HOUSE AMENDED
PRIOR PRINTER'S NO. 766 PRINTER'S NO. 1449
No. 706 Session of 1999
INTRODUCED BY CONTI, THOMPSON, WOZNIAK, STOUT AND ROBBINS,
APRIL 7, 1999
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 26, 1999
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," providing for an
5 operating reserve fund; AND FURTHER PROVIDING FOR THE MAKING <--
6 OF CONTRACTS.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
10 as the Second Class County Code, is amended by adding a section
11 to read:
12 Section 511. Operating Reserve Fund.--(a) The county
13 commissioners shall have the power to create and maintain a
14 separate operating reserve fund in order to minimize future
15 revenue shortfalls and deficits, provide greater continuity and
16 predictability in the funding of vital government services,
17 minimize the need to increase taxes to balance the budget in
18 times of fiscal distress, provide the capacity to undertake
1 long-range financial planning and develop fiscal resources to
2 meet long-term needs.
3 (b) The county commissioners may annually make
4 appropriations from the general county fund to the operating
5 reserve fund, but no appropriation shall be made to the
6 operating reserve fund if the effect of the appropriation would
7 cause the fund to exceed five per cent of the estimated revenues
8 of the county's general fund in the current fiscal year.
9 (c) The commissioners may at any time, by resolution, make
10 appropriations from the operating reserve fund for the following
11 purposes only:
12 (1) to meet emergencies involving the health, safety or
13 welfare of the residents of the county;
14 (2) to counterbalance potential budget deficits resulting
15 from shortfalls in anticipated revenues or program receipts from
16 whatever source; or
17 (3) to provide for anticipated operating expenditures
18 related either to the planned growth of existing projects or
19 programs or to the establishment of new projects or programs if
20 for each such project or program appropriations have been made
21 and allocated to a separate restricted account established
22 within the operating reserve fund.
23 (d) The operating reserve fund shall be invested, reinvested
24 and administered in a manner consistent with the provisions of
25 section 1964 of this act relating to the investment of county
26 funds generally.
27 SECTION 2. SECTION 2001(D) OF THE ACT, AMENDED OCTOBER 5, <--
28 1990 (P.L.519, NO.125), IS AMENDED TO READ:
29 SECTION 2001. COUNTY COMMISSIONERS TO MAKE CONTRACTS.--THE
30 COUNTY COMMISSIONERS MAY MAKE CONTRACTS FOR LAWFUL PURPOSES AND
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1 FOR THE PURPOSES OF CARRYING INTO EXECUTION THE PROVISIONS OF
2 THIS SECTION AND THE LAWS OF THE COMMONWEALTH.
3 * * *
4 (D) THE CONTRACTS OR PURCHASES MADE BY THE COMMISSIONERS
5 INVOLVING AN EXPENDITURE OF OVER TEN THOUSAND DOLLARS ($10,000)
6 WHICH SHALL NOT REQUIRE ADVERTISING OR BIDDING AS HEREINBEFORE
7 PROVIDED ARE AS FOLLOWS:
8 (1) THOSE FOR MAINTENANCE, REPAIRS OR REPLACEMENTS FOR
9 WATER, ELECTRIC LIGHT, OR OTHER PUBLIC WORKS: PROVIDED, THAT
10 THEY DO NOT CONSTITUTE NEW ADDITIONS, EXTENSIONS OR ENLARGEMENTS
11 OF EXISTING FACILITIES AND EQUIPMENT, BUT A BOND MAY BE REQUIRED
12 BY THE COUNTY COMMISSIONERS AS IN OTHER CASES OF WORK DONE.
13 (2) THOSE MADE FOR IMPROVEMENTS, REPAIRS AND MAINTENANCE OF
14 ANY KIND MADE OR PROVIDED BY THE COUNTY THROUGH ITS OWN
15 EMPLOYES: PROVIDED, THAT THIS SHALL NOT APPLY TO CONSTRUCTION
16 MATERIALS USED IN A STREET IMPROVEMENT.
17 (3) THOSE WHERE PARTICULAR TYPES, MODELS OR PIECES OF NEW
18 EQUIPMENT, ARTICLES, APPARATUS, APPLIANCES, VEHICLES OR PARTS
19 THEREOF ARE DESIRED BY THE COUNTY COMMISSIONERS, WHICH ARE
20 PATENTED AND MANUFACTURED PRODUCTS OR COPYRIGHTED PRODUCTS.
21 (4) THOSE INVOLVING ANY POLICIES OF INSURANCE OR SURETY
22 COMPANY BONDS, THOSE MADE FOR PUBLIC UTILITY SERVICE UNDER
23 TARIFFS ON FILE WITH THE PENNSYLVANIA PUBLIC UTILITY COMMISSION,
24 THOSE MADE WITH ANOTHER POLITICAL SUBDIVISION OR A COUNTY, THE
25 COMMONWEALTH OF PENNSYLVANIA, THE FEDERAL GOVERNMENT, ANY AGENCY
26 OF THE COMMONWEALTH OR THE FEDERAL GOVERNMENT, OR ANY MUNICIPAL
27 AUTHORITY, INCLUDING THE SALE, LEASING OR LOAN OF ANY SUPPLIES
28 OR MATERIALS BY THE COMMONWEALTH OR THE FEDERAL GOVERNMENT, OR
29 THEIR AGENCIES, BUT THE PRICE THEREOF SHALL NOT BE IN EXCESS OF
30 THAT FIXED BY THE COMMONWEALTH, THE FEDERAL GOVERNMENT, OR THEIR
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1 AGENCIES.
2 (5) THOSE INVOLVING PERSONAL OR PROFESSIONAL SERVICES.
3 (6) THOSE INVOLVING TANGIBLE CLIENT SERVICES PROVIDED BY
4 NONPROFIT AGENCIES. FOR THE PURPOSES OF THIS CLAUSE, THE TERM
5 "TANGIBLE CLIENT SERVICES" SHALL MEAN CONGREGATE MEALS, HOME-
6 DELIVERED MEALS, TRANSPORTATION AND CHORE SERVICES PROVIDED
7 THROUGH AREA AGENCIES ON AGING.
8 (7) THOSE INVOLVING THE PURCHASE OF MILK.
9 (8) THOSE MADE WITH ANY PUBLIC BODY, INCLUDING, BUT NOT
10 LIMITED TO, THE SALE, LEASE OR LOAN OF ANY SUPPLIES OR MATERIALS
11 TO THE COUNTY BY A PUBLIC BODY, PROVIDED THAT THE PRICE THEREOF
12 SHALL NOT BE IN EXCESS OF THAT FIXED BY THE PUBLIC BODY. THE
13 REQUIREMENTS OF 53 PA.C.S. CH. 23 SUBCH. A (RELATING TO
14 INTERGOVERNMENTAL COOPERATION) SHALL NOT APPLY WHEN A COUNTY
15 PURCHASES COOPERATIVELY WITH ANOTHER PUBLIC BODY WHICH HAS
16 ENTERED INTO A CONTRACT FOR SUPPLIES OR MATERIALS. AS USED IN
17 THIS PARAGRAPH, "PUBLIC BODY" SHALL MEAN ANY OF THE FOLLOWING:
18 (I) ANY OTHER STATE;
19 (II) A POLITICAL SUBDIVISION, LOCAL OR MUNICIPAL AUTHORITY
20 OR OTHER SIMILAR LOCAL ENTITY OF THE COMMONWEALTH OR ANY OTHER
21 STATE; OR
22 (III) AN AGENCY OF THE FEDERAL GOVERNMENT, THE COMMONWEALTH
23 OR ANY OTHER STATE.
24 * * *
25 Section 2 3. This act shall take effect in 60 days. <--
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