An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, making extensive rev...
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SB 1005 — An Act amending the act of August 9, 1955 (P.L.323, No.130), known as The County Code, making extensive revisions relating to preliminary provisions; names and corporate powers, classification of counties; fixing and relocating lines and boundaries; county officers; county commissioners and chief clerks; controller; auditors; treasurer; county solicitor; engineer; sheriff and coroner; prothonotary, clerks of court, clerk of orphan's court, register of wills, recorder of deeds; district attorney, assistants and detectives; salaries of county officers; fees of salaried county officers, salary boards, payment of solicitors appointed by county officers; fiscal affairs; contracts and special powers and duties of counties; public health; aeronautics; grounds and buildings; eminent domain and injury to property; recreation places; bridges, viaducts and culverts and roads; providing for military and veterans affairs; and making editorial changes.
Last action — Approved by the Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 28, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
1 primary, 4 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
9888 added · 9924 removedPlain-language change summary
The recent changes to SB 1005 primarily involve clarifications about which counties the bill applies to regarding the imposition of excise taxes, specifically for the rental of motor vehicles. The amendment removes the designation for "second class A" counties, meaning these counties will now have the same tax rules as those classified as "first" or "second" class. This matters because it streamlines the tax framework for these classifications, potentially simplifying tax enforcement and generating revenue in a more uniform manner across different county types.
PRIOR PRINTER'S NO.
1394 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
15631005 THE2017 GENERALINTSCHWANK, ASSEMBLYDECEMBER OF28, PENNSYLVANIA2017cGARRIGLE, SENATEHUTCHINSON, BILLBLAKE SessionAND REFERRED TO LOCAL GOVERNMENT, DECEMBER 28, 2017 AN ACT Amending the act of No.August 9, 1955 (P.L.323, No.130), entitled, "An act relating to counties of the first, third, fourth, fifth, sixth, seventh and eighth classes;
1005 2017 INTSCHWANK, DECEMBER 28, 2017cGARRIGLE, HUTCHINSON, BLAKE AND SENATOR WAGNER, LOCAL GOVERNMENT, AS AMENDED, MARCH 20, 2018 AN ACT Amending the act of August 9, 1955 (P.L.323, No.130), entitled, "An act relating to counties of the first, third, fourth, fifth, sixth, seventh and eighth classes;
20170SB1005PN156320170SB1005PN1394 - 2 - "Street." A street, road, lane, court, cul-de-sac, alley, public way or public square.
20170SB1005PN156320170SB1005PN1394 - 3 - (10) Any law relating to the validation of elections, bonds, resolutions and accounts of corporate officers.
Saving Clause.--(a) The provisions of this act, as far as they are the same as those of existing laws, shall be construed as a continuation of such laws, and not as 20170SB1005PN156320170SB1005PN1394 - 4 - new enactments.
The repeal of the "Second Class County Code," as it relates to second class A counties by section 3901 of this act shall not be construed as modifying or repealing any term of office, power, ordinance, rule or 20170SB1005PN156320170SB1005PN1394 - 5 - regulation of home rule counties or counties of the second class A existing on the effective date of this subsection.
Collection of Tax on Real Property from Rent 20170SB1005PN156320170SB1005PN1394 - 6 - Paid to Owner in County of the Second Class A.--(a) Where the owner of any residential or commercial real property that is located in a county of the second class A and subject to a claim pursuant to the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law, derives any rental income from that property, the county treasurer shall notify the property owner in writing of the property owner's duty to remit that rental income to the office of the county treasurer.
Such suit or action, when brought in the court of common pleas, shall have preference for trial over all 20170SB1005PN156320170SB1005PN1394 - 7 - other actions.
20170SB1005PN156320170SB1005PN1394 - 8 - Section 110.
All ordinances, auditors' reports, controllers' reports, or advertisements, inviting proposals for public contracts and for bids for materials and supplies, shall be published only in newspapers of general 20170SB1005PN156320170SB1005PN1394 - 9 - circulation[, as hereinbefore defined].
20170SB1005PN156320170SB1005PN1394 - 10 - (2.1) Second Class A Counties, those having a population of 500,000 and more but less than [800,000] 1,000,000 inhabitants.
Ascertainment, Certification and Effect of 20170SB1005PN156320170SB1005PN1394 - 11 - Change of Class.--(a) The classification of counties shall be ascertained and fixed according to their population by reference from time to time to the decennial United States census as [hereinafter provided, deducting therefrom] provided in this section, less the number of persons residing on any lands that have been ceded to the United States.
20170SB1005PN156320170SB1005PN1394 - 12 - (c) Changes of class ascertained and certified [as aforesaid] shall become effective on the first day of January next following the year in which the change was [so] certified by the Governor to the county commissioners but the salaries of county officers shall not [thereby] be increased or decreased during the term for which they shall have been elected.
(b) If it appears to the [court so] designated court that the county line, or any part thereof, shall be surveyed or marked, it shall appoint a boundary commission, composed of 20170SB1005PN156320170SB1005PN1394 - 13 - three surveyors or professional engineers [in civil engineering,] licensed or registered in accordance with the act of May 23, 1945 (P.L.913, No.367), known as the "Engineer, Land Surveyor and Geologist Registration Law," to act for the court as hereinafter provided.
(c) All costs, including the necessary expenses of advertising the meeting of the boundary commissioners as hereinafter provided, and in procuring and setting the permanent monuments [needful] necessary to mark [in a permanent manner such] the county line, the expenses of the boundary commission and its assistants and all other expenses necessarily incurred, shall be paid by the interested counties jointly, in equal parts, or by any party or parties to the proceeding as the court may direct, upon presentation of properly itemized bills, duly verified by affidavit of the person claiming payment or [some 20170SB1005PN156320170SB1005PN1394 - 14 - one on his] someone on the person's behalf.
20170SB1005PN156320170SB1005PN1394 - 15 - (b) [Thereupon, if said] If the court shall be of opinion that it is [to the interest and advantage of the respective counties] necessary that a new county line be established, [they may] it shall direct [said] the boundary commission to fix and determine a new county line [and], to mark the same with [suitable] permanent monuments [of a permanent character] and to prepare the report as provided in section 306.
20170SB1005PN156320170SB1005PN1394 - 16 - (b.1) Written notice shall be given by the boundary commission to the counties interested, and to the owners of all lands which will be affected by the proposed change, of the time when the report containing the recommendation of the boundary commission will be considered by the court.
20170SB1005PN156320170SB1005PN1394 - 17 - (5) One recorder of deeds.
(b.1) In the event that any officer in a county of the second class A, other than a county commissioner, shall fail to 20170SB1005PN156320170SB1005PN1394 - 18 - qualify, or if no successor is elected, the officer then in office shall continue in office only until the first Monday in January following the next municipal election, at which time a successor shall be elected for a term of four years.
(e) The office of jury commissioner may be abolished in a 20170SB1005PN156320170SB1005PN1394 - 19 - county of the third class having a population during the 2000 decennial census of not less than 371,000 and not more than 380,000 if the governing body of the county adopts, by a majority vote, a resolution abolishing the office of jury commissioner.
(b) No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall, at the same time, hold or 20170SB1005PN156320170SB1005PN1394 - 20 - exercise any county office in this State to which a salary, fee or perquisites are attached.
Any person refusing to take said oath or affirmation shall 20170SB1005PN156320170SB1005PN1394 - 21 - forfeit his office.
Location of Offices, Records and Papers.--(a) The commissioners, auditors, controller, treasurer, sheriff, recorder of deeds, prothonotary, clerk of courts [of quarter sessions and oyer and terminer], clerk of orphans' court, register of wills[, recorder of deeds] and district attorney 20170SB1005PN156320170SB1005PN1394 - 22 - shall keep their respective offices, and all public records and papers [belonging thereto] of those offices, at the county seat, and in such buildings as may be erected or appropriated for such purpose.
The fees will be collected by the appropriate row officer and deposited in a special records management fund, administered by the county's records management program in the Office of Management and Productivity or, in the 20170SB1005PN156320170SB1005PN1394 - 23 - absence of such an office, an office that handles the same or similar functions.
(b) In case any officer shall refuse to permit the inspection of any fiscal record or document the taxpayer may, by petition to the court of common pleas of the county, set forth his reasons for desiring to make such inspection, and, if the court deems such reasons proper, it shall order the officer to permit the inspection to be made.] Except as otherwise provided 20170SB1005PN156320170SB1005PN1394 - 24 - by this act, records of county offices shall be open for inspection subject to the rules and regulations provided in the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to- Know Law." Section 407.
Deputies to Act in Certain Cases.--(a) Whenever any county officer is authorized or required to appoint 20170SB1005PN156320170SB1005PN1394 - 25 - a deputy or deputies, such deputy or principal deputy, where there are more than one, shall, during the necessary or temporary absence of [his] the deputy's principal, perform all duties of such principal, and also, in case of a vacancy or as provided in section 401(b), until a successor is qualified.
If there is a municipal election occurring not less than ninety days after the occurrence of the vacancy, other than the one at which the office ordinarily is filled, then the office shall be filled at 20170SB1005PN156320170SB1005PN1394 - 26 - that election for the balance of the unexpired term.
Penalty for Neglect or Refusal to Perform Duties.--If any county officer neglects or refuses to perform any duty imposed on [him] the officer by the provisions of this or any other act, [or by the provisions of any other act of Assembly,] or by any rule of court, [or other provision of law, 20170SB1005PN156320170SB1005PN1394 - 27 - he] the officer shall, for each [such] neglect or refusal, be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500).
20170SB1005PN156320170SB1005PN1394 - 28 - Section 415.
20170SB1005PN156320170SB1005PN1394 - 29 - (1) The county commissioners, together with the county solicitor and the chief clerk to the county commissioners and certain officers who are counterpart personnel in counties having a Home Rule Charter or optional form of government.
Deputies and Solicitors May Attend Annual Meetings.--[The deputy controller, the deputy sheriff, the deputy register of wills, the deputy clerk of orphans' court, the deputy treasurer, the deputy prothonotary, the deputy clerk of the courts of quarter sessions, the first assistant district attorney, one assistant public defender and the deputy recorder of deeds and the chief deputy coroner, with the approval of his principal, and the solicitor for each officer, may attend the annual meetings of his respective associations either together with the controller, sheriff, register of wills, treasurer, prothonotary, clerk of the courts of quarter sessions, district attorney, public defender, recorder of deeds or coroner as the 20170SB1005PN156320170SB1005PN1394 - 30 - case may be or in his place.] With the approval of their principals, the first and, where appointed, second deputy and the solicitor of the following officers may attend the annual meeting of their respective association with or in the place of their principals:
The sum of [one hundred seventy-five dollars ($175)] two hundred twenty dollars ($220) per day as set forth in this subsection shall be adjusted annually by the annual increase in the cost of 20170SB1005PN156320170SB1005PN1394 - 31 - living as determined annually by the United States Department of Labor.
(b) The annual meeting of the association of county 20170SB1005PN156320170SB1005PN1394 - 32 - commissioners, county solicitors and chief clerks shall not exceed four days, that of the district attorneys shall not exceed three days, and those of all other State associations shall not exceed three days in every case, exclusive of the time spent in traveling to and from the said meetings.
(3) For each county of the fifth and sixth class, six 20170SB1005PN156320170SB1005PN1394 - 33 - hundred twenty-five dollars ($625).
(b) Such annual apportionments of expenses shall be as approved at each annual [convention] conference of the said association by a majority vote of the members present and, when 20170SB1005PN156320170SB1005PN1394 - 34 - so approved, shall be paid by the several counties from general county funds.
Meetings Open to Public.--[(a)] All meetings, regular and special, of the board of county commissioners and of all boards, commissions and authorities, created by or operating as agencies of a county, are hereby declared to be public 20170SB1005PN156320170SB1005PN1394 - 35 - meetings [open to the public at all times.
Execution of Official Instruments.--(a) The commissioners shall constitute a board, two members of which shall be a quorum for the transaction of business, and, when convened [in pursuance of notice or according to adjournment] 20170SB1005PN156320170SB1005PN1394 - 36 - after notice, shall be competent to perform all the duties appertaining to the office of county commissioners.
(c) Before purchasing office furniture, equipment or supplies, blank books, blank dockets, books for records or stationery, the county officers who are to be furnished with any of [such] the items shall have an opportunity to state in 20170SB1005PN156320170SB1005PN1394 - 37 - writing [his] preferences as to the type and make of [such articles or any of them] the items.
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The date of such filing shall not affect the validity 20170SB1005PN156320170SB1005PN1394 - 38 - of the process of the enactment or adoption of the ordinance;
(d) Any person violating any of the ordinances adopted by the [board of county] commissioners pursuant to this section shall, upon conviction thereof at a summary proceeding, be sentenced to pay such fine as may be prescribed in such ordinances by the [county] commissioners but not in excess of 20170SB1005PN156320170SB1005PN1394 - 39 - one thousand dollars ($1,000), to be paid to the use of the county, with costs of prosecution, or to be imprisoned for not more than ten days, or both.
(b) Each county controller shall be provided with an 20170SB1005PN156320170SB1005PN1394 - 40 - official seal of [his] the office by the county commissioners of the county, which shall be used for the attestation of all official papers.
20170SB1005PN156320170SB1005PN1394 - 41 - Section 15.
(c) If the majority of electors voting on the question shall vote in favor of establishing the office of county controller, [such] the office shall thereby be established, and, at the next municipal election, and quadrennially thereafter, the electors 20170SB1005PN156320170SB1005PN1394 - 42 - of the county shall choose a citizen of the county for the office of controller in place of the county auditors.
(b) Any casual vacancy in the office of county auditors shall be filled, for the balance of the unexpired term, by the 20170SB1005PN156320170SB1005PN1394 - 43 - court of common pleas of the county, [by the appointment of an elector who voted for the auditor whose place is to be filled.] sitting en banc, appointing a successor who shall be a registered elector of the county and shall be a member of the same political party as was the auditor whose place is to be filled at the time the auditor assumed office.
They may, upon petition to the court of common pleas, have such additional time for the completion of their report as the court shall allow.] 20170SB1005PN156320170SB1005PN1394 - 44 - If the first Monday in January is a legal holiday, the meeting shall be held the first day following.
Misapplication of Funds Collected for Specific Purposes.--Whenever any moneys are collected by law in any 20170SB1005PN156320170SB1005PN1394 - 45 - county [for any special purpose, and paid into the hands] and are in the possession or control of the treasurer of [such] the county, it shall be unlawful for [such] the treasurer to apply such moneys, or any part thereof, to any other purpose than that for which [such] the moneys were collected unless otherwise authorized by law.
The solicitor shall advise upon all legal matters that may be submitted to him and shall conduct any litigation when requested so to do by the treasurer.] 20170SB1005PN156320170SB1005PN1394 - 46 - Section 20.
Each assistant and special 20170SB1005PN156320170SB1005PN1394 - 47 - counsel shall perform such duties in connection with the legal affairs of the county as may be assigned [to him] by the county commissioners or the county solicitor.
Unfinished Business of Outgoing Sheriff.--(a) It shall be the duty of every outgoing sheriff, to deliver all 20170SB1005PN156320170SB1005PN1394 - 48 - unfinished and unexecuted writs and process whatsoever to his successor whose duty it shall be to receive and execute the same as if said writs and process had been originally issued and directed to him, and to carry out and complete all other official duties of his predecessor.
The chief deputy, during his continuance in office, shall have full power and authority to perform any duty incumbent upon such sheriff, with 20170SB1005PN156320170SB1005PN1394 - 49 - like effect in law as if such official act had been done by the sheriff in person, regardless of the ability or temporary disability of such sheriff to act, while such sheriff continues in office.
Deputy Sheriff's Qualifications.--A sheriff shall not appoint any person a chief deputy or any other deputy 20170SB1005PN156320170SB1005PN1394 - 50 - sheriff unless the sheriff files with the prothonotary, prior to the appointment of such person, the name and photograph of such person, together with an affidavit of such person setting forth the following:
Public List of Applicants for Deputy Sheriff.--The sheriff shall, from time to time, prepare a list 20170SB1005PN156320170SB1005PN1394 - 51 - of the names of all persons who have applied for appointment as deputy sheriff and who meet the qualifications hereinbefore prescribed.
(c) Any contract or agreement, whatsoever, made in violation 20170SB1005PN156320170SB1005PN1394 - 52 - of the provisions of this section, shall be utterly void and of no effect, in law or in equity, and is hereby declared to be contrary to public policy.
Construction.--Nothing contained in sections 1206 or 1210 of this act, shall be construed to prohibit the appointment, employment or compensation by any county in the manner expressly provided by law of--(1) night watchmen, (2) railroad police, (3) bank police, (4) payroll police, (5) special policemen to police and protect cemeteries and grounds and buildings open to the public, or to enforce laws for the prevention of cruelty to persons or animals, (6) fire police whose only duty shall be to direct traffic and maintain order 20170SB1005PN156320170SB1005PN1394 - 53 - to, at or from fires, (7) police or guards employed by nonprofit corporations or organizations.
Such deputy or deputies shall have the same 20170SB1005PN156320170SB1005PN1394 - 54 - powers as the coroner.
Sales.--(a) The coroner shall safely keep in his charge all personal effects and property which appear to have been on or about the person at the time of his death, or being found on any decedent whose body 20170SB1005PN156320170SB1005PN1394 - 55 - is received at the county morgue or at any other morgue serving in lieu thereof, and all such effects and property which are delivered to him according to law.
20170SB1005PN156320170SB1005PN1394 - 56 - Section 1236.1.
20170SB1005PN156320170SB1005PN1394 - 57 - (1) sudden deaths not caused by readily recognizable disease, or wherein the cause of death cannot be properly certified by a physician on the basis of prior (recent) medical attendance;
(b) The purpose of the investigation shall be to determine the cause of any such death and to determine whether or not 20170SB1005PN156320170SB1005PN1394 - 58 - there is sufficient reason for the coroner to believe that any such death may have resulted from criminal acts or criminal neglect of persons other than the deceased.
20170SB1005PN156320170SB1005PN1394 - 59 - The provisions of this section shall not be construed to affect the coroner's discretion as to whether or not any death was suspicious, nor shall they be construed to authorize a coroner to investigate a sudden death any further than necessary to determine the cause and manner of death.
Certificate of Cause of Death.--The coroner 20170SB1005PN156320170SB1005PN1394 - 60 - shall issue a certificate of cause of death in all cases referred to him by the local registrar of vital statistics, pursuant to the provisions of the act, approved June twenty- nine, one thousand nine hundred fifty-three (Pamphlet Laws 304), known as the "Vital Statistics Law of 1953," and in all other cases of which he has jurisdiction, if no person duly authorized by the said act certifies the cause of death.
20170SB1005PN156320170SB1005PN1394 - 61 - Section 1247.
No Fees upon Commissions.--If any person elected to the office of coroner shall neglect or refuse, 20170SB1005PN156320170SB1005PN1394 - 62 - for the space of two months next after such election, to assume the duties of said office and to comply with the requirements of the acts of Assembly in such cases, the office shall be vacant, and it shall be the duty of the Governor, upon the notification of the recorder of deeds, to appoint and commission some suitable person to fill such vacancy during the remainder of the term.
Penalty.--No person elected or appointed to the office of sheriff or coroner shall execute any of the duties of such office before a commission shall have been duly granted to him by the Governor and left for record, under a penalty of imprisonment for a term not exceeding six months, at 20170SB1005PN156320170SB1005PN1394 - 63 - the discretion of the court of quarter sessions.
Whenever the sheriff is or shall be required by law to act in 20170SB1005PN156320170SB1005PN1394 - 64 - person under or by virtue of any writ or process issued by the courts of this Commonwealth, the sheriff may act either in person or by a regularly appointed deputy sheriff.
Chief deputy and second deputydeputy. PETITION.
<-- (a) Appointment.--The sheriff of each county shall appoint, by commission duly recorded in the office for recording deeds, a chief deputy and second deputy, whose appointments WHOSE <-- APPOINTMENT shall be revocable by the sheriff on recording in the office for recording deeds a signed revocation.
In the event of a vacancy in the office of <-- sheriff, the chief deputy shall perform the duties of the sheriff in accordance with section 408, provided, however that, the commission of a second deputy by the sheriff may not be revoked by the chief deputy.
(c) Delegation.--The powers and duties of sheriff that may be exercised by a chief deputy or second deputy in accordance 20170SB1005PN156320170SB1005PN1394 - 65 - with this section shall include those under 18 Pa.C.S.
(B) PETITION.--IF DURING A VACANCY IN THE OFFICE OF SHERIFF <-- THE DUTIES OF THE OFFICE CANNOT BE DISCHARGED IN ACCORDANCE WITH SECTION 1213-A OR ANY OTHER LAW, THE RANKING DEPUTY OF THE OFFICE SHALL PETITION THE COURT OF COMMON PLEAS TO AUTHORIZE A DEPUTY TO PERFORM ANY DUTY INCUMBENT UPON THE SHERIFF.
UPON A FINDING THAT NO OTHER INDIVIDUAL HAS THE LEGAL CAPACITY TO DISCHARGE THE DUTY, THE COURT SHALL AUTHORIZE THE DEPUTY TO PERFORM THE DUTY DURING THE VACANCY WITH LIKE EFFECT IN LAW AS IF THE OFFICIAL ACT HAD BEEN DONE BY THE SHERIFF.
The sheriff may have a real estate deputy to take charge of all matters relating to sheriff's sales of real estate and distributions of the proceeds thereof, whose appointment shall be made and be revocable as provided for the chief deputy and <-- second deputy.
A chief deputy or <-- second deputy may be appointed real estate deputy in the same or by separate commission.
The exercise of the powers and duties of the sheriff relating to sales of real estate and the distribution of proceeds thereof, as authorized in section 1203- A, shall be reserved to those occasions where a real estate deputy has not been appointed or where a real estate deputy is 20170SB1005PN1563 - 66 - temporarily or permanently incapable of acting.
In counties of the third through eighth classes, the sheriff may also appoint necessary special deputies, when any emergency arises, to assist the sheriff in executing any 20170SB1005PN1394 - 66 - civil or criminal process or court order or in preserving the peace, who shall serve only so long as they are absolutely needed.
(4) That the person has not, for a period of two years immediately preceding the filing of the affidavit, acted either individually or as the agent or employee of another, in any labor dispute, or provided any service as a private detective, private police officer or private guard in any labor dispute, or received any fee or compensation whatsoever 20170SB1005PN1563 - 67 - for acting as a private detective, private police officer or private guard in any labor dispute, or conducted the business of a private detective agency, or of any agency supplying private detectives, private police officers or private guards, or advertised or solicited any such business in this Commonwealth in connection with any labor dispute.
(b) Limitation.--A person shall not be appointed or receive compensation as chief deputy or any other deputy except in accordance with the act of February 9, 1984 (P.L.3, No.2), known 20170SB1005PN1394 - 67 - as the Sheriff and Deputy Sheriff Education and Training Act.
(a) General rule.--No sheriff, deputy sheriff, detective or other county police officer whatsoever, shall perform, directly or indirectly, any official services or official duties for any person, association or corporation, or receive, directly or 20170SB1005PN1563 - 68 - indirectly, any compensation, gifts or gratuities from any person, association or corporation during the period of official services.
Gifts, donations and gratuities of any nature whatsoever made by any person, association or corporation to the county or 20170SB1005PN1394 - 68 - to any official or agent thereof, shall not constitute public funds within the meaning of this section.
20170SB1005PN1563 - 69 - Section 1211-A.
20170SB1005PN1394 - 69 - Nothing contained in section 1206-A or 1210-A shall be construed to prohibit:
Chief deputy sheriff to act as sheriff in case 20170SB1005PN1563 - 70 - of vacancy.
20170SB1005PN1394 - 70 - Every sheriff shall provide and keep in office a book or books in which the sheriff shall enter all writs that may be received and the proceedings thereon, and, at the expiration of the term of office, such book or books shall be deposited in the office of the prothonotary for the inspection of all persons interested therein.
20170SB1005PN1563 - 71 - Except as otherwise expressly provided under this article, this article shall apply to counties of the second class, second class A and third through eighth class.
20170SB1005PN1394 - 71 - (1) Gross visual inspection and dissection of the body and its internal organs.
The term may refer to a medical investigator, forensic technician, laboratory director, forensic supervisor, forensic investigator, scientist or autopsy or histology 20170SB1005PN1563 - 72 - technician.
20170SB1005PN1394 - 72 - (a) Coroner.--The coroner of a county in which a county morgue is established shall:
The body may only be examined or inspected by an 20170SB1005PN1563 - 73 - individual authorized by the coroner or who is admitted in the coroner's presence.
20170SB1005PN1394 - 73 - (b) Vehicle.--The county commissioners may provide an ambulance or other vehicle for the purpose under subsection (a) and for other official duties of the coroner, including administrative, investigative or educational activities.
(c) Property unclaimed after one year.--After one year, the 20170SB1005PN1563 - 74 - coroner shall direct the unclaimed or undisposed property to the commissioners to be sold at public sale.
The provisions of this subsection shall be 20170SB1005PN1394 - 74 - in lieu of escheating to the Commonwealth.
20170SB1005PN1563 - 75 - (a) Duty.--The coroner having a view of the body shall investigate the facts and circumstances concerning a death that appears to have happened within the county, notwithstanding where the cause of the death may have occurred, for the purpose of determining whether or not an autopsy or inquest should be conducted in the following cases:
(1) A sudden death not caused by a readily recognizable disease or, if the cause of death cannot be properly certified, by a physician on the basis of prior recent 20170SB1005PN1394 - 75 - medical attendance.
20170SB1005PN1563 - 76 - (9) A death of an individual whose body is to be cremated, buried at sea or otherwise disposed of so as to be unavailable for examination thereafter.
(2) Whether or not there is sufficient reason for the 20170SB1005PN1394 - 76 - coroner to believe that the death may have resulted from a criminal act or criminal neglect of a person other than the deceased.
(c) Recording.--The proceedings at the inquest shall be 20170SB1005PN1563 - 77 - recorded, at the expense of the county, in a manner to be provided by the county commissioners.
(2) Retained tissue, organs, blood, other bodily fluid, gas or another specimen from an autopsy are medical waste and shall be disposed of in accordance with applicable Federal 20170SB1005PN1394 - 77 - and State laws.
20170SB1005PN1563 - 78 - (iv) Biological mother's prenatal history.
(c) Deoxyribonucleic acid.--A deoxyribonucleic acid (DNA) sample shall be collected for the purpose of aiding in the research of the causes of sudden and unexplained infant deaths 20170SB1005PN1394 - 78 - and to provide genetic information as to the manner of death.
(c) Definition.--As used in this section, the phrase "medical attendance" shall include treatment or care at a facility providing medical services, including a hospital, 20170SB1005PN1563 - 79 - nursing home and hospice service.
(1) The coroner has conducted an initial investigation of the scene of death, including viewing and photographing the scene in the manner that most fully discloses how the 20170SB1005PN1394 - 79 - individual died.
20170SB1005PN1563 - 80 - Section 1225-B.
(1) Referred to the coroner by the local registrar of vital statistics under the act of June 29, 1953 (P.L.304, 20170SB1005PN1394 - 80 - No.66), known as the Vital Statistics Law of 1953.
20170SB1005PN1563 - 81 - (a) Jury.--The coroner may summon a jury of six individuals and two alternates to be selected from the jury panels of the court of common pleas.
20170SB1005PN1394 - 81 - The coroner may administer an oath and affirmation to an individual brought or appearing before the coroner.
(1) In counties of the second through eighth classes, 20170SB1005PN1563 - 82 - the coroner may:
(4) In counties of the third through eighth class, 20170SB1005PN1394 - 82 - representatives of the media may not be excluded from an inquest or part of an inquest unless the representatives are personally interested or suspected from the inquest or part of the inquest.
(c) Fees.--A fee may not be charged on a commission issued 20170SB1005PN1563 - 83 - to the coroner.
(e) Medical examiner.--In counties of the second class, the appointee to the office of medical examiner shall serve and the 20170SB1005PN1394 - 83 - term of office shall be as provided by county ordinance.
An individual who violates this section may 20170SB1005PN1563 - 84 - be sentenced to imprisonment for a term of not more than six months.
20170SB1005PN1394 - 84 - Except as provided under this article, public disclosure of a coroner record shall be in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(b) Costs of securing.--In cases where the coroner secures the premises of the deceased, the costs of securing may be 20170SB1005PN1563 - 85 - charged against the estate of the deceased.
(a) Fees to recover training costs.--The coroner shall charge and collect a fee of $500 for an autopsy report, $100 for 20170SB1005PN1394 - 85 - a toxicology report, $100 for an inquisition or coroner's report, $50 for a cremation or disposition authorization and other fees as may be established from time to time for other reports or documents requested by nongovernmental agencies in order to investigate a claim asserted under a policy of insurance or to determine liability for the death of the deceased.
ARTICLE XIII PROTHONOTARY, [CLERKS] CLERK OF COURTS, CLERK OF ORPHANS' COURT, REGISTER OF WILLS, 20170SB1005PN1563 - 86 - RECORDER OF DEEDS Section 1301.
Election of [Prothonotaries, Clerks] Prothonotary, Clerk of Courts, [Clerks] Clerk of Orphans' Court, Register of Wills, Recorder of Deeds.--At the municipal election preceding the expiration of the term of office of any prothonotary, clerk of the [court of quarter sessions, clerk of the court of oyer and terminer] courts of common pleas, register of wills, clerk of the orphans' court or recorder of deeds of any county and quadrennially thereafter, the electors of [such] 20170SB1005PN1394 - 86 - the county shall elect a person to fill [such] the office from the first Monday of January next succeeding [such] the election, for a term of four years and until [his] a successor is elected and qualified.
At such time as a county decides that reconfiguration of the offices in the county in accordance with subsection (a) or any other general law 20170SB1005PN1563 - 87 - applicable to the holding of offices and to the classification of the county is appropriate, the county shall wait until the year in which the offices are next up for election to effect that change.
(a.2) Notwithstanding subsection (a) or (a.1) or any other law, the county commissioners of a county advancing from the fifth to fourth class may adopt a resolution providing that one person shall continue to hold the offices of prothonotary and clerk of courts, unless local law applying to such counties 20170SB1005PN1394 - 87 - shall otherwise provide.
(c) In counties of the sixth and seventh classes, one person shall hold the offices of prothonotary and clerk of courts, and one person the offices of register of wills, recorder of deeds 20170SB1005PN1563 - 88 - and clerk of the orphans' court, unless local laws applying to such counties shall otherwise provide.
(e) This section does not repeal any of the provisions of section one of the act, approved July two, one thousand eight hundred thirty-nine (Pamphlet Laws 559), entitled "An act to 20170SB1005PN1394 - 88 - provide for the election of prothonotaries, clerks, recorders and registers," nor any of the provisions of any other local law.
Upon the expiration of the term of 20170SB1005PN1563 - 89 - any county officer affected by such proceeding, his or her office shall be joined to the other whose term still continues, and no successor shall be elected, or, if the terms of all officers affected expire at the same time, then upon such expiration such offices shall be joined and occupied by one person elected at the preceding municipal election for such purpose.
Counties of Forty Thousand Inhabitants Created Separate Judicial Districts.--(a) In each county containing 20170SB1005PN1394 - 89 - forty thousand inhabitants, which has been created as a separate and independent judicial district as provided by the Constitution, upon acceptance of the provisions of this section, there shall be elected one person to fill the office of prothonotary, one person to fill the office of the clerk of the courts of [quarter sessions and oyer and terminer] common pleas, one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds, at the expiration of the terms of the persons then filling and exercising such offices in such counties.
20170SB1005PN1563 - 90 - Section 1305.
Solicitor to Register in Counties of the 20170SB1005PN1394 - 90 - Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--In all counties of the third, fourth, fifth, sixth, seventh and eighth classes, the register of wills is authorized to appoint one person, learned in the law, as his solicitor.
20170SB1005PN1563 - 91 - [Section 1314.
Sections 1401, 1402, 1403, 1404, 1405, 1406, 20170SB1005PN1394 - 91 - 1407, 1409, Subdivision (b) heading of Article XIV, 1420, 1421, 1424, 1425, 1426, 1440 and 1441 of the act are amended to read:
(1) The commissioners of the county have by ordinance fixed 20170SB1005PN1563 - 92 - the services of the district attorney at full time.
Upon motion of the district attorney, the president judge shall conduct a hearing and shall issue an order whether the office of district attorney shall be full time within 180 days of the 20170SB1005PN1394 - 92 - filing of the motion.
20170SB1005PN1563 - 93 - (v) the average number of convictions under 75 Pa.C.S.
[(h) In counties of the third, fourth, fifth, sixth and 20170SB1005PN1394 - 93 - seventh class:
(2) A person who has been elected to the office of district attorney in a county where the district attorney is part time and whose term commences on January 2, 2006, shall, upon taking the oath of office, be a full-time district attorney if, after exercising due diligence in conducting an assessment of the best interests of public safety and the administration of criminal 20170SB1005PN1563 - 94 - justice in the county, the district attorney-elect has provided written notice to the chairman of the county commissioners, the Secretary of Revenue and the State Treasurer no sooner than December 1, 2005, and no later than December 30, 2005, of the district attorney-elect's choice to serve as a full-time district attorney.
20170SB1005PN1394 - 94 - (3) A person seeking election or re-election as district attorney in a county where the office of district attorney is a part-time position after January 2, 2006, shall, upon election and taking the oath of office, become a full-time district attorney if, prior to the deadline for filing nomination petitions or papers, the person has provided written notice to the chairman of the county commissioners, the Secretary of Revenue and the State Treasurer of the person's choice to serve as a full-time district attorney.
The district attorney while in office, shall not derive any other income as a result of honorariums, profit shares or 20170SB1005PN1563 - 95 - divisions of income from any firm with which the district attorney was associated prior to election.
In addition the district attorney shall not engage in any private practice and must be completely disassociated with any firm with which the district attorney was affiliated prior to the earlier of being made full time or being 20170SB1005PN1394 - 95 - sworn in as a full-time district attorney.
[(n) In the event of a vacancy in the office of district attorney, the person appointed to serve the remainder of the unexpired term shall be bound by the election made in subsection 20170SB1005PN1563 - 96 - (h) for the remainder of said term.] (o) A district attorney shall be subject to the Rules of Professional Conduct and the canons of ethics as applied to judges in the courts of common pleas of this Commonwealth insofar as such canons apply to salaries, full-time duties and conflicts of interest.
If any substantive basis is found, the 20170SB1005PN1394 - 96 - board shall proceed forthwith in the manner prescribed by the rules of the Supreme Court and make such recommendation for disciplinary action as it deems advisable, provided, however, that if the Supreme Court deems the violation so grave as to warrant removal from office, the prothonotary of the Supreme Court shall transmit its findings to the Speaker of the House of Representatives for such action as the House of Representatives deems appropriate under Article VI of the Constitution of Pennsylvania.
The duties herein conferred shall be in addition to all other duties given to the said district attorney 20170SB1005PN1563 - 97 - by other statutes.
In any case where a 20170SB1005PN1394 - 97 - defendant is convicted and sentenced to pay the costs of prosecution and trial, the expenses of the district attorney in connection with such prosecution shall be considered a part of the costs of the case and be paid by the defendant.
If the first assistant district attorney is unwilling or unable to serve, the judges of the court of common pleas shall fill the vacancy by the appointment of a competent person to fill the office until the first Monday in January following 20170SB1005PN1563 - 98 - the next municipal election occurring not less than ninety days after the occurrence of the vacancy.
Misconduct of District Attorney.--(a) If any district attorney shall [wilfully] willfully and corruptly demand, take or receive any other fee or reward than such as is prescribed by law for any official duties required by law to be executed by [him] the district attorney in any criminal proceeding, or if such district attorney shall be guilty of [wilful] willful and gross negligence in the execution of the 20170SB1005PN1394 - 98 - duties of [his] the office, [he] that individual shall be guilty of a misdemeanor in office, and, on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars ($1,000) and to undergo imprisonment not exceeding one year, and [his] the office shall be declared vacant.
District Attorney Charged with Crime.--If any district attorney is charged, according to law, with any crime 20170SB1005PN1563 - 99 - or misdemeanor, before or bound over or committed by any court to answer for [wilful] willful and gross negligence in the execution of the duties of [his] the office, it shall be the duty of the court to appoint [some] a competent attorney thereof to prepare an indictment against such district attorney and to prosecute the same on behalf of the Commonwealth until final judgment.
If [such] the district attorney [shall be] is convicted 20170SB1005PN1394 - 99 - of any crime for which [he] that individual may be sentenced to imprisonment by separate or solitary confinement at labor, [his] the office shall be declared vacant by the court.
If the court shall be of the opinion that it is a proper case for a criminal 20170SB1005PN1563 - 100 - proceeding or prosecution, it may direct any private counsel employed by such prosecutor to conduct the entire proceeding, and where an indictment is necessary, to verify the same by [his] the private counsel's own signature, as fully as the same could be done by the district attorney.
Compensation.--(a) The 20170SB1005PN1394 - 100 - district attorney may appoint such number of assistants, [special assistants or deputy assistants, learned in the law] licensed to practice law in this Commonwealth, to assist [him] in the discharge of [his] duties.[, as is fixed by the salary board of the county.
The exclusive remedy for a violation of this section shall be 20170SB1005PN1563 - 101 - removal by quo warranto of the prosecutor from the appointment that is in violation of this section.
Powers and Duties.--In all cases where more than one assistant district attorney is appointed, the district attorney shall designate one 20170SB1005PN1394 - 101 - [of such assistants as his] assistant as the first assistant.
Court May Appoint a District Attorney for the Time Being in Counties of the Third Through Eighth Classes.--It shall be the duty of the court of [quarter sessions] common pleas of any county of the third through eighth classes to appoint a district attorney for the time being, in all cases where the district attorney and [his] the assistants shall be 20170SB1005PN1563 - 102 - absent from the court.
Indictment and Cost Clerk in Counties of the Fourth Class.--The district attorney of any county of the fourth class, in addition to other assistants authorized in this subdivision, may appoint an assistant, [learned in the law] 20170SB1005PN1394 - 102 - licensed to practice law in this Commonwealth, who shall be designated as indictment and cost clerk, to assist the district attorney in the discharge of [his] duties.
(b) In counties of the fifth, sixth, seventh and eighth classes, the district attorney may appoint one chief county detective and such other county detectives as the salary board 20170SB1005PN1563 - 103 - may authorize.
20170SB1005PN1394 - 103 - (d) County detectives shall be general police officers and shall have the powers conferred on constables by the laws of this Commonwealth, so far as they relate to criminal law and procedures[.] and, in counties of the second class A, they shall serve subpoenas in cases in which the Commonwealth is a party in a court of record.
Such salaries and expenses shall be paid by the county as provided by 20170SB1005PN1563 - 104 - law.
Appointment of Special Detective with Approval of Court.--The district attorney of any county may, with the approval of the salary board, whenever the court of [quarter sessions] common pleas and district attorney may deem it necessary for a particular and temporary assignment, appoint a special detective, whose duty it shall be to assist in obtaining such evidence as shall be directed by the district attorney for 20170SB1005PN1394 - 104 - the Commonwealth, and perform such other duties as the court may direct.
The clerk of the courts, eleven thousand five hundred twenty 20170SB1005PN1563 - 105 - dollars ($11,520).
The county commissioners, thirteen thousand five hundred 20170SB1005PN1394 - 105 - dollars ($13,500), each.
20170SB1005PN1563 - 106 - The county treasurer, nine thousand eight hundred forty dollars ($9,840).
20170SB1005PN1394 - 106 - Section 1552.
20170SB1005PN1563 - 107 - The county treasurer, nine thousand six hundred dollars ($9,600).
The clerk of the court of quarter sessions, eight thousand 20170SB1005PN1394 - 107 - four hundred dollars ($8,400).
The county commissioners, nine thousand three hundred fifty 20170SB1005PN1563 - 108 - dollars ($9,350), each.
The county auditors shall each receive twenty dollars ($20) 20170SB1005PN1394 - 108 - for each six hours of work in the discharge of their duties, together with ten cents (10¢) per mile circular from and to their homes once each and every day so employed.
20170SB1005PN1563 - 109 - The annual salary of each county commissioner shall be six thousand dollars ($6,000).
The county auditors shall receive twenty dollars ($20) for each six hours of work in the discharge of their duties, 20170SB1005PN1394 - 109 - together with ten cents (10¢) per mile circular from and to their homes, once, each and every day so employed.
Provided, That if two or more of said offices shall be held by one person, the said auditor shall add together the fees received in the offices so held, and shall charge the same percentage on the aggregate 20170SB1005PN1563 - 110 - amount of fees received by such person holding more than one of said offices.
The fees to be received by the coroner of each county of the seventh class shall, in cases of murder or manslaughter, be paid 20170SB1005PN1394 - 110 - by the slayer, or his estate if recovery can be had, otherwise and in all other cases by the county.
20170SB1005PN1563 - 111 - The county commissioners, in counties having a population of less than twelve thousand (12,000), three thousand three hundred eighty dollars ($3,380) each, and in counties having a population of twelve thousand (12,000) and more, four thousand two hundred ninety dollars ($4,290), each.
The county auditors shall each receive twenty dollars ($20) for each six hours of work in the discharge of their duties, 20170SB1005PN1394 - 111 - together with ten cents (10¢) per mile circular from and to their homes, once, each and every day so employed.
and shall also pay to the county treasurer, for the use of the county, after deducting all necessary clerk hire and office expenses, fifty per centum on the amount of any excess over and above the sum of seven thousand two hundred dollars ($7,200), which shall be found by the said auditor, appointed by 20170SB1005PN1563 - 112 - the court to settle the accounts of county officers, to have been received by any officer in any one year:
20170SB1005PN1394 - 112 - which said report shall thereafter have all the force and effect of, and be subject to the same procedure as applies to, the report of the county auditors.
Insurance and Other Employe Benefits.--In addition to any other authorized compensation, county commissioners and other county officers and their dependents 20170SB1005PN1563 - 113 - shall be eligible for inclusion in group life, health, hospitalization, medical service and accident insurance plans or other employe benefits, or payments made in lieu of such benefits, paid in whole or in part by the county, provided such plans, benefits or payments are offered generally to employes of the county.] Section 29.
ARTICLE XV.2 SALARIES OF COUNTY OFFICERS 20170SB1005PN1394 - 113 - Section 1560.
In addition to any other authorized compensation, county commissioners and other county officers and their dependents shall be eligible for inclusion in group life, health, hospitalization, medical service and accident insurance plans or other employee benefits, or payments made in lieu of such 20170SB1005PN1563 - 114 - benefits, paid in whole or in part by the county, provided such plans, benefits or payments are offered generally to employees of the county.
PAYMENT OF SOLICITORS APPOINTED 20170SB1005PN1394 - 114 - BY COUNTY OFFICERS] Section 1601.
[None of said officers shall receive for his own use or for any use or purpose whatever] No officer shall use fees received for official services for any purpose, except for the use of the [proper] county or [for] the 20170SB1005PN1563 - 115 - Commonwealth[, as the case may be, any fees for any official services whatsoever, except where the statute expressly designates the officer as agent of the Commonwealth and authorizes him to retain a part of such moneys for his own use].
Fees to be Paid to County Treasurer Monthly.--(a) Each [of said officers] officer receiving fees shall keep a system of accounts, the form of which shall be prescribed by the controller, or where such [officer] office does not exist then by the county auditors, in 20170SB1005PN1394 - 115 - which or on which entry shall be made of all the moneys received for fees and of all moneys earned and chargeable upon the county, specifying the day and date, the title of the case, if [any] applicable, for what service, and from whom received.
[He] The officer shall make oath or affirmation before the county controller or the county auditors where the office of controller does not exist that the transcript contains a true and correct list of all the fees received, earned or chargeable upon the county for services 20170SB1005PN1563 - 116 - rendered in [his] the office, either by [himself] the officer, deputies or clerks, during the preceding month that said fees were severally charged and collected at regular rates, and that [he] the officer has not received and is not to receive [from any person or persons whatsoever], for any official services or duty, any other fees than those so entered on said transcript.
(c) It shall be the duty of the county controller, or the county auditors where the office of county controller does not exist, to receive such returns, to audit and verify the returns 20170SB1005PN1394 - 116 - for the preceding month and to charge the county treasurer with the money for fees so paid in.
Penalty for Receiving Gratuities or Percentages.--If any of the officers included in this subdivision shall receive or stipulate to receive from any deputy or clerk or from any person [or persons] awarded any contract [for advertising or any other contract] any sum [or sums] of money as percentage on the salaries of said deputy or clerk or on the amounts or profits of said contract, or any sum [or sums] of money [whatsoever] as compensation for making any of the said appointments or contracts, or shall neglect to render the accounts or to pay over the money received for fees as required by this subdivision, or shall [wilfully] willfully neglect to make any proper entry in the book or books required to be kept, or shall [wilfully] willfully neglect to charge for any official services the fees allowed by law, or shall take to [his] the officer's own use any such fees, or fail to comply 20170SB1005PN1563 - 117 - with any of the provisions of this subdivision, or neglect to discharge any of the duties herein imposed, the same shall be deemed a misdemeanor in office, and, in addition to the other penalties for such offenses, [he] the officer shall, upon conviction thereof, refund the said sum [or sums] of money [thus] unlawfully received, and shall be deemed incapable of holding the said office.
Officers Subject to This Subdivision to be Paid Salaries.--All [county] officers to which this subdivision 20170SB1005PN1394 - 117 - applies[, whether elected by the people or appointed according to law,] and their [several] deputies and clerks, shall be paid for their services by fixed and specific salaries[, which].
Monthly Returns to be Made of Taxes and Fees Due the Commonwealth.--(a) At the same time that monthly returns are made, as required by section [one thousand six hundred two of this act, of the fees received by said officers 20170SB1005PN1563 - 118 - to and for the use of their respective counties for the preceding month] 1602, each of said officers shall make a separate return, to the Department of Revenue, of all taxes or fees collected or earned for the Commonwealth by [him] the officer, if any.
[The amounts so returned by any of said officers, as received by him for the Commonwealth, shall be separately paid by him into the State Treasury through the Department of Revenue, quarterly, on the first Mondays of April, July, October and January, for which he shall take duplicate 20170SB1005PN1394 - 118 - receipts.] Such taxes, fees and other amounts due the Commonwealth shall be paid over, as required but no more often than monthly, unless law or regulation provides otherwise.
They shall be paid the full amount 20170SB1005PN1563 - 119 - allowed them by law, but all fees and emoluments whatsoever that may accrue to any of them by virtue of [his] the office shall be paid by [him] the officer or employe to the county treasurer as directed by law, and all other officers shall be paid the amounts assigned them by law in accordance with the provisions of this subdivision.
Salaries in Lieu of Fees.--Except to the extent this section may be inconsistent with [the provisions of] any other express provision of this act, the salaries fixed and 20170SB1005PN1394 - 119 - provided by law for county officers shall be in lieu of all or any moneys, fees, perquisites, or mileage expenses, and other allowances received or allowed to any such officer, and all such moneys, fees, perquisites, or mileage expenses, and other allowances, not governed by the aforesaid exceptions, shall belong to the county and shall be paid into the county treasury, except where required to be paid to the Commonwealth in the manner provided by this subdivision for fees.
Salary Boards Created.--There is hereby created in each county a salary board, which shall consist of the three individual members of the board of county commissioners and the county controller in counties where there is a controller, or the county treasurer in counties where there 20170SB1005PN1563 - 120 - is no controller.
Revisions of Salary Schedules.--[The] (a) At each annual meeting, the board, 20170SB1005PN1394 - 120 - subject to limitations imposed by law, shall fix the compensation of all appointed county officers, and the number and compensation of all deputies, assistants, clerks and other persons whose compensation is paid out of the county treasury (except employes of county officers who are paid by fees and not by salary), and of all court criers, tipstaves and other court employes, and of all officers, clerks, stenographers and employes appointed by the judges of any court and who are paid from the county treasury.
In the event that any salary board shall fail to fix the number or compensation of any 20170SB1005PN1563 - 121 - such officers, deputies, assistants, clerks or other employes as required by this section, the number and compensation shall continue, as fixed by or pursuant to law[, on the effective date of this act,] with like effect as though the same had been so fixed by the board, but the salary board shall have power to fix any such number or compensation at a later time and with like effect.
Revisions of Salary Schedules.--At each 20170SB1005PN1394 - 121 - annual meeting, the board shall revise the salary schedule so far as it shall deem such action necessary.
(b) Whenever the board shall consider the number or salaries of the court criers or tipstaves or other court employes, the president judge of the court shall sit as a member of the board, as long as any matter affecting the court criers, tipstaves or 20170SB1005PN1563 - 122 - employes of [his] the court is under consideration and no longer.
(2) In counties of the second class A, whenever the board shall consider the number or salaries of the employes of the 20170SB1005PN1394 - 122 - prison board, the president judge of the court of common pleas shall sit as a member of the board, and the board so constituted shall fix the number and salaries of such employes, notwithstanding any general, local or special law to the contrary.
Billing and Collection of Third, Fourth, 20170SB1005PN1563 - 123 - Fifth, Sixth, Seventh and Eighth Class County Taxes.--(a) The county commissioners of each county of the third, fourth, fifth, sixth, seventh and eighth class may, by resolution, provide for the billing and collecting [by the county treasurer] of all county and county institution district taxes levied within a third class city [by the authorities empowered to levy such taxes.] and may, in the resolution, vest the county treasurer with the duties and responsibilities of billing and collecting all the taxes.
The resolution shall be adopted by the county and 20170SB1005PN1394 - 123 - the city treasurer shall be notified of adoption of the resolution no later than the first day for the circulation of nomination petitions for the office of tax collector within the county and shall take effect upon the first day of the next succeeding term of office of tax collector following adoption of the resolution.
[(b) In counties of the third, fourth, fifth, sixth, seventh and eighth class, the county commissioners may provide, by resolution, for the billing and collection of all county and 20170SB1005PN1563 - 124 - county institution district taxes levied in third class cities.
The resolution shall be adopted by the county no later than the first day for the circulation of nomination petitions for the office of tax collector within the county and shall take effect upon the first day of the next succeeding term of office of tax collector 20170SB1005PN1394 - 124 - following adoption of the resolution.
(1) the county treasurer to have the duties and responsibilities of billing and collecting all county and county 20170SB1005PN1563 - 125 - institution district taxes levied within the municipality;
or (3) an agreement with the tax collector in an adjoining or conveniently located municipality to assume the duties of the 20170SB1005PN1394 - 125 - tax collector and receive the compensation that otherwise would be attributable to the billing and collecting of county and county institution district taxes levied within the municipality.
(d) [The] Except as may otherwise be provided in the "Local Tax Collection Law," the compensation of personnel and other expenses of billing and collecting county and institution district taxes pursuant to this section shall be paid out of the 20170SB1005PN1563 - 126 - general fund in the county treasury.
(e) The treasurer shall be governed by the provisions of [the act of May 25, 1945 (P.L.1050) known as] the "Local Tax 20170SB1005PN1394 - 126 - Collection Law" and its amendments.
(2) The controller may only refuse to authorize any fiscal transaction which is, by law, subject to his or her supervision 20170SB1005PN1563 - 127 - or control where it appears that such transaction is not authorized by law, or has not been undertaken according to law, or has not received approval according to law, or as to which [he] the controller desires upon reasonable grounds to investigate for or has already discovered any fraud, flagrant abuse of public office or any criminal act or neglect of any officer or other person of the county relating to their public accounts and transactions.
[He] The controller may at any time require from any such officers or other persons, in writing, an 20170SB1005PN1394 - 127 - account of all assets which may have come into their control.
Accounts of Officers.--The controller shall furnish the commissioners of the county, whenever required by 20170SB1005PN1563 - 128 - them, a detailed account of any officer or other person having in [his] that individual's possession or under [his] that individual's control funds belonging to the county, and shall, during regular office hours, give information respecting any of said accounts to any taxpayer of the county demanding the same.
[He] The controller shall have power and authority to require each and every county officer to make a quarterly statement with respect to moneys in [his] the officer's possession or control as a county officer, showing the amount of cash on hand and the 20170SB1005PN1394 - 128 - amount deposited in banks, banking institutions and trust companies, together with the names of such institutions.
Custody of Documents.--The controller shall have [the] custody of and retain in original or other acceptable form, as provided in the most recent edition of the County Records Manual issued for the County Records Committee by the Pennsylvania Historical and Museum Commission, all title deeds to real estate owned by the county, and [of] all executed contracts entered into by or on behalf of the county, and [of all books, documents and papers] all records relating to its 20170SB1005PN1563 - 129 - financial affairs, and [of] all bonds and other obligations issued by [said] the county, when paid.
20170SB1005PN1394 - 129 - Section 1705.
In counties without a controller, the requirements of this section 20170SB1005PN1563 - 130 - shall be fulfilled by the office of the county commissioners.
Investment of Funds.--(a) [The] (1) In counties of the second class A, the county treasurer shall have the power, subject to subsection (b)(1) and any conditions and limitations in this article, to invest and reinvest the moneys of the general fund and special funds as shall have accumulated beyond the ordinary needs of said various funds, and which are not authorized by law to be invested by any board, commission or county officer, consistent with sound business practice, 20170SB1005PN1394 - 130 - subject, however, to the exercise of that degree of judgment, skill and care under the circumstances then prevailing which persons of prudence, discretion and intelligence, who are familiar with the matters, exercise in the management of their own affairs not in regard to speculation, but in regard to the permanent disposition of the funds, considering the probable income to be derived therefrom as well as the probable safety of their capital.
(2) In counties of the third, fourth, fifth, sixth, seventh, or eighth class, the county commissioners (or any individual other than the commissioners who serves in an elective county office, as to such moneys not otherwise required by law to be invested that [his] the individual's office is required to collect, administer or disburse) shall invest such moneys consistent with sound business practice, subject, however, to the exercise of that degree of judgment, skill and care under the circumstances then prevailing which persons of prudence, discretion and intelligence, who are familiar with such matters, exercise in the management of their own affairs not in regard to speculation, but in regard to the permanent disposition of the funds, considering the probable income to be derived therefrom 20170SB1005PN1563 - 131 - as well as the probable safety of their capital.
County boards, commissions or other county officers 20170SB1005PN1394 - 131 - authorized to make investments under subsection (a)(1) shall make investments in conformity with the board's investment program.
(2) Short-term obligations of the United States Government 20170SB1005PN1563 - 132 - or its agencies or instrumentalities.
(3) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions having their principal place of business in the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so 20170SB1005PN1394 - 132 - insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.
(6) Certificates of deposit purchased from institutions having their principal place of business in the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit 20170SB1005PN1563 - 133 - Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured, however, for any amounts above the insured maximum, such certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and such collateral may include loans (including interest in pools of loans) secured by first mortgage liens on real property.
Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum of a bank's total capital and 20170SB1005PN1394 - 133 - surplus.
20170SB1005PN1563 - 134 - (9) "Commercial paper" and "prime commercial paper" as provided for in subsection (d).] (10) Obligations of the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America including United States Treasury bills, of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth, or of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or 20170SB1005PN1394 - 134 - instrumentalities backed by the full faith and credit of the political subdivision.
20170SB1005PN1563 - 135 - (13) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.
(i) Certificates of deposit purchased from commercial banks 20170SB1005PN1394 - 135 - shall be limited to an amount equal to twenty per centum of a bank's total capital and surplus.
(2) A certification or other evidence that the paper 20170SB1005PN1563 - 136 - proposed to be delivered is not subordinate to any other debt of the issuer.
(5) A certificate or other evidence that the issuer was incorporated within the United States, is transacting business 20170SB1005PN1394 - 136 - within the United States, and has assets of one billion dollars ($1,000,000,000) or more, or is a wholly owned subsidiary of a Pennsylvania corporation having assets of one billion dollars ($1,000,000,000) or more.
(1) To permit assets pledged as collateral under subsection [(c)(3)] (c)(11), to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), entitled "An act standardizing 20170SB1005PN1563 - 137 - the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws;
20170SB1005PN1394 - 137 - (2) To combine moneys from more than one fund under county control for the purchase of a single investment, provided that each of the funds combined for the purpose shall be accounted for separately in all respects and that the earnings from the investment are separately and individually computed and recorded and credited to the accounts from which the investment was purchased.
(f) All income earned on any of the investments shall inure 20170SB1005PN1563 - 138 - to the benefit of the county and shall be placed in the general fund except as otherwise directed by the commissioners or restricted by law.
[He] The controller or 20170SB1005PN1394 - 138 - auditors shall, before the first day of July in every year, make a report, verified by oath or affirmation, to the [Court of Common Pleas of said county] county court of common pleas, unless upon due cause shown the court shall grant an extension of time, of all receipts and expenditures of the county for the preceding year, in detail, and classified by reference to the object thereof, together with a full statement of the financial conditions of the county.
The entire report, which shall include a concise summary, shall be available for public inspection in the office of the controller or auditors during regular business hours and on the official publicly accessible 20170SB1005PN1563 - 139 - Internet website of the county.
(c) The controller shall also, [before the first day of July,] on or before the date required by section 123 of the act of July 10, 1987 (P.L.246, No.47), known as the Municipalities Financial Recovery Act, or the first of July, whichever is 20170SB1005PN1394 - 139 - first, make an annual report to the Department of Community and Economic Development of the financial condition of the county, on forms furnished by the Secretary of Community and Economic Development[, and subject to the penalties provided in section one thousand seven hundred twenty-one of this act for auditors refusing or neglecting to make similar reports.
20170SB1005PN1563 - 140 - (1) Every parole and probation officer, appointed by the court under law, who shall receive from any person money paid under any order, sentence or judgment of any court, and to report the results of the audits to the court which has appointed the officer.
(3) Each magistrate or district justice within the county and report the results of the audits to the county 20170SB1005PN1394 - 140 - commissioners, the Auditor General and to the governing body of each political subdivision which is entitled or has a right to receive any money or funds collected by a magistrate or district justice.
(b) All taxes, penalties, fines and costs collected by the county treasurer and belonging to any taxing district shall be entered and carried in the records of the county in the same manner as county money, shall be audited in like manner, and when paid to the taxing district entitled thereto, as provided by law, payments shall be made on voucher checks in the same 20170SB1005PN1563 - 141 - manner as payments are made of county money.
Financial Report to Department of Community and Economic Development.--(a) The auditors shall audit, settle and adjust the accounts of all county officers of the county, and make an annual report thereof, on or before the first day of the following July, to the court of common pleas, 20170SB1005PN1394 - 141 - unless upon due cause shown the court shall grant an extension of time therefor.
Within the summary of the auditor's or controller's report, there shall be a notice to the public that the entire text of the report shall be available for public inspection during regular business hours in the office of the auditor or 20170SB1005PN1563 - 142 - controller.
20170SB1005PN1394 - 142 - (d) Any auditors refusing or wilfully neglecting to file the report required by this section shall, upon conviction thereof, in a summary proceeding brought at the instance of the Department of Community and Economic Development, be sentenced to pay a fine of five dollars ($5) for each day's delay beyond said first day of July, and costs.
Audit of Accounts of Minor Judiciary.--The controller or county auditors shall annually audit the accounts of every alderman, magistrate or district justice within the 20170SB1005PN1563 - 143 - county and report the results of such audits to the county commissioners, the Auditor General and to the governing body of each political subdivision which is entitled or has a right to receive any moneys or funds collected by any such alderman, magistrate or district justice.
Payments.--All taxes, penalties, fines and costs collected by the county treasurer and belonging to any city, borough, township, incorporated town, school 20170SB1005PN1394 - 143 - district or institution district shall be entered and carried in the books of the county in the same manner as county moneys, shall be audited in like manner, and when paid to the taxing district entitled thereto, as provided by law, such payments shall be made on voucher checks in the same manner as payments are made of county moneys.
Audit of [Miscellaneous] Insurance and 20170SB1005PN1563 - 144 - Escrow Accounts.--For the purposes of this act relating to the auditing of accounts and the purchasing of insurance, money held by any county official in escrow shall be deemed the same as county funds or public money.
Power of Subpoena and Attachment.--The controller or auditors shall have power to issue subpoenas to obtain the attendance of the officers whose accounts they are required to adjust, their executors and administrators, and of any person whom it may be necessary to examine as witnesses, and 20170SB1005PN1394 - 144 - to compel their attendance by attachment, in accordance with the Pennsylvania Rules of Civil Procedure, in like manner and to the same extent as any court of common pleas of this [State] Commonwealth may or can do in cases pending before them, and also to compel in like manner the production of all books, vouchers and papers relative to such accounts.
20170SB1005PN1563 - 145 - Section 38.
The county or Commonwealth, as the case may be, may execute on a final 20170SB1005PN1394 - 145 - judgment under this section against the property of the defaulting officer in accordance with law and rule of court.
No appeal by officers or taxpayers may be allowed, unless within the time of taking the appeal, the appellant secures a bond in the sum of one thousand dollars ($1,000) with sufficient surety, to prosecute the appeal and to pay the costs of appeal, in case, if the appellant is a taxpayer, the appellant fails to obtain a final decision more favorable to the Commonwealth or county than that awarded by the auditors, or, in case, if the appellant is an officer, the appellant fails to 20170SB1005PN1563 - 146 - obtain a final decision more favorable to the officer than that awarded by the auditors.
If the surcharge is upheld on appeal to the court of common pleas, the officer so surcharged shall immediately pay the costs 20170SB1005PN1394 - 146 - and money due to the county, but only to the extent of actual loss.
(2) In the case of an appeal taken by the Commonwealth, the county or taxpayers, if in the opinion of the court the final determination is more favorable to the Commonwealth or county than that awarded by the controller or auditors, the officer who 20170SB1005PN1563 - 147 - is the subject of the surcharge proceeding shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the Commonwealth, county or taxpayers in connection with the surcharge proceeding.
(3) If in the opinion of the court the final determination is in part more favorable to the Commonwealth or county and in part more favorable to the officer involved in the surcharge proceeding than that awarded by the controller or auditors, the court may order the Commonwealth or the county to pay a portion 20170SB1005PN1394 - 147 - of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding or it may order the officer who is the subject of the surcharge proceeding to pay a portion of reasonable attorney fees incurred by the Commonwealth, county or taxpayer in connection with the surcharge proceeding.
All persons having such claims shall first present [the same] the claims to the controller or 20170SB1005PN1563 - 148 - to the county commissioners and, if required, make oath or affirmation before [him or them] the controller or commissioners to the correctness [thereof] of the claims.
[He or they] The controller or commissioners may inquire or ascertain whether any 20170SB1005PN1394 - 148 - officer or agent of the county is interested in the contract under which any claim may arise, or has received or is to receive any commission, consideration or gratuity relating thereto, or whether there has been any evasion of the provisions of this act by making two or more contracts for small amounts which should have been in one.
In such cases facsimiles of their 20170SB1005PN1563 - 149 - signatures may be used.
Every check issued shall include reference to its corresponding bill, claim or demand as well as the number or numbers which may be put upon 20170SB1005PN1394 - 149 - it by the county treasurer.
The county treasurer and the controller in those counties having a controller are authorized 20170SB1005PN1563 - 150 - to use a facsimile signature on any check which they are required to sign.
Claims Not Approved by Controller.--If, upon receipt, the controller does not approve a claim, bill or demand [presented to him, he], the controller shall within [thirty] 20170SB1005PN1394 - 150 - fifteen days forward it to the county commissioners together with [his] notice that [he] the controller has disapproved the claim, bill or demand or is unable to approve the same and [his] the reasons therefor.
Fees of Witnesses and Jurors.--Fees of jurors and witnesses shall be ascertained by the courts of the county entered upon the records thereof and duly certified by their respective clerks to the commissioners being first sworn to or affirmed before the controller or the chief clerk of the 20170SB1005PN1563 - 151 - commissioners as the case may be.
[His 20170SB1005PN1394 - 151 - books] The treasurer's records shall be, at all times during office hours, open to the inspection of the controller and the commissioners, or any of [them] the commissioners in counties having no controller.
In counties having no controller, the treasurer shall render, at least quarterly and oftener, if required, a statement of all moneys received and disbursed since 20170SB1005PN1563 - 152 - [his] the treasurer's last statement, showing the balance remaining in [his] the accounts and the names of the collectors having arrearages in taxes with the amounts thereof.
Moneys Paid for the Redemption of Unseated 20170SB1005PN1394 - 152 - Land Sold for Taxes.--The treasurer shall pay over to his successor in office all moneys paid to him for the redemption of unseated land sold for taxes, which have not been called for by the purchasers at treasurer's sale or their legal representatives during the continuance in office of such treasurer.
(b) (1) Depositories so designated shall, upon receipt of notice of their selection as a depository of county funds, 20170SB1005PN1563 - 153 - [furnish a bond to secure payment of deposits and any interest to the county, secured by a surety company, or by the depositing in escrow of securities to be approved by the county commissioners.
Such bonds shall be in a sum to be fixed by resolution of the county commissioners.] collateralize deposits of public funds in accordance with the act of August 6, 1971 (P.L.281, No.72), 20170SB1005PN1394 - 153 - entitled "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws;
These accounts may be custodied with the 20170SB1005PN1563 - 154 - depository's trust department or at a third-party financial institution.
20170SB1005PN1394 - 154 - (ii) Collateral shall be in investments as prescribed in the investment program provided by the board of investment or board of commissioners.
Withdrawals from such depository shall be only 20170SB1005PN1563 - 155 - drawn by the treasurer, upon properly authorized checks or by other commercially accepted methods of electronic funds transfer which have been specifically approved by the board of commissioners.
20170SB1005PN1394 - 155 - Section 1770.
In fixing the rate of taxation, the county commissioners if the rate is fixed in mills, shall also include in the resolution a statement expressing the rate of taxation in dollars and cents on each one hundred dollars of 20170SB1005PN1563 - 156 - assessed valuation of taxable property.
(a.2) The county commissioners in counties of the second class A shall have the power to levy a tax for institution district purposes and for the payment of the obligations of the predecessor poor districts on real estate, trades, occupations and professions, in the same manner and at the same time as county taxes, annual taxes to pay the current expense of the institution district, none of which shall exceed fifteen mills on the dollar of the last adjusted assessed valuation for county 20170SB1005PN1394 - 156 - purposes.
20170SB1005PN1563 - 157 - In fixing the rate of taxation, the county commissioners, if the rate is fixed in mills, shall also include in the resolution a statement expressing the rate of taxation in dollars and cents on each one hundred dollars of assessed valuation of taxable property.
(1) The rate of taxation fixed for any occupation tax levied by a county [of the fourth, fifth, sixth, seventh or eighth 20170SB1005PN1394 - 157 - class] shall not in any one year exceed twenty mills.
(3) Any county may, by ordinance or resolution, exempt any 20170SB1005PN1563 - 158 - person whose total income from all sources is less than [ten thousand dollars ($10,000)] the dollar amount per annum as provided in section 301.1(b) of the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, from any per capita tax levied under this act.
Additions and Revisions to Duplicates.-- Whenever in any county there is any construction of a building or buildings not otherwise exempt as a dwelling after January first of any year, and such building is not included in the tax 20170SB1005PN1394 - 158 - duplicate of the county, the authority responsible for assessments in the county shall, upon the request of the board of county commissioners, cause to be inspected and reassessed, subject to the right of appeal and adjustment provided by the act of Assembly under which assessments are made, all taxable property in the county to which major improvements have been made after January first, and to give notice of such reassessments [within ten days] in accordance with 53 Pa.C.S.
20170SB1005PN1563 - 159 - Whenever an assessment is made for a portion of a year as above provided, the same shall be added to the duplicate of the following or succeeding year unless the value of the improvements has already been included in said duplicate.
20170SB1005PN1394 - 159 - VII, Subpt.
(3) During the last fifteen days of a fiscal year, authorize the transfer of any unencumbered balance, or any portion thereof, from any county fund to any fund of the institution district, and to reappropriate that money to the institution 20170SB1005PN1563 - 160 - district.
Banks Authorized to Receive Taxes in Counties of the Second Class A.--The county commissioners together with the county treasurer and the county controller in second class A counties shall have authority to designate any bank, savings 20170SB1005PN1394 - 160 - bank, bank and trust company, trust company or national banking association located within the county as a deputy county tax collector, for the sole purpose of receiving and receipting for county taxes paid to the deputy county tax collector at the collector's place of business.
Each institution, before entering upon the duties of receiving and receipting for taxes, shall post security in an amount as determined by the commissioners together with the treasurer and the county controller, to ensure the faithful 20170SB1005PN1563 - 161 - performance of duties and the payment over of all taxes and money received.
(a.1) The commissioners, at least ninety days prior to adopting the budget, shall begin the preparation of the proposed 20170SB1005PN1394 - 161 - budget for the succeeding fiscal year.
20170SB1005PN1563 - 162 - (c) The information requested by the commissioners in accordance with subsection (a.1) or (b) shall be in form and detail as the commissioners direct upon the form or forms furnished, as under this subdivision, by the Department of Community and Economic Development.
20170SB1005PN1394 - 162 - [Section 1781.
20170SB1005PN1563 - 163 - (d) Said statements shall be in such form and detail as the commissioners direct.
Publication of Proposed 20170SB1005PN1394 - 163 - Budget and Notice of Final Action Date.--(a) The proposed budget shall be prepared and adopted [not later than December thirty-first, and notice thereof shall be published, and the proposed budget shall be made available for public inspection for at least twenty days prior to the date set for adopting the budget.
(b) [Should it appear upon] If any revision of the proposed budget[,] is made after it has been published, such that the estimated expenditures in the adopted budget would be increased more than ten per centum in the aggregate [or more than twenty- five per centum in any function] over the proposed budget as made available for public inspection, such revised budget shall 20170SB1005PN1563 - 164 - not be adopted with any such increases therein, unless it be again made available for public inspection, and for protest of such increases, for a period of at least ten days after notice to that effect is published as hereinbefore provided.
[A period of ten days' public inspection at the office of the chief clerk of 20170SB1005PN1394 - 164 - the proposed amended budget, after notice by the chief clerk to that effect is published once in a newspaper as provided in section 110 of this act, shall intervene between the proposed amended budget and the adoption thereof.] The county shall provide public notice by publication in one newspaper that an amended budget has been proposed and is available for public inspection for a period of ten days at a location specified in the notice.
20170SB1005PN1563 - 165 - (b) Notwithstanding the provisions of subsection (a), the [county] commissioners shall have the option to make out and deliver the duplicates of taxes assessed to the respective tax collectors together with their warrant for collection of the same no later than the final date for a school district to make out and deliver the duplicates for school real estate taxes under section 682 of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949." The option authorized by this subsection may be exercised only if the county 20170SB1005PN1394 - 165 - commissioners find that exercise of the option will result in cost savings compared to proceeding under the deadline imposed by subsection (a) and they adopt a resolution that refers to the finding.
No work shall be hired to be done, no materials purchased, no contracts made, and no order issued for the payment of any moneys by the county commissioners, which will cause the sums appropriated to be exceeded.] 20170SB1005PN1563 - 166 - Section 47.
Operating Reserve Fund.--(a) The county commissioners shall have the power to create and maintain a separate operating reserve fund in order to minimize future 20170SB1005PN1394 - 166 - revenue shortfalls and deficits, provide greater continuity and predictability in the funding of vital government services, minimize the need to increase taxes to balance the budget in times of fiscal distress, provide the capacity to undertake long-range financial planning and develop fiscal resources to meet long-term needs.
[or] 20170SB1005PN1563 - 167 - (2.1) to counterbalance potential budget deficits resulting from increases in anticipated costs of goods or services;
(d) The operating reserve fund shall be invested, reinvested 20170SB1005PN1394 - 167 - and administered in a manner consistent with the provisions of section 1706.
The Secretary of Community and Economic Development may call 20170SB1005PN1563 - 168 - meetings of the committee, and shall do so at the request of the secretary of either of said associations, but in every case there shall be at least two weeks' notice to each member of the committee of any such meeting.
Should said committee for any 20170SB1005PN1394 - 168 - reason fail to furnish such cooperation, the Secretary of Community and Economic Development or [his] the secretary's agent shall complete the preparation of the forms.
Commissioners Sole Contractors for County Generally.--(a) [The county] In counties of the third, fourth, fifth, sixth, seventh or eighth class, the commissioners shall 20170SB1005PN1563 - 169 - contract for and purchase all services referred to in section [five hundred eight] 508 and personal property for county officers and agencies.
A copy of all [such] notes and memorandums and all executed written contracts, or electronic copies of executed written contracts, shall be filed in the 20170SB1005PN1394 - 169 - office of the controller, if any, and, if not, then with the chief clerk of the commissioners.
(b.1) Adjustments to the base amounts specified under 20170SB1005PN1563 - 170 - subsections (a) and (b) shall be made as follows:
(2) If the department determines that there is no positive 20170SB1005PN1394 - 170 - percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this subsection.
20170SB1005PN1563 - 171 - (5) The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.
20170SB1005PN1394 - 171 - (7) The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under subsection (a) and written or telephonic price quotations are required under subsection (b), respectively, for the calendar year beginning the first day of January after publication of the notice.
The commissioners may make contracts and purchases for all purposes 20170SB1005PN1563 - 172 - expressly or impliedly authorized by law.
(b) Contracts or purchases in excess of the base amount of 20170SB1005PN1394 - 172 - eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), except those [hereinafter mentioned] specified in subsection (h) and except as provided by the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall not be made except with and from the lowest responsible and responsive bidder submitting a bid in conformity with the specifications approved by the board of commissioners for the contract or purchase, after due notice in one newspaper of general circulation, published or circulating in the county, at least two times at intervals of not less than three days where daily newspapers of general circulation are employed for such publication, or in case weekly newspapers are employed then the notice shall be published once a week for two successive weeks.
The requirements of this subsection need not be followed in cases of emergency, but in such cases the actual emergency shall be declared and stated by resolution of 20170SB1005PN1563 - 173 - the commissioners.
All the figures shall be announced publicly by the chief clerk or the chief clerk's designee and 20170SB1005PN1394 - 173 - referred to the appropriate departments for tabulation without the presence of the commissioners.
The value of personal property transferred to the bidder or his assigns upon execution of the contract shall 20170SB1005PN1563 - 174 - be specified in the bid.
(e) The acceptance of bids by advertising required herein shall be made by the [commissioners] controller, in the case of a county of the second class A, or by the commissioners, in the case of a county of the third, fourth, fifth, sixth, seventh or 20170SB1005PN1394 - 174 - eighth class, and shall only be made by public announcement at the meeting at which bids are opened, or at a subsequent meeting, the time and place of which shall be publicly announced when bids are so opened.
(f) The commissioners may require, as a necessary condition of considering a bid, that any bids advertised be accompanied by 20170SB1005PN1563 - 175 - [cash, by a certified check,] a cashier's check[, bank good faith check] or other irrevocable letter of credit in a reasonable amount drawn upon a bank authorized to do business in this Commonwealth or by a bond with corporate surety in a reasonable amount.
[Whenever it is required that a bid be accompanied by cash, certified check, cashier's check, bank good faith check or other irrevocable letter of credit or bond, no bid shall be considered unless so accompanied.] In the event any bidder shall, upon award of the contract to [him] the bidder, 20170SB1005PN1394 - 175 - fail to comply with the requirements [hereinafter stated] of subsection (g) as to security guaranteeing the performance of the contract, the security furnished under this subsection shall be forfeited to the county as liquidated damages.
Upon failure to furnish such security within the 20170SB1005PN1563 - 176 - time fixed, the previous awards shall be void.
(1) Those for maintenance, repairs or replacements for water, electric light, or other public works of the county where 20170SB1005PN1394 - 176 - they do not constitute new additions, extensions or enlargements of existing facilities and equipment.
(5) Those involving services of members of the medical or legal profession, registered architects, engineers, certified 20170SB1005PN1563 - 177 - public accountants or other personal services involving professional expertise.
20170SB1005PN1394 - 177 - (6.1) Those involving tangible client services provided by nonprofit agencies.
A (relating to intergovernmental cooperation) or other similar local entity of the Commonwealth 20170SB1005PN1563 - 178 - or any other state;
(i) Notwithstanding the provisions of this article to the 20170SB1005PN1394 - 178 - contrary, the [county] commissioners shall have authority to enter into contracts for equipment and services related to technology and information systems on the basis of best value procurement.
(1) The act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act." (2) The act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967." 20170SB1005PN1563 - 179 - (3) The act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law.
(4) The act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act[," the act of October 28, 1983 (P.L.176, No.45), known as the "Antibid-Rigging Act," the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act," the act of November 26, 1978 (P.L.1309, No.317), known as 20170SB1005PN1394 - 179 - the "Public Works Contract Regulation Law," the act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act," the act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law, and the act of April 4, 1984 (P.L.193, No.40), known as the "Motor Vehicle Procurement Act]." (5) The act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act." (6) 62 Pa.C.S.
20170SB1005PN1563 - 180 - (2) The board of commissioners must approve the sharing of any fee or compensation for personal or professional services prior to the performance of said services.
Evasion of Advertising Requirements.--(a) No 20170SB1005PN1394 - 180 - commissioner or commissioners shall evade the provisions of section one thousand eight hundred two of this act, as to advertising for bids or purchasing or contracting for services and personal properties piece-meal, for the purpose of obtaining prices under the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), upon transactions which should in the exercise of reasonable discretion and prudence be conducted as one transaction amounting to more than the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1).
Any [county commissioners] commissioner who so [vote] votes in violation of this provision and who know that the transaction upon which they so vote is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for 20170SB1005PN1563 - 181 - bids shall be, jointly and severally, subject to surcharge for any loss sustained.
(b) Any [county] commissioner who votes to unlawfully evade the provisions of section [one thousand eight hundred two] 1802 of this act and who knows that the transaction upon which he so votes is or ought to be a part of a larger transaction and that 20170SB1005PN1394 - 181 - it is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract entered into as a direct result of that vote.
Thereafter, the commissioners may sell such property in whole or in part for the best price or prices 20170SB1005PN1563 - 182 - obtainable.
The commissioners may sell 20170SB1005PN1394 - 182 - any such property at auction, but the provisions as to notice contained in this section shall be likewise observed as to the holding of auction sales.
A county that has complied with the advertising requirements of this section may provide 20170SB1005PN1563 - 183 - additional public notice of the sale by bids or public auction in any manner deemed appropriate by the commissioners.
County Officers Not to Be Interested in Contracts, Generally.--[Restrictions] (a) Except as provided in subsection (b), restrictions on the involvement of elected and 20170SB1005PN1394 - 183 - appointed county officers in any county contract shall be as prescribed in 65 Pa.C.S.
20170SB1005PN1563 - 184 - (3) Any person violating any of the provisions of paragraph (1) or (2) shall be guilty of a misdemeanor in office, and upon conviction, shall forfeit the office and be sentenced to pay a fine not exceeding five hundred dollars ($500), or to undergo imprisonment for not more than six months, or both.
Application of Contract Provisions.--The provisions of this article shall apply to all the contractual powers of the [county] commissioners contained in this act, or other laws insofar as they are not inconsistent therewith, and 20170SB1005PN1394 - 184 - the mention of powers of contract outside this article shall not be construed as being in disregard of the applicable provisions of this article in relation thereto.
(2) That whenever a collective bargaining agreement shall be in effect between an employer and employes who are represented by a responsible organization which is in no way influenced or controlled by the management, the agreement and the provisions of the agreement shall be considered as conditions prevalent in the locality and shall be the minimum requirements for being 20170SB1005PN1563 - 185 - adjudged a responsible bidder under this act.
(4) The words "prevailing wage rate," as used in this section, shall be construed to mean at least the minimum wages which are received by employes of any printing firm or firms, in 20170SB1005PN1394 - 185 - second class A counties, as a result of collective bargaining agreements negotiated by an employer or employers with a responsible organization representing the employes.
Appropriation of Money or Land for National Guard Armories.--(a) The board of commissioners may, either independently or in connection with any other county, or with 20170SB1005PN1563 - 186 - any city, town, borough, or township, provide and appropriate moneys, or convey land to the Commonwealth of Pennsylvania, to assist the Armory Board of the State of Pennsylvania in the erection, wherever deemed most advantageous by the Armory Board, of armories for the use of the National Guard of Pennsylvania.
(b) The board of commissioners may also furnish water, 20170SB1005PN1394 - 186 - light, or fuel, either or all free of cost to the Commonwealth of Pennsylvania, for use in any armory of the National Guard and may do all things necessary to accomplish such purpose.
(b) Any moneys so appropriated shall be paid by voucher check of the commissioners, drawn to the order of the commanding officer of such company, battalion, regiment or similar organization, only when it shall be certified to the commissioners by the Adjutant General of the State that such 20170SB1005PN1563 - 187 - unit or units have satisfactorily passed the annual inspection provided by law.
The moneys so appropriated shall be used and expended solely and exclusively for the support and maintenance, discipline and training, of the said company, battalion, regiment or similar organization, and the commanding officer shall account, by proper vouchers to the said county each year, for the expenditure of the money so appropriated, and no appropriation shall be made for any subsequent year, until the expenditure of the previous year is duly and satisfactorily 20170SB1005PN1394 - 187 - accounted for.
(b) Burial of Deceased Service Persons 20170SB1005PN1563 - 188 - and Surviving Spouses Section 1908.
(1) Any deceased person who, at the time of his or her death, was serving (whether or not in a combat zone) in the Army, Navy, Air Force, Marine Corps, Coast Guard, or any women's organization officially connected therewith, during any war or armed conflict in which the United States has been, is now or shall hereafter be engaged, or who, at the time of his or her 20170SB1005PN1394 - 188 - death, was serving in a zone where a campaign or state or condition of war or armed conflict then existed, in which the United States was, is or shall be a participant.
(b) The term "legal residence" as used in this subsection, 20170SB1005PN1563 - 189 - shall be construed as synonymous with "domicile" and is hereby defined as actual residence, coupled with intention that it shall be permanent, or a residence presently fixed with no definite intention of changing it, or of returning to a former residence at some future period.
The legal residence of a deceased service person shall be prima facia in the county where he or she made his or her abode at the 20170SB1005PN1394 - 189 - time of his or her death.
It is hereby declared to be the intent of the General Assembly that every deceased service person having a legal residence in this Commonwealth at the time of his or her death shall be entitled to the benefits of this 20170SB1005PN1563 - 190 - section, regardless of where he or she may have died or where he or she may be buried, and that the liability therefor shall be on the county, where the deceased service person shall have had his or her legal residence at the time of his or her death.
(2) Where the deceased service person died and was buried in the county, but at the time of his of her death did not have legal residence within this Commonwealth, if the county commissioners of the county where he or she died are notified in writing by any organization of veterans that the body is 20170SB1005PN1394 - 190 - unclaimed by relatives or friends, and upon investigation shall find such condition to exist.
The county shall not 20170SB1005PN1563 - 191 - contribute any moneys toward the funeral expenses of any spouse of a deceased service person who had remarried after the death of such deceased service person, nor unless application for the payment of such moneys shall be made within one year after the date of the death of such spouse.
Payment.--(a) It shall be the duty of the county to cause a voucher check to be drawn upon the treasury of their county in the sum of seventy-five dollars ($75), or one hundred dollars ($100) if the additional sum of twenty-five 20170SB1005PN1394 - 191 - dollars ($25) is authorized, for each body buried in accordance with the provisions of this subdivision, to be paid out of the funds of the county, and such checks shall be made payable to the applicant or applicants if the application shows that the funeral expenses have been paid, otherwise to the undertaker performing the services with notice to the applicant.
20170SB1005PN1563 - 192 - Section 1912.
Notification of County Commissioners.--The coroners and all other public officers, agents and servants and all officers, agents and servants of any county, city, township, borough, district or other municipality, or of any prison, morgue, hospital, home or other public institution, having the control or custody of the body of the deceased service person whose body is entitled to be buried under the provisions of this subdivision, shall, immediately upon the death or arrival of the body of such deceased service person, notify the county 20170SB1005PN1394 - 192 - commissioners of the county wherein such death occurred, or wherein such deceased service person shall have had his legal residence.
20170SB1005PN1563 - 193 - (c) The manufacturer shall be liable to the county to an amount equal to the sum paid to him by the county for the markers, if the above proportions of metals are not contained in the markers.
(e) No officer, trustee, association, corporation or person 20170SB1005PN1394 - 193 - in control of any cemetery, or a public burying ground, shall have the right to question the composition of such bronze markers, or to require that any of them be chemically analyzed before being placed in the cemetery, or under any circumstances to refuse to permit the erection thereof in the cemetery, or public burying ground, or to charge for making the foundations for the same more than is charged for making similar foundations of the same proportion.
(f) The county commissioners of each county are hereby authorized and directed to place a marker upon the grave of each deceased service person and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise, who, at the time of his or her death, had his or her legal residence in the county, whether or not he or she died in 20170SB1005PN1563 - 194 - the county, and whether or not he or she was buried in the county, and upon the grave of each deceased service person buried in the county, who at the time of his or her death did not have a legal residence within this Commonwealth.
When such markers are upright flag holders they shall consist of cast bronze or 20170SB1005PN1394 - 194 - any other weather resistant material.
(h) Each headstone shall contain his or her name and the rank and organization to which he or she belonged or in which he 20170SB1005PN1563 - 195 - or she served, in letters raised or cut in at least three- sixteenth of an inch deep.
(i) In the event the body of any deceased service person 20170SB1005PN1394 - 195 - either cannot or will not be returned to the United States of America, it shall be the duty of the county commissioners to cause a headstone to be placed in the family plot of such deceased service person.
The expense shall not exceed the sum of one hundred dollars ($100) for each headstone or concrete base or lettering 20170SB1005PN1563 - 196 - or bronze memorial tablet and the county commissioners of each county, acting under this section, shall cause to be drawn a voucher check on the treasury of the county for the payment of said expense in favor of the party or parties furnishing such headstone or concrete base or lettering or bronze memorial tablet.
(k) In cases of dispute concerning the legal residence of a deceased service person, the county in which a deceased service person is buried shall perform the duties hereinbefore set 20170SB1005PN1394 - 196 - forth.
20170SB1005PN1563 - 197 - Section 1915.
Money so appropriated may be expended directly by the county 20170SB1005PN1394 - 197 - commissioners, or paid over to the person, firm, association or corporation owning or controlling any cemetery or burial place in the county where any such grave is situated.
Such proof shall be by the production of an honorable discharge or other official record showing service during any war in which the United States is or was engaged, or by the records of the Department of Defense of the Federal 20170SB1005PN1563 - 198 - Government, or by copies thereof filed in the Department of Military Affairs showing the existence of a campaign or state or condition of war, the participation of the United States therein, and the service of the deceased service person in a zone where such campaign or state or condition of war existed.
(3) In the case of the burial of the surviving spouse of a deceased service person, the death of such surviving spouse, and the fact that the spouse was married to the deceased service 20170SB1005PN1394 - 198 - person at the time of his death, and that the spouse has not since remarried.
20170SB1005PN1563 - 199 - (c) Memorial Observances Section 1921.
A., Inc., and to each post of the American War Veterans of World War II (AMVETS), and to 20170SB1005PN1394 - 199 - each post of the Society of the Twenty-eighth Division, AEF, Incorporated, and to each post of the Italian American War Veterans of the United States, Incorporated, and to each detachment of the Marine Corps League, and to each Naval Association, and to each post of the Grand Army of the Republic, and to each post of the Disabled American Veterans of the World War, and to each organization of American Gold Star Mothers, and to each organization of ex-service persons incorporated under the act of April twenty-nine, one thousand eight hundred seventy-four (Pamphlet Laws 73), and the supplements thereto, in the county, any sum budgeted to aid in defraying the expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day.
Flags to Decorate Graves.--(a) It shall be 20170SB1005PN1563 - 200 - the duty of the county commissioners to provide flags on each Memorial Day with which to decorate the graves of all deceased service persons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise, buried within the county.
The flags to be used for such purposes shall be of one standard size, colorfast and American made, and shall 20170SB1005PN1394 - 200 - be purchased at the expense of the county from moneys in the county treasury.
Director of Veterans' Affairs.--(a) The county commissioners of each county 20170SB1005PN1563 - 201 - are hereby authorized and directed, at the expense of the county, to compile a record of the burial places within such county of deceased service persons.
Such record, so far as practicable, shall indicate the name of each such person, the service in which he or she was engaged, the number of the regiment or company or command, the rank and period of service, the name and location of the cemetery or other place in which his or her body is interred, the location of the grave in such cemetery or other place, and the character of headstone or other 20170SB1005PN1394 - 201 - marker, if any, at such grave.
Any such person, firm, 20170SB1005PN1563 - 202 - association or corporation, except municipal corporations, upon receipt of such blanks or forms, who shall refuse or neglect to fill out and transmit to the county commissioners such blanks or forms within six months after receipt of same, upon conviction thereof in a summary proceeding, shall be sentenced to pay a fine of one hundred dollars ($100).
(e) For the purpose of locating the burial places of persons who have served in the military or naval service or other branches of the combative forces of the United States during any 20170SB1005PN1394 - 202 - war or armed conflict in which the United States was engaged, the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars of the United States, the American Legion, the Disabled American Veterans, the Veterans of World War I of the U.
(1) Assist the county commissioners in administering the provisions of this subdivision which relate to the burial of deceased service persons and their surviving spouses and to 20170SB1005PN1563 - 203 - furnishing markers and placing headstones on their graves.
20170SB1005PN1394 - 203 - (3) Assist the county commissioners in transmitting records of burial places of deceased service persons to the Department of Military Affairs of the Commonwealth, for the use of the Deputy Adjutant General in charge of Veteran Affairs, and otherwise assist the commissioners in cooperating with the said deputy.] Section 52.
Payment to Historical Societies.--The board of commissioners may pay, out of the county funds not otherwise appropriated, a sum of money to a county historical society [or 20170SB1005PN1563 - 204 - to county historical societies], qualified under section 1930, to assist in paying the running expenses.
20170SB1005PN1394 - 204 - Section 1930.
and 20170SB1005PN1563 - 205 - (3) control and operate a museum or other facility related to the history of the county or this Commonwealth which is open to the public at least one hundred (100) days per year.
Provided, however, That such sites shall have been designated by 20170SB1005PN1394 - 205 - the Pennsylvania Historical and Museum Commission as a monument worthy of restoration and preservation:
An educational program will be conducted to include the body of scientific knowledge in agriculture, family living, and resource development and to encourage application of the same.] The board of commissioners may make annual appropriations for 20170SB1005PN1563 - 206 - Cooperative Extension work, in cooperation with the Pennsylvania State University, to support improved methods of agricultural production and management, economic development, family and youth programming and practical instruction and demonstrations, both in-person and online.
Cooperative Extension shall provide counties access to The Pennsylvania State University's science-based information, expertise and education and shall 20170SB1005PN1394 - 206 - continually work to expand access to its Statewide programs through technology channels.
Where more than one such society or association is located in the county, the amount appropriated may be distributed and divided among said societies and associations in such proportions and such amount as the board of commissioners, in its discretion, may determine.] 20170SB1005PN1563 - 207 - The county commissioners are hereby authorized to make additional appropriations annually out of the current revenues of the county to any incorporated agricultural or horticultural society or association regardless of where the same is located within the Commonwealth.
Suppression of Animal and Plant Disease.--The 20170SB1005PN1394 - 207 - board of commissioners is hereby authorized to make appropriations from county funds for the purpose of controlling and suppressing dangerous [infectious disease of livestock and poultry] transmissible diseases of domestic animals and dangerous plant diseases and insect pests and diseases to honeybees, in cooperation with the Department of Agriculture of Pennsylvania.
County Fair Associations in Counties of the Third through Eighth Classes.--The county commissioners in counties of the third through eighth classes may appropriate, annually, out of current revenues, to any incorporated nonprofit agriculture association or any nonprofit county fair association located within the county, for the repair and maintenance of the real estate, buildings and structures within the county used, annually, by the association for county agriculture fairs and exhibitions, whether or not the real estate is owned by the 20170SB1005PN1563 - 208 - county and leased to the association.
Prevention and Control of Floods.--* * * (d) In exercising the powers herein conferred, the county commissioners may, in their discretion, subject to the 20170SB1005PN1394 - 208 - limitation of the Constitution, issue interest bearing bonds of the county in accordance with the provisions of [the Municipal Borrowing Law] 53 Pa.C.S.
"Local emergency" shall have the meaning ascribed to the term 20170SB1005PN1563 - 209 - in 35 Pa.C.S.
Appropriations to Borough Fire Departments and Volunteer Fire Companies.--The board of county commissioners of any county of the seventh or eighth class may [appropriate annually, except as hereinafter provided, a sum not in excess of six hundred dollars ($600),] make an appropriation annually to the fire department of any borough in the county or to any volunteer fire company located within a borough in said county which actually [give] 20170SB1005PN1394 - 209 - gives fire protection to approximately all parts of the county[, or may appropriate up to one-half of such amount to each of two such departments or two such companies or one such department and one such company when each gives fire protection to approximately one-half of the entire county].
Any fire marshal or assistant fire marshals so appointed shall not be assigned duties which will conflict with fire marshals or municipal fire marshals or powers relating to the 20170SB1005PN1563 - 210 - control of fires conferred by law upon the Pennsylvania State Police.
For that purpose, they may 20170SB1005PN1394 - 210 - also contract for the laying of gas lines equipped with such modern appliances and machinery as may be necessary.
20170SB1005PN1563 - 211 - [(j) Law Libraries] Section 55.
Upon the conviction of such 20170SB1005PN1394 - 211 - person, the county commissioners may pay such reward out of the county treasury, but in no case shall the owner of any stolen property be entitled to any of the reward for the detection or apprehension of the person guilty of the larceny.
[Garbage and Refuse Disposal in County Plants.--The county] Municipal Waste Processing and Disposal in County Facilities.--(a) The commissioners of any county shall have the power to operate [garbage and refuse disposal plants or 20170SB1005PN1563 - 212 - facilities, and incinerating furnaces,] or provide for the operation of municipal waste processing and disposal facilities, including municipal waste landfills, resource recovery facilities and recycling facilities, and to enter into agreements or contracts with any person, corporation or political subdivision for the disposal of [garbage and refuse in such facilities, erected and maintained by the county, as provided in Article XXIII of this act] municipal waste in the facilities constructed and maintained by the county, and to 20170SB1005PN1394 - 212 - charge and receive fees for such service.
Board of Visitors for Charitable Reform and Penal Institutions.--(a) The court of common pleas in each county shall, annually, appoint three reputable citizens of the county, on or before the first Tuesday of January, to serve as a 20170SB1005PN1563 - 213 - board of visitors for that year.
(b) The board of visitors of each county shall visit at 20170SB1005PN1394 - 213 - least three times a year all county hospitals, detention homes, children's homes, jails and like institutions of the county, or any agency of the county, or in counties of the third class of the institution district of the county, and all similar institutions and other charitable institutions to which the county appropriates money.
Subdivision (n) heading of Article XIX and 20170SB1005PN1563 - 214 - section 1985 of the act are amended to read:
Appropriations to Industrial Development Agencies by Counties.--The board of commissioners of any county may appropriate, annually, such amounts as may be deemed necessary to any ["industrial development agency," as defined in the act of May 31, 1956 (P.L.1911), known as the "Industrial Development Assistance Law,"] "industrial development 20170SB1005PN1394 - 214 - organization" as defined in section 2301 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act," to assist such agencies in the financing of their operational costs for the purposes of making studies, surveys and investigations, [the compilation of] compiling data and statistics and in the carrying out of planning and promotional programs.
Appropriations for Handling, Storage and Distribution of Surplus Foods.--The board of commissioners [of any county to which this act applies] may appropriate from county funds, or in counties of the second class A and third class from county institution district funds, moneys for the 20170SB1005PN1563 - 215 - handling, storage and distribution of surplus foods obtained either through a local, State or Federal agency.
Food Stamp Program.--The board of 20170SB1005PN1394 - 215 - commissioners of any county to which this act applies may by resolution adopt the food stamp program.
Acquisition, Repair and Maintenance of Historical Property.--The board of commissioners may acquire by purchase or by gift and repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest, which is [either listed in the catalogue of historical sites and buildings in Pennsylvania issued by the Joint State Government Commission, or approved for acquisition 20170SB1005PN1563 - 216 - by the Pennsylvania Historical and Museum Commission as having historical significance.] listed or eligible to be listed in the National Register of Historic Places or designated as historic by resolution of the commissioners.
Contributions to Museums of Fine Art or Natural History.--The board of commissioners may appropriate from county funds money for the purpose of contributing toward the cost of operating, maintaining or carrying out or furthering 20170SB1005PN1394 - 216 - the purposes of institutes or museums of fine art or natural history, or both, located within the county on public property, established by private grant or bequest, open to the public and not used for private or corporate profit.
The board of commissioners may 20170SB1005PN1563 - 217 - independently or in cooperation with any other county or municipality appropriate moneys annually in furtherance of such transportation improvements and, in connection therewith, may also accept on behalf of the county gifts, grants and Federal and State loans.
Funds for Traffic Control Devices.--The board of commissioners may contribute funds to any municipal corporation within the county for the erection and maintenance 20170SB1005PN1394 - 217 - of any traffic signal, as defined in 67 Pa.
Appropriations for [Grants to Aid Certain] Recreation and Historic and Museum Projects.--(a) The board of commissioners of any county may appropriate from county funds moneys for grants to assist [boroughs or townships within the county in the purchase or acquisition of lands or buildings, or both,] municipal corporations and authorities within the county, as well as nonprofit organizations, in the purchase, acquisition, improvement, equipping or landscaping of lands, buildings and facilities, and, in the case of buildings and facilities, demolition of the same, for parks, recreation areas, open space projects and other such outdoor projects and for 20170SB1005PN1563 - 218 - historic [or] and museum projects.
(2) promote outdoor recreation and the acquisition and 20170SB1005PN1394 - 218 - development of facilities related thereto;
Federal Health and Welfare Programs.--Any county may, through the commissioners, enter into agreements with the Federal government, or with any city, borough, town, 20170SB1005PN1563 - 219 - township, nonprofit corporation or association located or carrying on its functions within such county or serving the residents of such county and which city, borough, town, township, nonprofit corporation or association has or is about to contract with the Federal government or with any agency of State government whereby the Federal government will provide a portion of the funds necessary, payable either to the county or State government or directly to the city, borough, town, township, nonprofit corporation or association for any program 20170SB1005PN1394 - 219 - not in conflict with an existing or hereafter established state program offered by the Federal government for the promotion of the health or welfare of its citizens[, including but not limited to the young, the poor and the aged,] and in the furtherance of said programs may comply with conditions, rules or regulations attached by the Federal or State governments.
Provided, That the board of commissioners shall obtain a permit from the Department of Environmental [Resources] Protection whenever such permit is 20170SB1005PN1563 - 220 - required by law:
(b) The board of commissioners may enter into agreements for the regulation of withdrawals and diversions of waters from said dams, reservoirs, wells and other facilities, and the sale of 20170SB1005PN1394 - 220 - the same, subject to approval of State, Federal or interstate agencies which may have primary jurisdiction over water resources.
to assign and pledge 20170SB1005PN1563 - 221 - to such authority rentals, rates and charges charged and collected by it for the use thereof and to assign to such authority its power to collect the same.
[Every such agreement, contract, grant, conveyance, lease, 20170SB1005PN1394 - 221 - transfer, assignment, encumbrance, mortgage and pledge heretofore made to or with any authority organized by any county is hereby ratified, confirmed and made valid and the same shall be and remain lawful, valid and enforceable according to its terms.] (e) Any county may enter into an agreement and contract for the sale of water to any other [county, city, borough, incorporated town, township] municipality, authority or public utility at reasonable and uniform rates to be determined exclusively by it.
(b) The board of commissioners may appropriate annually such 20170SB1005PN1563 - 222 - amount of money as may be deemed necessary to any tourist promotion agency, as defined under the "Tourism Promotion Act," to assist such agencies in carrying out tourism promotional activities.
Parking Facilities.--The board of commissioners of any county may appropriate moneys from the county treasury for the purpose of purchasing, constructing, 20170SB1005PN1394 - 222 - maintaining and operating as a county facility a motor vehicle parking facility, or may create a municipal authority and appropriate moneys to such authority for such purpose, and the county commissioners, or the municipal authority created for such purpose, may lease to any city, borough or township wherein the parking facility is or shall be constructed, or to a parking authority created by the city, borough or township, the land to be used for a parking facility, or a parking facility, for the use, benefit, health, safety and general welfare of the citizens of the Commonwealth.
B (relating to 20170SB1005PN1563 - 223 - indebtedness and borrowing), to provide sufficient moneys for and toward the acquisition, construction, reconstruction, extension, equipping or improvement of an industrial development project or projects, consisting of any building or facility or combination or part thereof occupied or utilized by an industrial, manufacturing, or research and development enterprise now existing or hereafter acquired, including any or all buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, water 20170SB1005PN1394 - 223 - rights, franchises, machinery, equipment, furnishings, landscaping, utilities, railroad spurs and sidings, wharfs, approaches and roadways necessary or desirable in connection therewith or incidental thereto, said bonds to be secured solely by the pledge of the whole or part of the fees, rents, tolls or charges derived from the ownership or operation of such facilities or for the use or services of the same.
102), known as the "Industrial Development Authority Law,"] act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law," with or without consideration, any 20170SB1005PN1563 - 224 - project or any part or parts thereof, or any interest in real or personal property or any funds available for industrial development purposes, including the proceeds of [non-debt] revenue bonds hereafter issued pursuant hereto, for industrial development purposes, and to assign, transfer and set over to any such authority and contracts which may have been awarded for the construction of projects not begun or, if begun, not completed.
The board of commissioners [are] is further empowered to 20170SB1005PN1394 - 224 - enter into any and all contracts or agreements with any such authority and/or with any tenant or proposed tenant of any industrial development project and to do any or all things necessary or proper to effectuate the public purpose of this section.
20170SB1005PN1563 - 225 - (b) In addition to any form of comprehensive, general or umbrella liability insurance, the commissioners may acquire insurance against any form of loss or liability, including crime, fire, natural disaster, errors and omissions of officers or employes, vehicle operation and use of information technology.
Lot and Block System, Generally.--Any county 20170SB1005PN1394 - 225 - of the second class A which, upon the effective date of this section, has adopted and maintains a lot and block system for the registration of land titles, for the accumulation of county tax liens and for the enumeration of the parcels of real estate for the assessment of real estate taxes in one or more political subdivisions of the county may continue to operate a lot and block system until such time as the commissioners deem appropriate.
(b) (1) The district assessors appointed by the county board of assessment appeals, whose assessments are being made within the municipal subdivisions that have had the lot and block system completed therein, shall use the lot and block 20170SB1005PN1563 - 226 - system descriptive numbers in their original books of assessment.
If the deed does not bear the certification by the custodian of the lot 20170SB1005PN1394 - 226 - and block system that the descriptive numbers incorporated in the description of the real estate described therein are correct, then, before transcribing any such deed lacking the certification, the recorder of deeds shall obtain the same from the custodian of the lot and block system.
(6) For the purposes of the sale of real estate for delinquent taxes, either by the sheriff of the county or by the 20170SB1005PN1563 - 227 - commissioners and treasurer of the county, or by the treasurer of any city, borough, town, township or school district, the lot and block system descriptive numbers are hereby declared to be sufficient description for the advertising preceding such sale, for the oral description read at such sale prior to receiving bids and for the purposes of the description to be inserted in any tax deed to be given to the purchaser at such sale.
ARTICLE XIX-A 20170SB1005PN1394 - 227 - MILITARY AND VETERANS AFFAIRS (a) Appropriations for Military Purposes Section 1901-A.
If units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar 20170SB1005PN1563 - 228 - organization.
The money appropriated shall be used and expended solely and exclusively for the support, maintenance, discipline and training of the company, battalion, regiment or similar 20170SB1005PN1394 - 228 - organization, and the commanding officer shall account by proper vouchers to the county each year for the expenditure of the money appropriated.
(b) Restriction.--No money shall be appropriated to a club unless practice on a rifle range by the members of the club is 20170SB1005PN1563 - 229 - with a United States military rifle or arms approved by the Adjutant General.
20170SB1005PN1394 - 229 - (1) A deceased person who, at the time of death, was serving, whether or not in a combat zone, in the Army, Navy, Air Force, Marine Corps, Coast Guard or a women's organization officially connected to those forces, during a war or armed conflict in which the United States has been, is now or shall be engaged, or who, at the time of death, was serving in a zone where a campaign or state or condition of war or armed conflict then existed, in which the United States was, is or shall be a participant.
(2) A deceased person who had served at any time during the person's life and whose separation from service was honorable, whether by discharge or otherwise, or who, at the time of death, was continuing in service after the cessation of the war, armed conflict, campaign or state or condition of 20170SB1005PN1563 - 230 - war during or in which the person served.
"Legal residence." An actual residence, coupled with intention that it shall be permanent, or a residence presently fixed with no definite intention of changing it or of returning 20170SB1005PN1394 - 230 - to a former residence at some future period.
Every deceased serviceperson 20170SB1005PN1563 - 231 - having a legal residence in this Commonwealth at the time of death shall be entitled to the benefits of this section, regardless of where the person may have died or where the person may be interred, and the liability shall be on the county where the deceased serviceperson shall have had legal residence at the time of death.
(2) Where the deceased serviceperson died and was interred in the county but, at the time of death, did not have legal residence within this Commonwealth, if the board 20170SB1005PN1394 - 231 - of commissioners of the county where the person died are notified in writing by an organization of veterans that the body is unclaimed by relatives or friends and, upon investigation, shall find such conditions to exist.
(a) Funeral expenses.--The county shall make a payment in the amount authorized or required under section 1909-A or 1910-A 20170SB1005PN1563 - 232 - for each deceased serviceperson or spouse of a deceased serviceperson in accordance with the provisions of this subdivision, to be paid out of the funds of the county, and payments shall be made payable to the applicant or applicants if the application shows that the funeral expenses have been paid.
(b) Personal representative.--Application for contributions shall be made by the personal representative of a deceased 20170SB1005PN1394 - 232 - serviceperson or a deceased serviceperson's spouse.
(a) Flag holders.--The commissioners of each county shall, from time to time, as they consider expedient, procure appropriate upright flag holders for the graves of deceased servicepersons and the graves of all other deceased persons who 20170SB1005PN1563 - 233 - served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces and whose separation from service was honorable, whether by discharge or otherwise.
(b) Requirement for flag holders.--The commissioners of each county shall place an upright flag holder upon the grave of each deceased serviceperson and the graves of all other deceased 20170SB1005PN1394 - 233 - persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces whose separation from service was honorable, whether by discharge or otherwise who, at the time of death:
(d) Memorial certificate.--In the case of a county of the 20170SB1005PN1563 - 234 - second class A, in lieu of placing an upright flag holder on the grave, if the next-of-kin of a veteran so requests, a memorial certificate may be issued to the next-of-kin of a deceased serviceperson who, at the time of death, had legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county.
20170SB1005PN1394 - 234 - Section 1913-A.
If lettering of an existing memorial is desired by the family, the inscription shall 20170SB1005PN1563 - 235 - include:
(d) Expense for benefit.--The expense for a benefit provided under this section shall be paid for by the county in which the 20170SB1005PN1394 - 235 - deceased serviceperson had legal residence at the time of death, whether or not the person died in the county and whether or not the person was interred in the county.
The county commissioners of each county are authorized to purchase plots of ground in each cemetery or other interment site for the interment of deceased servicepersons whose bodies 20170SB1005PN1563 - 236 - are entitled to be interred under this subdivision.
The county commissioners of each county may ensure that the graves and headstones of all deceased servicepersons and all 20170SB1005PN1394 - 236 - other veterans who are buried in the county receive proper and fitting care and may employ all necessary assistants to carry out the provisions of this section.
20170SB1005PN1563 - 237 - (1) The service of the deceased serviceperson which entitles that person or the surviving spouse to the benefits under this subdivision.
Proof shall be made by the production of an honorable discharge or other official record showing service during a war in which the United States is or was engaged, or by the records of the United States Department of Defense, or by copies filed in the Department of Military and Veterans Affairs showing the existence of a campaign or state or condition of war, the participation of the United States 20170SB1005PN1394 - 237 - and the service of the deceased serviceperson in a zone where a campaign or state or condition of war existed.
(2) Proof of the record of death kept by the attending 20170SB1005PN1563 - 238 - physician.
(c) Satisfaction of proof.--If proof required by this subdivision has been furnished to the county commissioners, no 20170SB1005PN1394 - 238 - further proof of the same facts shall be required in order to obtain any other benefit under this subdivision.
20170SB1005PN1563 - 239 - (10) The Grand Army of the Republic.
(14) Any other nationally chartered veterans' organization or other veterans' organization recognized by 20170SB1005PN1394 - 239 - the county.
(b) Veterans' organizations.--Flags required under this section shall be furnished to the various veterans' organizations in numbers required for their respective 20170SB1005PN1563 - 240 - communities.
(e) Offense.--An authority or person in charge of a cemetery 20170SB1005PN1394 - 240 - who removes or causes the removal of flags prior to the first working day after Independence Day shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of $300 and, upon failure to pay a fine, to undergo imprisonment not to exceed 90 days.
(b) Record blanks.--The county commissioners of each county 20170SB1005PN1563 - 241 - shall ensure that record blanks are prepared, according to forms prescribed by the Department of Military and Veterans Affairs, whereby the information required for the record may be transmitted to the commissioners upon request.
(c) Certificate required.--Every person, firm, association or corporation, including a municipal corporation, owning or controlling a cemetery or interment site in this Commonwealth which inters bodies of deceased servicepersons shall file with the county director of veterans' affairs of the county in which 20170SB1005PN1394 - 241 - the cemetery is located a certificate, on the record blanks provided by the county commissioners, of the facts required for the record if the facts are within the knowledge of the person, firm, association or corporation or a designated agent.
(e) Location of interment sites.--For the purpose of locating the interment sites of persons who have served in the armed forces of the United States during a war or armed conflict in which the United States was engaged, any veterans' organization listed in section 1921-A(a) or otherwise recognized by the county is authorized, without expense to the county, to collect the required data and prepare and file with the county 20170SB1005PN1563 - 242 - commissioners certificates embodying the information required under this section.
(f) Written notice.--Notwithstanding any provision to the contrary, any organization that accepts remains under section 506.2 of the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953, which allows certain veterans' service organizations to claim the remains of certain deceased veterans, shall give written notice of the location and manner of the final disposition of the remains to the county director 20170SB1005PN1394 - 242 - of veterans' affairs of the county in which the final disposition of the remains is made.
20170SB1005PN1563 - 243 - (4) Perform other duties provided by statute, including, but not limited to, the duties required under 51 Pa.C.S.
20170SB1005PN1394 - 243 - Section 2101.
The county, or each county in the case of joint 20170SB1005PN1563 - 244 - arrangements, shall separately be liable to pay the cost of the care and treatment of its indigent patients and those unable to pay the entire cost of care and treatment in such contagious disease hospitals, and in buildings, wings and units at general hospitals, and for such purposes any county, or the counties so joining, shall have power to appropriate county funds.
Administration of County and Joint County Hospitals.--After any county hospital for contagious diseases is erected and equipped and ready for occupancy, it shall be 20170SB1005PN1394 - 244 - operated by and under the authority of the county commissioners of the county in the same manner that other county buildings and institutions are operated, and in the case of joint county hospitals, the operation shall be in the manner provided in the agreement between the counties.
Advisory Board for County Hospital for Tuberculosis.--(a) If a majority of the electors voting upon the question submitted to them, pursuant to the provisions of this act, at an election, shall be in favor of the establishment of a hospital by the county for treatment of persons afflicted with tuberculosis, the court of common pleas of the county shall immediately appoint an advisory board of five members, all of 20170SB1005PN1563 - 245 - whom shall be electors of the county and one of whom shall be a licensed physician.
The board shall visit and inspect 20170SB1005PN1394 - 245 - and keep in close touch with the management and operation of said hospital, and shall, from time to time, make such recommendations and suggestions to the county commissioners for changes or improvements in said management and operation as may be deemed advisable.
20170SB1005PN1563 - 246 - Section 2115.
Use of Hospital.--Every hospital established under the provisions of this act for the treatment of tuberculosis shall be used for the benefit of all inhabitants 20170SB1005PN1394 - 246 - afflicted with tuberculosis resident within the county in which the hospital is located, and all such persons shall be entitled to occupancy, nursing, care, treatment and maintenance according to the rules and regulations prescribed by the county commissioners.
Authority is hereby conferred upon all counties in 20170SB1005PN1563 - 247 - the Commonwealth to pay to any other county in which such hospital is located reasonable charges for patients cared for by said hospital resident in the county paying such charges.
County commissioners are authorized and empowered to receive contributions, donations, property and trust funds for the erection and maintenance of such hospitals 20170SB1005PN1394 - 247 - as provided in this act.
Hospitals for Tuberculosis Established Under Other Laws.--In any county where any hospital for tuberculosis has been begun or erected under the provisions of any act of Assembly heretofore repealed, such proceedings and hospital may be completed and the said hospital may thereafter be managed and operated in accordance with the provisions of this act.] 20170SB1005PN1563 - 248 - Section 73.
Appropriations to Hospitals[, Tuberculosis Sanitaria], Health Clinics and Homes.--The [board of] commissioners may [appropriate moneys for the] make appropriations to support [of any] a hospital or health clinic or comparable facility, [located within or without the limits of such county] which is engaged in charitable work and extends treatment and medical attention to residents of [such] the county, and may also appropriate moneys for the support of any 20170SB1005PN1394 - 248 - home or place of detention of dependent, delinquent and neglected children located within the county[, and may also appropriate moneys for the support of any sanitarium for the treatment of persons afflicted with tuberculosis located within the Commonwealth of Pennsylvania, which sanitarium is engaged in charitable work and extends treatment and medical attention to residents of such county].
The board of commissioners shall at all times have free access to such sanitarium for inspection of its management and for the ascertainment of the number of indigent persons receiving 20170SB1005PN1563 - 249 - treatment therein.] Section 75.
Aid to [Boroughs and Townships] Municipal Corporations for Sewage Purposes.--The [board of county] commissioners may [appropriate moneys from the county treasury] make appropriations to aid [cities of the third class, boroughs, incorporated towns or townships] municipal corporations in the construction or maintenance of sewers or [sewage treatment works] waste water treatment facilities[, where such sewers and 20170SB1005PN1394 - 249 - treatment works have been first approved by the Sanitary Water Board of the State Department of Health in the manner provided by law] if the project has received all necessary approvals or permits from the Department of Environmental Protection.
The necessary expenses actually incurred by the secretary and his deputy, in 20170SB1005PN1563 - 250 - compliance with this section, shall be allowed and paid by the Commonwealth as a part of the expenses of the Department of Agriculture.
He shall furnish the said commissioners with such surveys, maps, information and advice as they may require for the prosecution of their work or as in his opinion will be of advantage in connection therewith.] (b) The county commissioners of counties of the third through eighth class shall have power to eliminate [all] breeding places of mosquitoes[,] on private or public 20170SB1005PN1394 - 250 - property[,] within the county [and to do and perform].
If, at the expiration of such period, such order has not been complied with, or if the owner or owners of such lands cannot be ascertained or found, the commissioners shall, at once, abate said nuisance and may assess all or part of the cost 20170SB1005PN1563 - 251 - of such abatement against the lands on which such breeding place exists.
Not to Affect Public Water Supply.--No order of abatement shall authorize, nor shall the county commissioners employ, any method of extermination which shall in [anywise effect] any way affect waters used and useful in the supply of 20170SB1005PN1394 - 251 - water to the public, whether by a municipality or a water supply company.
20170SB1005PN1563 - 252 - "Institution district" means a county institution district managed by the commissioners of the county.
20170SB1005PN1394 - 252 - "Public charge" means a person who is unable to maintain himself and who requires and receives aid from the Commonwealth or from any political subdivision thereof.
20170SB1005PN1563 - 253 - (2) To pay the necessary expenses of land and buildings for the care of dependents and farms.
(1) To care for any dependent [having a settlement] in the 20170SB1005PN1394 - 253 - county, who is not otherwise cared for[:
(6) To contract with any individual, association, corporation, institution or governmental agency for the purpose 20170SB1005PN1563 - 254 - of providing foster home care for persons over eighteen years of age.
(7) To require that any person cared for in an institution as defined herein shall pay for the cost of his care to the 20170SB1005PN1394 - 254 - extent of his available resources.
Treatment of Persons in Danger of Hydrophobia.--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall provide, with approved medical care and proper attendance (including the so-called Pasteur treatment, where prescribed), all indigent persons settled within their district who may be assumed to be in danger of suffering from hydrophobia or rabies by reason of 20170SB1005PN1563 - 255 - having been bitten by an animal believed to have been suffering from the disease, and to order payment of the expenses so incurred out of the funds of the county for the care of dependents.] Section 79.
Powers and Duties of County Commissioners as to Children.--The county commissioners of any county of the fourth, fifth, sixth, seventh or eighth class shall have the 20170SB1005PN1394 - 255 - power and for the purpose of protecting and promoting the welfare of children and youth, it shall be their duty to provide those child welfare services designed to keep children in their own homes, prevent neglect, abuse and exploitation, help overcome problems that result in dependency, neglect or delinquency, to provide in foster family homes and child caring institutions adequate substitute care for any child in need of such care and upon the request of the court, to provide such services and care for children and youth who have been adjudicated dependent, neglected or delinquent.
Contributions for Medical Care.--The commissioners of each county of the fourth, fifth, sixth, seventh or eighth class shall have the power to make annual appropriations from the funds of the county for the support of any public institution operated, or to any nonprofit corporation 20170SB1005PN1563 - 256 - organized, to give medical care to the dependents and children of the county [without discrimination as to membership in any organization or as to race or sect].
20170SB1005PN1394 - 256 - Section 2172.
Payments by County Commissioners for Assistance.--The county commissioners shall pay monthly to the 20170SB1005PN1563 - 257 - Department of [Public Welfare] Human Services, as such county commissioners payment for assistance, the amount expended by the department during the preceding month as assistance on behalf of patients receiving public nursing home care in a county medical institution, and on behalf of children in foster family homes and child-caring institutions, plus the cost of administering such assistance, minus the amount of Federal funds properly received or to be received by the Department of [Public Welfare] Human Services on account of such expenditures increased or 20170SB1005PN1394 - 257 - reduced, as the case may be, by any amount by which the sum paid for any previous month differed from the amount which should have been paid for such previous month and by the proportionate share of refunds of such assistance as provided in the ["Public Assistance Law."] act of June 13, 1967 (P.L.31, No.21), known as the "Human Services Code." The Department of [Public Welfare] Human Services shall certify to the county commissioners the amount to be paid by them to the department.
If neither parent's 20170SB1005PN1563 - 258 - settlement coincides with the family residence, the child's settlement shall be in the place of the child's birth.
A settlement is lost only by acquiring a new one, except that a person who has settlement in this Commonwealth, and who is residing in another state, shall be deemed to have lost settlement in this Commonwealth if a person from such other state, in like circumstances, could have acquired settlement in 20170SB1005PN1394 - 258 - this Commonwealth by residence in this Commonwealth, as hereinafter provided;
After age sixteen and before age eighteen, a minor of sufficient mental ability to 20170SB1005PN1563 - 259 - make a bargain may become emancipated by his own acts or the acts of the parent, stepfather or stepmother having had the custody.
The settlement of such a person shall at all times during mental disability be 20170SB1005PN1394 - 259 - ascertained as provided in clauses (8) and (9) of this section for the settlement of minors not emancipated.
(11) If a person becomes a public charge in a county other than the one in which settled, such county, if he be a 20170SB1005PN1563 - 260 - dependent, otherwise the Commonwealth, shall be liable for support until the county, state or country of settlement is discovered, and removal to such county, state or country takes place.
Removal to County of Settlement.--In case any person does not have a settlement in the county of the fourth, fifth, sixth, seventh or eighth class wherein he has become, or 20170SB1005PN1394 - 260 - is likely to become, a dependent, it shall be the duty of the county commissioners to notify the county commissioners of the county of his settlement of the facts.
Upon the hearing and argument 20170SB1005PN1563 - 261 - before the court, it shall be lawful for either of the parties to the issue to except to any decision of the court upon any point of evidence or law, which exception shall be noted by the court and filed of record as in civil cases.
Liability for Costs.--In case an order of removal is granted by any court of quarter sessions, the court, in the same order, shall require the county of settlement to pay 20170SB1005PN1394 - 261 - the petitioners the cost of the proceedings, the expense of removal, and the proper charges for the care of the dependent, from the date of the notice first above provided for, all of which expense, cost, and charges shall be ascertained and allowed by the court.
[Such expenses may include maintenance fees, if any, and transportation or mileage, if use of personal automobile is authorized.] Each person attending a training course or conference shall submit an itemized account of expenses related to the event according to the provisions of 20170SB1005PN1563 - 262 - section 446.
Provided, That whenever 20170SB1005PN1394 - 262 - there is a board of health in any city, borough or township of the county, the rules and regulations of any such board of health shall supersede any rules and regulations of the county board in any particular matter where such rules and regulations are more stringent.
The board of county commissioners, after due notice and hearing, may remove members of the board 20170SB1005PN1563 - 263 - for official misconduct or neglect of duty.
The secretary shall take the aforesaid oath and shall give a fidelity bond 20170SB1005PN1394 - 263 - with corporate surety to the county in such amount as the board of county commissioners requires.
Duties of Health Officer.--It shall be the duty of the health officer to attend all stated and special 20170SB1005PN1563 - 264 - meetings of the board of health and to be available for the prompt performance of his official duties at all times.
He shall serve written notice on teachers and persons in charge of public, parochial, Sunday and other schools, requiring the exclusion from school of children who are suffering from, or 20170SB1005PN1394 - 264 - who reside with persons who are suffering from, communicable diseases, and shall make sanitary inspections, and shall execute the orders of the board of health and all other laws, rules and regulations and orders pertaining to his office.
and the boards shall make all such rules 20170SB1005PN1563 - 265 - and regulations as to it appear proper for the preservation or improvement of the public health, consistent with this article and the laws of the Commonwealth.
(1) To employ agents and employes at such rates or salaries 20170SB1005PN1394 - 265 - as the salary board shall approve.
To fix the 20170SB1005PN1563 - 266 - number of such police and the duration of their service and to have the exclusive control and direction of them.
(8) To certify to the board of county commissioners expenditures in excess of the board of county commissioner's 20170SB1005PN1394 - 266 - appropriations therefor, necessarily incurred by the board by reason of an epidemic, or upon approval of the board of county commissioners for any other immediate and serious peril to public health.
Any person who shall erect or operate any such establishment or repository in the county without the permission of the board of health, or in violation of its regulations pertaining thereto, shall forfeit and pay to the county the sum of three hundred dollars ($300) for every such offense, and the like amount for each months's continuance thereof, to be collected by an action 20170SB1005PN1563 - 267 - before any alderman or justice of the peace, and shall also be subject to indictment for the common law offense of creating and maintaining a nuisance.
The board of county 20170SB1005PN1394 - 267 - commissioners may prohibit any such keeping or slaughtering which the board certifies to it as detrimental, or the board may issue permits in accordance with regulations adopted by it for the keeping of such animals or fowls within the county or parts thereof.
20170SB1005PN1563 - 268 - Section 2193.1.
Prohibition of Political Activity.--No person appointed to any position or employed by a county board of health shall be a member of or delegate or alternate to any political convention, nor shall he participate at any such convention, except in the performance of his official duty or as a visitor, nor shall he serve as a member of any committee of any political party, or take an active part in political management or in political campaigns, or use his office or position to influence political movements or to influence the 20170SB1005PN1394 - 268 - political action of any officer or employe in the classified service, nor shall he circulate or seek signatures to any nominations or other petition required by any primary or election law, nor shall he seek or accept election, nomination or appointment as an officer of a political club or organization, or serve as a member of a committee of any such club or organization, nor shall he in any manner participate in or interfere with the conduct of any election or the preparation therefor at the polling place or with the election officers while counting the votes or returning the election material to the place provided by law for that purpose, save only for the purpose of making and depositing his own ballot as speedily as it reasonably can be done, nor shall he be within the polling place or within fifty feet thereof, except for the purpose of carrying out official duties and of ordinary travel or residence during the period of time beginning with one hour preceding the opening of the polls for holding such election and ending with the time when the election officers shall have finished counting the votes and have left the polling place for the purpose of depositing the election material in the place provided by law for that purpose, excepting only police officers, who may 20170SB1005PN1563 - 269 - temporarily approach or enter the polling place in order to make any arrest permitted by law or for the purpose of preserving order and in each case remain only long enough to accomplish the duties aforesaid after which the said officers shall at once withdraw:
20170SB1005PN1394 - 269 - Section 2193.2.
No person shall take part in preparing any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected 20170SB1005PN1563 - 270 - from any officer or employe of a county board of health, and no person shall knowingly send or present, directly or indirectly, in person or by letter, any political assessment, subscription or contribution to, or request its payment by, any officer or employe of a county board of health.
20170SB1005PN1394 - 270 - Section 2195.
Should conditions exist which constitute a menace to the health of the people of 20170SB1005PN1563 - 271 - the county, the State Secretary of Health may, after giving notice which is reasonable under the particular circumstances, take charge of the county board of health during the existence of such menace of which remedial action has not been taken by the board of health.
Definition.--Any condition or usage whatsoever in or about the buildings, structures or land, or the streets or private ways and places, or elsewhere within the county of the third class, whether public or private, which the board of 20170SB1005PN1394 - 271 - health shall find to be detrimental to the public health is hereby declared to be a public nuisance.
Notice of such order, bearing the official title of the board and the number of days for compliance therewith and the alternative remedy of the board in case of non-compliance, shall be served upon the person, if any, whom the board deems responsible therefor or concerned therein, and upon the owner or abutting owner of the land, premises or other places whereon such 20170SB1005PN1563 - 272 - nuisance is or is about to be, if any.
20170SB1005PN1394 - 272 - (3) The board's order with respect to the nuisance or anticipated nuisance;
The board shall enter upon its minutes such facts and proofs as it may receive, and its proceedings on 20170SB1005PN1563 - 273 - such hearing and thereafter may rescind, modify or reaffirm its order and require execution of the original or of a new or modified order, as it shall determine and direct.
20170SB1005PN1394 - 273 - Section 2199.1.
and upon non-payment of such charges, the 20170SB1005PN1563 - 274 - county may file a lien therefor upon the affected premises in the name of and for the use of the county, as provided by law for municipal claims, in addition to the other remedies available for the collection of debts due the county.
Penalties.--Any person violating any 20170SB1005PN1394 - 274 - provision of this subdivision or any order of the board of health made under the authority of this subdivision, or of any law or ordinance therein referred to or authorized, or who shall obstruct or interfere with any person in the execution of any order of said board, or wilfully and illegally omit to obey any such order, shall upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding one hundred dollars ($100) or undergo imprisonment not exceeding ninety days, or both.] Section 83.
Administration of Hospitals.--Any hospitals owned by or leased to the county [under this subdivision (h)] may be operated by and under the authority of the county commissioners of the county in the same manner that other county 20170SB1005PN1563 - 275 - buildings and institutions are operated or may be subleased to the governing body of any general hospital within the county for operation by such governing body.
Use of Hospital.--Every hospital owned by or leased to the county [under the provisions of this subdivision (h)] shall be used for the benefit of all inhabitants resident within the county in which the hospital is located, and all such persons shall be entitled to occupance, nursing, care, treatment and maintenance according to the rules and regulations 20170SB1005PN1394 - 275 - prescribed by the county commissioners.
(relating to transportation), a county may establish, construct and provide 20170SB1005PN1563 - 276 - for [air navigation facilities] airports in accordance with the provisions of this article.
20170SB1005PN1394 - 276 - (b) Any county may appropriate for the purposes of any [air navigation facilities] airport, any lands purchased by it at any tax sale and not redeemed within the period of redemption, if any, provided by law.
(b) The title acquired by virtue or any such condemnation [shall] may be a title in fee simple or any lesser estate, 20170SB1005PN1563 - 277 - including an easement for aviation or any other purpose.
[Leases for Aeronautical Purposes] Agreements for Airport Facilities.--Any county acquiring land for any [aeronautical] airport purposes may [lease the same or part thereof for an] enter into agreements in the form of a lease, permit, license, concession or otherwise, for the use of all or a part of the land, for adequate consideration, after due public notice to any [individual or corporation] person desiring to use the same for the purposes of taking off or landing an airplane, 20170SB1005PN1394 - 277 - or for other [aeronautical] aviation purposes, or for any nonaviation purpose, on such terms and subject to such conditions and regulations as may be provided.
Leasing.--Any county acquiring land for any [aviation] airport purpose may operate and maintain such [air navigation] facilities jointly with any [city, county, borough, town or township] municipal corporation or other political subdivision, upon such terms and conditions as may be agreed upon between the authorities thereof and the county commissioners [of the county], and such joint facilities may be operated and leased, as hereinbefore provided, upon the joint action of the authorities involved and the county 20170SB1005PN1563 - 278 - commissioners.
20170SB1005PN1394 - 278 - Section 2207.
Validation of Contracts.--Any contracts [heretofore entered into] executed prior to July 28, 1953, in the case of counties of the second class A, and August 9, 1955, for counties of the third through eighth class, for construction and repair of roadways, runways, buildings and facilities or the purchase thereof within or for use within the limits of land acquired for the establishment and operation of airdromes or 20170SB1005PN1563 - 279 - landing fields, without first having obtained the approval of the court of quarter sessions or grand jury of any county and entered into as provided for the general business of the county or other political subdivisions jointly interested, are hereby ratified, confirmed, approved and declared lawful contracts.
Appropriating Money to Assist Political Subdivisions and Municipality Authorities for Airports in certain counties.--The county commissioners of any county may appropriate moneys to assist any [city, borough, town, township] 20170SB1005PN1394 - 279 - municipal corporation or other political subdivision, or municipality airport authority, within such county or within any adjacent county to acquire, establish, operate and maintain any and all [air navigation] airport facilities.
(b) Airport facilities financed by the issuance of revenue bonds as provided under this section may be leased by the 20170SB1005PN1563 - 280 - county, in whole or in part, to a lessee or lessees for a period of years equal in time to the period of maturity of the bonds so issued.
(d) Nothing in this section shall be construed as modifying or restricting the power of any county of the third through eighth class to incur debt for the acquisition, construction, 20170SB1005PN1394 - 280 - reconstruction, extension or improvement of airport facilities, including, but not limited to, airports, terminals, hangars, parking areas and all other facilities either necessary thereto or appropriate therefor, to the extent such power exists on the effective date of this subsection.
(1) Each of the nine members shall be residents of the 20170SB1005PN1563 - 281 - county in accordance with the following:
20170SB1005PN1394 - 281 - (iii) Finance.
Show all 500 changed rows (460 more)
Action History
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Approved by the Governor
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Presented to the Governor
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Signed in House
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Signed in Senate
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Senate concurred in House amendments
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Re-reported on concurrence, as committed
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Referred to RULES AND EXECUTIVE NOMINATIONS
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Third consideration and final passage
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Re-reported as committed
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Re-referred to APPROPRIATIONS
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PN 2026 Second consideration, with amendments
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Removed from table
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Laid on the table
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First consideration
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PN 1896 Reported as amended
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Referred to LOCAL GOVERNMENT
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Third consideration and final passage
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PN 1782 Amended on third consideration
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Re-reported as committed
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Re-referred to APPROPRIATIONS
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Second consideration
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First consideration
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PN 1563 Reported as amended
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PN 1394 Referred to LOCAL GOVERNMENT
Sponsors
- Blake · Cosponsor
- Eichelberger · Primary
- Judith L. Schwank · Cosponsor
- Mcgarrigle · Cosponsor
- Scott E. Hutchinson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 248 not signed on
Sponsors (1)
- Eichelberger
Co-sponsors (4)
- Blake
- Judith L. Schwank Democratic
- Mcgarrigle
- Scott E. Hutchinson Republican
Not signed on (248)
248 members have not signed on to this bill.
Show all 248 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 0 | 0 | 0 |
| Republican | 13 | 0 | 0 | 0 |
| Democratic | 8 | 0 | 0 | 0 |
| Total | 49 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (49)
| Member | Party | Vote |
|---|---|---|
| ALLOWAY | — | Yea |
| AUMENT | — | Yea |
| BLAKE | — | Yea |
| BREWSTER | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| DINNIMAN | — | Yea |
| DISANTO | — | Yea |
| EICHELBERGER | — | Yea |
| FARNESE | — | Yea |
| FOLMER | — | Yea |
| GORDNER | — | Yea |
| GREENLEAF | — | Yea |
| KILLION | — | Yea |
| LEACH | — | Yea |
| MCGARRIGLE | — | Yea |
| MCILHINNEY | — | Yea |
| MENSCH | — | Yea |
| RAFFERTY | — | Yea |
| REGAN | — | Yea |
| RESCHENTHALER | — | Yea |
| SABATINA | — | Yea |
| SCARNATI | — | Yea |
| SCAVELLO | — | Yea |
| VULAKOVICH | — | Yea |
| WARD | — | Yea |
| WILLIAMS | — | Yea |
| YUDICHAK | — | Yea |
| Art Haywood | Democratic | Yea |
| Christine M. Tartaglione | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Lisa M. Boscola | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Wayne D. Fontana | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Martina A. White | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 18 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (18)
| Member | Party | Vote |
|---|---|---|
| ALLOWAY | — | Yea |
| FARNESE | — | Yea |
| FOLMER | — | Yea |
| GORDNER | — | Yea |
| MCGARRIGLE | — | Yea |
| MCILHINNEY | — | Yea |
| RESCHENTHALER | — | Yea |
| WILLIAMS | — | Yea |
| CORMAN | — | Yea |
| SCARNATI | — | Yea |
| Jay Costa | Democratic | Yea |
| Lisa M. Boscola | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Wayne D. Fontana | Democratic | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Martina A. White | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 106 | 0 | 0 | 12 |
| Republican | 43 | 0 | 0 | 3 |
| Democratic | 34 | 0 | 0 | 3 |
| Total | 183 | 0 | 0 | 18 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (201)
| Member | Party | Vote |
|---|---|---|
| BARRAR | — | Yea |
| BLOOM | — | Yea |
| BOBACK | — | Yea |
| CHARLTON | — | Yea |
| CHRISTIANA | — | Yea |
| CORBIN | — | Yea |
| CORR | — | Yea |
| COX | — | Yea |
| DIGIROLAMO | — | Yea |
| DOWLING | — | Yea |
| ELLIS | — | Yea |
| ENGLISH | — | Yea |
| EVERETT | — | Yea |
| E GABLER | — | Not Voting |
| GILLESPIE | — | Yea |
| GODSHALL | — | Yea |
| HAHN | — | Yea |
| HARPER | — | Yea |
| HARRIS, A. | — | Yea |
| HELM | — | Yea |
| HENNESSEY | — | Yea |
| HICKERNELL | — | Yea |
| HILL | — | Yea |
| KAMPF | — | Yea |
| KELLER, F. | — | Yea |
| KELLER, M.K. | — | Yea |
| KNOWLES | — | Yea |
| LEWIS | — | Yea |
| MACKENZIE | — | Yea |
| E MAHER | — | Not Voting |
| MARSICO | — | Yea |
| MASSER | — | Yea |
| MCGINNIS | — | Yea |
| METCALFE | — | Yea |
| E MICCARELLI | — | Not Voting |
| MILLARD | — | Yea |
| MILNE | — | Yea |
| MURT | — | Yea |
| MUSTIO | — | Yea |
| NELSON | — | Yea |
| NESBIT | — | Yea |
| E O'NEILL | — | Not Voting |
| PEIFER | — | Yea |
| E PYLE | — | Not Voting |
| QUIGLEY | — | Yea |
| QUINN, C. | — | Yea |
| QUINN, M. | — | Yea |
| REED | — | Yea |
| REESE | — | Yea |
| ROE | — | Yea |
| RYAN | — | Yea |
| SACCONE | — | Yea |
| SANKEY | — | Yea |
| SANTORA | — | Yea |
| SAYLOR | — | Yea |
| SIMMONS | — | Yea |
| SONNEY | — | Yea |
| STEPHENS | — | Yea |
| TALLMAN | — | Yea |
| TAYLOR | — | Yea |
| TOBASH | — | Yea |
| TOEPEL | — | Yea |
| TOOHIL | — | Yea |
| WARD | — | Yea |
| E WATSON | — | Not Voting |
| WHEELAND | — | Yea |
| BARBIN | — | Yea |
| BROWN, V. | — | Yea |
| CALTAGIRONE | — | Yea |
| CRUZ | — | Yea |
| DEAN | — | Yea |
| DELISSIO | — | Yea |
| DELUCA | — | Yea |
| DERMODY | — | Yea |
| DONATUCCI | — | Yea |
| DRISCOLL | — | Yea |
| EVANS | — | Yea |
| FITZGERALD | — | Yea |
| GAINEY | — | Yea |
| E GALLOWAY | — | Not Voting |
| GOODMAN | — | Yea |
| HAGGERTY | — | Yea |
| HANNA | — | Yea |
| E KAVULICH | — | Not Voting |
| KELLER, W. | — | Yea |
| KIRKLAND | — | Yea |
| KORTZ | — | Yea |
| LONGIETTI | — | Yea |
| MCCARTER | — | Yea |
| E MILLER, D. | — | Not Voting |
| MULLERY | — | Yea |
| E O'BRIEN | — | Not Voting |
| PETRARCA | — | Yea |
| RAVENSTAHL | — | Yea |
| READSHAW | — | Yea |
| ROEBUCK | — | Yea |
| SAINATO | — | Yea |
| SIMS | — | Yea |
| SNYDER | — | Yea |
| STURLA | — | Yea |
| TAI | — | Yea |
| E THOMAS | — | Not Voting |
| VAZQUEZ | — | Yea |
| WHEATLEY | — | Yea |
| YOUNGBLOOD | — | Yea |
| TURZAI | — | Yea |
| Aaron Kaufer | — | Yea |
| Barry Jozwiak | — | Yea |
| DAVIS, A | — | Yea |
| Donna Bullock | — | Not Voting |
| Donna Oberlander | — | Yea |
| George Dunbar | — | Yea |
| Jim Marshall | — | Yea |
| Kevin Boyle | — | Yea |
| Mark Rozzi | — | Yea |
| Paul Schemel | — | Yea |
| Seth Grove | — | Yea |
| Stephen Kinsey | — | Yea |
| Andre D. Carroll | Democratic | Yea |
| Anita Astorino Kulik | Democratic | Yea |
| Brandon J. Markosek | Democratic | Yea |
| Carolyn T. Comitta | Democratic | Yea |
| Christopher M. Rabb | Democratic | Yea |
| Dan Frankel | Democratic | Yea |
| Daniel J. Deasy | Democratic | Yea |
| Ed Neilson | Democratic | Yea |
| Eddie Day Pashinski | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Greg Vitali | Democratic | Yea |
| Jared G. Solomon | Democratic | Not Voting |
| Jason Dawkins | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Jeanne McNeill | Democratic | Yea |
| Joanna E. McClinton | Democratic | Not Voting |
| Jordan A. Harris | Democratic | Yea |
| Leanne Krueger | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Mary Jo Daley | Democratic | Yea |
| Matthew D. Bradford | Democratic | Yea |
| Maureen E. Madden | Democratic | Yea |
| Michael H. Schlossberg | Democratic | Yea |
| Morgan Cephas | Democratic | Yea |
| Nathan Davidson | Democratic | Yea |
| Patrick J. Harkins | Democratic | Not Voting |
| Patty Kim | Democratic | Yea |
| Perry S. Warren | Democratic | Yea |
| Peter Schweyer | Democratic | Yea |
| Robert F. Matzie | Democratic | Yea |
| Robert Freeman | Democratic | Yea |
| Ryan A. Bizzarro | Democratic | Yea |
| Scott Conklin | Democratic | Yea |
| Steve Samuelson | Democratic | Yea |
| Tim Briggs | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Aaron Bernstine | Republican | Yea |
| Brad Roae | Republican | Yea |
| Brett R. Miller | Republican | Yea |
| Bryan Cutler | Republican | Yea |
| Bud Cook | Republican | Yea |
| Carl Walker Metzgar | Republican | Yea |
| Clint Owlett | Republican | Yea |
| Craig T. Staats | Republican | Yea |
| Cris Dush | Republican | Yea |
| Dan Moul | Republican | Yea |
| David H. Zimmerman | Republican | Not Voting |
| David M. Maloney | Republican | Yea |
| Dawn W. Keefer | Republican | Yea |
| Doyle Heffley | Republican | Yea |
| Frank A. Farry | Republican | Yea |
| Gary W. Day | Republican | Yea |
| Greg Rothman | Republican | Yea |
| Jack Rader | Republican | Yea |
| Jamie Walsh | Republican | Yea |
| Jason Ortitay | Republican | Yea |
| Jesse Topper | Republican | Yea |
| Joe Emrick | Republican | Yea |
| John A. Lawrence | Republican | Yea |
| Jonathan Fritz | Republican | Not Voting |
| Kate A. Klunk | Republican | Yea |
| Kathy L. Rapp | Republican | Yea |
| Keith J. Greiner | Republican | Yea |
| Kerry A. Benninghoff | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Mark M. Gillen | Republican | Yea |
| Martin T. Causer | Republican | Yea |
| Martina A. White | Republican | Yea |
| Mindy Fee | Republican | Not Voting |
| Parke Wentling | Republican | Yea |
| R. Lee James | Republican | Yea |
| Rich Irvin | Republican | Yea |
| Rob W. Kauffman | Republican | Yea |
| Rosemary M. Brown | Republican | Yea |
| Russ Diamond | Republican | Yea |
| Ryan Warner | Republican | Yea |
| Sheryl M. Delozier | Republican | Yea |
| Steven C. Mentzer | Republican | Yea |
| Thomas L. Mehaffie | Republican | Yea |
| Timothy J. O'Neal | Republican | Yea |
| Tina Pickett | Republican | Yea |
| Zachary Mako | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 113 | 0 | 0 | 5 |
| Republican | 45 | 0 | 0 | 1 |
| Democratic | 37 | 0 | 0 | 0 |
| Total | 195 | 0 | 0 | 6 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (201)
| Member | Party | Vote |
|---|---|---|
| BARRAR | — | Yea |
| BLOOM | — | Yea |
| BOBACK | — | Yea |
| CHARLTON | — | Yea |
| CHRISTIANA | — | Yea |
| CORBIN | — | Yea |
| CORR | — | Yea |
| COX | — | Yea |
| DIGIROLAMO | — | Yea |
| DOWLING | — | Yea |
| ELLIS | — | Yea |
| ENGLISH | — | Yea |
| EVERETT | — | Yea |
| E GABLER | — | Not Voting |
| GILLESPIE | — | Yea |
| GODSHALL | — | Yea |
| HAHN | — | Yea |
| HARPER | — | Yea |
| HARRIS, A. | — | Yea |
| HELM | — | Yea |
| HENNESSEY | — | Yea |
| HICKERNELL | — | Yea |
| HILL | — | Yea |
| KAMPF | — | Yea |
| KELLER, F. | — | Yea |
| KELLER, M.K. | — | Yea |
| KNOWLES | — | Yea |
| LEWIS | — | Yea |
| MACKENZIE | — | Yea |
| MAHER | — | Yea |
| E MARSICO | — | Not Voting |
| O'NEILL | — | Yea |
| PEIFER | — | Yea |
| PYLE | — | Yea |
| QUIGLEY | — | Yea |
| QUINN, C. | — | Yea |
| QUINN, M. | — | Yea |
| REED | — | Yea |
| REESE | — | Yea |
| ROE | — | Yea |
| RYAN | — | Yea |
| SACCONE | — | Yea |
| SANKEY | — | Yea |
| SANTORA | — | Yea |
| SAYLOR | — | Yea |
| SIMMONS | — | Yea |
| SONNEY | — | Yea |
| STEPHENS | — | Yea |
| TALLMAN | — | Yea |
| TAYLOR | — | Yea |
| TOBASH | — | Yea |
| TOEPEL | — | Yea |
| TOOHIL | — | Yea |
| WARD | — | Yea |
| WATSON | — | Yea |
| WHEELAND | — | Yea |
| BARBIN | — | Yea |
| BROWN, V. | — | Yea |
| CALTAGIRONE | — | Yea |
| CRUZ | — | Yea |
| DEAN | — | Yea |
| DELISSIO | — | Yea |
| DELUCA | — | Yea |
| DERMODY | — | Yea |
| DONATUCCI | — | Yea |
| DRISCOLL | — | Yea |
| EVANS | — | Yea |
| FITZGERALD | — | Yea |
| E GAINEY | — | Not Voting |
| GALLOWAY | — | Yea |
| GOODMAN | — | Yea |
| HAGGERTY | — | Yea |
| HANNA | — | Yea |
| E KAVULICH | — | Not Voting |
| KELLER, W. | — | Yea |
| KIRKLAND | — | Yea |
| KORTZ | — | Yea |
| LONGIETTI | — | Yea |
| MCCARTER | — | Yea |
| MULLERY | — | Yea |
| E O'BRIEN | — | Not Voting |
| PETRARCA | — | Yea |
| RAVENSTAHL | — | Yea |
| READSHAW | — | Yea |
| ROEBUCK | — | Yea |
| SAINATO | — | Yea |
| SIMS | — | Yea |
| SNYDER | — | Yea |
| STURLA | — | Yea |
| TAI | — | Yea |
| THOMAS | — | Yea |
| VAZQUEZ | — | Yea |
| WHEATLEY | — | Yea |
| YOUNGBLOOD | — | Yea |
| TURZAI | — | Yea |
| MASSER | — | Yea |
| MCGINNIS | — | Yea |
| METCALFE | — | Yea |
| MICCARELLI | — | Yea |
| MILLARD | — | Yea |
| MILNE | — | Yea |
| MURT | — | Yea |
| MUSTIO | — | Yea |
| NELSON | — | Yea |
| NESBIT | — | Yea |
| Aaron Kaufer | — | Yea |
| Barry Jozwiak | — | Yea |
| DAVIS, A | — | Yea |
| Dan Miller | — | Yea |
| Donna Bullock | — | Yea |
| Donna Oberlander | — | Yea |
| George Dunbar | — | Yea |
| Jim Marshall | — | Yea |
| Kevin Boyle | — | Yea |
| Mark Rozzi | — | Yea |
| Paul Schemel | — | Yea |
| Seth Grove | — | Yea |
| Stephen Kinsey | — | Yea |
| Andre D. Carroll | Democratic | Yea |
| Anita Astorino Kulik | Democratic | Yea |
| Brandon J. Markosek | Democratic | Yea |
| Carolyn T. Comitta | Democratic | Yea |
| Christopher M. Rabb | Democratic | Yea |
| Dan Frankel | Democratic | Yea |
| Daniel J. Deasy | Democratic | Yea |
| Ed Neilson | Democratic | Yea |
| Eddie Day Pashinski | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Greg Vitali | Democratic | Yea |
| Jared G. Solomon | Democratic | Yea |
| Jason Dawkins | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Jeanne McNeill | Democratic | Yea |
| Joanna E. McClinton | Democratic | Yea |
| Jordan A. Harris | Democratic | Yea |
| Leanne Krueger | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Mary Jo Daley | Democratic | Yea |
| Matthew D. Bradford | Democratic | Yea |
| Maureen E. Madden | Democratic | Yea |
| Michael H. Schlossberg | Democratic | Yea |
| Morgan Cephas | Democratic | Yea |
| Nathan Davidson | Democratic | Yea |
| Patrick J. Harkins | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Perry S. Warren | Democratic | Yea |
| Peter Schweyer | Democratic | Yea |
| Robert F. Matzie | Democratic | Yea |
| Robert Freeman | Democratic | Yea |
| Ryan A. Bizzarro | Democratic | Yea |
| Scott Conklin | Democratic | Yea |
| Steve Samuelson | Democratic | Yea |
| Tim Briggs | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Aaron Bernstine | Republican | Yea |
| Brad Roae | Republican | Yea |
| Brett R. Miller | Republican | Yea |
| Bryan Cutler | Republican | Yea |
| Bud Cook | Republican | Yea |
| Carl Walker Metzgar | Republican | Yea |
| Clint Owlett | Republican | Yea |
| Craig T. Staats | Republican | Yea |
| Cris Dush | Republican | Yea |
| Dan Moul | Republican | Yea |
| David H. Zimmerman | Republican | Yea |
| David M. Maloney | Republican | Yea |
| Dawn W. Keefer | Republican | Yea |
| Doyle Heffley | Republican | Yea |
| Frank A. Farry | Republican | Yea |
| Gary W. Day | Republican | Yea |
| Greg Rothman | Republican | Yea |
| Jack Rader | Republican | Yea |
| Jamie Walsh | Republican | Yea |
| Jason Ortitay | Republican | Yea |
| Jesse Topper | Republican | Yea |
| Joe Emrick | Republican | Yea |
| John A. Lawrence | Republican | Yea |
| Jonathan Fritz | Republican | Yea |
| Kate A. Klunk | Republican | Yea |
| Kathy L. Rapp | Republican | Yea |
| Keith J. Greiner | Republican | Yea |
| Kerry A. Benninghoff | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Mark M. Gillen | Republican | Yea |
| Martin T. Causer | Republican | Yea |
| Martina A. White | Republican | Yea |
| Mindy Fee | Republican | Yea |
| Parke Wentling | Republican | Yea |
| R. Lee James | Republican | Yea |
| Rich Irvin | Republican | Yea |
| Rob W. Kauffman | Republican | Yea |
| Rosemary M. Brown | Republican | Yea |
| Russ Diamond | Republican | Yea |
| Ryan Warner | Republican | Yea |
| Sheryl M. Delozier | Republican | Yea |
| Steven C. Mentzer | Republican | Yea |
| Thomas L. Mehaffie | Republican | Yea |
| Timothy J. O'Neal | Republican | Yea |
| Tina Pickett | Republican | Yea |
| Zachary Mako | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 29 | 0 | 0 | 0 |
| Republican | 13 | 0 | 0 | 0 |
| Democratic | 8 | 0 | 0 | 0 |
| Total | 50 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| ALLOWAY | — | Yea |
| AUMENT | — | Yea |
| BLAKE | — | Yea |
| BREWSTER | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| DINNIMAN | — | Yea |
| DISANTO | — | Yea |
| EICHELBERGER | — | Yea |
| FARNESE | — | Yea |
| FOLMER | — | Yea |
| GORDNER | — | Yea |
| GREENLEAF | — | Yea |
| KILLION | — | Yea |
| LEACH | — | Yea |
| MCGARRIGLE | — | Yea |
| MCILHINNEY | — | Yea |
| MENSCH | — | Yea |
| RAFFERTY | — | Yea |
| REGAN | — | Yea |
| RESCHENTHALER | — | Yea |
| SABATINA | — | Yea |
| SCARNATI | — | Yea |
| SCAVELLO | — | Yea |
| VULAKOVICH | — | Yea |
| WAGNER | — | Yea |
| WARD | — | Yea |
| WILLIAMS | — | Yea |
| YUDICHAK | — | Yea |
| Art Haywood | Democratic | Yea |
| Christine M. Tartaglione | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Lisa M. Boscola | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Wayne D. Fontana | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Martina A. White | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 13 | 0 | 0 | 1 |
| Democratic | 6 | 0 | 0 | 0 |
| Total | 25 | 0 | 0 | 1 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (26)
| Member | Party | Vote |
|---|---|---|
| BLAKE | — | Yea |
| BREWSTER | — | Yea |
| EICHELBERGER | — | Yea |
| GREENLEAF | — | Yea |
| KILLION | — | Yea |
| LEACH | — | Yea |
| MENSCH | — | Yea |
| SCAVELLO | — | Yea |
| VULAKOVICH | — | Yea |
| WARD | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| SCARNATI | — | Yea |
| WAGNER | — | Not Voting |
| Art Haywood | Democratic | Yea |
| Christine M. Tartaglione | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| David G. Argall | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| BLAKE | — | Yea |
| BREWSTER | — | Yea |
| EICHELBERGER | — | Yea |
| MCGARRIGLE | — | Yea |
| WAGNER | — | Yea |
| SCARNATI | — | Yea |
| Judith L. Schwank | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Michele Brooks | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 1005?
- SB 1005 is sponsored by Blake, Eichelberger, Judith L. Schwank (Democratic), Mcgarrigle, and Scott E. Hutchinson (Republican).
- What is the current status of SB 1005?
- This bill has been enacted into law. Introduced December 28, 2017. Enacted.
- Where can I track SB 1005?
- Track SB 1005 free on One Click Politics — get push/email alerts when it moves.
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