PRIOR PRINTER'S NOS. 766, 1449, 1884 PRINTER'S NO. 2057
No. 706 Session of 1999
INTRODUCED BY CONTI, THOMPSON, WOZNIAK, STOUT AND ROBBINS,
APRIL 7, 1999
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 13, 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; further providing for PAYMENTS INTO <--
6 CERTAIN FUND, FOR AMOUNT OF RETIREMENT ALLOWANCE AND FOR the
7 making of contracts; and providing for sludge reporting <--
8 requirement and for financing real property acquisitions for
9 conservation, open space, recreation and revitalization in
10 counties of the second class A. PROHIBITING CERTAIN <--
11 PROVISIONS IN CONTRACTS RELATING TO REDEVELOPMENT ASSISTANCE
12 CAPITAL PROJECTS; ESTABLISHING SECOND CLASS COUNTY JAIL
13 OVERSIGHT BOARDS; AND MAKING A REPEAL.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of July 28, 1953 (P.L.723, No.230), known
17 as the Second Class County Code, is amended by adding a section
18 to read:
19 Section 511. Operating Reserve Fund.--(a) The county
20 commissioners shall have the power to create and maintain a
21 separate operating reserve fund in order to minimize future
22 revenue shortfalls and deficits, provide greater continuity and
23 predictability in the funding of vital government services,
1 minimize the need to increase taxes to balance the budget in
2 times of fiscal distress, provide the capacity to undertake
3 long-range financial planning and develop fiscal resources to
4 meet long-term needs.
5 (b) The county commissioners may annually make
6 appropriations from the general county fund to the operating
7 reserve fund, but no appropriation shall be made to the
8 operating reserve fund if the effect of the appropriation would
9 cause the fund to exceed five per cent of the estimated revenues
10 of the county's general fund in the current fiscal year.
11 (c) The commissioners may at any time, by resolution, make
12 appropriations from the operating reserve fund for the following
13 purposes only:
14 (1) to meet emergencies involving the health, safety or
15 welfare of the residents of the county;
16 (2) to counterbalance potential budget deficits resulting
17 from shortfalls in anticipated revenues or program receipts from
18 whatever source; or
19 (3) to provide for anticipated operating expenditures
20 related either to the planned growth of existing projects or
21 programs or to the establishment of new projects or programs if
22 for each such project or program appropriations have been made
23 and allocated to a separate restricted account established
24 within the operating reserve fund.
25 (d) The operating reserve fund shall be invested, reinvested
26 and administered in a manner consistent with the provisions of
27 section 1964 of this act relating to the investment of county
28 funds generally.
29 SECTION 2. SECTIONS 1708(A) AND 1712(A) OF THE ACT, AMENDED <--
30 DECEMBER 14, 1989 (P.L.631, NO.75), ARE AMENDED TO READ:
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1 SECTION 1708. COMPULSORY MEMBERSHIP; PAYMENTS INTO FUND;
2 EXCEPTIONS; VESTED INTEREST.--(A) EACH COUNTY EMPLOYE SHALL BE
3 REQUIRED TO BECOME A MEMBER OF THE COUNTY EMPLOYES' RETIREMENT
4 SYSTEM WITHIN SIX MONTHS FROM THE DATE OF HIS OR HER EMPLOYMENT.
5 THE SAID COUNTY EMPLOYE MAY ELECT TO BECOME A MEMBER OF THE
6 RETIREMENT SYSTEM AT ANY TIME DURING THE AFORESAID SIX MONTHS
7 PERIOD OF TIME BY NOTIFYING THE HEAD OF THE DEPARTMENT, OFFICE
8 OR AGENCY IN WHICH DEPARTMENT, OFFICE OR AGENCY HE OR SHE IS
9 EMPLOYED OF THE SAID ELECTION. A COPY THEREOF SHALL BE FILED
10 IMMEDIATELY WITH THE BOARD. HE OR SHE SHALL, EACH MONTH, PAY
11 INTO THE RETIREMENT FUND A MONTHLY CONTRIBUTION, BEING A CERTAIN
12 PERCENTAGE OF THE AMOUNT RECEIVED BY HIM OR HER AS COMPENSATION
13 DURING THE PRECEDING CALENDAR MONTH[, WHICH SHALL BE COMPUTED ON
14 A MONTHLY COMPENSATION OF FOUR THOUSAND THREE HUNDRED THIRTY-
15 THREE DOLLARS AND THIRTY-THREE CENTS ($4,333.33) OR LESS].
16 EXCEPT AS PROVIDED IN SUBSECTION (D), THE MONTHLY CONTRIBUTION
17 SHALL BE THE PERCENTAGE OF HIS OR HER COMPENSATION AS HERETOFORE
18 STATED, ON A GRADUATED SCALE AS FOLLOWS:
19 FOR THE YEAR 1988 AND THEREAFTER, SIX AND ONE-QUARTER PER
20 CENTUM UP TO SEVEN HUNDRED FIFTY DOLLARS ($750) PER MONTH.
21 NINE AND THREE-EIGHTHS PER CENTUM FROM SEVEN HUNDRED FIFTY
22 DOLLARS ($750) TO FIFTEEN HUNDRED DOLLARS ($1500) PER MONTH.
23 TWELVE AND ONE-HALF PER CENTUM FROM FIFTEEN HUNDRED DOLLARS
24 ($1500) [TO FOUR THOUSAND THREE HUNDRED THIRTY-THREE DOLLARS AND
25 THIRTY-THREE CENTS ($4,333.33)] PER MONTH AND ABOVE.
26 EXCEPT AS HEREINAFTER PROVIDED, THE AFORESAID INCREASE RATE
27 OF MONTHLY CONTRIBUTIONS TO BE PAID INTO THE RETIREMENT FUND TO
28 ENHANCE THE ACTUARIAL SOUNDNESS OF SAID FUND, SHALL BE
29 APPLICABLE TO ALL COUNTY EMPLOYES WHO ARE MEMBERS OF THE
30 RETIREMENT SYSTEM. SUCH MONTHLY CONTRIBUTIONS SHALL BE COLLECTED
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1 BY THE COUNTY TREASURER AND BY HIM PAID INTO THE RETIREMENT
2 FUND. THE PAYMENT OF THE INCREASED RATE OF THE AFORESAID MONTHLY
3 CONTRIBUTIONS SHALL NOT APPLY TO SUCH FORMER COUNTY EMPLOYES
4 WHOSE MONTHLY CONTRIBUTIONS ARE NOW PAID INTO SAID FUND IN
5 ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (D) OF SECTION
6 1713. ANY COUNTY EMPLOYE RECEIVING COMPENSATION FOR ACCIDENTAL
7 INJURIES IN ACCORDANCE WITH THE PROVISIONS OF THE PENNSYLVANIA
8 WORKMEN'S COMPENSATION ACT SHALL DURING THE PERIOD OF TIME IN
9 WHICH SUCH COUNTY EMPLOYE IS RECEIVING DISABILITY BENEFITS, AS
10 PROVIDED IN THE AFORESAID ACT, PAY EACH MONTH FOR RETIREMENT
11 BENEFITS A SUM EQUAL TO THE LAST MONTHLY CONTRIBUTION AS PAID
12 INTO THE RETIREMENT FUND WHEN SAID COUNTY EMPLOYE WAS IN
13 EMPLOYMENT. THE MONTHLY CONTRIBUTION SHALL NOT BE PAID BY ANY
14 PERSON WHO WAS RECEIVING A RETIREMENT ALLOWANCE AND IS
15 SUBSEQUENT TO THE THIRTY-FIRST DAY OF MAY, ONE THOUSAND NINE
16 HUNDRED FIFTY-THREE, REEMPLOYED AS A COUNTY EMPLOYE OR ANY OTHER
17 PERSON WHO IS INELIGIBLE TO BECOME A MEMBER OF THE RETIREMENT
18 SYSTEM.
19 * * *
20 SECTION 1712. AMOUNT OF RETIREMENT ALLOWANCES.--(A) THE
21 RETIREMENT ALLOWANCE PAID UNDER THE PROVISIONS OF THIS ARTICLE
22 SHALL EQUAL FIFTY PER CENTUM OF THE AMOUNT WHICH WOULD
23 CONSTITUTE THE AVERAGE MONTHLY COMPENSATION AS RECEIVED BY THE
24 COUNTY EMPLOYE DURING THE HIGHEST TWENTY-FOUR MONTHS OF THE LAST
25 FOUR (4) YEARS OF HIS EMPLOYMENT OR TWO YEARS ON A BI-WEEKLY PAY
26 BASIS IN WHICH PERIOD OF TIME THE SAID COUNTY EMPLOYE MADE
27 MONTHLY OR BI-WEEKLY CONTRIBUTIONS INTO THE RETIREMENT FUND
28 PRIOR TO HIS OR HER RETIREMENT. SUCH AVERAGE MONTHLY
29 COMPENSATION SHALL INCLUDE THE COMPENSATION WHICH ANY COUNTY
30 EMPLOYE WOULD HAVE BEEN ENTITLED TO AND WOULD HAVE RECEIVED
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1 EXCEPT FOR DEDUCTION FROM COMPENSATION DUE TO TIME SPENT IN
2 SERVING AS AN ELECTED STATE OFFICIAL: PROVIDED, THAT THE COUNTY
3 AND THE EMPLOYE SHALL MAKE MONTHLY CONTRIBUTIONS BASED ON THE
4 LAST COMPENSATION EQUAL TO THE AMOUNT THE COUNTY AND HE OR SHE
5 WOULD HAVE PAID INTO THE RETIREMENT FUND HAD SUCH COMPENSATION
6 BEEN PAID BY THE COUNTY. [NO RETIREMENT ALLOWANCE SHALL BE
7 COMPUTED ON A MONTHLY COMPENSATION IN EXCESS OF FOUR THOUSAND
8 THREE HUNDRED THIRTY-THREE DOLLARS AND THIRTY-THREE CENTS
9 ($4,333.33).] IN THE EVENT AN EMPLOYE, ON THE EFFECTIVE DATE OF
10 EMPLOYMENT TERMINATION, SHALL HAVE LESS THAN A FULL YEAR OF
11 SERVICE FOR THE PURPOSE OF COMPUTING THE EMPLOYE'S SERVICE TIME,
12 THEN THE AMOUNT OF THE RETIREMENT ALLOWANCE, WHICH WOULD HAVE
13 BEEN COMPUTED HAD THE EMPLOYE COMPLETED A FULL TWELVE-MONTH
14 PERIOD FOR THE YEAR OF THE TERMINATION OF EMPLOYMENT, SHALL BE
15 PRORATED UPON A FULL COMPLETED MONTH BASIS FOR SAID LAST YEAR OF
16 SERVICE. NO RETIREMENT ALLOWANCE SHALL BE COMPUTED ON A MONTHLY
17 COMPENSATION IN EXCESS OF FOUR THOUSAND THREE HUNDRED THIRTY-
18 THREE DOLLARS AND THIRTY-THREE CENTS ($4,333.33) (REFERRED TO IN
19 THIS SUBSECTION AS "EXCESS COMPENSATION") UNLESS THE EMPLOYE AND
20 THE COUNTY HAVE MADE CONTRIBUTIONS ON ALL EXCESS COMPENSATION
21 RECEIVED BY THE EMPLOYE DURING THE FIVE-YEAR PERIOD PRECEDING
22 THE EMPLOYE'S RETIREMENT: PROVIDED, THAT THE REQUIRED
23 CONTRIBUTION IS PAID INTO THE RETIREMENT SYSTEM WITHIN NINETY
24 (90) DAYS OF THE DATE OF RETIREMENT. AN EMPLOYE WHO RETIRES
25 WITHIN FIVE (5) YEARS OF THE EFFECTIVE DATE OF THE COMPENSATION
26 CAP REMOVAL MAY ELECT TO SATISFY THE CONTRIBUTION REQUIREMENT BY
27 MAKING A LUMP SUM CONTRIBUTION THAT IS CALCULATED BY APPLYING
28 THE APPLICABLE CONTRIBUTION PERCENTAGE RATE TO ALL EXCESS
29 COMPENSATION RECEIVED BY THE EMPLOYE DURING THE PRIOR FIVE-YEAR
30 PERIOD ON WHICH CONTRIBUTIONS WERE NOT MADE. WITHIN NINETY (90)
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1 DAYS OF SUCH CONTRIBUTION BY AN EMPLOYE, CONTRIBUTIONS SHALL
2 ALSO BE MADE BY THE COUNTY IN AN AMOUNT EQUAL TO THE AMOUNT
3 CONTRIBUTED BY THE EMPLOYE. THE EFFECTIVE DATE OF THE CAP
4 REMOVAL IS DECEMBER 31, 1999.
5 AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, CERTAIN FORMER
6 COUNTY EMPLOYES WHO ARE NOW RECEIVING A RETIREMENT ALLOWANCE
7 SHALL RECEIVE AN INCREASE OF A CERTAIN PER CENTUM OF SUCH
8 RETIREMENT ALLOWANCE, WHICH SUM SHALL BE COMPUTED ON THE AVERAGE
9 MONTHLY RETIREMENT ALLOWANCE AS HERETOFORE AUTHORIZED BY THE
10 BOARD.
11 THE PER CENTUM OF INCREASE IN SAID MONTHLY RETIREMENT
12 ALLOWANCE SHALL BE A FLAT 10 PER CENTUM INCREASE WITH THE
13 MAXIMUM AMOUNT NOT TO EXCEED FORTY-FIVE DOLLARS ($45.00) PER
14 MONTH.
15 ANY EMPLOYE WHO EARNS IN EXCESS OF TEN THOUSAND EIGHT HUNDRED
16 DOLLARS ($10,800) PER ANNUM AND SHALL RETIRE DURING THE PERIOD
17 FROM JANUARY 1, 1973 TO DECEMBER 31, 1981 SHALL PAY, AS A
18 CONDITION TO THE PAYMENT OF ANY BENEFITS HEREUNDER A LUMP SUM
19 CONTRIBUTION INTO THE RETIREMENT FUND, WHICH CONTRIBUTION SHALL
20 BE COMPUTED AS FOLLOWS:
21 THE DIFFERENCE BETWEEN TEN THOUSAND EIGHT HUNDRED DOLLARS
22 ($10,800) AND THE ANNUAL SALARY OF THE EMPLOYE MULTIPLIED BY THE
23 NUMBER OF YEARS DURING WHICH HE WAS NOT AN EMPLOYE OF THE COUNTY
24 FOR THE PERIOD AFORESAID AND UPON THAT AMOUNT THE SUM OF TWO PER
25 CENTUM WHICH SHALL BE THE LUMP SUM CONTRIBUTION AS REQUIRED
26 HEREIN.
27 NO PERSON WHO IS REEMPLOYED AS A COUNTY EMPLOYE SHALL BE
28 ELIGIBLE TO RECEIVE THE BENEFIT OF A RETIREMENT ALLOWANCE PLUS A
29 SERVICE INCREMENT, IF ANY, UNTIL HE OR SHE SHALL HAVE MADE AT
30 LEAST TWENTY-FOUR MONTHLY OR FIFTY-TWO BI-WEEKLY CONTRIBUTIONS
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1 INTO THE RETIREMENT FUND SUBSEQUENT TO HIS OR HER REEMPLOYMENT.
2 THE FOREGOING PROVISIONS SHALL NOT HAVE A RETROACTIVE
3 APPLICATION AND SHALL APPLY ONLY TO PRESENT AND FUTURE COUNTY
4 EMPLOYES. THE RATE REQUIRED TO BE PAID IN ACCORDANCE WITH THIS
5 PROVISION SHALL APPLY TO PRESENT COUNTY EMPLOYES NOTWITHSTANDING
6 THE RATE OF CONTRIBUTION THAT THE PRESENT COUNTY EMPLOYE HAS
7 MADE INTO THE RETIREMENT FUND.
8 * * *
9 Section 2 3. Section 2001(d) of the act, amended October 5, <--
10 1990 (P.L.519, No.125), is amended to read:
11 Section 2001. County Commissioners to Make Contracts.--The
12 County Commissioners may make contracts for lawful purposes and
13 for the purposes of carrying into execution the provisions of
14 this section and the laws of the Commonwealth.
15 * * *
16 (d) The contracts or purchases made by the commissioners
17 involving an expenditure of over ten thousand dollars ($10,000)
18 which shall not require advertising or bidding as hereinbefore
19 provided are as follows:
20 (1) Those for maintenance, repairs or replacements for
21 water, electric light, or other public works: Provided, That
22 they do not constitute new additions, extensions or enlargements
23 of existing facilities and equipment, but a bond may be required
24 by the county commissioners as in other cases of work done.
25 (2) Those made for improvements, repairs and maintenance of
26 any kind made or provided by the county through its own
27 employes: Provided, That this shall not apply to construction
28 materials used in a street improvement.
29 (3) Those where particular types, models or pieces of new
30 equipment, articles, apparatus, appliances, vehicles or parts
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1 thereof are desired by the county commissioners, which are
2 patented and manufactured products or copyrighted products.
3 (4) Those involving any policies of insurance or surety
4 company bonds, those made for public utility service under
5 tariffs on file with the Pennsylvania Public Utility Commission.
6 [, those made with another political subdivision or a county,
7 the Commonwealth of Pennsylvania, the Federal Government, any
8 agency of the Commonwealth or the Federal Government, or any
9 municipal authority, including the sale, leasing or loan of any
10 supplies or materials by the Commonwealth or the Federal
11 Government, or their agencies, but the price thereof shall not
12 be in excess of that fixed by the Commonwealth, the Federal
13 Government, or their agencies.]
14 (5) Those involving personal or professional services.
15 (6) Those involving tangible client services provided by
16 nonprofit agencies. For the purposes of this clause, the term
17 "tangible client services" shall mean congregate meals, home-
18 delivered meals, transportation and chore services provided
19 through area agencies on aging.
20 (7) Those involving the purchase of milk.
21 (8) Those made with any public body, including, but not
22 limited to, the sale, lease or loan of any supplies or materials
23 to the county by a public body, provided that the price thereof
24 shall not be in excess of that fixed by the public body. The
25 requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to
26 intergovernmental cooperation) shall not apply when a county
27 purchases cooperatively with another public body which has
28 entered into a contract for supplies or materials. As used in
29 this paragraph, "public body" shall mean any of the following:
30 (i) The Federal Government;
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1 (ii) The Commonwealth of Pennsylvania;
2 (iii) any other state;
3 (iv) a political subdivision, local or municipal authority
4 or other similar local entity of the Commonwealth or any other
5 state; or
6 (v) an agency of the Federal Government, the Commonwealth or
7 any other state.
8 * * *
9 Section 3. The act is amended by adding a section to read: <--
10 Section 2634. Sludge reporting requirement.--(a) The
11 Department of Environmental Protection shall compile and make
12 available, upon request, to any municipality a report of
13 complaints regarding the spreading of sewage sludge in the past
14 six (6) years. This report shall also be submitted to the
15 General Assembly by February 1 of every year beginning on
16 February 1, 2001.
17 (b) The report shall include the following:
18 (1) Region.
19 (2) Type of land affected by the sludge.
20 (3) Company that is spreading the sludge.
21 (4) Type of complaint.
22 (5) Status of complaint.
23 Section 4. The act is amended by adding an article to read:
24 Article XXX-A
25 Conservation, Open Space, Recreation and
26 Revitalization Financing
27 Section 3001-A. Short Title.--This article shall be known
28 and may be cited as the "County Open Space Financing Act."
29 Section 3002-A. Statement of Legislative Intent.--It is the
30 purpose of this article to provide a means by which counties may
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1 acquire, maintain and preserve property for open space,
2 agricultural conservation, greenway preservation and community
3 revitalization. The General Assembly finds that it is important
4 to preserve and use land for these purposes in order to protect
5 the aquifers, air and soil, the agricultural base and the
6 quality of life in communities and to maintain an attractive
7 environment for business and industry location. The incurring of
8 debt or the imposition of taxes to generate funds by law is
9 declared to be for the public benefit for the advancement of the
10 public health, safety, morals and general welfare of the
11 citizens of this Commonwealth and for the promotion of sound
12 land development.
13 Section 3003-A. Definitions.--Unless the context clearly
14 indicates otherwise, the following words and phrases when used
15 in this article shall have the following meanings:
16 "Acquisition," activities by or on behalf of a county
17 related to the purchase of improved or unimproved property, or
18 to the preservation, rehabilitation or demolition or removal of
19 buildings or other improvements on such a property and related
20 site work.
21 "County," a county of the second class A.
22 "Maintenance," activities by or on behalf of a county to cut
23 grass and weeds, remove trash and debris, build or maintain any
24 trails or access roads and otherwise to support the upkeep of
25 the property and any improvements thereon. This term shall
26 include the acquisition and maintenance of lawn mowers, tractors
27 and other machinery used primarily for the maintenance of this
28 property. This term shall also include the proportionate share
29 of the salaries and benefits of county employes when working on
30 activities associated with this property.
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1 "Property," any interest in real property acquired by a
2 county as authorized by section 3004-A.
3 Section 3004-A. Acquisition and Maintenance of Property.--
4 (a) A county shall have the power and authority to purchase or
5 expend funds on or make grants to municipalities for any of the
6 following:
7 (1) Open space property interests authorized in the act of
8 January 19, 1968 (1967 P.L.992, No.442), entitled, as amended,
9 "An act authorizing the Commonwealth of Pennsylvania and the
10 local government units thereof to preserve, acquire or hold land
11 for open space uses."
12 (2) Agricultural conservation easements pursuant to a
13 program authorized by the county governing body and administered
14 in accordance with the act of June 30, 1981 (P.L.128, No.43),
15 known as the "Agricultural Area Security Law."
16 (3) Recreation and park lands, greenways, natural areas and
17 open space consistent with the purposes set forth in the act of
18 July 2, 1993 (P.L.359, No.50), known as the "Keystone
19 Recreation, Park and Conservation Fund Act."
20 (4) Real property, including air rights, water rights and
21 other interests therein, which is:
22 (i) blighted, deteriorating or undeveloped;
23 (ii) appropriate for rehabilitation or conservation
24 activities;
25 (iii) appropriate for the preservation or restoration of
26 historic sites, the beautification of urban land, the
27 conservation of open spaces, natural resources and scenic areas,
28 the provision of recreational opportunities or the guidance of
29 urban development; or
30 (iv) to be used for the provision of public works,
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1 facilities and improvements.
2 (b) Property acquisitions by the county pursuant to
3 subsection (a)(4) shall be subject to the following conditions:
4 (1) Any improvements, alterations, land development or
5 construction to or on the property shall be consistent with the
6 county and municipal comprehensive plans and the municipal
7 redevelopment plan or joint county and municipal redevelopment
8 plan and shall be subject to all municipal ordinances,
9 regulations and permits governing land and improvements,
10 including, but not limited to, municipal zoning, subdivision and
11 land development ordinances, historic district ordinances and
12 building and demolition permits.
13 (2) Any property not acquired for use by the county for the
14 provision of county services shall be disposed of by the county
15 as soon after completion of redevelopment or improvement as
16 market conditions permit.
17 (3) Proceeds of any sale of such property shall be deposited
18 in the tax proceeds fund established under section 3011-A.
19 (c) A county shall have the power and authority to expend a
20 portion of the proceeds of any tax imposed pursuant to this
21 article for the maintenance of any property acquired under the
22 provisions of this article. The amount of tax proceeds which may
23 be spent for maintenance shall not exceed twenty per centum
24 (20%) of the annual tax proceeds while the tax is being levied
25 after which the entire remaining balance in the fund may be used
26 for ongoing maintenance.
27 Section 3005-A. Incurring Debt; Installment Payments.--(a)
28 A county may incur either electoral or nonelectoral debt under
29 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
30 borrowing), for the acquisition of property as set forth in
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1 section 3004-A.
2 (b) (1) Electoral debt, for the purpose of acquiring
3 property as set forth in section 3004-A, may be incurred in
4 accordance with 53 Pa.C.S. Ch. 80 Subch. C (relating to
5 procedure for securing approval of electors).
6 (2) Notwithstanding that nonelectoral debt may be incurred
7 under 53 Pa.C.S. Pt. VIII Subpt. B without securing the approval
8 of the electors, an initiative petition of electors submitted in
9 accordance with section 3006-A or an ordinance of the governing
10 body adopted in accordance with section 3007-A may provide for a
11 nonbinding, advisory referendum on the question of whether
12 nonelectoral debt should be incurred for the purpose of
13 acquiring property in accordance with section 3004-A.
14 (c) To the extent that the laws enumerated in section 3004-A
15 do not conflict with the exercise of the authority contained in
16 this subsection, the governing body of a county may authorize
17 the establishment of a program for the acquisition of property
18 as set forth in section 3004-A on an installment or other
19 deferred basis. The obligation of the county to make payment on
20 an installment or other deferred basis shall not be subject to
21 the requirements of 53 Pa.C.S. § 8142(b) or (c) (relating to
22 limitations on stated maturity dates).
23 Section 3006-A. Tax and Debt Initiative; Referendum
24 Petition.--(a) Prior to the utilization of the initiative
25 procedure authorized by this section, there shall be filed with
26 the county board of elections a petition containing a proposal
27 for a referendum on the question of imposing a tax as specified
28 in section 3009-A for the purpose of dedicating the tax revenues
29 for either the acquisition of property as set forth in section
30 3004-A or repaying debt incurred for the acquisition of property
19990S0706B2057 - 13 -
1 as authorized by section 3005-A.
2 (b) The petition under subsection (a) may also contain a
3 proposal for a nonbinding, advisory referendum on the question
4 of whether nonelectoral debt should be incurred, as authorized
5 by section 3005-A, for the acquisition of property as set forth
6 in section 3004-A. The proposal for a nonbinding, advisory
7 referendum on the question of whether nonelectoral debt should
8 be incurred may be the sole subject of the petition or it may be
9 included with a proposal for a referendum on the question of
10 imposing a tax.
11 (c) A petition shall be signed by electors of the county
12 comprising at least two per centum (2%) of the number of
13 electors voting for the office of Governor in the last
14 gubernatorial general election in the county.
15 (d) A referendum petition under this section shall be filed
16 not later than the 13th Tuesday prior to the next primary,
17 general or municipal election at which the referendum will be
18 held.
19 (e) (1) If the petition proposes a referendum on whether a
20 tax should be imposed as specified in section 3009-A, the
21 petition shall identify the tax and the millage or rate at which
22 it will be imposed by the county and the purpose or purposes for
23 which the tax revenues are to be used.
24 (2) If the petition proposes a nonbinding, advisory
25 referendum on whether nonelectoral debt should be incurred, as
26 authorized by section 3005-A, for the acquisition of property as
27 set forth in section 3004-A, the petition shall state the amount
28 of the nonelectoral debt to be incurred and the purpose or
29 purposes for which the debt proceeds are to be used.
30 (f) The petition and the proceedings therein shall be in the
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1 manner and subject to the provisions of the election laws which
2 relate to the signing, filing and adjudication of nomination
3 petitions insofar as those provisions are applicable. No
4 referendum petition may be signed or circulated prior to the
5 20th Tuesday before the election nor later than the 13th Tuesday
6 before the election.
7 Section 3007-A. Referendum Ordinance.--(a) In lieu of an
8 initiative petition under section 3006-A, the governing body of
9 a county may, by ordinance, provide for a referendum on the
10 question of imposing a tax as specified in section 3009-A for
11 the purpose of dedicating the tax revenues for either the
12 acquisition and maintenance of property as set forth in section
13 3004-A or repaying debt incurred for the acquisition of property
14 as authorized by section 3005-A.
15 (b) The ordinance also may contain a proposal for a
16 nonbinding, advisory referendum on the question of whether
17 nonelectoral debt should be incurred, as authorized by section
18 3005-A, for the acquisition of property as set forth in section
19 3004-A. The proposal for a nonbinding, advisory referendum on
20 the question of whether nonelectoral debt should be incurred may
21 be the sole subject of the ordinance or it may be included with
22 a proposal for a referendum on the question of imposing a tax.
23 (c) (1) If the ordinance proposes a referendum of whether a
24 tax should be imposed as specified in section 3009-A, the
25 ordinance shall identify the tax and the millage or rate at
26 which it will be imposed by the county and the purpose or
27 purposes for which the tax revenues are to be used.
28 (2) If the ordinance proposes a nonbinding referendum of
29 whether nonelectoral debt should be incurred, as authorized by
30 section 3005-A, for the acquisition of property as set forth in
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1 section 3004-A, the petition shall state the amount of the
2 nonelectoral debt to be incurred and the purpose or purposes for
3 which the debt proceeds are to be used.
4 (d) The ordinance providing for a referendum on the question
5 shall be filed with the county board of elections not later than
6 the 13th Tuesday prior to the next primary, general or municipal
7 election at which the referendum will be held.
8 Section 3008-A. Authorizing Referendum.--(a) A referendum
9 on the question of imposing a tax as specified in section 3009-A
10 for the purpose of dedicating the tax revenues for either the
11 acquisition and maintenance of property as set forth in section
12 3004-A or repaying debt incurred for the acquisition of property
13 as authorized by section 3005-A, or a nonbinding, advisory
14 referendum on the question of incurring nonelectoral debt, as
15 authorized by section 3005-A, for the acquisition of property as
16 set forth in section 3004-A, shall be held if initiated by
17 either the electors of the county in accordance with section
18 3006-A or after adoption of an ordinance by the governing body
19 of the county in accordance with section 3007-A.
20 (b) The referendum shall be governed by the provisions of
21 the act of June 3, 1937 (P.L.1333, No.320), known as the
22 "Pennsylvania Election Code." Election officials shall cause the
23 question to be submitted to the electors of the county at the
24 next primary, general or municipal election occurring not less
25 than the 13th Tuesday following the filing, with the county
26 board of elections, of either the referendum petition in
27 accordance with section 3006-A or the referendum ordinance in
28 accordance with section 3007-A. At such election, the question
29 shall be submitted to the voters in the same manner as other
30 questions are submitted under the provisions of the
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1 "Pennsylvania Election Code."
2 (c) Either one or both of the following questions, as
3 directed in the referendum petition or the referendum ordinance
4 are to be placed upon the ballot and shall be framed in the
5 following form:
6 Do you favor the imposition of a (identify the tax or
7 taxes and the millage or rate or rates at which the tax
8 or taxes will be imposed) by (insert the name of the
9 county) to be used for (identify the purpose or
10 purposes)?
11 Do you favor incurring nonelectoral debt within the debt
12 limits provided by law for (insert the name of the
13 county) in the amount of (identify the amount of the debt
14 to be incurred) by (insert the name of the county) to be
15 used for (identify the purpose or purposes)?
16 Section 3009-A. Taxes Authorized.--If approved by a majority
17 of those voting in a referendum authorized by either ordinance
18 or initiative in accordance with this article, a county may
19 impose, by ordinance, any one or more of the following taxes as
20 approved by referendum, not exceeding the millage or rate
21 authorized by the referendum, for the purpose of dedicating the
22 tax revenues for the acquisition and maintenance of property as
23 set forth in section 3004-A or for repaying debt incurred for
24 the acquisition of property as authorized by section 3005-A.
25 (1) A tax on real property in addition to other real estate
26 taxes authorized for counties by law. The tax authorized by this
27 paragraph shall be in addition to, and shall not otherwise
28 affect or prevent an increase in the millage rate for real
29 estate taxes for general county purposes within limits otherwise
30 authorized by law.
19990S0706B2057 - 17 -
1 (2) A tax on the transfer of real property, or of any
2 interest in real property, situate within the county, regardless
3 of where the instruments making the transfers are made, executed
4 or delivered or where the actual settlements on such transfer
5 take place, subject to the limitations and restrictions placed
6 on political subdivisions imposing a tax on the transfer of real
7 property in accordance with the act of December 31, 1965
8 (P.L.1257, No.511), known as "The Local Tax Enabling Act." The
9 tax authorized by this paragraph may be imposed at a maximum
10 rate of one per centum (1%), in increments of one-half of one
11 per centum (.5%), but not exceeding the rate authorized by the
12 referendum, and shall be in addition to the realty transfer tax
13 authorized by either "The Local Tax Enabling Act" or the act of
14 March 4, 1971 (P.L.6, No.2), known as the "Tax Reform Code of
15 1971."
16 Section 3010-A. Bond Proceeds Fund.--Each county incurring
17 debt in accordance with this article shall establish a bond
18 proceeds fund and all money received by a county from the
19 proceeds of debt incurred in accordance with this article, shall
20 be deposited in that fund. Appropriations from the bond proceeds
21 fund shall be used solely and exclusively for the acquisition of
22 property as set forth in section 3004-A.
23 Section 3011-A. Tax Proceeds Fund.--Each county imposing a
24 tax in accordance with this article shall establish a tax
25 proceeds fund and all money received by a county from the
26 imposition of any tax under this article, including interest and
27 penalties, shall be deposited in that fund. The fund may also
28 accept appropriations, donations, bequests and contributions
29 from the Commonwealth or other persons or other entities for the
30 purposes of this article. Expenditures from the tax proceeds
19990S0706B2057 - 18 -
1 fund shall be used solely and exclusively for the acquisition
2 and maintenance of property as set forth in section 3004-A or
3 repaying debt incurred for the acquisition of property as
4 authorized by section 3005-A.
5 Section 3012-A. Continuity of Tax; Tax Increases.--(a)
6 Every tax levied under this article shall continue in force on a
7 calendar or fiscal year basis, as the case may be, without
8 annual reenactment unless the rate of tax is increased or the
9 tax is subsequently repealed by an ordinance of the governing
10 body of the county. Any tax levied under this article shall not
11 be repealed within five years following its imposition unless
12 the repeal is first approved by a majority of those voting on a
13 referendum on the question of repeal, which may be presented to
14 the voters in accordance with the procedures set forth in this
15 article for the referendum on the question of levying the tax.
16 (b) A governing body of a county which has levied a tax in
17 accordance with this article shall not increase the rate or
18 millage of the tax, except for any increase in millage required
19 to equalize revenues after a countywide reassessment, without
20 first obtaining the approval of a majority of those voting in a
21 referendum on the question of increasing the rate or millage. A
22 referendum under this subsection shall be governed by the
23 provisions of the act of June 3, 1937 (P.L.1333, No.320), known
24 as the "Pennsylvania Election Code." Election officials shall
25 cause the question to be submitted to the electors of the county
26 at the next primary, general or municipal election occurring not
27 less than the 13th Tuesday following the filing, with the county
28 board of elections of an ordinance of the governing body
29 proposing to increase the rate or millage of the tax and
30 proposing a referendum on that question. At such election, the
19990S0706B2057 - 19 -
1 question shall be submitted to the voters in the same manner as
2 other questions are submitted under the provisions of the
3 "Pennsylvania Election Code." The question to be placed upon the
4 ballot shall be framed in the following form:
5 Do you favor an increase in the (insert the millage or
6 rate) of (identify the tax or taxes) previously approved
7 by the voters and imposed by (insert the name of the
8 county) for (identify the purpose or purposes for which
9 the tax had been imposed) from (insert the current
10 millage or rate) to (insert the proposed millage or
11 rate)?
12 Section 3013-A. Preemption.--No act of the General Assembly
13 shall vacate or preempt any ordinance adopted under this article
14 providing for the imposition of a tax by a county unless the act
15 of the General Assembly expressly vacates or preempts the
16 authority to adopt the ordinance.
17 Section 3014-A. Construction.--The power and authority
18 granted to a county under this article shall be in addition to,
19 and not in limitation of, any other power or authority
20 heretofore or hereafter granted to a county by any other law,
21 and shall be construed to enlarge and not to reduce or limit the
22 power and authority of counties.
23 Section 5. This act shall take effect as follows:
24 (1) The addition of section 511 and the amendment of
25 section 2001(d) shall take effect in 60 days.
26 (2) The addition of section 2634 of the act shall take
27 effect in 30 days.
28 (3) The addition of Article XXX-A of the act shall take
29 effect immediately.
30 (4) This section shall take effect immediately.
19990S0706B2057 - 20 -
1 SECTION 4. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
2 SECTION 2003. CERTAIN CONTRACT PROVISIONS PROHIBITED.--NO
3 POLITICAL SUBDIVISION OR AUTHORITY IN A COUNTY MAY ENTER INTO
4 ANY CONTRACT RELATED TO A REDEVELOPMENT CAPITAL ASSISTANCE
5 PROJECT AS PROVIDED UNDER SECTION 318 OF THE ACT OF FEBRUARY 9,
6 1999 (P.L.1, NO.1), KNOWN AS THE "CAPITAL FACILITIES DEBT
7 ENABLING ACT," WHICH CONTAINS A PROVISION REQUIRING THAT A
8 SPECIFIED PERCENTAGE OF A CONTRACTING PARTY'S WORK FORCE BE
9 RESIDENTS OF A SPECIFIC MUNICIPALITY.
10 SECTION 5. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ:
11 ARTICLE XXV-A
12 SECOND CLASS COUNTY JAIL OVERSIGHT BOARD
13 SECTION 2501-A. SHORT TITLE.--THIS ARTICLE SHALL BE KNOWN
14 AND MAY BE CITED AS THE SECOND CLASS COUNTY JAIL OVERSIGHT BOARD
15 ACT.
16 SECTION 2502-A. DEFINITIONS.--THE FOLLOWING WORDS AND
17 PHRASES AS USED IN THIS ARTICLE SHALL BE CONSTRUED TO HAVE THE
18 FOLLOWING MEANINGS:
19 "BOARD," THE COUNTY JAIL OVERSIGHT BOARD OF A SECOND CLASS
20 COUNTY.
21 SECTION 2503-A. ESTABLISHMENT AND COMPOSITION.--(A) THERE
22 IS HEREBY ESTABLISHED A COUNTY JAIL OVERSIGHT BOARD IN ANY
23 COUNTY OF THE SECOND CLASS WHICH SHALL BE NAMED THE "
24 COUNTY JAIL OVERSIGHT BOARD."
25 (B) THE BOARD SHALL BE COMPOSED OF:
26 (1) THE COUNTY CHIEF EXECUTIVE.
27 (2) TWO JUDGES OF THE COURT OF COMMON PLEAS, ONE OF WHOM
28 SHALL BE THE PRESIDENT JUDGE, OR HIS DESIGNEE WHO SHALL BE A
29 JUDGE, AND ONE JUDGE APPOINTED BY THE PRESIDENT JUDGE.
30 (3) THE COUNTY SHERIFF.
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1 (4) THE COUNTY CONTROLLER.
2 (5) THE PRESIDENT OF COUNTY COUNCIL OR HIS DESIGNEE.
3 (6) THREE (3) CITIZEN MEMBERS AS PROVIDED IN SUBSECTION (C).
4 (C) THE THREE (3) CITIZEN MEMBERS SHALL NOT BE EMPLOYES OF
5 THE COUNTY OR OF THE COMMONWEALTH. THEY SHALL SERVE FOR A TERM
6 OF THREE (3) YEARS, AND SHALL BE REPRESENTATIVE OF THE BROAD
7 SEGMENTS OF THE COUNTY'S POPULATION AND SHALL INCLUDE PERSONS
8 WHOSE BACKGROUND AND EXPERIENCE INDICATE THAT THEY ARE QUALIFIED
9 TO ACT IN THE INTEREST OF THE PUBLIC. THE CITIZEN MEMBERS SHALL
10 BE APPOINTED BY THE COUNTY CHIEF EXECUTIVE WITH THE CONSENT OF
11 COUNTY COUNCIL.
12 SECTION 2504-A. POWERS AND DUTIES.--(A) ADMINISTRATIVE
13 POWERS AND DUTIES OF THE BOARD SHALL INCLUDE OVERSIGHT AS TO THE
14 HEALTH AND SAFEKEEPING OF INMATES AND AN ADVISER TO THE COUNTY
15 MANAGER WHO SHALL BE RESPONSIBLE FOR THE OPERATION AND
16 MAINTENANCE OF THE PRISON THROUGH THE WARDEN AND ALL ALTERNATIVE
17 HOUSING FACILITIES, THE SAFEKEEPING OF INMATES AND THE
18 CONFIRMATION OF THE COUNTY CHIEF EXECUTIVE'S SELECTION OF A
19 WARDEN.
20 (B) THE BOARD SHALL INSURE THAT THE LIVING CONDITIONS WITHIN
21 THE PRISON ARE HEALTHFUL AND OTHERWISE ADEQUATE.
22 (C) THE BOARD SHALL, AT LEAST TWICE EACH YEAR, CONDUCT AN
23 UNANNOUNCED INSPECTION OF THE PRISON'S PHYSICAL PLANT. DURING
24 SUCH INSPECTIONS THE BOARD SHALL INTERVIEW A CROSS-SECTION OF
25 INMATES, OUT OF THE PRESENCE OF THE WARDEN AND HIS AGENTS, TO
26 DETERMINE THE CONDITIONS WITHIN THE PRISON. AFTER EACH
27 INSPECTION, THE BOARD SHALL PREPARE A WRITTEN REPORT SETTING
28 FORTH ITS FINDINGS AND DETERMINATIONS WHICH SHALL BE AVAILABLE
29 FOR PUBLIC INSPECTION.
30 (D) THE BOARD SHALL OVERSEE THE HEALTH AND SAFEKEEPING OF
19990S0706B2057 - 22 -
1 THE INMATES TO ASSURE THAT THEIR HEALTH AND SAFEKEEPING ARE IN
2 ACCORDANCE WITH ITS REGULATIONS, LAWS AND REGULATIONS OF THE
3 UNITED STATES AND LAWS AND REGULATIONS OF THIS COMMONWEALTH.
4 (E) THE BOARD SHALL INVESTIGATE ALLEGATIONS OF INADEQUATE
5 PRISON CONDITIONS AND IMPROPER PRACTICES OCCURRING WITHIN THE
6 PRISON AND MAY MAKE SUCH OTHER INVESTIGATIONS OR REVIEWS OF
7 PRISON OPERATION AND MAINTENANCE. THE BOOKS, PAPERS AND RECORDS
8 OF THE PRISON, INCLUDING BUT NOT LIMITED TO, THE PAPERS AND
9 RECORDS OF THE WARDEN AND THOSE RELATING TO INDIVIDUAL INMATES,
10 SHALL AT ALL TIMES BE AVAILABLE FOR INSPECTION BY THE BOARD.
11 SECTION 2505-A. RULES AND REGULATIONS.--THE BOARD SHALL, IN
12 THE MANNER PROVIDED BY LAW, PROMULGATE SUCH RULES, REGULATIONS
13 AND FORMS IT DEEMS NECESSARY FOR THE PROPER ADMINISTRATION OF
14 THE BOARD AND FOR ITS OVERSIGHT OF THE HEALTH AND SAFEKEEPING OF
15 THE INMATES.
16 SECTION 2506-A. WARDEN.--(A) (1) THE CHIEF EXECUTIVE SHALL
17 APPOINT A WARDEN SUBJECT TO CONFIRMATION BY THE BOARD. THE
18 WARDEN SHALL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE WHO
19 SHALL FIX AN APPROPRIATE SALARY.
20 (2) THE WARDEN SHALL BE A RESIDENT OF THE COUNTY SIX MONTHS
21 AFTER THE DATE OF APPOINTMENT.
22 (B) SUBJECT TO APPROVAL OF THE MANAGER, THE WARDEN SHALL
23 EMPLOY DEPUTIES, ASSISTANTS AND OTHER PERSONNEL REQUIRED TO
24 ADEQUATELY OPERATE THE PRISON.
25 (C) THE WARDEN SHALL SUBMIT AN ANNUAL WRITTEN REPORT TO THE
26 BOARD WHICH SHALL CONTAIN INFORMATION ON THE POPULATION,
27 CONDITIONS AND PRACTICES IN THE PRISON AND OTHER MATTERS AS
28 SPECIFIED BY THE BOARD. THE ANNUAL REPORT SHALL BE AVAILABLE FOR
29 PUBLIC INSPECTION.
30 (D) THE WARDEN SHALL REPORT TO THE COUNTY CHIEF EXECUTIVE
19990S0706B2057 - 23 -
1 AND TO THE BOARD.
2 SECTION 2507-A. BOARD MEETINGS.--THE BOARD SHALL MEET AT
3 LEAST ONCE EACH MONTH AND SHALL KEEP REGULAR MINUTES OF ITS
4 PROCEEDINGS WHICH SHALL BE OPEN TO PUBLIC INSPECTION.
5 SECTION 2508-A. CONTRACTS AND PURCHASES.--ALL CONTRACTS AND
6 PURCHASES REQUIRED FOR THE MAINTENANCE AND SUPPORT OF THE
7 PRISONERS, REPAIRS AND IMPROVEMENTS OF THE PRISON AND MATERIALS
8 AND SUPPLIES SHALL BE CONDUCTED IN ACCORDANCE WITH THE
9 APPLICABLE PROVISIONS OF THE COUNTY ADMINISTRATIVE CODE.
10 SECTION 2509-A. TRANSITION PROVISIONS.--(A) THE BOARD
11 ESTABLISHED BY THE ACT OF DECEMBER 10, 1980 (P.L.1152, NO.208),
12 KNOWN AS THE "SECOND CLASS COUNTY PRISON BOARD ACT," IS HEREBY
13 ABOLISHED ON THE EFFECTIVE DATE OF THIS ARTICLE.
14 (B) ALL BOOKS, PAPERS AND RECORDS OF THAT BOARD SHALL BE
15 TRANSFERRED TO THE COUNTY JAIL OVERSIGHT BOARD ESTABLISHED BY
16 THIS ARTICLE.
17 (C) THE COUNTY JAIL OVERSIGHT BOARD ESTABLISHED BY THIS
18 ARTICLE SHALL ASSUME OWNERSHIP OF ALL REAL AND PERSONAL PROPERTY
19 OWNED BY THE BOARD ABOLISHED IN SUBSECTION (A) AND SHALL ASSUME
20 ALL RIGHTS, DUTIES AND OBLIGATIONS OF ANY CONTRACT ENTERED INTO
21 BY THAT ABOLISHED BOARD.
22 SECTION 6. SECTION 3107-C OF THE ACT IS AMENDED BY ADDING A
23 SUBSECTION TO READ:
24 SECTION 3107-C. CHARTER LIMITATIONS.--* * *
25 (M) THE COUNTY UNDER THE CHARTER SHALL BE SUBJECT TO THE
26 RESTRICTIONS AND PROHIBITIONS CONCERNING THE EMPLOYES'
27 RETIREMENT SYSTEM UNDER ARTICLE XVII AND THIS ARTICLE.
28 SECTION 7. THE PROVISIONS OF ARTICLE XXV-A OF THE ACT ARE
29 NONSEVERABLE. IF ANY PROVISION OF THAT ARTICLE OR ITS
30 APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE
19990S0706B2057 - 24 -
1 REMAINING PROVISIONS OR APPLICATIONS OF THAT ARTICLE ARE VOID.
2 SECTION 8. THE AMENDMENT OF SECTIONS 1708, 1712 AND 3107-C
3 OF THE ACT SHALL BE RETROACTIVE TO JANUARY 1, 2000.
4 SECTION 9. THE ACT OF DECEMBER 10, 1980 (P.L.1152, NO.208),
5 KNOWN AS THE SECOND CLASS COUNTY PRISON BOARD ACT, IS REPEALED.
6 SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
7 (1) THE AMENDMENT OR ADDITION OF SECTIONS 511 AND
8 2001(D) OF THE ACT SHALL TAKE EFFECT IN 60 DAYS.
9 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
10 IMMEDIATELY.
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