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,
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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:
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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,
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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
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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
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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
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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
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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
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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
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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
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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.
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