SENATE AMENDED PRIOR PRINTER'S NOS. 2424, 4128, 4720 PRINTER'S NO. 4744
No. 1860 Session of 2003
INTRODUCED BY PALLONE, PETRARCA, TANGRETTI, CASORIO, CREIGHTON, RUFFING, SHANER, SOLOBAY, YOUNGBLOOD AND THOMAS, JULY 15, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 17, 2004
AN ACT 1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled, 2 as amended, "An act relating to counties of the first, third, 3 fourth, fifth, sixth, seventh and eighth classes; amending, 4 revising, consolidating and changing the laws relating 5 thereto; relating to imposition of excise taxes by counties, 6 including authorizing imposition of an excise tax on the 7 rental of motor vehicles by counties of the first class; and 8 providing for regional renaissance initiatives," further 9 providing for police duties AND FOR INVESTMENT OF COUNTY <-- 10 FUNDS, FOR DEFINITIONS AND FOR POLICE DUTIES. <-- 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Sections 2511 and 2512 of the act of August 9, <-- 14 1955 (P.L.323, No.130), known as The County Code, are amended to 15 read: 16 SECTION 1. SECTION 1706(E) OF THE ACT OF AUGUST 9, 1955 <-- 17 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, AMENDED DECEMBER 18 13, 1982 (P.L.1131, NO.258), IS AMENDED TO READ: 19 SECTION 1706. INVESTMENT OF FUNDS.--* * * 20 (E) IN MAKING INVESTMENTS OF COUNTY FUNDS, THE COMMISSIONERS 21 (OR OTHER ELECTED OFFICIALS WHEN AUTHORIZED AS PROVIDED IN
1 SUBSECTION (A)) SHALL HAVE AUTHORITY: 2 (1) TO PERMIT ASSETS PLEDGED AS COLLATERAL UNDER SUBSECTION 3 (C)(3), TO BE POOLED IN ACCORDANCE WITH THE ACT OF AUGUST 6, 4 1971 (P.L.281, NO.72), ENTITLED "AN ACT STANDARDIZING THE 5 PROCEDURES FOR PLEDGES OF ASSETS TO SECURE DEPOSITS OF PUBLIC 6 FUNDS WITH BANKING INSTITUTIONS PURSUANT TO OTHER LAWS; 7 ESTABLISHING A STANDARD RULE FOR THE TYPES, AMOUNTS AND 8 VALUATIONS OF ASSETS ELIGIBLE TO BE USED AS COLLATERAL FOR 9 DEPOSITS OF PUBLIC FUNDS; PERMITTING ASSETS TO BE PLEDGED 10 AGAINST DEPOSITS ON A POOLED BASIS; AND AUTHORIZING THE 11 APPOINTMENT OF CUSTODIANS TO ACT AS PLEDGEES OF ASSETS," 12 RELATING TO PLEDGES OF ASSETS TO SECURE DEPOSITS OF PUBLIC 13 FUNDS. 14 (2) TO COMBINE MONEYS FROM MORE THAN ONE FUND UNDER COUNTY 15 CONTROL FOR THE PURCHASE OF A SINGLE INVESTMENT, PROVIDED THAT 16 EACH OF THE FUNDS COMBINED FOR THE PURPOSE SHALL BE ACCOUNTED 17 FOR SEPARATELY IN ALL RESPECTS AND THAT THE EARNINGS FROM THE 18 INVESTMENT ARE SEPARATELY AND INDIVIDUALLY COMPUTED AND RECORDED 19 AND CREDITED TO THE ACCOUNTS FROM WHICH THE INVESTMENT WAS 20 PURCHASED. 21 (3) TO JOIN WITH ONE OR MORE OTHER POLITICAL SUBDIVISIONS 22 AND MUNICIPAL AUTHORITIES IN ACCORDANCE WITH [THE ACT OF JULY 23 12, 1972 (P.L.762, NO.180), ENTITLED "AN ACT RELATING TO 24 INTERGOVERNMENTAL COOPERATION,"] 53 PA.C.S. CH. 23 SUBCH. A 25 (RELATING TO INTERGOVERNMENTAL COOPERATION) IN THE PURCHASE OF A 26 SINGLE INVESTMENT, PROVIDED THAT THE REQUIREMENTS OF CLAUSE (2) 27 ON SEPARATE ACCOUNTING OF INDIVIDUAL FUNDS AND SEPARATE 28 COMPUTATION, RECORDING AND CREDITING OF THE EARNINGS THEREFROM 29 ARE ADHERED TO. 30 (4) TO JOIN WITH THE COMMONWEALTH, POLITICAL SUBDIVISION OR 20030H1860B4744 - 2 -
1 REDEVELOPMENT AUTHORITY IN THE PURCHASE OF REAL ESTATE FOR THE 2 PURPOSES OF COMMUNITY AND ECONOMIC DEVELOPMENT. 3 (5) TO GRANT FUNDS TO THE COMMONWEALTH, POLITICAL 4 SUBDIVISION OR REDEVELOPMENT AUTHORITY FOR THE PURPOSES OF 5 SUPPORTING COMMUNITY AND ECONOMIC DEVELOPMENT PROJECTS. 6 SECTION 2. THE DEFINITIONS OF "CONVENTION CENTER" OR <-- 7 "CONVENTION CENTER FACILITY" IN SECTIONS 2399.53 AND 2399.72(K) 8 OF THE ACT, ADDED OCTOBER 18, 2000 (P.L.541, NO.73), ARE AMENDED 9 TO READ: 10 SECTION 2399.53. DEFINITIONS.--THE FOLLOWING WORDS AND 11 PHRASES WHEN USED IN THIS SUBDIVISION SHALL HAVE THE MEANINGS 12 GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY 13 INDICATES OTHERWISE OR UNLESS THERE IS A SPECIFIC DEFINITION IN 14 ANOTHER SECTION: 15 * * * 16 "CONVENTION CENTER" OR "CONVENTION CENTER FACILITY" SHALL 17 MEAN ANY LAND, IMPROVEMENT, STRUCTURE, BUILDING, OR PART 18 THEREOF, OR PROPERTY INTEREST THEREIN, WHETHER OWNED BY OR 19 LEASED BY OR TO OR OTHERWISE ACQUIRED BY AN AUTHORITY, 20 APPROPRIATE FOR ANY OF THE FOLLOWING: LARGE PUBLIC ASSEMBLIES, 21 THE HOLDING OF CONVENTIONS, CONFERENCES, TRADE EXHIBITIONS AND 22 OTHER BUSINESS, SOCIAL, CULTURAL, SCIENTIFIC, SPORTS, 23 RECREATIONAL, ARTISTIC AND PUBLIC INTEREST EVENTS, PERFORMANCES 24 AND EXHIBITIONS, AND ALL FACILITIES, FURNITURE, FIXTURES AND 25 EQUIPMENT NECESSARY OR INCIDENT THERETO, INCLUDING HOTELS, 26 MEETING ROOMS, DINING ROOMS, KITCHENS, BALLROOMS, RECEPTION 27 AREAS, REGISTRATION AND PREFUNCTION AREAS, LOCKER ROOMS, 28 PRACTICE AREAS AND EQUIPMENT, TRAINING AREAS AND EQUIPMENT, 29 TRUCK LOADING AREAS, INCLUDING ACCESS THERETO, ACCESSWAYS, 30 INCLUDING, BUT NOT LIMITED TO, TUNNELS, OVERHEAD WALKWAYS, 20030H1860B4744 - 3 -
1 ESCALATORS, ELEVATORS AND OTHER CONNECTIONS TO NEARBY OR
2 ADJOINING BUILDINGS OR FACILITIES, REGARDLESS OF WHETHER SUCH
3 BUILDINGS OR FACILITIES CONSTITUTE CONVENTION CENTER FACILITIES
4 OR ARE OWNED OR CONTROLLED BY THE AUTHORITY, COMMON AREAS,
5 LOBBIES, OFFICES AND AREAS APPURTENANT TO ANY OF THE PRECEDING,
6 AND ALSO INCLUDING OTHER LAND, BUILDINGS, STRUCTURES OR
7 FACILITIES FOR USE OR PLANNED FOR USE IN CONJUNCTION WITH THE
8 FOREGOING, INCLUDING, BUT NOT LIMITED TO, LANDSCAPING, BUFFER
9 AREAS, OFF-STREET PARKING, RETAIL AREAS AND OTHER IMPROVEMENTS
10 RELATED TO A CONVENTION CENTER FACILITY OWNED BY OR LEASED BY OR
11 TO AN AUTHORITY, REGARDLESS OF WHETHER SUCH IMPROVEMENTS ARE FOR
12 THE PURPOSE OF PRODUCING REVENUES TO ASSIST IN DEFRAYING THE
13 COSTS OR EXPENSES OF SUCH CONVENTION CENTER FACILITY.
14 * * *
15 SECTION 2399.72. HOTEL ROOM RENTAL TAX.--* * *
16 (K) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
17 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
18 * * *
19 "CONVENTION CENTER" OR "CONVENTION CENTER FACILITY" SHALL
20 MEAN ANY LAND, IMPROVEMENT, STRUCTURE, BUILDING, OR PART
21 THEREOF, OR PROPERTY INTEREST THEREIN, WHETHER OWNED BY OR
22 LEASED BY OR TO OR OTHERWISE ACQUIRED BY AN AUTHORITY,
23 APPROPRIATE FOR ANY OF THE FOLLOWING: LARGE PUBLIC ASSEMBLIES,
24 THE HOLDING OF CONVENTIONS, CONFERENCES, TRADE EXHIBITIONS AND
25 OTHER BUSINESS, SOCIAL, CULTURAL, SCIENTIFIC, SPORTS,
26 RECREATIONAL, ARTISTIC AND PUBLIC INTEREST EVENTS, PERFORMANCES
27 AND EXHIBITIONS, AND ALL FACILITIES, FURNITURE, FIXTURES AND
28 EQUIPMENT NECESSARY OR INCIDENT THERETO, INCLUDING HOTELS,
29 MEETING ROOMS, DINING ROOMS, KITCHENS, BALLROOMS, RECEPTION
30 AREAS, REGISTRATION AND PREFUNCTION AREAS, LOCKER ROOMS,
20030H1860B4744 - 4 -
1 PRACTICE AREAS AND EQUIPMENT, TRAINING AREAS AND EQUIPMENT, 2 TRUCK LOADING AREAS, INCLUDING ACCESS THERETO, ACCESSWAYS, 3 INCLUDING, BUT NOT LIMITED TO, TUNNELS, OVERHEAD WALKWAYS, 4 ESCALATORS, ELEVATORS AND OTHER CONNECTIONS TO NEARBY OR 5 ADJOINING BUILDINGS OR FACILITIES, REGARDLESS OF WHETHER SUCH 6 BUILDINGS OR FACILITIES CONSTITUTE CONVENTION CENTER FACILITIES 7 OR ARE OWNED OR CONTROLLED BY THE AUTHORITY, COMMON AREAS, 8 LOBBIES, OFFICES AND AREAS APPURTENANT TO ANY OF THE PRECEDING, 9 AND ALSO INCLUDING OTHER LAND, BUILDINGS, STRUCTURES OR 10 FACILITIES FOR USE OR PLANNED FOR USE IN CONJUNCTION WITH THE 11 FOREGOING, INCLUDING, BUT NOT LIMITED TO, LANDSCAPING, BUFFER 12 AREAS, OFF-STREET PARKING, RETAIL AREAS AND OTHER IMPROVEMENTS 13 RELATED TO A CONVENTION CENTER FACILITY OWNED BY OR LEASED BY OR 14 TO AN AUTHORITY, REGARDLESS OF WHETHER SUCH IMPROVEMENTS ARE FOR 15 THE PURPOSE OF PRODUCING REVENUES TO ASSIST IN DEFRAYING THE 16 COSTS OR EXPENSES OF SUCH CONVENTION CENTER FACILITY. 17 * * * 18 SECTION 2 3. SECTIONS 2511 AND 2512 OF THE ACT ARE AMENDED <-- 19 TO READ: 20 Section 2511. Employes; Police.--(a) For the purpose of 21 performing all necessary duties relating to the establishing, 22 making, enlarging, extending and maintaining public parks, 23 buildings and other county-owned properties and for enforcing 24 the rules and regulations ordained or resolved by the county 25 commissioners or by any body or board of control where no 26 penalty or fine is involved, the county commissioners of the 27 county are hereby authorized to employ or appoint and equip 28 proper persons to do all necessary and proper work connected 29 therewith, including police or guard duty. 30 (b) The board of commissioners of any county of the third 20030H1860B4744 - 5 -
1 class THAT IS CONTIGUOUS TO A COUNTY OF THE SECOND CLASS may, by <-- 2 ordinance, create or disband a county park police force within 3 the county. When such a county park police force is created in 4 accordance herewith, the county commissioners shall have power 5 to employ the number of officers as may be fixed by the salary 6 board of the county. The compensation of the county park police 7 officers shall be paid by the county. 8 Section 2512. Duty of Police.--(a) It shall be the duty of 9 the police, county park police or guards appointed to duty in 10 any recreation places, buildings and other county-owned 11 properties, without warrant, forthwith to arrest any offender 12 against the rules and regulations, ordained or resolved by the 13 county commissioners, that they may detect in the commission of 14 such offense, and to take the person so arrested forthwith 15 before a magistrate, alderman or justice of the peace having 16 competent jurisdiction. 17 (b) In the ordinance creating a county park police force, 18 the county commissioners shall designate a primary 19 jurisdictional area upon which the county park police officers 20 shall have jurisdiction, and which shall include only property 21 owned, leased or controlled by the county, by a county municipal 22 authority, county redevelopment authority, county industrial 23 development authority or agency, or county airport authority, or 24 by a community college of which the county is a local sponsor, 25 whether such property is within or outside the territorial 26 limits of the county. A county road, street or highway shall not 27 be designated or considered as a primary jurisdictional area 28 unless it is located within the boundaries of a geographical 29 area otherwise designated by ordinance as a primary 30 jurisdictional area pursuant to this section. 20030H1860B4744 - 6 -
1 (c) County park police shall have the power and their duty 2 shall be: 3 (1) to enforce good order and protect the grounds and 4 buildings within a primary jurisdictional area; 5 (2) to exclude all disorderly persons from the grounds and 6 buildings within a primary jurisdictional area; 7 (3) to exercise the same powers as are now or may hereafter 8 be exercised under authority of law or ordinance by the police 9 of the municipalities wherein the primary jurisdictional area is 10 located, including, but not limited to, those powers conferred 11 pursuant to 42 Pa.C.S. Ch. 89 Subch. D (relating to municipal 12 police jurisdiction); 13 (4) to prevent crime, investigate criminal acts, apprehend, 14 arrest and charge criminal offenders and issue summary citations 15 for acts committed on the grounds and in the buildings of the 16 primary jurisdictional area and carry the offender before the 17 proper authority and prefer charges against the offender under 18 the laws of this Commonwealth. Except when acting pursuant to 42 19 Pa.C.S. Ch. 89 Subch. D, county park police shall exercise these 20 powers and perform these duties only on the grounds of the 21 primary jurisdictional area; 22 (5) to order off the grounds and out of the buildings within 23 the primary jurisdictional area all vagrants, loafers, 24 trespassers and persons under the influence of liquor and, if 25 necessary, remove them by force and, in case of resistance, 26 carry such offenders before the proper authority; and 27 (6) to arrest any person who damages, mutilates or destroys 28 the trees, plants, shrubbery, turf, grass plots, benches, 29 buildings, and structures or commits any other offense on the 30 grounds and in the buildings within the primary jurisdictional 20030H1860B4744 - 7 -
1 area, and carry the offender before the proper authority and 2 prefer charges against the offender under the laws of this 3 Commonwealth. 4 (d) The county commissioners shall designate, from the 5 county park police officers, the chief and such other ranks or 6 classifications of officers as desired by the county 7 commissioners. 8 Section 2 3. This act shall take effect in 60 days. <-- 9 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <-- 10 (1) THE AMENDMENT OF SECTIONS 1706(E), 2511 AND 2512 OF 11 THE ACT SHALL TAKE EFFECT IN 60 DAYS. 12 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. 13 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 14 IMMEDIATELY. C6L16MRD/20030H1860B4744 - 8 -