PRINTER'S NO. 2612
No. 2001 Session of 1989
INTRODUCED BY GAMBLE, McVERRY, PISTELLA, TRELLO, LEVDANSKY, PETRONE, GIGLIOTTI, ITKIN AND CESSAR, OCTOBER 16, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 16, 1989
AN ACT 1 Amending the act of July 28, 1953 (P.L.723, No.230), entitled, 2 as amended, "An act relating to counties of the second class 3 and second class A; amending, revising, consolidating and 4 changing the laws relating thereto," further providing for 5 the location and storage of public records, for fees for 6 copying certain public records, for expenses of county 7 officers for attending annual association meetings, for 8 publication of the controller's report, for contracts in 9 emergency situations, for contracts not requiring 10 advertisement and building, for the governing body and powers 11 of a residential finance authority, for grave markers, for 12 separate specifications and contracts for certain items, for 13 the appointment of assistant fire marshals, and for the title 14 acquired in condemnation proceedings; and making an editorial 15 change. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 Section 1. Sections 405 and 406 of the act of July 28, 1953 19 (P.L.723, No.230), known as the Second Class County Code, are 20 amended to read: 21 Section 405. Offices, Records and Papers [to be Kept at 22 County Seat].--(a) [The] Except as otherwise provided in 23 subsection (a.1), the commissioners, controller, treasurer, 24 sheriff, recorder of deeds, prothonotary, clerk of courts [of
1 quarter sessions and oyer and terminer], clerk of the orphans' 2 court, register of wills, recorder of deeds and district 3 attorney shall keep their respective offices and all public 4 records and papers belonging thereto at the county seat and in 5 such buildings as may be erected or appropriated for such 6 purpose. 7 (a.1) The county commissioners shall have the power to keep 8 and maintain records and to contract with persons, for storage, 9 retrieval and transmission of county records within or outside 10 the county, except that no records shall be stored outside the 11 county seat without the approval of the officer in charge of the 12 office to which the records belong. The approval of the 13 president judge shall be required if records are in the custody 14 of agencies of the court of common pleas, the clerk of courts, 15 the prothonotary, the register of wills and the clerk of the 16 orphans' court. Public records stored outside of the county seat 17 shall be made accessible to the general public at the county 18 seat by means of an electronic telecopying system or facility 19 which will permit the retrieval of the records or exact copies 20 thereof within three business days. 21 (b) The county commissioners shall furnish each of such 22 officers with an office in the county building, courthouse or 23 other building at the county seat. 24 (c) Any person failing or refusing to maintain his office 25 and to keep all public records and papers belonging thereto in 26 the buildings appropriated for such purpose, in accordance with 27 the provisions of this section, shall be guilty of a 28 misdemeanor, and, upon conviction thereof, shall be sentenced to 29 undergo imprisonment until he complies with the provisions of 30 this section, or until sooner discharged by order of the court, 19890H2001B2612 - 2 -
1 and to pay a fine not exceeding five hundred dollars, to be paid 2 to the use of the county. 3 Section 406. Records Open to Inspection.--(a) The minute 4 book and other fiscal records and documents of the county may be 5 open to the inspection of any taxpayer thereof, but the proper 6 officers may make reasonable rules and regulations respecting 7 the time of such inspection and fees for copying. 8 (b) In case any officer shall refuse to permit the 9 inspection of any fiscal record or document, the taxpayer may, 10 by petition to the court of common pleas of the county, set 11 forth his reasons for desiring to make such inspection, and if 12 the court deems such reasons proper it shall order the officer 13 to permit the inspection to be made. 14 Section 2. Section 435(a) of the act, amended December 10, 15 1980 (P.L.1170, No.214), is amended to read: 16 Section 435. Expenses of Attending; Members to be Paid by 17 County; Time Limit on Meetings.--(a) The expenses of all 18 authorized county officers attending the annual meetings of 19 their associations shall be paid by the several counties out of 20 general county funds. Each of these officers, except the county 21 commissioners, may be allowed for his expenses up to seventy- 22 five dollars ($75) per day for the number of days specified in 23 subsection (b) of this section, together with mileage going to 24 and returning from such meeting. The expense allowance shall be 25 paid for each day not in excess of two in going to and returning 26 from such meeting. 27 * * * 28 Section 3. Section 437 of the act, amended December 9, 1982 29 (P.L.1022, No.237) and February 14, 1986 (P.L.16, No.6), is 30 amended to read: 19890H2001B2612 - 3 -
1 Section 437. Annual Assessments for County Commissioners, 2 Etc.--(a) In addition to the expenses hereinbefore authorized, 3 the necessary expenses of the association of county 4 commissioners, county solicitors and chief clerks shall be 5 apportioned among the counties holding membership in the 6 association in amounts provided for by the rules and regulations 7 of the association[, but shall not total more than two thousand 8 dollars ($2,000) for counties of the second and second A class]. 9 (a.1) In addition to the expenses hereinbefore authorized, 10 the necessary expenses of the association of district attorneys 11 shall be apportioned among the counties holding membership in 12 the association in amounts provided for by the rules and 13 regulations of the association [but shall not total per annum 14 more than one thousand two hundred dollars ($1,200) for counties 15 of the second class or second class A]. 16 (b) Such annual apportionments of expenses shall be as 17 approved at each annual convention of the said association by a 18 majority vote of the members present, and when so approved shall 19 be paid from general county funds. 20 Section 4. Section 1920 of the act, amended May 1, 1984 21 (P.L.221, No.45), is amended to read: 22 Section 1920. Controller's Settlement of Accounts; Report to 23 Common Pleas; Publications; Financial Report to Department of 24 Community Affairs.--The controller shall, at the end of each 25 fiscal year, complete the audit, settlement and adjustment of 26 the accounts of all county officers. He shall, in the month of 27 May in every year, make a report, verified by oath or 28 affirmation, to the court of common pleas of said county, of all 29 receipts and expenditures of the county for the preceding year, 30 in detail, and classified by reference to the object thereof, 19890H2001B2612 - 4 -
1 together with a full statement of the financial conditions of 2 the county. A concise summary of this report shall thereupon be 3 published one time in such newspapers published in the county as 4 the controller may direct, but the aggregate cost thereof shall 5 not exceed [two thousand dollars ($2000)] four thousand dollars 6 ($4,000) in any one year, to be paid for out of the county 7 treasury. Such report may also be published in printed 8 pamphlets, at the cost of the county, the number and cost of 9 such pamphlets to be determined by the controller and the county 10 commissioners. The controller shall also, by the first Monday of 11 the month of May of the year after the close of the fiscal year, 12 make an annual report to the Department of Community Affairs of 13 the financial condition of the county, on forms furnished by the 14 Secretary of Community Affairs, and subject to the penalties 15 provided in section 1921 of this act for the controller refusing 16 or neglecting to make similar reports. 17 Section 5. Section 2001(a) and (d) of the act, amended or 18 added December 20, 1985 (P.L.488, No.114) and March 25, 1988 19 (P.L.292, No.33), are amended and the section is amended by 20 adding a subsection to read: 21 Section 2001. County Commissioners to Make Contracts.--The 22 County Commissioners may make contracts for lawful purposes and 23 for the purposes of carrying into execution the provisions of 24 this section and the laws of the Commonwealth. 25 (a) [All] Except as provided in subsection (a.1), all 26 contracts or purchases in excess of ten thousand dollars 27 ($10,000) shall be in writing and, except those hereinafter 28 mentioned, shall not be made except with and from the lowest 29 responsible bidder meeting specifications, after due notice in 30 at least one newspaper of general circulation, published or 19890H2001B2612 - 5 -
1 circulating in the county at least three (3) times, at intervals 2 of not less than three (3) days where daily newspapers of 3 general circulation are employed for such publication, or in 4 case weekly newspapers are employed, then the notice shall be 5 published once a week for two (2) successive weeks. The first 6 advertisement shall be published not less than ten (10) days 7 prior to the date fixed for the opening of bids. 8 (a.1) The requirements of this subsection need not be 9 followed in cases of emergency, but in such cases the actual 10 emergency shall be declared and stated by resolution of the 11 commissioners. 12 * * * 13 (d) The contracts or purchases made by the commissioners 14 involving an expenditure of over ten thousand dollars ($10,000) 15 which shall not require advertising or bidding as hereinbefore 16 provided are as follows: 17 (1) Those for maintenance, repairs or replacements for 18 water, electric light, or other public works: Provided, That 19 they do not constitute new additions, extensions or enlargements 20 of existing facilities and equipment, but a bond may be required 21 by the county commissioners as in other cases of work done. 22 (2) Those made for improvements, repairs and maintenance of 23 any kind made or provided by the county through its own 24 employes: Provided, That this shall not apply to construction 25 materials used in a street improvement. 26 (3) Those where particular types, models or pieces of new 27 equipment, articles, apparatus, appliances, vehicles or parts 28 thereof are desired by the county commissioners, which are 29 patented and manufactured products or copyrighted products. 30 (4) Those involving any policies of insurance or surety 19890H2001B2612 - 6 -
1 company bonds, those made for public utility service under 2 tariffs on file with the Pennsylvania Public Utility Commission, 3 those made with another political subdivision or a county, the 4 Commonwealth of Pennsylvania, the Federal Government, any agency 5 of the Commonwealth or the Federal Government, or any municipal 6 authority, including the sale, leasing or loan of any supplies 7 or materials by the Commonwealth or the Federal Government, or 8 their agencies, but the price thereof shall not be in excess of 9 that fixed by the Commonwealth, the Federal Government, or their 10 agencies. 11 (5) Those involving personal or professional services. 12 (6) Those involving tangible client services provided by 13 nonprofit agencies. For the purposes of this clause, the term 14 "tangible client services" shall mean congregate meals, home- 15 delivered meals, transportation and chore services provided 16 through area agencies on aging. 17 (7) Those involving the purchase of milk. 18 * * * 19 Section 6. The heading and subsection (f) of section 2113 of 20 the act, amended May 3, 1965 (P.L.27, No.25) and October 7, 1975 21 (P.L.367, No.102), are amended to read: 22 Section 2113. Markers on Graves; Memorial Certificates; 23 Headstones.--* * * 24 (f) The county commissioners of the county are hereby 25 authorized and directed to place a marker upon the grave of each 26 deceased service person who, at the time of his or her death, 27 had his or her legal residence in the county, whether or not he 28 or she died in the county and whether or not he or she was 29 buried in the county, and upon the grave of each deceased 30 service person buried in the county who, at the time of his or 19890H2001B2612 - 7 -
1 her death, did not have a legal residence within this 2 Commonwealth. When such deceased service person shall have been 3 a veteran of any war or campaign for which the Government of the 4 United States issued discharge buttons, the markers designated 5 for their graves shall include a facsimile of said discharge 6 button. When such markers are upright flag holders they shall 7 consist of cast bronze or any other weather resistant material. 8 When such deceased service person shall have been a veteran of 9 the Korean Conflict, the markers designated for their graves 10 shall include a circular emblem with the words "Korea, U.S., 11 1950-1953" in the border thereof, and shall incorporate the 12 insignia of the Army, Navy, Marine Corps, Air Force, and Coast 13 Guard, in the form approved by the Veterans' Commission. In lieu 14 of placing an upright flag holder on the grave, if the next of 15 kin of a veteran so requests, a memorial certificate may be 16 issued to the next-of-kin of a deceased service person who at 17 the time of his or her death had his or her legal residence in 18 the county, whether or not he or she died in the county and 19 whether or not he or she was buried in the county. The memorial 20 certificate shall indicate the deceased service person's name 21 and designate the war or campaign in which the deceased service 22 person served. 23 * * * 24 Section 7. Sections 2201-A and 2203-A of the act, added 25 November 5, 1981 (P.L.330, No.120), are amended to read: 26 Section 2201-A. Definitions.--As used in this article the 27 following words and phrases shall have, unless the context 28 clearly indicates otherwise, the meanings given to them in this 29 section: 30 "Authority." A Residential Finance Authority created and 19890H2001B2612 - 8 -
1 activated pursuant to section 2202-A. 2 "Bonds." Includes any evidence of indebtedness for money 3 borrowed. 4 "Field of operation." The area within the territorial 5 boundaries of a county, excluding any area lying within the 6 boundaries of any city: Provided, however, That any such city 7 may, by resolution, elect to be included within the field of 8 operation of the county. 9 "Lending institution." Any bank, trust company, bank and 10 trust company, mortgage bank, savings bank, credit union, 11 National banking association, savings and loan association, 12 building and loan association, insurance company, or other 13 financial institution authorized to transact business in the 14 Commonwealth and which customarily lends, or provides service or 15 other aids in lending, money for the purchase or improvement of 16 residences located in the Commonwealth. 17 "Residential loan note." An interest-bearing obligation 18 evidencing a loan of money made for the financing of the 19 acquisition, construction, reconstruction, rehabilitation, 20 renovation or improvement of a residence or the refinancing of 21 costs previously incurred for the acquisition, construction, 22 reconstruction, rehabilitation, renovation or improvement of a 23 residence. 24 "Residence." The structure (or a condominium unit in a 25 structure), including the appurtenant land, located within the 26 authority's field of operation which is the dwelling place of an 27 individual or one family, provided that, such term may, at the 28 discretion of the board of an authority, include a structure in 29 such field of operation containing more than one dwelling unit 30 or other living arrangement, including personal care boarding 19890H2001B2612 - 9 -
1 homes, board and care homes or other protective oversight living 2 arrangements which may have common areas including eating, food 3 preparation, recreation and lounge areas. 4 Section 2203-A. Governing Body.--(a) The powers of each 5 authority shall be exercised by a board consisting of [five 6 members appointed by the board of county commissioners who may 7 remove any member at any time with cause.] such number of 8 members as the county commissioners may, by resolution, 9 prescribe, but not fewer than five. The members shall be 10 appointed by the county commissioners who may remove any member 11 at any time with cause. In the case where a resolution is 12 adopted decreasing the number of members, a member may be 13 removed without cause to provide for the number of members 14 authorized by the resolution. 15 (b) Subject to the [foregoing sentence] provisions of 16 subsection (a), the provisions of section 7 of the act of May 2, 17 1945 (P.L.382, No.164), known as the "Municipality Authorities 18 Act of 1945," are hereby incorporated by reference and made 19 applicable to authorities. 20 Section 8. Section 2403 of the act is amended to read: 21 Section 2403. Condemnation Proceedings; Title.--The 22 proceedings for the condemnation of lands under the provisions 23 of this article and for the assessment of damages for property 24 taken, injured or destroyed shall be conducted in the same 25 manner as provided under Article XXVI. 26 The title acquired by virtue of any such condemnation [shall] 27 may be a title in fee simple or any lesser estate, including, 28 but not limited to, an easement for aviation or any other 29 purpose. 30 Section 9. Section 2517 of the act, amended March 25, 1988 19890H2001B2612 - 10 -
1 (P.L.292, No.33), is amended to read: 2 Section 2517. Separate Specifications and Contracts for 3 Certain Items.--In the preparation of specifications for the 4 erection, construction and alteration of any public building, 5 when the entire cost of such work shall exceed ten thousand 6 dollars ($10,000), the architect, engineer or other person 7 preparing such specifications [shall] may, if so requested by 8 the board of commissioners, prepare separate specifications for 9 the plumbing, heating, ventilating and electrical work. The 10 board of commissioners [shall] may, if such separate 11 specifications are proposed, receive separate bids upon each of 12 the said branches of work and award the contract for the same to 13 the lowest responsible bidder for each of said branches. 14 Section 10. Sections 3101 and 3110 of the act are amended to 15 read: 16 Section 3101. Appointments; Qualifications; Salaries; Duties 17 of Assistant Fire Marshals.--The county commissioners shall, on 18 the fourth Monday of March, in the year one thousand nine 19 hundred forty-three, and every fourth year thereafter, appoint a 20 citizen of such county to serve as fire marshal thereof for the 21 term of four years or until his successor shall be appointed, 22 and [two] such number of citizens of said county as the county 23 commissioners may deem necessary to serve as assistant fire 24 marshals thereof for terms of four years or until their 25 successors shall be appointed. In making such appointments, the 26 county commissioner representing the minority political party in 27 the county shall name one of the assistant fire marshals, and as 28 vacancies occur the commissioner representing the minority party 29 shall name the successor to any assistant fire marshal selected 30 by a commissioner representing the minority party. No person 19890H2001B2612 - 11 -
1 shall be appointed fire marshal unless he shall have had ten 2 years active service as a member of a fire department, and no 3 person shall be appointed an assistant fire marshal unless he 4 has had five years experience as an active member of a fire 5 department. The salary of the fire marshal and the assistant 6 fire marshals appointed under the authority of this act shall be 7 fixed by the salary board and shall be in lieu of all other 8 salary or compensation from any source whatsoever. The assistant 9 fire marshals appointed as aforesaid shall have the same powers 10 and shall perform the same duties as those prescribed for the 11 fire marshal. 12 The salary herein authorized shall be provided for by the 13 county commissioners and paid semi-monthly out of the county 14 treasury. 15 Section 3110. Records and Reports.--The fire marshal shall 16 keep a record of all fires occurring in the county, which record 17 shall show the results of his investigation in relation to each 18 fire and shall be open to the public for examination, and he 19 shall also keep on file in his office all depositions and notes 20 of testimony taken by him in the discharge of his duties, which 21 any person desirous of so doing shall be permitted to examine 22 and take copies of upon payment by them to the said marshal of 23 [the] a fee [of fifty cents (50¢)] determined by the fire 24 marshal for such examination, and he shall also, on the fourth 25 Monday of March in each year, make report, in writing, to the 26 county commissioners of his activities as fire marshal during 27 the year preceding his report. 28 Section 11. This act shall take effect in 60 days. I18L16JS/19890H2001B2612 - 12 -