealth ofPennsylvania, incorporated under the laws of the saidCommonwealth, of any moneys unexpended, which were appropriatedby the county commissioners of any county in the Commonwealth,under the act of April third, one thousand nine hundred andthree, to be used solely and exclusively for the erection orcompletion of any monument or memorial to the memory of the

soldiers and sailors of American wars," as to counties of thesecond class.

The act, approved the first day of June, one thousand ninehundred eleven (Pamphlet Laws 556), entitled "An act to fix thesalary of the coroner of any county of this Commonwealth havinga population of one million or over," as to counties of thesecond class.

The act, approved the eighth day of June, one thousand ninehundred eleven (Pamphlet Laws 717), entitled "An act relatingto coroners and the holding of postmortems, in the severalcounties of the Commonwealth," as to counties of the secondclass.

The act, approved the twenty-seventh day of March, onethousand nine hundred thirteen (Pamphlet Laws 11), entitled "Anact fixing the salary of controllers, in counties having overone hundred thousand inhabitants, where no provision for suchsalary has heretofore been made," as to counties of the secondclass.

The act, approved the fourteenth day of May, one thousandnine hundred thirteen (Pamphlet Laws 204), entitled "An actauthorizing the board of county commissioners of the severalcounties of the State to appropriate money for cooperativeagricultural extension work, for the purpose of improving anddeveloping the agricultural resources of the proper counties,"as to counties of the second class.

The act, approved the seventeenth day of May, one thousandnine hundred seventeen (Pamphlet Laws 237), entitled "An actregulating the practice and procedure of the sheriff or deputysheriff, under writs of inquisition, condemnation, inquiry ofdamages, lunacy, or habitual drunkard proceedings, partitionproceedings, or by virtue of any other writ or process, issuedby the courts of this Commonwealth, wherein the existing lawsrequire the sheriff to be present in person," as to countiesof the second class.

The act, approved the twenty-fourth day of May, one thousandnine hundred seventeen (Pamphlet Laws 297), entitled "An actauthorizing the establishment of contagious disease hospitalsin the several counties of the Commonwealth, to be constructedand maintained out of county funds," as to counties of thesecond class.

Sections 2 and 3 of the act, approved the seventh day ofJune, one thousand nine hundred seventeen (Pamphlet Laws 570),entitled "An act fixing the salaries and providing for theexpenses of county commissioners in the counties of thisCommonwealth," absolutely.

The act, approved the eighth day of May, one thousand ninehundred nineteen (Pamphlet Laws 163), entitled "An actauthorizing county commissioners to appoint county engineers,and to fix their compensation, and prescribing the duties ofsuch engineers," as to counties of the second class.

The act, approved the thirteenth day of April, one thousandnine hundred twenty-one (Pamphlet Laws 132), entitled "An actauthorizing county commissioners to appropriate moneys for themaintenance of duly incorporated organizations for theprevention of cruelty to animals," as to counties of the secondclass.

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, andto what extent, liens shall be allowed for taxes and formunicipal improvements, for the removal of nuisances, and forwater rents or rates, sewer rates, and lighting rates; for the

procedure upon claims filed therefor; the methods for preservingsuch liens and enforcing payment of such claims; the effect ofjudicial sales of the properties liened; the distribution ofthe proceeds of such sales, and the redemption of the propertytherefrom; for the lien and collection of certain taxesheretofore assessed, and of claims for municipal improvementsmade and nuisances removed, within six months before the passageof this act; and for the procedure on tax and municipal claimsfiled under other and prior acts of Assembly," as to countiesof the second class. (Par. added May 16, 1996, P.L.210, No.39)

The act, approved the nineteenth day of May, one thousandnine hundred twenty-three (Pamphlet Laws 283), entitled "An actproviding a means whereby the individual justice of the peacemay 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 thousandnine hundred twenty-three (Pamphlet Laws 295), entitled "An actauthorizing and empowering counties of the second class in thisCommonwealth to acquire by lease, purchase, or condemnationproceedings any land within the county for the purpose ofestablishing and maintaining airdromes or aviation landingfields; providing for the procedure in case of condemnation,and the extent of title acquired; authorizing the lease by thecounty of portions of said land to individuals or corporationsupon such terms as may be fixed, and the lease thereof to theGovernment of the United States upon nominal rental; authorizingand empowering the county to use land now owned by it for suchpurposes; and authorizing joint operation by said county andany city within the county of airdromes or aviation landingfields, where such city is authorized to establish and maintainthe same," absolutely.

The act, approved the twenty-ninth day of June, one thousandnine hundred twenty-three (Pamphlet Laws 973), entitled "An actproviding for the payment by counties of expenses incurred bythe district attorney, and making such expenses a part of thecosts of the case where the defendant is convicted," as tocounties of the second class.

The act, approved the ninth day of April, one thousand ninehundred twenty-five (Pamphlet Laws 222), entitled "An actproviding for the payment by counties and poor districts of thesalaries of officers where pending the settlement of a disputethe salary paid to such officer was less than the amount towhich he was legally entitled," as to counties of the secondclass.

The act, approved the twelfth day of May, one thousand ninehundred twenty-five (Pamphlet Laws 596), entitled "An actproviding for the alteration of the boundaries of counties incertain cases for the adjustment of the indebtedness thereof;providing the effect thereof," as to counties of the secondclass.

The act, approved the thirteenth day of May, one thousandnine hundred twenty-five (Pamphlet Laws 676), entitled, asamended, "An act providing for the burial of certain personswho are, have been, or shall be, soldiers, sailors, marines,or members of the enlisted nurse corps, designated as "deceasedservice men" defining the term "deceased service men"authorizing county commissioners to provide markers and burialplots for such deceased service men at the expense of suchcounty in which they shall die or have a legal residence at thetime of their death; and providing for the burial of widows of

soldiers, sailors, or marines," as to counties of the secondclass.

The act, approved the second day of May, one thousand ninehundred twenty-nine (Pamphlet Laws 1278), entitled "An actrelating to counties of the second, third, fourth, fifth, sixth,seventh and eighth classes; and revising, amending andconsolidating the laws relating thereto," as to counties of thesecond class.

The act, approved the fifteenth day of May, one thousandnine hundred twenty-nine (Pamphlet Laws 1767), entitled "An actvalidating the action of the salary board of any county of thisCommonwealth in providing additional assistants to the districtattorneys in the respective counties, when such appointmentsbecome necessary, or on account of sickness of assistantdistrict attorneys, or on account of increased business orunusual conditions or circumstances, provided the salary forsuch appointees did not exceed the minimum salary provided forassistant district attorneys in the respective counties," asto counties of the second class.

The act, approved the sixteenth day of May, one thousandnine hundred twenty-nine (Pamphlet Laws 1767), entitled "An actto fix the salaries of certain county officers in counties ofthe second class," absolutely.

The act, approved the twenty-third day of June, one thousandnine hundred thirty-one (Pamphlet Laws 929), entitled "An actfixing the qualifications of deputy sheriffs in thisCommonwealth," as to counties of the second class.

The act, approved the twenty-third day of June, one thousandnine hundred thirty-one (Pamphlet Laws 1199), entitled "An actauthorizing the boards of prison inspectors, in counties of thesecond class of this Commonwealth, to appoint jail chaplains,and directing the salary boards of such counties to fix thesalaries and compensation of such chaplains," absolutely.

The act, approved the seventh day of April, one thousandnine hundred thirty-three (Pamphlet Laws 29), entitled "An actrequiring the board of county commissioners of counties of thesecond class, on approval of the president judge of the courtof common pleas of said counties, to fix the compensation offire marshals; and to require the board of county commissionersof counties of the second class, subject to the approval of thecommon pleas court, to provide for the retirement of such firemarshals on annual pensions after twenty years of service, suchcompensation and pension to be payable by the county,"absolutely.

The act, approved the twenty-third day of May, one thousandnine hundred thirty-three (Pamphlet Laws 962), entitled "Asupplement to the act, approved the third day of April, onethousand nine hundred and three (Pamphlet Laws, one hundredthirty-seven) entitled 'An act regulating the confinement ofchildren, under the age of sixteen years, awaiting trial';providing for the management of houses of detention forjuveniles in counties of the second class; imposing expense inconnection therewith on the county; and permitting andauthorizing the county commissioners thereof to appropriatemoney 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 thousandnine hundred thirty-three (Pamphlet Laws 1041), entitled "Anact to safeguard human health and life in counties of the secondclass 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 theconstruction, keeping, maintenance or conduct of garbagedisposal plants; conferring powers and imposing duties on thecounty commissioners of such counties, and otherwise providingfor the administration of the act; and imposing penalties,"absolutely.

The act, approved the twenty-second day of December, onethousand nine hundred thirty-three--one thousand nine hundredthirty-four (Pamphlet Laws 108), entitled "An act reducing tofive days the period during which municipal subdivisions of theCommonwealth are required to advertise notice of proposed awardsof contracts for articles to be used on projects financed bythe Federal Civil Works Administration," as to counties of thesecond class.

The act, approved the twelfth day of July, one thousand ninehundred thirty-five (Pamphlet Laws 709), entitled "An actauthorizing and empowering county commissioners of thisCommonwealth of the counties of the second class, within thisCommonwealth, to destroy certain public records," absolutely.

The act, approved the sixteenth day of July, one thousandnine hundred thirty-five (Pamphlet Laws 1047), entitled "An actto enable county commissioners in counties of the second classto issue, sell, and dispose of bonds to provide funds to acquirelands or buildings or to erect buildings or construct or makeany improvements that may be deemed necessary by any corporationand body politic having the management and control of a workhouse and inebriate asylum," absolutely.

The act, approved the second day of June, one thousand ninehundred thirty-seven (Pamphlet Laws 1206), entitled "An actrelating to memorial halls in counties of the second class,erected in memory of the soldiers, sailors and marines whoserved in the Civil War; and providing for the use, upkeep, andmanagement and control of such halls," absolutely.

The act, approved the fourth day of June, one thousand ninehundred thirty-seven (Pamphlet Laws 1595), entitled "An actrelating to peace officers; providing for the qualificationsand appointments of deputy sheriffs; regulating the manner oftheir selection and compensation; regulating the source ofcompensation for other peace officers; declaring void certaincontracts inconsistent with the provisions hereof; providingpenalties; and repealing inconsistent acts," as to counties ofthe second class.

The act, approved the first day of July, one thousand ninehundred thirty-seven (Pamphlet Laws 2612), entitled "An actauthorizing county commissioners of any county to hold in trustfor the inhabitants and citizens of the county, any real estateand property appropriate for agriculture fairs or exhibits; andto lease the same, without expense or liability to the county,to any incorporated agriculture association to operate andconduct an annual fair within the county," as to counties ofthe second class.

The act, approved the first day of July, one thousand ninehundred thirty-seven (Pamphlet Laws 2615), entitled "An actauthorizing counties of the second class to provide for theissue and sale, during any fiscal year, of revenue bills whichshall be negotiable and useable for the payment of taxes duefor said year," absolutely.

The act, approved the first day of July, one thousand ninehundred thirty-seven (Pamphlet Laws 2618), entitled "An actauthorizing any county of the second class and any city in anysuch county in which the county seat is within the limits ofsuch city, to agree upon the joint management and control of

any or all city hospitals and institutions and any or all countyhospitals and institutions within the county; and providing forthe appointment of a board of managers and for professionalstaffs and employes, and for the apportionment of costs andexpenses," absolutely.

The act, approved the twenty-fifth day of May, one thousandnine hundred thirty-nine (Pamphlet Laws 205), entitled "An actauthorizing counties of the second class to acquire propertyand erect thereon maintenance warehouses for roads, highways,bridges and tunnels, by purchase or the exercise of the rightof eminent domain; providing for the acquiring of fee simpletitle thereto, and the issuance of bonds therefor," absolutely.

The act, approved the fifteenth day of June, one thousandnine hundred thirty-nine (Pamphlet Laws 359), entitled "An actrelating to recognizances and official bonds of present andfuture sheriffs and coroners and to their sureties thereon;imposing the expense of corporate suretyships on suchobligations upon the several counties and various duties uponthe courts of common pleas and county officers thereof;authorizing the substitution of approved surety companies forindividual or corporate sureties upon such obligations and therelease of any surety upon any such recognizance by such courtupon certain conditions; dispensing with sureties on suchrecognizances but providing for the acknowledgment, recordingand indexing of same as liens on certain real estate; regulatingsuch liens and releases therefrom; providing for refunds tosheriffs and coroners of certain premiums paid to sureties ontheir official bonds and recognizances; and repealinginconsistent laws, except as to existing claims or pending suitsthereunder, subject to certain limitations," as to counties ofthe second class.

The act, approved the twenty-first day of June, one thousandnine hundred thirty-nine (Pamphlet Laws 649), entitled "An actauthorizing counties to convey or lease property, needed orconvenient as a site for a county courthouse, to the GeneralState Authority; to acquire additional property for suchpurposes; and to contract with and lease property from saidAuthority," as to counties of the second class.

The act, approved the twenty-eighth day of July, one thousandnine hundred forty-one (Pamphlet Laws 519), entitled "An actrelating to the bonds to be given by county officers, theirdeputies, 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 andcustody thereof," absolutely.

The act, approved the twenty-first day of May, one thousandnine hundred forty-three (Pamphlet Laws 563), entitled "An actauthorizing counties of the second class to enter into contractswith any city within the county for the hospitalization ofpersons suffering from infectious diseases; and to makeappropriations therefor," absolutely.

The act, approved the twenty-eighth day of May, one thousandnine hundred forty-three (Pamphlet Laws 793), entitled "An actauthorizing counties of the second class to regulate theproduction of smoke from chimneys, smokestacks or other source,including provisions for the payment of inspection andcertificates of compliance fees incident thereto; authorizingthe expenditure of money for the employment of persons, and theacquisition of property for effectuating such regulations; andproviding penalties for the violation thereof," absolutely.

The act, approved the third day of June, one thousand ninehundred forty-three (Pamphlet Laws 821), entitled "An act

authorizing the county commissioners in each county of thesecond class to appoint a fire marshal and two assistant firemarshals, providing for the term of office and compensation ofthe persons so appointed, and prescribing their powers andduties; imposing certain additional duties upon countycommissioners, policemen, constables, watchmen and otherpersons; authorizing the fire marshal or his assistants to enterupon properties to investigate various fire hazards and to orderthe removal or abatement of such hazards; conferring certainpolice powers upon the fire marshal and his assistants;repealing certain general, special and local legislation; andprescribing penalties," absolutely.

The act, approved the twenty-fifth day of April, one thousandnine hundred forty-five (Pamphlet Laws 299), entitled "An actproviding for the establishment in counties of the second classof the lot and block plan for the registration of land titles,for the accumulation of county tax liens, and for theenumeration of the parcels of real estate to be assessed forcounty, city, borough, township, school and institution districttaxation; providing for the incurring of indebtedness for theinstallation thereof; and imposing duties upon the countycontroller and the deed registrar in each of such counties,"absolutely.

The act, approved the eighteenth day of May, one thousandnine hundred forty-five (Pamphlet Laws 787), entitled "An actconferring upon counties of the second class, power to enterupon private property and open and maintain drainage channelsalong county roads or highways; and providing penalty forinterference with such drains or ditches," absolutely.

The act, approved the twenty-eighth day of June, one thousandnine hundred forty-seven (Pamphlet Laws 1144), entitled "An actrelating to the annual salaries of certain county officers ofcounties of the second class," absolutely.

The act, approved the sixteenth day of May, one thousandnine hundred fifty-one (Pamphlet Laws 300), entitled "An actauthorizing counties of the second and fourth classes toestablish fire training schools for the paid and volunteerfiremen of municipalities within the county," as to countiesof the second class.

The act, approved the eighteenth day of June, one thousandnine hundred eighty-two (Pamphlet Laws 547), entitled "An actestablishing the fees to be charged and collected by the clerkof courts in second, second class A, third, fourth, fifth,sixth, seventh and eighth class counties and home rulecounties," as to counties of the second class. (Par. added May16, 1996, P.L.210, No.39)

Compiler's Note: Section 28 of Act 207 of 2004 providedthat any and all references in any other law to a"district justice" or "justice of the peace" shall bedeemed to be references to a magisterial district judge.

Section 3302. General Repeal.--All other acts and parts ofacts are hereby repealed insofar as they are inconsistent withthe 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 notapply and shall not be construed to apply to counties of thesecond 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 beapplicable 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) and1902-B of the act are not intended to and shall not beinterpreted as doing any of the following:

(1) Ratifying any actions taken by taxing authoritiesto assess or tax signs or sign structures as real propertyprior to the effective date of this section.

(2) Authorizing, ratifying or affirming the authorityof counties not subject to the act and political subdivisionslocated within the county to assess or tax signs or signstructures as real property.

(3) Create an implication that the act of May 22, 1933(P.L.853, No.155), known as The General County AssessmentLaw, should not be uniformly applied to all classes ofcounties and political subdivisions located within the countyauthorized by law to assess real property for purposes oftaxation, except as otherwise expressly provided by law.

Compiler's Note: Act 386 amended or added sections 103 and1902-B of Act 230.

Section 4. (a) The General Assembly declares that therepeals under subsection (b) are necessary to effectuate thepurposes of this act.

(b) The following acts and parts of acts are repealedinsofar as they are inconsistent with the amendment or additionof 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) and1902-B of the act shall apply retroactively to assessments usedfor purposes of real property taxes levied and collected forfiscal periods of political subdivisions beginning on or afterJanuary 1, 2005.