HOUSE AMENDED
PRIOR PRINTER'S NOS. 766, 1449 PRINTER'S NO. 1884
No. 706 Session of 1999
INTRODUCED BY CONTI, THOMPSON, WOZNIAK, STOUT AND ROBBINS,
APRIL 7, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 21, 2000
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; AND PROVIDING FOR SLUDGE REPORTING REQUIREMENT <--
7 AND FOR FINANCING REAL PROPERTY ACQUISITIONS FOR
8 CONSERVATION, OPEN SPACE, RECREATION AND REVITALIZATION IN
9 COUNTIES OF THE SECOND CLASS A.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
13 as the Second Class County Code, is amended by adding a section
14 to read:
15 Section 511. Operating Reserve Fund.--(a) The county
16 commissioners shall have the power to create and maintain a
17 separate operating reserve fund in order to minimize future
18 revenue shortfalls and deficits, provide greater continuity and
19 predictability in the funding of vital government services,
20 minimize the need to increase taxes to balance the budget in
1 times of fiscal distress, provide the capacity to undertake
2 long-range financial planning and develop fiscal resources to
3 meet long-term needs.
4 (b) The county commissioners may annually make
5 appropriations from the general county fund to the operating
6 reserve fund, but no appropriation shall be made to the
7 operating reserve fund if the effect of the appropriation would
8 cause the fund to exceed five per cent of the estimated revenues
9 of the county's general fund in the current fiscal year.
10 (c) The commissioners may at any time, by resolution, make
11 appropriations from the operating reserve fund for the following
12 purposes only:
13 (1) to meet emergencies involving the health, safety or
14 welfare of the residents of the county;
15 (2) to counterbalance potential budget deficits resulting
16 from shortfalls in anticipated revenues or program receipts from
17 whatever source; or
18 (3) to provide for anticipated operating expenditures
19 related either to the planned growth of existing projects or
20 programs or to the establishment of new projects or programs if
21 for each such project or program appropriations have been made
22 and allocated to a separate restricted account established
23 within the operating reserve fund.
24 (d) The operating reserve fund shall be invested, reinvested
25 and administered in a manner consistent with the provisions of
26 section 1964 of this act relating to the investment of county
27 funds generally.
28 SECTION 2. SECTION 2001(D) OF THE ACT, AMENDED OCTOBER 5, <--
29 1990 (P.L.519, NO.125), IS AMENDED TO READ:
30 SECTION 2001. COUNTY COMMISSIONERS TO MAKE CONTRACTS.--THE
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1 COUNTY COMMISSIONERS MAY MAKE CONTRACTS FOR LAWFUL PURPOSES AND
2 FOR THE PURPOSES OF CARRYING INTO EXECUTION THE PROVISIONS OF
3 THIS SECTION AND THE LAWS OF THE COMMONWEALTH.
4 * * *
5 (D) THE CONTRACTS OR PURCHASES MADE BY THE COMMISSIONERS
6 INVOLVING AN EXPENDITURE OF OVER TEN THOUSAND DOLLARS ($10,000)
7 WHICH SHALL NOT REQUIRE ADVERTISING OR BIDDING AS HEREINBEFORE
8 PROVIDED ARE AS FOLLOWS:
9 (1) THOSE FOR MAINTENANCE, REPAIRS OR REPLACEMENTS FOR
10 WATER, ELECTRIC LIGHT, OR OTHER PUBLIC WORKS: PROVIDED, THAT
11 THEY DO NOT CONSTITUTE NEW ADDITIONS, EXTENSIONS OR ENLARGEMENTS
12 OF EXISTING FACILITIES AND EQUIPMENT, BUT A BOND MAY BE REQUIRED
13 BY THE COUNTY COMMISSIONERS AS IN OTHER CASES OF WORK DONE.
14 (2) THOSE MADE FOR IMPROVEMENTS, REPAIRS AND MAINTENANCE OF
15 ANY KIND MADE OR PROVIDED BY THE COUNTY THROUGH ITS OWN
16 EMPLOYES: PROVIDED, THAT THIS SHALL NOT APPLY TO CONSTRUCTION
17 MATERIALS USED IN A STREET IMPROVEMENT.
18 (3) THOSE WHERE PARTICULAR TYPES, MODELS OR PIECES OF NEW
19 EQUIPMENT, ARTICLES, APPARATUS, APPLIANCES, VEHICLES OR PARTS
20 THEREOF ARE DESIRED BY THE COUNTY COMMISSIONERS, WHICH ARE
21 PATENTED AND MANUFACTURED PRODUCTS OR COPYRIGHTED PRODUCTS.
22 (4) THOSE INVOLVING ANY POLICIES OF INSURANCE OR SURETY
23 COMPANY BONDS, THOSE MADE FOR PUBLIC UTILITY SERVICE UNDER
24 TARIFFS ON FILE WITH THE PENNSYLVANIA PUBLIC UTILITY
25 COMMISSION.[, THOSE MADE WITH ANOTHER POLITICAL SUBDIVISION OR A <--
26 COUNTY, THE COMMONWEALTH OF PENNSYLVANIA, THE FEDERAL
27 GOVERNMENT, ANY AGENCY OF THE COMMONWEALTH OR THE FEDERAL
28 GOVERNMENT, OR ANY MUNICIPAL AUTHORITY, INCLUDING THE SALE,
29 LEASING OR LOAN OF ANY SUPPLIES OR MATERIALS BY THE COMMONWEALTH
30 OR THE FEDERAL GOVERNMENT, OR THEIR AGENCIES, BUT THE PRICE
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1 THEREOF SHALL NOT BE IN EXCESS OF THAT FIXED BY THE
2 COMMONWEALTH, THE FEDERAL GOVERNMENT, OR THEIR AGENCIES.] <--
3 (5) THOSE INVOLVING PERSONAL OR PROFESSIONAL SERVICES.
4 (6) THOSE INVOLVING TANGIBLE CLIENT SERVICES PROVIDED BY
5 NONPROFIT AGENCIES. FOR THE PURPOSES OF THIS CLAUSE, THE TERM
6 "TANGIBLE CLIENT SERVICES" SHALL MEAN CONGREGATE MEALS, HOME-
7 DELIVERED MEALS, TRANSPORTATION AND CHORE SERVICES PROVIDED
8 THROUGH AREA AGENCIES ON AGING.
9 (7) THOSE INVOLVING THE PURCHASE OF MILK.
10 (8) THOSE MADE WITH ANY PUBLIC BODY, INCLUDING, BUT NOT
11 LIMITED TO, THE SALE, LEASE OR LOAN OF ANY SUPPLIES OR MATERIALS
12 TO THE COUNTY BY A PUBLIC BODY, PROVIDED THAT THE PRICE THEREOF
13 SHALL NOT BE IN EXCESS OF THAT FIXED BY THE PUBLIC BODY. THE
14 REQUIREMENTS OF 53 PA.C.S. CH. 23 SUBCH. A (RELATING TO
15 INTERGOVERNMENTAL COOPERATION) SHALL NOT APPLY WHEN A COUNTY
16 PURCHASES COOPERATIVELY WITH ANOTHER PUBLIC BODY WHICH HAS
17 ENTERED INTO A CONTRACT FOR SUPPLIES OR MATERIALS. AS USED IN
18 THIS PARAGRAPH, "PUBLIC BODY" SHALL MEAN ANY OF THE FOLLOWING:
19 (I) THE FEDERAL GOVERNMENT; <--
20 (II) THE COMMONWEALTH OF PENNSYLVANIA;
21 (I) (III) ANY OTHER STATE; <--
22 (II) (IV) A POLITICAL SUBDIVISION, LOCAL OR MUNICIPAL <--
23 AUTHORITY OR OTHER SIMILAR LOCAL ENTITY OF THE COMMONWEALTH OR
24 ANY OTHER STATE; OR
25 (III) (V) AN AGENCY OF THE FEDERAL GOVERNMENT, THE <--
26 COMMONWEALTH OR ANY OTHER STATE.
27 * * *
28 Section 2 3. This act shall take effect in 60 days. <--
29 SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
30 SECTION 2634. SLUDGE REPORTING REQUIREMENT.--(A) THE
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1 DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL COMPILE AND MAKE
2 AVAILABLE, UPON REQUEST, TO ANY MUNICIPALITY A REPORT OF
3 COMPLAINTS REGARDING THE SPREADING OF SEWAGE SLUDGE IN THE PAST
4 SIX (6) YEARS. THIS REPORT SHALL ALSO BE SUBMITTED TO THE
5 GENERAL ASSEMBLY BY FEBRUARY 1 OF EVERY YEAR BEGINNING ON
6 FEBRUARY 1, 2001.
7 (B) THE REPORT SHALL INCLUDE THE FOLLOWING:
8 (1) REGION.
9 (2) TYPE OF LAND AFFECTED BY THE SLUDGE.
10 (3) COMPANY THAT IS SPREADING THE SLUDGE.
11 (4) TYPE OF COMPLAINT.
12 (5) STATUS OF COMPLAINT.
13 SECTION 4. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
14 ARTICLE XXX-A
15 CONSERVATION, OPEN SPACE, RECREATION AND
16 REVITALIZATION FINANCING
17 SECTION 3001-A. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
18 AND MAY BE CITED AS THE "COUNTY OPEN SPACE FINANCING ACT."
19 SECTION 3002-A. STATEMENT OF LEGISLATIVE INTENT.--IT IS THE
20 PURPOSE OF THIS ARTICLE TO PROVIDE A MEANS BY WHICH COUNTIES MAY
21 ACQUIRE, MAINTAIN AND PRESERVE PROPERTY FOR OPEN SPACE,
22 AGRICULTURAL CONSERVATION, GREENWAY PRESERVATION AND COMMUNITY
23 REVITALIZATION. THE GENERAL ASSEMBLY FINDS THAT IT IS IMPORTANT
24 TO PRESERVE AND USE LAND FOR THESE PURPOSES IN ORDER TO PROTECT
25 THE AQUIFERS, AIR AND SOIL, THE AGRICULTURAL BASE AND THE
26 QUALITY OF LIFE IN COMMUNITIES AND TO MAINTAIN AN ATTRACTIVE
27 ENVIRONMENT FOR BUSINESS AND INDUSTRY LOCATION. THE INCURRING OF
28 DEBT OR THE IMPOSITION OF TAXES TO GENERATE FUNDS BY LAW IS
29 DECLARED TO BE FOR THE PUBLIC BENEFIT FOR THE ADVANCEMENT OF THE
30 PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE
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1 CITIZENS OF THIS COMMONWEALTH AND FOR THE PROMOTION OF SOUND
2 LAND DEVELOPMENT.
3 SECTION 3003-A. DEFINITIONS.--UNLESS THE CONTEXT CLEARLY
4 INDICATES OTHERWISE, THE FOLLOWING WORDS AND PHRASES WHEN USED
5 IN THIS ARTICLE SHALL HAVE THE FOLLOWING MEANINGS:
6 "ACQUISITION," ACTIVITIES BY OR ON BEHALF OF A COUNTY
7 RELATED TO THE PURCHASE OF IMPROVED OR UNIMPROVED PROPERTY, OR
8 TO THE PRESERVATION, REHABILITATION OR DEMOLITION OR REMOVAL OF
9 BUILDINGS OR OTHER IMPROVEMENTS ON SUCH A PROPERTY AND RELATED
10 SITE WORK.
11 "COUNTY," A COUNTY OF THE SECOND CLASS A.
12 "MAINTENANCE," ACTIVITIES BY OR ON BEHALF OF A COUNTY TO CUT
13 GRASS AND WEEDS, REMOVE TRASH AND DEBRIS, BUILD OR MAINTAIN ANY
14 TRAILS OR ACCESS ROADS AND OTHERWISE TO SUPPORT THE UPKEEP OF
15 THE PROPERTY AND ANY IMPROVEMENTS THEREON. THIS TERM SHALL
16 INCLUDE THE ACQUISITION AND MAINTENANCE OF LAWN MOWERS, TRACTORS
17 AND OTHER MACHINERY USED PRIMARILY FOR THE MAINTENANCE OF THIS
18 PROPERTY. THIS TERM SHALL ALSO INCLUDE THE PROPORTIONATE SHARE
19 OF THE SALARIES AND BENEFITS OF COUNTY EMPLOYES WHEN WORKING ON
20 ACTIVITIES ASSOCIATED WITH THIS PROPERTY.
21 "PROPERTY," ANY INTEREST IN REAL PROPERTY ACQUIRED BY A
22 COUNTY AS AUTHORIZED BY SECTION 3004-A.
23 SECTION 3004-A. ACQUISITION AND MAINTENANCE OF PROPERTY.--
24 (A) A COUNTY SHALL HAVE THE POWER AND AUTHORITY TO PURCHASE OR
25 EXPEND FUNDS ON OR MAKE GRANTS TO MUNICIPALITIES FOR ANY OF THE
26 FOLLOWING:
27 (1) OPEN SPACE PROPERTY INTERESTS AUTHORIZED IN THE ACT OF
28 JANUARY 19, 1968 (1967 P.L.992, NO.442), ENTITLED, AS AMENDED,
29 "AN ACT AUTHORIZING THE COMMONWEALTH OF PENNSYLVANIA AND THE
30 LOCAL GOVERNMENT UNITS THEREOF TO PRESERVE, ACQUIRE OR HOLD LAND
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1 FOR OPEN SPACE USES."
2 (2) AGRICULTURAL CONSERVATION EASEMENTS PURSUANT TO A
3 PROGRAM AUTHORIZED BY THE COUNTY GOVERNING BODY AND ADMINISTERED
4 IN ACCORDANCE WITH THE ACT OF JUNE 30, 1981 (P.L.128, NO.43),
5 KNOWN AS THE "AGRICULTURAL AREA SECURITY LAW."
6 (3) RECREATION AND PARK LANDS, GREENWAYS, NATURAL AREAS AND
7 OPEN SPACE CONSISTENT WITH THE PURPOSES SET FORTH IN THE ACT OF
8 JULY 2, 1993 (P.L.359, NO.50), KNOWN AS THE "KEYSTONE
9 RECREATION, PARK AND CONSERVATION FUND ACT."
10 (4) REAL PROPERTY, INCLUDING AIR RIGHTS, WATER RIGHTS AND
11 OTHER INTERESTS THEREIN, WHICH IS:
12 (I) BLIGHTED, DETERIORATING OR UNDEVELOPED;
13 (II) APPROPRIATE FOR REHABILITATION OR CONSERVATION
14 ACTIVITIES;
15 (III) APPROPRIATE FOR THE PRESERVATION OR RESTORATION OF
16 HISTORIC SITES, THE BEAUTIFICATION OF URBAN LAND, THE
17 CONSERVATION OF OPEN SPACES, NATURAL RESOURCES AND SCENIC AREAS,
18 THE PROVISION OF RECREATIONAL OPPORTUNITIES OR THE GUIDANCE OF
19 URBAN DEVELOPMENT; OR
20 (IV) TO BE USED FOR THE PROVISION OF PUBLIC WORKS,
21 FACILITIES AND IMPROVEMENTS.
22 (B) PROPERTY ACQUISITIONS BY THE COUNTY PURSUANT TO
23 SUBSECTION (A)(4) SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS:
24 (1) ANY IMPROVEMENTS, ALTERATIONS, LAND DEVELOPMENT OR
25 CONSTRUCTION TO OR ON THE PROPERTY SHALL BE CONSISTENT WITH THE
26 COUNTY AND MUNICIPAL COMPREHENSIVE PLANS AND THE MUNICIPAL
27 REDEVELOPMENT PLAN OR JOINT COUNTY AND MUNICIPAL REDEVELOPMENT
28 PLAN AND SHALL BE SUBJECT TO ALL MUNICIPAL ORDINANCES,
29 REGULATIONS AND PERMITS GOVERNING LAND AND IMPROVEMENTS,
30 INCLUDING, BUT NOT LIMITED TO, MUNICIPAL ZONING, SUBDIVISION AND
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1 LAND DEVELOPMENT ORDINANCES, HISTORIC DISTRICT ORDINANCES AND
2 BUILDING AND DEMOLITION PERMITS.
3 (2) ANY PROPERTY NOT ACQUIRED FOR USE BY THE COUNTY FOR THE
4 PROVISION OF COUNTY SERVICES SHALL BE DISPOSED OF BY THE COUNTY
5 AS SOON AFTER COMPLETION OF REDEVELOPMENT OR IMPROVEMENT AS
6 MARKET CONDITIONS PERMIT.
7 (3) PROCEEDS OF ANY SALE OF SUCH PROPERTY SHALL BE DEPOSITED
8 IN THE TAX PROCEEDS FUND ESTABLISHED UNDER SECTION 3011-A.
9 (C) A COUNTY SHALL HAVE THE POWER AND AUTHORITY TO EXPEND A
10 PORTION OF THE PROCEEDS OF ANY TAX IMPOSED PURSUANT TO THIS
11 ARTICLE FOR THE MAINTENANCE OF ANY PROPERTY ACQUIRED UNDER THE
12 PROVISIONS OF THIS ARTICLE. THE AMOUNT OF TAX PROCEEDS WHICH MAY
13 BE SPENT FOR MAINTENANCE SHALL NOT EXCEED TWENTY PER CENTUM
14 (20%) OF THE ANNUAL TAX PROCEEDS WHILE THE TAX IS BEING LEVIED
15 AFTER WHICH THE ENTIRE REMAINING BALANCE IN THE FUND MAY BE USED
16 FOR ONGOING MAINTENANCE.
17 SECTION 3005-A. INCURRING DEBT; INSTALLMENT PAYMENTS.--(A)
18 A COUNTY MAY INCUR EITHER ELECTORAL OR NONELECTORAL DEBT UNDER
19 53 PA.C.S. PT. VII SUBPT. B (RELATING TO INDEBTEDNESS AND
20 BORROWING), FOR THE ACQUISITION OF PROPERTY AS SET FORTH IN
21 SECTION 3004-A.
22 (B) (1) ELECTORAL DEBT, FOR THE PURPOSE OF ACQUIRING
23 PROPERTY AS SET FORTH IN SECTION 3004-A, MAY BE INCURRED IN
24 ACCORDANCE WITH 53 PA.C.S. CH. 80 SUBCH. C (RELATING TO
25 PROCEDURE FOR SECURING APPROVAL OF ELECTORS).
26 (2) NOTWITHSTANDING THAT NONELECTORAL DEBT MAY BE INCURRED
27 UNDER 53 PA.C.S. PT. VIII SUBPT. B WITHOUT SECURING THE APPROVAL
28 OF THE ELECTORS, AN INITIATIVE PETITION OF ELECTORS SUBMITTED IN
29 ACCORDANCE WITH SECTION 3006-A OR AN ORDINANCE OF THE GOVERNING
30 BODY ADOPTED IN ACCORDANCE WITH SECTION 3007-A MAY PROVIDE FOR A
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1 NONBINDING, ADVISORY REFERENDUM ON THE QUESTION OF WHETHER
2 NONELECTORAL DEBT SHOULD BE INCURRED FOR THE PURPOSE OF
3 ACQUIRING PROPERTY IN ACCORDANCE WITH SECTION 3004-A.
4 (C) TO THE EXTENT THAT THE LAWS ENUMERATED IN SECTION 3004-A
5 DO NOT CONFLICT WITH THE EXERCISE OF THE AUTHORITY CONTAINED IN
6 THIS SUBSECTION, THE GOVERNING BODY OF A COUNTY MAY AUTHORIZE
7 THE ESTABLISHMENT OF A PROGRAM FOR THE ACQUISITION OF PROPERTY
8 AS SET FORTH IN SECTION 3004-A ON AN INSTALLMENT OR OTHER
9 DEFERRED BASIS. THE OBLIGATION OF THE COUNTY TO MAKE PAYMENT ON
10 AN INSTALLMENT OR OTHER DEFERRED BASIS SHALL NOT BE SUBJECT TO
11 THE REQUIREMENTS OF 53 PA.C.S. § 8142(B) OR (C) (RELATING TO
12 LIMITATIONS ON STATED MATURITY DATES).
13 SECTION 3006-A. TAX AND DEBT INITIATIVE; REFERENDUM
14 PETITION.--(A) PRIOR TO THE UTILIZATION OF THE INITIATIVE
15 PROCEDURE AUTHORIZED BY THIS SECTION, THERE SHALL BE FILED WITH
16 THE COUNTY BOARD OF ELECTIONS A PETITION CONTAINING A PROPOSAL
17 FOR A REFERENDUM ON THE QUESTION OF IMPOSING A TAX AS SPECIFIED
18 IN SECTION 3009-A FOR THE PURPOSE OF DEDICATING THE TAX REVENUES
19 FOR EITHER THE ACQUISITION OF PROPERTY AS SET FORTH IN SECTION
20 3004-A OR REPAYING DEBT INCURRED FOR THE ACQUISITION OF PROPERTY
21 AS AUTHORIZED BY SECTION 3005-A.
22 (B) THE PETITION UNDER SUBSECTION (A) MAY ALSO CONTAIN A
23 PROPOSAL FOR A NONBINDING, ADVISORY REFERENDUM ON THE QUESTION
24 OF WHETHER NONELECTORAL DEBT SHOULD BE INCURRED, AS AUTHORIZED
25 BY SECTION 3005-A, FOR THE ACQUISITION OF PROPERTY AS SET FORTH
26 IN SECTION 3004-A. THE PROPOSAL FOR A NONBINDING, ADVISORY
27 REFERENDUM ON THE QUESTION OF WHETHER NONELECTORAL DEBT SHOULD
28 BE INCURRED MAY BE THE SOLE SUBJECT OF THE PETITION OR IT MAY BE
29 INCLUDED WITH A PROPOSAL FOR A REFERENDUM ON THE QUESTION OF
30 IMPOSING A TAX.
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1 (C) A PETITION SHALL BE SIGNED BY ELECTORS OF THE COUNTY
2 COMPRISING AT LEAST TWO PER CENTUM (2%) OF THE NUMBER OF
3 ELECTORS VOTING FOR THE OFFICE OF GOVERNOR IN THE LAST
4 GUBERNATORIAL GENERAL ELECTION IN THE COUNTY.
5 (D) A REFERENDUM PETITION UNDER THIS SECTION SHALL BE FILED
6 NOT LATER THAN THE 13TH TUESDAY PRIOR TO THE NEXT PRIMARY,
7 GENERAL OR MUNICIPAL ELECTION AT WHICH THE REFERENDUM WILL BE
8 HELD.
9 (E) (1) IF THE PETITION PROPOSES A REFERENDUM ON WHETHER A
10 TAX SHOULD BE IMPOSED AS SPECIFIED IN SECTION 3009-A, THE
11 PETITION SHALL IDENTIFY THE TAX AND THE MILLAGE OR RATE AT WHICH
12 IT WILL BE IMPOSED BY THE COUNTY AND THE PURPOSE OR PURPOSES FOR
13 WHICH THE TAX REVENUES ARE TO BE USED.
14 (2) IF THE PETITION PROPOSES A NONBINDING, ADVISORY
15 REFERENDUM ON WHETHER NONELECTORAL DEBT SHOULD BE INCURRED, AS
16 AUTHORIZED BY SECTION 3005-A, FOR THE ACQUISITION OF PROPERTY AS
17 SET FORTH IN SECTION 3004-A, THE PETITION SHALL STATE THE AMOUNT
18 OF THE NONELECTORAL DEBT TO BE INCURRED AND THE PURPOSE OR
19 PURPOSES FOR WHICH THE DEBT PROCEEDS ARE TO BE USED.
20 (F) THE PETITION AND THE PROCEEDINGS THEREIN SHALL BE IN THE
21 MANNER AND SUBJECT TO THE PROVISIONS OF THE ELECTION LAWS WHICH
22 RELATE TO THE SIGNING, FILING AND ADJUDICATION OF NOMINATION
23 PETITIONS INSOFAR AS THOSE PROVISIONS ARE APPLICABLE. NO
24 REFERENDUM PETITION MAY BE SIGNED OR CIRCULATED PRIOR TO THE
25 20TH TUESDAY BEFORE THE ELECTION NOR LATER THAN THE 13TH TUESDAY
26 BEFORE THE ELECTION.
27 SECTION 3007-A. REFERENDUM ORDINANCE.--(A) IN LIEU OF AN
28 INITIATIVE PETITION UNDER SECTION 3006-A, THE GOVERNING BODY OF
29 A COUNTY MAY, BY ORDINANCE, PROVIDE FOR A REFERENDUM ON THE
30 QUESTION OF IMPOSING A TAX AS SPECIFIED IN SECTION 3009-A FOR
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1 THE PURPOSE OF DEDICATING THE TAX REVENUES FOR EITHER THE
2 ACQUISITION AND MAINTENANCE OF PROPERTY AS SET FORTH IN SECTION
3 3004-A OR REPAYING DEBT INCURRED FOR THE ACQUISITION OF PROPERTY
4 AS AUTHORIZED BY SECTION 3005-A.
5 (B) THE ORDINANCE ALSO MAY CONTAIN A PROPOSAL FOR A
6 NONBINDING, ADVISORY REFERENDUM ON THE QUESTION OF WHETHER
7 NONELECTORAL DEBT SHOULD BE INCURRED, AS AUTHORIZED BY SECTION
8 3005-A, FOR THE ACQUISITION OF PROPERTY AS SET FORTH IN SECTION
9 3004-A. THE PROPOSAL FOR A NONBINDING, ADVISORY REFERENDUM ON
10 THE QUESTION OF WHETHER NONELECTORAL DEBT SHOULD BE INCURRED MAY
11 BE THE SOLE SUBJECT OF THE ORDINANCE OR IT MAY BE INCLUDED WITH
12 A PROPOSAL FOR A REFERENDUM ON THE QUESTION OF IMPOSING A TAX.
13 (C) (1) IF THE ORDINANCE PROPOSES A REFERENDUM OF WHETHER A
14 TAX SHOULD BE IMPOSED AS SPECIFIED IN SECTION 3009-A, THE
15 ORDINANCE SHALL IDENTIFY THE TAX AND THE MILLAGE OR RATE AT
16 WHICH IT WILL BE IMPOSED BY THE COUNTY AND THE PURPOSE OR
17 PURPOSES FOR WHICH THE TAX REVENUES ARE TO BE USED.
18 (2) IF THE ORDINANCE PROPOSES A NONBINDING REFERENDUM OF
19 WHETHER NONELECTORAL DEBT SHOULD BE INCURRED, AS AUTHORIZED BY
20 SECTION 3005-A, FOR THE ACQUISITION OF PROPERTY AS SET FORTH IN
21 SECTION 3004-A, THE PETITION SHALL STATE THE AMOUNT OF THE
22 NONELECTORAL DEBT TO BE INCURRED AND THE PURPOSE OR PURPOSES FOR
23 WHICH THE DEBT PROCEEDS ARE TO BE USED.
24 (D) THE ORDINANCE PROVIDING FOR A REFERENDUM ON THE QUESTION
25 SHALL BE FILED WITH THE COUNTY BOARD OF ELECTIONS NOT LATER THAN
26 THE 13TH TUESDAY PRIOR TO THE NEXT PRIMARY, GENERAL OR MUNICIPAL
27 ELECTION AT WHICH THE REFERENDUM WILL BE HELD.
28 SECTION 3008-A. AUTHORIZING REFERENDUM.--(A) A REFERENDUM
29 ON THE QUESTION OF IMPOSING A TAX AS SPECIFIED IN SECTION 3009-A
30 FOR THE PURPOSE OF DEDICATING THE TAX REVENUES FOR EITHER THE
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1 ACQUISITION AND MAINTENANCE OF PROPERTY AS SET FORTH IN SECTION
2 3004-A OR REPAYING DEBT INCURRED FOR THE ACQUISITION OF PROPERTY
3 AS AUTHORIZED BY SECTION 3005-A, OR A NONBINDING, ADVISORY
4 REFERENDUM ON THE QUESTION OF INCURRING NONELECTORAL DEBT, AS
5 AUTHORIZED BY SECTION 3005-A, FOR THE ACQUISITION OF PROPERTY AS
6 SET FORTH IN SECTION 3004-A, SHALL BE HELD IF INITIATED BY
7 EITHER THE ELECTORS OF THE COUNTY IN ACCORDANCE WITH SECTION
8 3006-A OR AFTER ADOPTION OF AN ORDINANCE BY THE GOVERNING BODY
9 OF THE COUNTY IN ACCORDANCE WITH SECTION 3007-A.
10 (B) THE REFERENDUM SHALL BE GOVERNED BY THE PROVISIONS OF
11 THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
12 "PENNSYLVANIA ELECTION CODE." ELECTION OFFICIALS SHALL CAUSE THE
13 QUESTION TO BE SUBMITTED TO THE ELECTORS OF THE COUNTY AT THE
14 NEXT PRIMARY, GENERAL OR MUNICIPAL ELECTION OCCURRING NOT LESS
15 THAN THE 13TH TUESDAY FOLLOWING THE FILING, WITH THE COUNTY
16 BOARD OF ELECTIONS, OF EITHER THE REFERENDUM PETITION IN
17 ACCORDANCE WITH SECTION 3006-A OR THE REFERENDUM ORDINANCE IN
18 ACCORDANCE WITH SECTION 3007-A. AT SUCH ELECTION, THE QUESTION
19 SHALL BE SUBMITTED TO THE VOTERS IN THE SAME MANNER AS OTHER
20 QUESTIONS ARE SUBMITTED UNDER THE PROVISIONS OF THE
21 "PENNSYLVANIA ELECTION CODE."
22 (C) EITHER ONE OR BOTH OF THE FOLLOWING QUESTIONS, AS
23 DIRECTED IN THE REFERENDUM PETITION OR THE REFERENDUM ORDINANCE
24 ARE TO BE PLACED UPON THE BALLOT AND SHALL BE FRAMED IN THE
25 FOLLOWING FORM:
26 DO YOU FAVOR THE IMPOSITION OF A (IDENTIFY THE TAX OR
27 TAXES AND THE MILLAGE OR RATE OR RATES AT WHICH THE TAX
28 OR TAXES WILL BE IMPOSED) BY (INSERT THE NAME OF THE
29 COUNTY) TO BE USED FOR (IDENTIFY THE PURPOSE OR
30 PURPOSES)?
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1 DO YOU FAVOR INCURRING NONELECTORAL DEBT WITHIN THE DEBT
2 LIMITS PROVIDED BY LAW FOR (INSERT THE NAME OF THE
3 COUNTY) IN THE AMOUNT OF (IDENTIFY THE AMOUNT OF THE DEBT
4 TO BE INCURRED) BY (INSERT THE NAME OF THE COUNTY) TO BE
5 USED FOR (IDENTIFY THE PURPOSE OR PURPOSES)?
6 SECTION 3009-A. TAXES AUTHORIZED.--IF APPROVED BY A MAJORITY
7 OF THOSE VOTING IN A REFERENDUM AUTHORIZED BY EITHER ORDINANCE
8 OR INITIATIVE IN ACCORDANCE WITH THIS ARTICLE, A COUNTY MAY
9 IMPOSE, BY ORDINANCE, ANY ONE OR MORE OF THE FOLLOWING TAXES AS
10 APPROVED BY REFERENDUM, NOT EXCEEDING THE MILLAGE OR RATE
11 AUTHORIZED BY THE REFERENDUM, FOR THE PURPOSE OF DEDICATING THE
12 TAX REVENUES FOR THE ACQUISITION AND MAINTENANCE OF PROPERTY AS
13 SET FORTH IN SECTION 3004-A OR FOR REPAYING DEBT INCURRED FOR
14 THE ACQUISITION OF PROPERTY AS AUTHORIZED BY SECTION 3005-A.
15 (1) A TAX ON REAL PROPERTY IN ADDITION TO OTHER REAL ESTATE
16 TAXES AUTHORIZED FOR COUNTIES BY LAW. THE TAX AUTHORIZED BY THIS
17 PARAGRAPH SHALL BE IN ADDITION TO, AND SHALL NOT OTHERWISE
18 AFFECT OR PREVENT AN INCREASE IN THE MILLAGE RATE FOR REAL
19 ESTATE TAXES FOR GENERAL COUNTY PURPOSES WITHIN LIMITS OTHERWISE
20 AUTHORIZED BY LAW.
21 (2) A TAX ON THE TRANSFER OF REAL PROPERTY, OR OF ANY
22 INTEREST IN REAL PROPERTY, SITUATE WITHIN THE COUNTY, REGARDLESS
23 OF WHERE THE INSTRUMENTS MAKING THE TRANSFERS ARE MADE, EXECUTED
24 OR DELIVERED OR WHERE THE ACTUAL SETTLEMENTS ON SUCH TRANSFER
25 TAKE PLACE, SUBJECT TO THE LIMITATIONS AND RESTRICTIONS PLACED
26 ON POLITICAL SUBDIVISIONS IMPOSING A TAX ON THE TRANSFER OF REAL
27 PROPERTY IN ACCORDANCE WITH THE ACT OF DECEMBER 31, 1965
28 (P.L.1257, NO.511), KNOWN AS "THE LOCAL TAX ENABLING ACT." THE
29 TAX AUTHORIZED BY THIS PARAGRAPH MAY BE IMPOSED AT A MAXIMUM
30 RATE OF ONE PER CENTUM (1%), IN INCREMENTS OF ONE-HALF OF ONE
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1 PER CENTUM (.5%), BUT NOT EXCEEDING THE RATE AUTHORIZED BY THE
2 REFERENDUM, AND SHALL BE IN ADDITION TO THE REALTY TRANSFER TAX
3 AUTHORIZED BY EITHER "THE LOCAL TAX ENABLING ACT" OR THE ACT OF
4 MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE "TAX REFORM CODE OF
5 1971."
6 SECTION 3010-A. BOND PROCEEDS FUND.--EACH COUNTY INCURRING
7 DEBT IN ACCORDANCE WITH THIS ARTICLE SHALL ESTABLISH A BOND
8 PROCEEDS FUND AND ALL MONEY RECEIVED BY A COUNTY FROM THE
9 PROCEEDS OF DEBT INCURRED IN ACCORDANCE WITH THIS ARTICLE, SHALL
10 BE DEPOSITED IN THAT FUND. APPROPRIATIONS FROM THE BOND PROCEEDS
11 FUND SHALL BE USED SOLELY AND EXCLUSIVELY FOR THE ACQUISITION OF
12 PROPERTY AS SET FORTH IN SECTION 3004-A.
13 SECTION 3011-A. TAX PROCEEDS FUND.--EACH COUNTY IMPOSING A
14 TAX IN ACCORDANCE WITH THIS ARTICLE SHALL ESTABLISH A TAX
15 PROCEEDS FUND AND ALL MONEY RECEIVED BY A COUNTY FROM THE
16 IMPOSITION OF ANY TAX UNDER THIS ARTICLE, INCLUDING INTEREST AND
17 PENALTIES, SHALL BE DEPOSITED IN THAT FUND. THE FUND MAY ALSO
18 ACCEPT APPROPRIATIONS, DONATIONS, BEQUESTS AND CONTRIBUTIONS
19 FROM THE COMMONWEALTH OR OTHER PERSONS OR OTHER ENTITIES FOR THE
20 PURPOSES OF THIS ARTICLE. EXPENDITURES FROM THE TAX PROCEEDS
21 FUND SHALL BE USED SOLELY AND EXCLUSIVELY FOR THE ACQUISITION
22 AND MAINTENANCE OF PROPERTY AS SET FORTH IN SECTION 3004-A OR
23 REPAYING DEBT INCURRED FOR THE ACQUISITION OF PROPERTY AS
24 AUTHORIZED BY SECTION 3005-A.
25 SECTION 3012-A. CONTINUITY OF TAX; TAX INCREASES.--(A)
26 EVERY TAX LEVIED UNDER THIS ARTICLE SHALL CONTINUE IN FORCE ON A
27 CALENDAR OR FISCAL YEAR BASIS, AS THE CASE MAY BE, WITHOUT
28 ANNUAL REENACTMENT UNLESS THE RATE OF TAX IS INCREASED OR THE
29 TAX IS SUBSEQUENTLY REPEALED BY AN ORDINANCE OF THE GOVERNING
30 BODY OF THE COUNTY. ANY TAX LEVIED UNDER THIS ARTICLE SHALL NOT
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1 BE REPEALED WITHIN FIVE YEARS FOLLOWING ITS IMPOSITION UNLESS
2 THE REPEAL IS FIRST APPROVED BY A MAJORITY OF THOSE VOTING ON A
3 REFERENDUM ON THE QUESTION OF REPEAL, WHICH MAY BE PRESENTED TO
4 THE VOTERS IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN THIS
5 ARTICLE FOR THE REFERENDUM ON THE QUESTION OF LEVYING THE TAX.
6 (B) A GOVERNING BODY OF A COUNTY WHICH HAS LEVIED A TAX IN
7 ACCORDANCE WITH THIS ARTICLE SHALL NOT INCREASE THE RATE OR
8 MILLAGE OF THE TAX, EXCEPT FOR ANY INCREASE IN MILLAGE REQUIRED
9 TO EQUALIZE REVENUES AFTER A COUNTYWIDE REASSESSMENT, WITHOUT
10 FIRST OBTAINING THE APPROVAL OF A MAJORITY OF THOSE VOTING IN A
11 REFERENDUM ON THE QUESTION OF INCREASING THE RATE OR MILLAGE. A
12 REFERENDUM UNDER THIS SUBSECTION SHALL BE GOVERNED BY THE
13 PROVISIONS OF THE ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN
14 AS THE "PENNSYLVANIA ELECTION CODE." ELECTION OFFICIALS SHALL
15 CAUSE THE QUESTION TO BE SUBMITTED TO THE ELECTORS OF THE COUNTY
16 AT THE NEXT PRIMARY, GENERAL OR MUNICIPAL ELECTION OCCURRING NOT
17 LESS THAN THE 13TH TUESDAY FOLLOWING THE FILING, WITH THE COUNTY
18 BOARD OF ELECTIONS OF AN ORDINANCE OF THE GOVERNING BODY
19 PROPOSING TO INCREASE THE RATE OR MILLAGE OF THE TAX AND
20 PROPOSING A REFERENDUM ON THAT QUESTION. AT SUCH ELECTION, THE
21 QUESTION SHALL BE SUBMITTED TO THE VOTERS IN THE SAME MANNER AS
22 OTHER QUESTIONS ARE SUBMITTED UNDER THE PROVISIONS OF THE
23 "PENNSYLVANIA ELECTION CODE." THE QUESTION TO BE PLACED UPON THE
24 BALLOT SHALL BE FRAMED IN THE FOLLOWING FORM:
25 DO YOU FAVOR AN INCREASE IN THE (INSERT THE MILLAGE OR
26 RATE) OF (IDENTIFY THE TAX OR TAXES) PREVIOUSLY APPROVED
27 BY THE VOTERS AND IMPOSED BY (INSERT THE NAME OF THE
28 COUNTY) FOR (IDENTIFY THE PURPOSE OR PURPOSES FOR WHICH
29 THE TAX HAD BEEN IMPOSED) FROM (INSERT THE CURRENT
30 MILLAGE OR RATE) TO (INSERT THE PROPOSED MILLAGE OR
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1 RATE)?
2 SECTION 3013-A. PREEMPTION.--NO ACT OF THE GENERAL ASSEMBLY
3 SHALL VACATE OR PREEMPT ANY ORDINANCE ADOPTED UNDER THIS ARTICLE
4 PROVIDING FOR THE IMPOSITION OF A TAX BY A COUNTY UNLESS THE ACT
5 OF THE GENERAL ASSEMBLY EXPRESSLY VACATES OR PREEMPTS THE
6 AUTHORITY TO ADOPT THE ORDINANCE.
7 SECTION 3014-A. CONSTRUCTION.--THE POWER AND AUTHORITY
8 GRANTED TO A COUNTY UNDER THIS ARTICLE SHALL BE IN ADDITION TO,
9 AND NOT IN LIMITATION OF, ANY OTHER POWER OR AUTHORITY
10 HERETOFORE OR HEREAFTER GRANTED TO A COUNTY BY ANY OTHER LAW,
11 AND SHALL BE CONSTRUED TO ENLARGE AND NOT TO REDUCE OR LIMIT THE
12 POWER AND AUTHORITY OF COUNTIES.
13 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
14 (1) THE ADDITION OF SECTION 511 AND THE AMENDMENT OF
15 SECTION 2001(D) SHALL TAKE EFFECT IN 60 DAYS.
16 (2) THE ADDITION OF SECTION 2634 OF THE ACT SHALL TAKE
17 EFFECT IN 30 DAYS.
18 (3) THE ADDITION OF ARTICLE XXX-A OF THE ACT SHALL TAKE
19 EFFECT IMMEDIATELY.
20 (4) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
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