2023-2024 Regular Session SB 945 PN 1111 Bill Text (HTM)

PRINTER'S NO. 1111

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

945

Session of

2023

INTRODUCED BY BROWN, HUTCHINSON, DUSH, KEARNEY AND COMITTA,

SEPTEMBER 22, 2023

REFERRED TO LOCAL GOVERNMENT, SEPTEMBER 22, 2023

AN ACT

Amending Title 16 (Counties) of the Pennsylvania Consolidated

Statutes, consolidating the act of August 9, 1955 (P.L.323,

No.130), known as The County Code; and making repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Part I heading of Title 16 of the Pennsylvania

Consolidated Statutes is amended to read:

PART I

PRELIMINARY PROVISIONS

[(Reserved)]

Section 2. Part I of Title 16 is amended by adding chapters

to read:

CHAPTER 1

GENERAL PROVISIONS

Sec.

101. Scope of title.

102. Applicability.

102.1. Definitions.

103. Excluded provisions.

104. Saving clause.

105. Holding of office.

106. Construction of references.

107. Constitutional construction.

108. Legislation according to class.

108.1. (Reserved).

§ 101. Scope of title.

This title relates to counties.

§ 102. Applicability.

Except for the following, this title does not apply to

counties of the first or second classes:

(1) Section 108 (relating to legislation according to

class).

(2) Sections 301 (relating to enumeration of counties),

310 (relating to counties divided into nine classes) and 311

(relating to ascertainment, certification and effect of

change of class).

(3) Subchapter B of Chapter 11 (relating to required

fiscal security for officers and employees).

(4) Part II (relating to counties of the first class).

(5) Part III (relating to counties of the second class).

(6) Chapter 139 (relating to coroner).

(7) Section 14301 (relating to district attorney,

qualifications, eligibility and compensation) or in section

17509 (relating to h otel room rental tax in second class and

second class A counties) .

(8) Chapter 171 (relating to Southwestern Pennsylvania

Regional Renaissance Initiative).

(9) Chapter 173 (relating to third class county

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convention center authorities).

§ 102.1. Definitions.

The following words and phrases when used in this title shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"County Code." The former act of August 9, 1955 (P.L.323,

No.130), known as The County Code.

"Municipal corporation." A city, borough, incorporated town,

township of the first or second class or a home rule or optional

charter municipality other than a county.

"Municipality." A municipal corporation or county.

"Recreation places." The term includes public parks,

parkways, bridle paths, horse show rings, footpaths,

playgrounds, playfields, gymnasiums, public baths, swimming

pools, agricultural fairgrounds or other indoor or outdoor

recreation centers.

"Street." A street, road, lane, court, cul-de-sac, alley,

public way or public square.

§ 103. Excluded provisions.

This title does not include any provisions of, and may not be

construed to repeal:

(1) Article XIII.1 of the act of April 9, 1929 (P.L.343,

No.176), known as The Fiscal Code.

(2) Except as otherwise provided in section 3903 of the

County Code, the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

(3) The act of August 24, 1951 (P.L.1304, No.315), known

as the Local Health Administration Law.

(4) Any law relating to the fees of county officers,

except any acts repealed by former Article XXXIX of the

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County Code.

(5) Except if expressly provided, any law relating to

the collection of municipal and tax claims.

(6) Any law relating to the assessment and valuation of

property and persons for taxation.

(7) Any law relating to the giving of county consent to

public utilities.

(8) Any law relating to State highways.

(9) Any law relating to the validation of elections,

bonds, resolutions and accounts of corporate officers.

(10) Any law relating to collections by county officers

of money for the Commonwealth, and the issuance of State

licenses.

(11) Any law relating to the government and regulation

of or commitment to jails, prisons and other correctional

institutions and maintenance and care of prisoners or inmates

in jails, prisons and other correctional institutions.

(12) Any law relating to civil and criminal procedure,

except special provisions concerning action.

(13) Any law relating to joint county and municipal

buildings and works.

(14) Any law relating to county libraries, except law

libraries.

(15) Any law relating to the recording of deeds,

mortgages or other instruments in writing.

(16) Any law relating to the rebinding, reindexing and

transcribing of records in county offices.

(17) Any temporary law.

(18) Any amendment or supplement of any of the laws

referred to in this section.

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(19) 53 Pa.C.S. Pt. VII Subpt. B (relating to

indebtedness and borrowing).

(20) 66 Pa.C.S. Pt. I (relating to public utility code).

§ 104. Saving clause.

(a) Continuation.--This title, as far as the provisions of

this title are the same as the provisions of laws in existence

on January 1, 1956, shall be construed as a continuation of the

laws, and not as a new enactment. The repeal by the County Code

of any provisions of law, may not revive any law repealed or

superseded prior to January 1, 1956, nor affect the existence or

class of any county created prior to January 1, 1956. This title

may not affect any act done, liability incurred or right accrued

or vested, nor affect any suit or prosecution, pending or to be

instituted, to enforce any right or penalty or punish any

offense under the authority of the repealed laws.

(b) Local laws.--Each ordinance, resolution, regulation and

rule, made under an act repealed by the County Code, shall

continue with the same force and effect as if the act had not

been repealed. Each local act applying to particular counties,

not specifically repealed, shall continue in force, and any

provisions of this title inconsistent with local laws may not

apply to the counties affected by the local laws, unless the

application is clearly indicated.

counties, or to particular classes of counties, in force as of

January 1, 1956, and not repealed by the County Code, shall

remain in force in the same manner and with the same effect as

prior to the adoption of the County Code.

(d) Second Class County Code.--This title shall be

considered a continuation of the act of July 28, 1953 (P.L.723,

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No.230), known as the Second Class County Code, as it pertains

to second class A counties, except where otherwise expressly

provided. The repeal of the Second Class County Code as it

relates to second class A counties by former section 3901 of the

County Code may not be construed as modifying or repealing any

term of office, power, ordinance, rule or regulation of home

rule counties or counties of the second class A existing on

December 24, 2018.

§ 105. Holding of office.

An individual holding an elective office under the County

Code shall continue to hold the office until the expiration of

the individual's term, subject to the conditions and salary

attached to the office prior to October 24, 2018.

§ 106. Construction of references.

If reference is made to any act, the reference shall also

apply to and include any codifications in which the provisions

of the act referred to are substantially reenacted or to

reenactments, revisions or amendments of the act.

§ 107. Constitutional construction.

The provisions of this title shall be severable, and, if any

of its provisions are held to be unconstitutional, the decision

of the court may not affect the validity of the remaining

provisions of this title. It is declared as a legislative intent

that this title would have been adopted by the General Assembly

had the unconstitutional provisions not been included within

this title.

§ 108. Legislation according to class.

The affairs of counties shall be legislated for and regulated

by general laws, applicable to each county, or to particular

classes, as fixed and appointed by this title. Each law adopted

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by the General Assembly for one or more of the classes fixed and

appointed by this title shall be deemed to be general laws.

§ 108.1. (Reserved).

CHAPTER 3

NAMES AND CORPORATE POWERS

AND CLASSIFICATION OF COUNTIES

Subchapter

A. Division of Commonwealth into Counties and Corporate

Powers

B. Classification

SUBCHAPTER A

DIVISION OF COMMONWEALTH INTO

COUNTIES AND CORPORATE POWERS

Sec.

301. Enumeration of counties.

§ 301. Enumeration of counties.

The Commonwealth shall be divided into 67 named counties, as

now established by law. The counties shall be Adams, Allegheny,

Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks,

Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion,

Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin,

Delaware, Elk Erie, Fayette, Forest Franklin, Fulton, Greene,

Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster,

Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mercer,

Mifflin, Monroe, Montgomery, Montour, Northampton,

Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill,

Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango,

Warren, Washington, Wayne, Westmoreland, Wyoming and York.

SUBCHAPTER B

CLASSIFICATION

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Sec.

310. Counties divided into nine classes.

311. Ascertainment, certification and effect of change of

class.

§ 310. Counties divided into nine classes.

For the purposes of legislation and the regulation of a

county's affairs, counties of this Commonwealth, now in

existence and counties to be created, shall be divided into nine

classes as follows:

(1) First Class Counties, having a population of at

least 1,500,000 inhabitants.

(2) Second Class Counties, having a population of at

least 1,000,000 but less than 1,500,000 inhabitants.

(3) Second Class A Counties, having a population of at

least 500,000 but less than 1,000,000 inhabitants.

(4) The following shall apply:

(i) Third Class Counties, having a population of at

least 210,000 but less than 500,000 inhabitants.

(ii) After the results of a Federal decennial census

are published, a county of the third class having a

population of at least 500,000 inhabitants may elect not

to become a county of the second class A by enacting an

ordinance or adopting a resolution of the county

commissioners not later than February 15 of the year

following the year in which the figures from the Federal

decennial census are certified by the United States

Department of Commerce and available.

(5) Fourth Class Counties, having a population of at

least 145,000 but less than 210,000 inhabitants.

(6) Fifth Class Counties, having a population of at

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least 90,000 but less than 145,000 inhabitants.

(7) Sixth Class Counties, having:

(i) a population of at least 45,000 but less than

90,000 inhabitants; and

(ii) having a population of at least 35,000 but less

than 45,000 inhabitants which by ordinance or resolution

of the county commissioners elect to be a county of the

sixth class.

(8) Seventh Class Counties, having:

(i) a population of at least 20,000 but less than

45,000 inhabitants; and

(ii) having a population of at least 35,000 but less

than 45,000 inhabitants which have not elected to be a

county of the sixth class.

(9) Eighth Class Counties, having a population of less

than 20,000 inhabitants.

§ 311. Ascertainment, certification and effect of change of

class.

(a) Ascertainment.--The classification of counties shall be

ascertained and fixed according to population by reference to

the Federal decennial census under this section, less the number

of individuals residing on lands that have been ceded to the

United States.

(b) Certification.--

(1) The Governor, under the great seal of this

Commonwealth, shall certify the following to the county

commissioners on or before October 1 of the year succeeding

the year in which the Federal decennial census was taken:

(i) that a Federal decennial census shows that a

county has attained a population entitling the county to

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an advance in classification; or

(ii) that the last two preceding Federal decennial

censuses show that a county has decreased in population

so as to recede in classification, as provided under this

section.

(2) The county commissioners shall forward the

certificate under paragraph (1) to the recorder of deeds, and

the certificate shall be recorded in the recorder's office.

local government is attended by certain expense and hardship and

the change should not be occasioned by a temporary fluctuation

in population. Therefore, it is the intent of this section that

the classification of a county may not be changed because its

population has decreased at the time of one Federal decennial

census, but rather only after the change is demonstrated by two

Federal decennial censuses that the population of a county has

remained below the minimum figure of its class for at least a

decade.

(d) Change in class.--

(1) Changes of class ascertained and certified shall

take effect on January 1 next following the year in which the

change was certified by the Governor to the county

commissioners, except that the salaries of county officers

may not be increased or decreased during the term for which

the county officers have been elected.

(2) In the municipal election following the

certification of change of class and preceding the effective

date of the change, the proper number of individuals shall be

elected to fill an elective office which will exist in the

county by the change of classification certified. An election

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may not be held for an office which will be abolished as a

result of a change of classification.

(e) Delayed 2020 Federal decennial census.--Unless the board

of commissioners of a county meeting the requisite county

population levels in section 310 enacts an ordinance or adopts a

resolution approving a change of classification prior to

February 22, 2022, as a result of the delays in the 2020 Federal

decennial census and the COVID-19 pandemic, the classification

of all counties as of October 1, 2021, shall remain unchanged

until the 2030 census, at which time the procedures established

in subsections (a), (b), (c) and (d) shall apply. For the

purposes of determining whether a county has decreased in

population so as to recede in classification under subsections

(b) and (c) following the 2030 decennial census, both the 2020

and 2030 decennial censuses shall be considered.

CHAPTER 5

FIXING AND RELOCATING LINES AND BOUNDARIES

Sec.

501. Petition to Commonwealth Court.

502. Commonwealth Court designation of neutral court and

appointment of commission.

503. Compensation, assistants and expenses.

504. Oath, organization and duties.

505. Authority to fix undetermined county line.

506. Report of boundary commission, approval by court and

certification of line.

§ 501. Petition to Commonwealth Court.

(a) Boundary lines.--The boundary line between two or more

adjoining counties may be determined, surveyed, established or

marked as provided under this title.

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(b) Petition.--The process under subsection (a) shall be

instituted on petition of a taxpayer, the county commissioners

or the governing body of a political subdivision of any of the

counties involved.

§ 502. Commonwealth Court designation of neutral court and

appointment of commission.

(a) Designation.--The court, upon the filing of the

petition, shall designate a court of a county not affected by

the question and not adjoining any of the counties involved to

act in the proceeding. The designated court shall sit in the

court's home county.

(b) Appointment.--If the designated court determines that

the county line, or any part of the county line, shall be

surveyed or marked, the court shall appoint a boundary

commission, composed of three surveyors or professional

engineers licensed or registered in accordance with the act of

May 23, 1945 (P.L.913, No.367), known as the Engineer, Land

Surveyor and Geologist Registration Law, to act for the court.

§ 503. Compensation, assistants and expenses.

(a) Compensation.--The surveyors or professional engineers

composing the boundary commission under section 502 (relating to

Commonwealth Court designation of neutral court and appointment

of commission) shall each receive compensation fixed by the

court for the time necessarily spent in the discharge of the

duties and shall be reimbursed the necessary expenses incurred

while engaged with the work of the commission.

(b) Assistants.--The boundary commission may employ

assistants as the court allows, at compensation fixed by the

court. An assistant shall be reimbursed for actual necessary

expenses incurred while employed by the commission.

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of advertising the meeting of the boundary commission under this

chapter, and in procuring and setting the permanent monuments

necessary to mark the county line, the expenses of the boundary

commission and the commission's assistants and each other

expense necessarily incurred shall be paid by the interested

counties jointly, in equal parts, or by each party to the

proceeding as directed by the court, upon presentation of

properly itemized bills, duly verified by affidavit of the

person claiming payment or someone on the person's behalf.

§ 504. Oath, organization and duties.

(a) Oath.--The members of the boundary commission shall take

and subscribe the oath under 53 Pa.C.S. § 1141 (relating to form

of oaths of office) prior to assuming duties with the

commission.

(b) Organization.--The boundary commission shall:

(1) Meet and organize within two weeks of the

appointment.

(2) Select from the commission's membership a

chairperson and a secretary who shall keep a full record of

the proceedings and work of the commission.

(3) Advertise in not more than two newspapers published

in each of the affected counties, a time and place of meeting

and when and where parties shall be heard.

(4) Without unreasonable delay after the hearing,

ascertain the location and survey and mark with permanent

monuments the existing county line between the counties.

§ 505. Authority to fix undetermined county line.

(a) Recommendations.--If the boundary commission cannot

determine, ascertain or locate the existing county line, the

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commission shall report to the court of common pleas, with a

recommendation that a new county line be established in whole or

in part.

(b) Establishing new lines.--If the court deems

establishment of a new line necessary, the court shall direct

the boundary commission to fix and determine a new county line,

to mark the new county line with permanent monuments and to

prepare a report in accordance with section 506 (relating to

report of boundary commission, approval by court and

certification of line).

§ 506. Report of boundary commission, approval by court and

certification of line.

(a) Report.--The boundary commission shall prepare a written

report containing a map or draft showing the courses and

distances of the line ascertained and designated by the

commission as the existing county line, or if the commission has

been directed to fix and determine a new county line, the map or

draft shall instead show the courses and distances of the new

county line. A map or draft under this subsection shall show the

lands through which the line passes and the buildings in close

proximity, together with the roads and streams crossed by or

near to the line.

(b) Filing.--The report and map, signed by a majority of the

members of the boundary commission, shall be filed in the court

of common pleas having been given jurisdiction and, if approved

by the court, shall be recorded in the records of the court of

common pleas having been given jurisdiction.

commission to the affected counties and to the owners of each

land that will be affected by the proposed change of the date

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the report containing the recommendation of the boundary

commission will be considered by the court.

(d) Recording.--A copy of the report and approval shall be

certified by the prothonotary to the prothonotary of each county

affected, where the report and approval shall be recorded in the

records. The line ascertained, surveyed, fixed and marked shall,

as of the date of the certification, be the boundary line

between the counties.

(e) Approval.--The prothonotary, having determined the

matter, shall certify the approval of the court on two copies of

the report and map filed in the prothonotary's office and shall,

within 30 days, transmit a copy by mail to the:

(1) Secretary of Community and Economic Development;

(2) Secretary of Conservation and Natural Resources; and

(3) Secretary of Transportation.

CHAPTER 11

GENERAL PROVISIONS

Subchapter

A. (Reserved)

B. Required Fiscal Security for Officers and Employees

SUBCHAPTER A

(Reserved)

SUBCHAPTER B

REQUIRED FISCAL SECURITY FOR OFFICERS AND EMPLOYEES

Sec.

1121. Short title and scope of subchapter.

1122. Definitions.

1123. Required security.

1124. Official security and officers.

1125. Other county officers and employees.

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1126. County officers and employees acting as agents.

1127. Bonds or blanket bond as security coverage.

1128. Insurance as security coverage.

1129. Form of required security.

1130. Amount of coverage.

1131. Custody and filing of required security documents.

1132. Payment of premiums and commissions on collections.

1133. Other requirements, references and approvals.

§ 1121. Short title and scope of subchapter.

(a) Short title of subchapter.--This subchapter shall be

known and may be cited as the County Officer and Employee Fiscal

Security Act.

(b) Scope of subchapter.--This subchapter applies to

security coverage and additional coverage in the form of bonds,

blanket bond or insurance, protecting against events of loss of

money or property as a result of misconduct by officers and

employees in counties of the second class, second class A, third

class, fourth class, fifth class, sixth class, seventh class or

eighth class, including counties of these classes which have

adopted a home rule charter or an optional plan.

bonds of county treasurers acting as tax collectors as provided

in section 4 of the act of May 25, 1945 (P.L.1050, No.394),

known as the Local Tax Collection Law.

§ 1122. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Additional coverage." Insurance that covers each county at

a minimum for the loss of money or property through robbery,

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burglary and larceny committed by parties other than officers or

employees required to receive or hold money.

"Blanket bond." Security coverage in the form of a bond for

county officers and employees as follows:

(1) for county officers and employees as a comprehensive

group;

(2) for a group of named county officers and employees;

(3) for county officers and employees in scheduled

positions.

"Bond." Security coverage under which a surety guarantees

the performance of a duty by a county officer or employee in

compliance with this subchapter.

"County." A county of the second class, second class A,

third class, fourth class, fifth class, sixth class, seventh

class or eighth class, including counties of these classes which

have adopted or may adopt a home rule charter or an optional

plan.

"County officers and employees." Elected and appointed

county officials, deputies and other appointees of county

elected and appointed officials and county employees, whether

acting on behalf of the county or as agents of a Commonwealth

agency or a governing authority, who are required to receive,

account for or hold any money or property by virtue of their

office or employment.

"Crime-fidelity insurance." Insurance that is endorsed with

faithful performance of duty coverage and which insures, at a

minimum, against events of loss of money or other property

resulting from one or more fraudulent or dishonest acts,

including, but not limited to, embezzlement, theft, forgery,

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similar acts of dishonesty or fraud by a county officer or

employee acting alone or in collusion with others, or from a

breach of fiduciary duty or a failure of a county officer or

employee to perform faithfully the officer's or employee's

duties or to account properly for all money and property

received or held by virtue of the officer's or employee's office

or employment.

"Governing authority." Includes:

(1) The Supreme Court.

(2) Any agency or unit of the unified judicial system

exercising a power or performing a duty under 42 Pa.C.S. §

1721 (relating to delegation of powers).

"Governing body." The county board of commissioners or the

body vested with the legislative authority of the county in

counties which have adopted a home rule charter or an optional

plan.

"Home rule charter." A charter adopted under 53 Pa.C.S. Pt.

III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law, or Article XXXI-C of the act of July 28, 1953

(P.L.723, No.230), known as the Second Class County Code.

"Money." Coin or currency of the United States or of any

other country, travelers checks, personal checks, bank checks

and bank notes in current use and having a face value, money

orders and securities.

"Official security." Security on behalf of a county officer

to provide protection from events of loss or misconduct when the

officer fails to faithfully perform the duties of the office.

"Optional plan." An optional plan adopted under 53 Pa.C.S.

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Pt. III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law.

"Required security." Security coverage and additional

coverage provided in compliance with this subchapter.

"Securities." All negotiable and nonnegotiable instruments

or contracts representing either money or other property,

including revenue and other stamps in current use, tokens and

tickets and evidences of debt issued in connection with credit

or charge cards, which cards are not issued by the county.

"Security coverage." A bond, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, provided in compliance with this

subchapter for the purpose of protecting against the loss of

money and other property sustained as a result of one or more

fraudulent or dishonest acts, including, but not limited to,

embezzlement, theft, forgery, similar acts of dishonesty or

fraud by a county officer or employee acting alone or in

collusion with others, or from a breach of fiduciary duty or a

failure of a county officer or employee to perform faithfully

the officer's or employee's duties or to account properly for

all money and property received by virtue of the officer's or

employee's position or employment.

§ 1123. Required security.

(a) In general.--A county shall obtain security coverage and

additional coverage for county officers and employees in

accordance with this subchapter.

(b) Security coverage.--Security coverage shall be provided

in accordance with the following:

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(1) Section 1124 (relating to official security and

officers).

(2) Section 1125 (relating to other county officers and

employees).

(3) Section 1126 (relating to county officers and

employees acting as agents).

security coverage to be provided in accordance with this

subchapter, the county shall obtain additional coverage in the

form of adequate insurance indemnifying it against the loss of

money and property through robbery, burglary and larceny by

parties other than those required to obtain security in

accordance with this chapter.

(d) Primary liability.--

(1) Except as provided in paragraph (2), the county

shall be primarily liable for a claim for the loss of money

and property which a county officer or employee is required

to receive, account for or hold by virtue of the officer's or

employee's office or employment, to the extent that the loss

is or could have been the subject of required security under

this subchapter.

(2) The county shall not be primarily liable for a claim

for the loss of money and property under paragraph (1) to the

extent that recovery of the loss can be obtained from other

insurance or bond protection provided by the Commonwealth

agency or any other person or entity asserting a claim.

(3) With regard to the loss of money or property,

nothing in this subchapter shall be deemed to restrict or

diminish a county's right to reimbursement or subrogation or

to limit any right the county may have to be indemnified or

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receive restitution for the loss.

§ 1124. Official security and officers.

(a) Official security.--Each county shall obtain official

security in the form of bonds, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, that protects the county from

losses caused by acts of the officers set forth in subsection

(b) or the equivalent officers in home rule or optional plan

counties, whether elected, appointed or appointed to fill a

vacancy, before those officers begin their official duties.

(b) Officers.--The following are the officers or equivalent

officers in home rule or optional plan counties upon whose

behalf official security shall be obtained in accordance with

subsection (a):

(1) Each county commissioner.

(2) The chief clerk of the county commissioners.

(3) The controller.

(4) The county treasurer.

(5) The prothonotary of the court of common pleas.

(6) The sheriff.

(7) The coroner.

(8) The clerk of the courts of the court of common

pleas.

(9) The clerk of the orphans' court division of the

court of common pleas.

(10) The recorder of deeds.

(11) The register of wills.

(12) Probation and parole officers, if required by order

of court to obtain official security.

(13) The fire marshal and deputy fire marshals, if

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required by law to obtain official security.

(14) The secretary of the board of health and the health

officer in a county in which the secretary is required by law

to obtain official security.

§ 1125. Other county officers and employees.

A county shall obtain security coverage with faithful

performance of duty coverage for all county officers and

employees who are not subject to section 1124 (relating to

official security and officers), including deputies and other

appointees in each county office, who are required to receive,

account for or hold any money and other property by virtue of

their office or employment.

§ 1126. County officers and employees acting as agents.

Each county shall obtain security coverage for county

officers and employees acting as agents of a Commonwealth agency

or governing authority in accordance with this subchapter or any

other law, regulation or rule requiring the posting of security

in the form of a bond or otherwise.

§ 1127. Bonds or blanket bond as security coverage.

(a) In general.--A county may comply with section 1123(b)

(relating to required security) by providing bonds or a blanket

bond in accordance with the following:

(1) The bond or blanket bond shall be joint and several,

with one or more surety companies authorized to do business

in this Commonwealth and licensed by the Insurance

Commissioner.

(2) The bond or blanket bond shall be conditioned upon

each of the following:

(i) The faithful performance of all duties required

of the person holding the office or position.

20230SB0945PN1111 - 22 -

(ii) The just and faithful use, accounting or

payment over, according to law, of all moneys and

balances and other property, which are received or held

by the officer or employee by virtue of the officer's or

employee's office or employment whether on behalf of the

county, the Commonwealth, a political subdivision or any

other person.

(iii) The delivery to the successor in office of all

books, papers, documents or other official things, whole,

safe and undefaced, held in right of the office.

(3) A bond or blanket bond shall be taken in the name of

the county and, in case of a breach of any of the conditions

thereof by the acts or neglect of a principal on the bond,

shall be for the use of the county, the Commonwealth, a

political subdivision or any other person as that person's

interest shall otherwise appear.

(4) The county, the Commonwealth, a political

subdivision or other listed obligees or insureds, as the case

may be, may sue upon the bond in its name or for its own use.

Acts of the General Assembly pertaining to actions and

limitations of actions upon official bonds given to the

Commonwealth shall apply to the bonds provided for in this

subchapter just as if they were given to the Commonwealth,

except as otherwise specifically provided in this subchapter.

(b) Combined offices.--In counties in which one or more of

the county offices set forth in section 1124(b) (relating to

official security and officers) are combined, if officers are

covered by individual bonds, a single bond covering the combined

offices shall suffice for the officer holding the combined

offices.

20230SB0945PN1111 - 23 -

§ 1128. Insurance as security coverage.

A county may comply with section 1123(b) (relating to

required security) by providing crime-fidelity insurance for

county officers or employees in accordance with this subchapter.

§ 1129. Form of required security.

The form and contents of a bond, a blanket bond or insurance

obtained in compliance with this subchapter shall be approved by

the governing body of the county, after review by the county

solicitor and consultation with the county risk manager, if any.

In cases in which required security is being provided for a

county officer or employee who is acting as an agent for a

Commonwealth agency or the governing authority, the Commonwealth

agency or the governing authority may review and comment on the

form of the required security. The governing body may refer to

sample forms that may be made available by the Department of

State in the approval process.

§ 1130. Amount of coverage.

(a) Governing body.--The governing body shall establish a

procedure pursuant to which the governing body shall annually

determine the form and amount of required security that will be

reasonably sufficient to protect against the risks of loss in

compliance with this subchapter.

(b) Risk manager.--The governing body may appoint a risk

manager who, at the request of the governing body, shall compile

and submit information relevant to the determination of an

amount of required security under subsection (a).

county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, the governing body

may, or the risk manager shall, if directed by the governing

20230SB0945PN1111 - 24 -

body, provide written notice to the secretary or head of the

Commonwealth agency or the governing authority. The Commonwealth

agency or governing authority may provide input concerning the

amount of security it believes is reasonably sufficient to

protect against the risks of loss required to comply with this

subchapter. Nothing in this subchapter shall impair the right of

a Commonwealth agency or governing authority from approving the

amount of required security, if it is explicitly authorized by

law to approve the amount of a bond or other security of a

county officer or employee acting as its agent.

§ 1131. Custody and filing of required security documents.

(a) Custody.--The governing body shall direct the chief

clerk or equivalent officer in a home rule or optional plan

county to present the documents evidencing required security

obtained in accordance with this subchapter to the recorder of

deeds or equivalent officer in a home rule or optional plan

county for recording. No tax, fee or other charge shall be

imposed for the recording of documents in compliance with this

section. Following the recording, the documents shall be

returned to the chief clerk or equivalent officer in a home rule

or optional plan county, who shall maintain the custody of these

documents on behalf of the governing body.

(b) Department of State filing.--

(1) In compliance with section 809 of the act of April

9, 1929 (P.L.177, No.175), known as The Administrative Code

of 1929, it shall be sufficient for a copy of the recorded

documents evidencing the required security for county

officers to be filed with the Department of State in

accordance with deadlines established by the department.

(2) No other filing or approvals, except as provided in

20230SB0945PN1111 - 25 -

section 1133(c)(2) (relating to other requirements,

references and approvals) of documents evidencing the

required security for county officers, except that required

in accordance with paragraph (1), shall be required as a

condition for the issuance of commissions to elected county

officials by the Department of State.

(3) Notwithstanding the provision of any other law, no

tax, fee or other charge shall be imposed as a result of the

issuance of commissions to elected county officials, and no

fee may be imposed for the recording of required security

documents or commissions.

governing authority on whose behalf a county officer or employee

is acting as an agent, a copy of recorded documents evidencing

the required security shall be provided by the chief clerk or

the equivalent officer in a home rule or optional plan county to

the Commonwealth agency or governing authority. No charge or fee

shall be imposed for any copy provided in accordance with this

subsection.

(d) Filing by governing body.--The governing body shall have

the duty to file documents as required by this section.

(e) Retention of documents.--Documents evidencing required

security shall be held by the custodian thereof for the longer

of the following periods:

(1) For at least one year after the officer's term of

office or employee's period of employment and, in the case of

a county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, for at least one

year after the settlement of accounts with the Commonwealth

agency or the governing authority.

20230SB0945PN1111 - 26 -

(2) For the period of time required by the act of August

14, 1963 (P.L.839, No.407), entitled "An act creating a

county records committee; imposing powers and duties upon it;

authorizing the Pennsylvania Historical and Museum Commission

to assist and cooperate with it; defining county records; and

authorizing the disposition of certain county records by

county officers in counties of the second to eighth class,"

or the rules and regulations adopted pursuant thereto.

(f) Evidence.--A copy of original documents evidencing

required security, certified as true and correct by the

custodian thereof, or a copy of the recorded documents

evidencing required security, certified as true and correct by

the recorder of deeds, shall be competent evidence thereof in

any judicial proceeding, in the same manner as the original

would be if produced and offered in evidence.

(g) Sufficiency of filing and recording.--Notwithstanding

any other provision of law, it shall be sufficient to file and

record documents evidencing required security in accordance with

this subchapter without further acknowledgment, filing or

recording of these documents with any other county officer or

with any other Commonwealth agency, except as required by this

subchapter.

§ 1132. Payment of premiums and commissions on collections.

(a) Premiums and costs.--The premiums and costs for all

forms of required security for county officials and employees

shall be paid by the county. The requirement of this subchapter

that a county acquire and pay the premiums and costs for

required security shall not relieve a Commonwealth agency on

whose behalf a county officer or employee is acting as an agent

from an obligation, imposed by law, to procure insurance or

20230SB0945PN1111 - 27 -

bonding protection.

(b) Commissions on collections.--Nothing in this subchapter

shall affect the right, provided for in any other law, of a

county officer or employee to retain a commission, for use of

the county, on amounts collected or transmitted as agent for a

Commonwealth agency. Notwithstanding the right to retain

commissions in accordance with this paragraph, no county officer

or employee shall be entitled to retain any additional sums from

amounts collected for or to be transmitted to the Commonwealth

agency for the purpose of paying premiums or costs related to

the acquisition of required security.

§ 1133. Other requirements, references and approvals.

(a) Compliance.--A requirement in another law, regulation or

rule that a bond be provided by a county officer or employee to

secure the faithful performance of duty or to act as the agent

of a Commonwealth agency or governing authority may be satisfied

by including this obligation within the coverage of required

security supplied in accordance with this subchapter.

(b) Reference to bonds.--Reference to bonds of county

officers and employees in any other law shall be construed and

read together with this subchapter, and if a conflict exists

between this subchapter and the reference to bonds of county

officers and employees in any other law, the provisions of this

subchapter shall prevail.

law, the following shall apply to required security in the form

of a bond, a blanket bond or insurance:

(1) Except as provided in paragraph (2), when required

security is obtained in compliance with this subchapter, it

shall not require the approval of any Commonwealth agency or

20230SB0945PN1111 - 28 -

the Governor as to form, content or amount.

(2) If any other law explicitly authorizes a

Commonwealth agency or the Governor to approve the amount of

a bond or other security of a county officer or employee, the

amount of required security under this subchapter shall be

subject to approval by the Commonwealth agency or the

Governor, which approval shall not be unreasonably withheld.

Section 3. Parts II and III of Title 16 are repealed:

[PART II

CREATION, ALTERATION AND FUNCTIONS

(Reserved)

PART III

GOVERNMENT AND ADMINISTRATION

Subpart

A. General Provisions

SUBPART A

GENERAL PROVISIONS

Chapter

11. General Provisions

CHAPTER 11

GENERAL PROVISIONS

Subchapter

A. (Reserved)

B. Required Fiscal Security for Officers and Employees

SUBCHAPTER A

(Reserved)

SUBCHAPTER B

REQUIRED FISCAL SECURITY FOR OFFICERS AND EMPLOYEES

Sec.

1121. Short title and scope of subchapter.

20230SB0945PN1111 - 29 -

1122. Definitions.

1123. Required security.

1124. Official security and officers.

1125. Other county officers and employees.

1126. County officers and employees acting as agents.

1127. Bonds or blanket bond as security coverage.

1128. Insurance as security coverage.

1129. Form of required security.

1130. Amount of coverage.

1131. Custody and filing of required security documents.

1132. Payment of premiums and commissions on collections.

1133. Other requirements, references and approvals.

§ 1121. Short title and scope of subchapter.

(a) Short title of subchapter.--This subchapter shall be

known and may be cited as the County Officer and Employee Fiscal

Security Act.

(b) Scope of subchapter.--This subchapter applies to

security coverage and additional coverage in the form of bonds,

blanket bond or insurance, protecting against events of loss of

money or property as a result of misconduct by officers and

employees in counties of the second class, second class A, third

class, fourth class, fifth class, sixth class, seventh class or

eighth class, including counties of these classes which have

adopted a home rule charter or an optional plan.

bonds of county treasurers acting as tax collectors as provided

in section 4 of the act of May 25, 1945 (P.L.1050, No.394),

known as the Local Tax Collection Law.

§ 1122. Definitions.

The following words and phrases when used in this subchapter

20230SB0945PN1111 - 30 -

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Additional coverage." Insurance that covers each county at

a minimum for the loss of money or property through robbery,

burglary and larceny committed by parties other than officers or

employees required to receive or hold money.

"Blanket bond." Security coverage in the form of a bond for

county officers and employees as follows:

(1) for county officers and employees as a comprehensive

group;

(2) for a group of named county officers and employees;

(3) for county officers and employees in scheduled

positions.

"Bond." Security coverage under which a surety guarantees

the performance of a duty by a county officer or employee in

compliance with this subchapter.

"County." A county of the second class, second class A,

third class, fourth class, fifth class, sixth class, seventh

class or eighth class, including counties of these classes which

have adopted or may adopt a home rule charter or an optional

plan.

"County officers and employees." Elected and appointed

county officials, deputies and other appointees of county

elected and appointed officials and county employees, whether

acting on behalf of the county or as agents of a Commonwealth

agency or a governing authority, who are required to receive,

account for or hold any money or property by virtue of their

office or employment.

"Crime-fidelity insurance." Insurance that is endorsed with

20230SB0945PN1111 - 31 -

faithful performance of duty coverage and which insures, at a

minimum, against events of loss of money or other property

resulting from one or more fraudulent or dishonest acts,

including, but not limited to, embezzlement, theft, forgery,

similar acts of dishonesty or fraud by a county officer or

employee acting alone or in collusion with others, or from a

breach of fiduciary duty or a failure of a county officer or

employee to perform faithfully the officer's or employee's

duties or to account properly for all money and property

received or held by virtue of the officer's or employee's office

or employment.

"Governing authority." Includes:

(1) The Supreme Court.

(2) Any agency or unit of the unified judicial system

exercising a power or performing a duty under 42 Pa.C.S. §

1721 (relating to delegation of powers).

"Governing body." The county board of commissioners or the

body vested with the legislative authority of the county in

counties which have adopted a home rule charter or an optional

plan.

"Home rule charter." A charter adopted under 53 Pa.C.S. Pt.

III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law, or Article XXXI-C of the act of July 28, 1953

(P.L.723, No.230), known as the Second Class County Code.

"Money." Coin or currency of the United States or of any

other country, travelers checks, personal checks, bank checks

and bank notes in current use and having a face value, money

orders and securities.

20230SB0945PN1111 - 32 -

"Official security." Security on behalf of a county officer

to provide protection from events of loss or misconduct when the

officer fails to faithfully perform the duties of the office.

"Optional plan." An optional plan adopted under 53 Pa.C.S.

Pt. III Subpt. E (relating to home rule and optional plan

government) or its predecessor, the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law.

"Required security." Security coverage and additional

coverage provided in compliance with this subchapter.

"Securities." All negotiable and nonnegotiable instruments

or contracts representing either money or other property,

including revenue and other stamps in current use, tokens and

tickets and evidences of debt issued in connection with credit

or charge cards, which cards are not issued by the county.

"Security coverage." A bond, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, provided in compliance with this

subchapter for the purpose of protecting against the loss of

money and other property sustained as a result of one or more

fraudulent or dishonest acts, including, but not limited to,

embezzlement, theft, forgery, similar acts of dishonesty or

fraud by a county officer or employee acting alone or in

collusion with others, or from a breach of fiduciary duty or a

failure of a county officer or employee to perform faithfully

the officer's or employee's duties or to account properly for

all money and property received by virtue of the officer's or

employee's position or employment.

§ 1123. Required security.

(a) In general.--A county shall obtain security coverage and

20230SB0945PN1111 - 33 -

additional coverage for county officers and employees in

accordance with this subchapter.

(b) Security coverage.--Security coverage shall be provided

in accordance with the following:

(1) Section 1124 (relating to official security and

officers).

(2) Section 1125 (relating to other county officers and

employees).

(3) Section 1126 (relating to county officers and

employees acting as agents).

security coverage to be provided in accordance with this

subchapter, the county shall obtain additional coverage in the

form of adequate insurance indemnifying it against the loss of

money and property through robbery, burglary and larceny by

parties other than those required to obtain security in

accordance with this chapter.

(d) Primary liability.--

(1) Except as provided in paragraph (2), the county

shall be primarily liable for a claim for the loss of money

and property which a county officer or employee is required

to receive, account for or hold by virtue of the officer's or

employee's office or employment, to the extent that the loss

is or could have been the subject of required security under

this subchapter.

(2) The county shall not be primarily liable for a claim

for the loss of money and property under paragraph (1) to the

extent that recovery of the loss can be obtained from other

insurance or bond protection provided by the Commonwealth

agency or any other person or entity asserting a claim.

20230SB0945PN1111 - 34 -

(3) With regard to the loss of money or property,

nothing in this subchapter shall be deemed to restrict or

diminish a county's right to reimbursement or subrogation or

to limit any right the county may have to be indemnified or

receive restitution for the loss.

§ 1124. Official security and officers.

(a) Official security.--Each county shall obtain official

security in the form of bonds, a blanket bond or a crime-

fidelity insurance policy, which is endorsed with faithful

performance of duty coverage, that protects the county from

losses caused by acts of the officers set forth in subsection

(b) or the equivalent officers in home rule or optional plan

counties, whether elected, appointed or appointed to fill a

vacancy, before those officers begin their official duties.

(b) Officers.--The following are the officers or equivalent

officers in home rule or optional plan counties upon whose

behalf official security shall be obtained in accordance with

subsection (a):

(1) Each county commissioner.

(2) The chief clerk of the county commissioners.

(3) The controller.

(4) The county treasurer.

(5) The prothonotary of the court of common pleas.

(6) The sheriff.

(7) The coroner.

(8) The clerk of the courts of the court of common

pleas.

(9) The clerk of the orphans' court division of the

court of common pleas.

(10) The recorder of deeds.

20230SB0945PN1111 - 35 -

(11) The register of wills.

(12) Probation and parole officers, if required by order

of court to obtain official security.

(13) The fire marshal and deputy fire marshals, if

required by law to obtain official security.

(14) The secretary of the board of health and the health

officer in a county in which the secretary is required by law

to obtain official security.

§ 1125. Other county officers and employees.

A county shall obtain security coverage with faithful

performance of duty coverage for all county officers and

employees who are not subject to section 1124 (relating to

official security and officers), including deputies and other

appointees in each county office, who are required to receive,

account for or hold any money and other property by virtue of

their office or employment.

§ 1126. County officers and employees acting as agents.

Each county shall obtain security coverage for county

officers and employees acting as agents of a Commonwealth agency

or governing authority in accordance with this subchapter or any

other law, regulation or rule requiring the posting of security

in the form of a bond or otherwise.

§ 1127. Bonds or blanket bond as security coverage.

(a) In general.--A county may comply with section 1123(b)

(relating to required security) by providing bonds or a blanket

bond in accordance with the following:

(1) The bond or blanket bond shall be joint and several,

with one or more surety companies authorized to do business

in this Commonwealth and licensed by the Insurance

Commissioner.

20230SB0945PN1111 - 36 -

(2) The bond or blanket bond shall be conditioned upon

each of the following:

(i) The faithful performance of all duties required

of the person holding the office or position.

(ii) The just and faithful use, accounting or

payment over, according to law, of all moneys and

balances and other property, which are received or held

by the officer or employee by virtue of the officer's or

employee's office or employment whether on behalf of the

county, the Commonwealth, a political subdivision or any

other person.

(iii) The delivery to the successor in office of all

books, papers, documents or other official things, whole,

safe and undefaced, held in right of the office.

(3) A bond or blanket bond shall be taken in the name of

the county and, in case of a breach of any of the conditions

thereof by the acts or neglect of a principal on the bond,

shall be for the use of the county, the Commonwealth, a

political subdivision or any other person as that person's

interest shall otherwise appear.

(4) The county, the Commonwealth, a political

subdivision or other listed obligees or insureds, as the case

may be, may sue upon the bond in its name or for its own use.

Acts of the General Assembly pertaining to actions and

limitations of actions upon official bonds given to the

Commonwealth shall apply to the bonds provided for in this

subchapter just as if they were given to the Commonwealth,

except as otherwise specifically provided in this subchapter.

(b) Combined offices.--In counties in which one or more of

the county offices set forth in section 1124(b) (relating to

20230SB0945PN1111 - 37 -

official security and officers) are combined, if officers are

covered by individual bonds, a single bond covering the combined

offices shall suffice for the officer holding the combined

offices.

§ 1128. Insurance as security coverage.

A county may comply with section 1123(b) (relating to

required security) by providing crime-fidelity insurance for

county officers or employees in accordance with this subchapter.

§ 1129. Form of required security.

The form and contents of a bond, a blanket bond or insurance

obtained in compliance with this subchapter shall be approved by

the governing body of the county, after review by the county

solicitor and consultation with the county risk manager, if any.

In cases in which required security is being provided for a

county officer or employee who is acting as an agent for a

Commonwealth agency or the governing authority, the Commonwealth

agency or the governing authority may review and comment on the

form of the required security. The governing body may refer to

sample forms that may be made available by the Department of

State in the approval process.

§ 1130. Amount of coverage.

(a) Governing body.--The governing body shall establish a

procedure pursuant to which the governing body shall annually

determine the form and amount of required security that will be

reasonably sufficient to protect against the risks of loss in

compliance with this subchapter.

(b) Risk manager.--The governing body may appoint a risk

manager who, at the request of the governing body, shall compile

and submit information relevant to the determination of an

amount of required security under subsection (a).

20230SB0945PN1111 - 38 -

county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, the governing body

may, or the risk manager shall, if directed by the governing

body, provide written notice to the secretary or head of the

Commonwealth agency or the governing authority. The Commonwealth

agency or governing authority may provide input concerning the

amount of security it believes is reasonably sufficient to

protect against the risks of loss required to comply with this

subchapter. Nothing in this subchapter shall impair the right of

a Commonwealth agency or governing authority from approving the

amount of required security, if it is explicitly authorized by

law to approve the amount of a bond or other security of a

county officer or employee acting as its agent.

§ 1131. Custody and filing of required security documents.

(a) Custody.--The governing body shall direct the chief

clerk or equivalent officer in a home rule or optional plan

county to present the documents evidencing required security

obtained in accordance with this subchapter to the recorder of

deeds or equivalent officer in a home rule or optional plan

county for recording. No tax, fee or other charge shall be

imposed for the recording of documents in compliance with this

section. Following the recording, the documents shall be

returned to the chief clerk or equivalent officer in a home rule

or optional plan county, who shall maintain the custody of these

documents on behalf of the governing body.

(b) Department of State filing.--

(1) In compliance with section 809 of the act of April

9, 1929 (P.L.177, No.175), known as The Administrative Code

of 1929, it shall be sufficient for a copy of the recorded

20230SB0945PN1111 - 39 -

documents evidencing the required security for county

officers to be filed with the Department of State in

accordance with deadlines established by the department.

(2) No other filing or approvals, except as provided in

section 1133(c)(2) (relating to other requirements,

references and approvals) of documents evidencing the

required security for county officers, except that required

in accordance with paragraph (1), shall be required as a

condition for the issuance of commissions to elected county

officials by the Department of State.

(3) Notwithstanding the provision of any other law, no

tax, fee or other charge shall be imposed as a result of the

issuance of commissions to elected county officials, and no

fee may be imposed for the recording of required security

documents or commissions.

governing authority on whose behalf a county officer or employee

is acting as an agent, a copy of recorded documents evidencing

the required security shall be provided by the chief clerk or

the equivalent officer in a home rule or optional plan county to

the Commonwealth agency or governing authority. No charge or fee

shall be imposed for any copy provided in accordance with this

subsection.

(d) Filing by governing body.--The governing body shall have

the duty to file documents as required by this section.

(e) Retention of documents.--Documents evidencing required

security shall be held by the custodian thereof for the longer

of the following periods:

(1) For at least one year after the officer's term of

office or employee's period of employment and, in the case of

20230SB0945PN1111 - 40 -

a county officer or employee who is acting as an agent for a

Commonwealth agency or governing authority, for at least one

year after the settlement of accounts with the Commonwealth

agency or the governing authority.

(2) For the period of time required by the act of August

14, 1963 (P.L.839, No.407), entitled "An act creating a

county records committee; imposing powers and duties upon it;

authorizing the Pennsylvania Historical and Museum Commission

to assist and cooperate with it; defining county records; and

authorizing the disposition of certain county records by

county officers in counties of the second to eighth class,"

or the rules and regulations adopted pursuant thereto.

(f) Evidence.--A copy of original documents evidencing

required security, certified as true and correct by the

custodian thereof, or a copy of the recorded documents

evidencing required security, certified as true and correct by

the recorder of deeds, shall be competent evidence thereof in

any judicial proceeding, in the same manner as the original

would be if produced and offered in evidence.

(g) Sufficiency of filing and recording.--Notwithstanding

any other provision of law, it shall be sufficient to file and

record documents evidencing required security in accordance with

this subchapter without further acknowledgment, filing or

recording of these documents with any other county officer or

with any other Commonwealth agency, except as required by this

subchapter.

§ 1132. Payment of premiums and commissions on collections.

(a) Premiums and costs.--The premiums and costs for all

forms of required security for county officials and employees

shall be paid by the county. The requirement of this subchapter

20230SB0945PN1111 - 41 -

that a county acquire and pay the premiums and costs for

required security shall not relieve a Commonwealth agency on

whose behalf a county officer or employee is acting as an agent

from an obligation, imposed by law, to procure insurance or

bonding protection.

(b) Commissions on collections.--Nothing in this subchapter

shall affect the right, provided for in any other law, of a

county officer or employee to retain a commission, for use of

the county, on amounts collected or transmitted as agent for a

Commonwealth agency. Notwithstanding the right to retain

commissions in accordance with this paragraph, no county officer

or employee shall be entitled to retain any additional sums from

amounts collected for or to be transmitted to the Commonwealth

agency for the purpose of paying premiums or costs related to

the acquisition of required security.

§ 1133. Other requirements, references and approvals.

(a) Compliance.--A requirement in another law, regulation or

rule that a bond be provided by a county officer or employee to

secure the faithful performance of duty or to act as the agent

of a Commonwealth agency or governing authority may be satisfied

by including this obligation within the coverage of required

security supplied in accordance with this subchapter.

(b) Reference to bonds.--Reference to bonds of county

officers and employees in any other law shall be construed and

read together with this subchapter, and if a conflict exists

between this subchapter and the reference to bonds of county

officers and employees in any other law, the provisions of this

subchapter shall prevail.

law, the following shall apply to required security in the form

20230SB0945PN1111 - 42 -

of a bond, a blanket bond or insurance:

(1) Except as provided in paragraph (2), when required

security is obtained in compliance with this subchapter, it

shall not require the approval of any Commonwealth agency or

the Governor as to form, content or amount.

(2) If any other law explicitly authorizes a

Commonwealth agency or the Governor to approve the amount of

a bond or other security of a county officer or employee, the

amount of required security under this subchapter shall be

subject to approval by the Commonwealth agency or the

Governor, which approval shall not be unreasonably withheld.]

Section 4. Title 16 is amended by adding parts to read:

PART II

COUNTIES OF THE FIRST CLASS

Chapter

21. (Reserved)

23. Vehicle Rental Tax

CHAPTER 21

(Reserved)

CHAPTER 23

VEHICLE RENTAL TAX

Sec.

2301. Authorization of vehicle rental tax by counties of the

first class.

§ 2301. Authorization of vehicle rental tax by counties of the

first class.

(a) Authorization.--Notwithstanding any provision of this

title or any other law, each county of the first class may

impose an excise tax on the rental of a rental vehicle in that

county. If the county is coterminous with a city of the first

20230SB0945PN1111 - 43 -

class, imposition of the tax in the county, if any, shall be by

the city. The tax may be imposed on a person renting a rental

vehicle at a rate of up to 2% of the purchase price of the

rental.

(b) Proceeds.--

(1) The proceeds of the vehicle rental tax shall be

dedicated solely to the payment of the costs of capital

projects, including lease payments or service agreements with

authorities for capital projects and debt service on bonds

issued for capital projects.

(2) The Commonwealth pledges to and agrees with any

person, firm or corporation subscribing to or acquiring bonds

issued by the county, city or an authority to finance a

capital project for which the tax was dedicated that the

Commonwealth will not repeal this authorization or reduce the

rate of tax authorized under this section until each of the

bonds and the interest on the bonds have been paid or

provision for the payment has been made.

(3) A county or city of the first class imposing the tax

and dedicating the tax under this section may not repeal the

tax, reduce the rate of the tax or revoke the dedication

until each of the bonds and the interest on the bonds have

been paid or provision for the payment has been made.

(4) Payments by a county or a city of the first class

under a lease or service agreement may not constitute debt of

the Commonwealth or of a county or city of the first class.

by each vehicle rental company in the county or city of the

first class imposing the tax. The tax shall be collected at the

time the rental vehicle is rented by the vehicle rental company

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and shall be remitted by the vehicle rental company to the

county or city of the first class that imposed the tax in

accordance with rules and regulations established by the county

or city or the tax collection agencies of the county or city for

collection and remittance of the tax. A person required to

collect or pay over the tax authorized under this section and

who fails to collect or pay over the tax shall be liable for the

full amount of the tax, including interest or penalties which

may be imposed by a county or city of the first class.

(d) Regulations.--The county or city of the first class and

the county's or city's tax collection agencies may promulgate

and enforce rules and regulations not inconsistent with this

section relating to the collection, administration and

enforcement of this section.

(e) Location.--For purposes of this section, the location of

the rental of the vehicle is the place where the renter takes

possession of the rental vehicle.

(f) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Rental vehicle." Any of the following:

(1) A private passenger motor vehicle designed to

transport no more than 15 passengers.

(2) A truck, trailer or semitrailer used in the

transportation of property other than commercial freight,

that is:

(i) rented without a driver;

(ii) part of a fleet of at least five rental

vehicles that are used for that purpose and owned or

leased by the same person or entity; and

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(iii) rented for a period of not more than 29

consecutive days.

"Vehicle rental company." An entity engaged in the business

of renting motor vehicles in this Commonwealth.

PART III

COUNTIES OF THE SECOND CLASS

Chapter

71. (Reserved)

73. Salaries

CHAPTER 71

(Reserved)

CHAPTER 73

SALARIES

Sec.

7301. Salary of solicitor and costs.

§ 7301. Salary of solicitor and costs.

In counties of the second class, the following shall apply:

(1) The salary of the solicitor to the medical examiner

shall be determined by the salary board. The salary shall be

paid from the fees received and paid into the office of the

coroner.

(2) Costs and expenses incurred by the coroner in a

manner connected with litigation or claims arising out of or

relating to the coroner's office shall be paid by the county

from fees received by the coroner's office.

PART IV

COUNTIES OF THE SECOND CLASS A THROUGH EIGHTH CLASS

Chapter

121. General Provisions

123. County Officers

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125. County Commissioners and Chief Clerks

127. Controller

129. Auditors

131. Treasurer

133. County Solicitor

135. Engineer

137. Sheriff

139. Coroner

141. Prothonotary, Clerk of Courts, Clerk of Orphans' Court,

143. District Attorney, Assistants and Detectives

145. Salaries of County Officers

147. Fees of Salaried County Officers and Salary Boards

149. Fiscal Affairs

151. Contracts

153. Special Powers and Duties of Counties

155. Military and Veterans Affairs

157. Public Health

159. Aeronautics and Transportation

161. Grounds and Buildings

163. Eminent Domain and Injury to Property

165. Recreation Places

167. Bridges, Viaducts and Culverts

169. Roads

171. Southwestern Pennsylvania Regional Renaissance

Initiative

173. Third Class County Convention Center Authorities

175. Hotel Tax

CHAPTER 121

GENERAL PROVISIONS

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Sec.

12101. Scope of part.

12102. (Reserved).

12103. Proceedings for recovery of penalties.

12104. Collection of tax and municipal claims by suit and

limitations.

12105. Publication of legal notices.

12106. General powers.

12107. Vesting of corporate power.

§ 12101. Scope of part.

Except where otherwise specifically provided, this part

applies to each county of the second class A and third, fourth,

fifth, sixth, seventh and eighth class.

§ 12102. (Reserved).

§ 12103. Proceedings for recovery of penalties.

Unless otherwise specifically provided in this part, if a

pecuniary penalty or forfeiture is imposed by this part, the

proceeding for the recovery of the pecuniary penalty or

forfeiture shall be by indictment in the court of common pleas

or by civil action as debts of equivalent amount are by law

recoverable. Magisterial district judges may not have

jurisdiction of a suit or action for the recovery of a penalty

imposed by this part for official misconduct. The suit or

action, if brought in the court of common pleas, shall have

preference for trial over all other actions.

§ 12104. Collection of tax and municipal claims by suit and

limitations.

(a) Proceedings.--In addition to the remedies provided by

law for the collection of tax and municipal claims, a county may

proceed for the recovery and collection of a tax or municipal

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claim owed to the county against each owner of the property

owing the tax or municipal claim to the county by a civil action

or other appropriate remedy. A penalty of 10% and interest at

the prevailing legal rate and costs of suit shall be added to

each judgment obtained for the taxes or municipal claim. Upon

judgment, execution may be issued without a stay or benefit of

an exemption law.

(b) Right to collect.--The right of a county to collect

unpaid taxes or municipal claims owed to the county under this

section may not be affected by the fact that the tax or

municipal claims have or have not been entered as liens in the

office of the prothonotary.

taxes or municipal claims owed to the county shall be commenced

within 20 years of the following:

(1) The date a tax is due.

(2) The date of completion of an improvement from which

the claim arises.

(3) The date that the property owner first became liable

for payment of a claim other than that for taxes or

improvements.

(d) Retroactivity.--The remedy granted under this section

shall be applied retroactively.

§ 12105. Publication of legal notices.

(a) Publication.--

(1) Except as provided under paragraph (2), if

advertisement, notice or publication is required to be

published in one newspaper, the publication shall be made in

a newspaper of general circulation as defined in 45 Pa.C.S. §

101 (relating to definitions) printed in the county.

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(2) If the matter in connection with which the

advertising under paragraph (1) is being done affects only a

political subdivision, the advertisement shall be published

in a newspaper printed in the political subdivision, if there

is a newspaper and, if not, in a newspaper circulating

generally in the political subdivision.

(3) If notice is required to be published in more than

one newspaper, notice shall be published in at least one

newspaper of general circulation printed, if there is a

newspaper, or circulating generally in the county, as

provided under this subsection.

(b) Legal newspaper.--If a notice under subsection (a)

relates to a proceeding or matter in a court, the holding of an

election for the increase of indebtedness or the issue and sale

of bonds to be paid by taxation, the notice shall also be

published in the legal newspaper, if any, designated by the

rules of court of the proper county for the publication of legal

notices and advertisement, unless the publication is dispensed

with by special order of court. Each ordinance, auditor report,

controller report or advertisement, inviting proposal for public

contract and bid for materials and supplies, shall be published

only in newspapers of general circulation.

§ 12106. General powers.

Each county shall have capacity as a body corporate to:

(1) Have succession perpetually by the county's

corporate name.

(2) Sue and be sued and complain and defend in all

proper courts by the name of the county of . . . . . . . .

(3) Purchase, acquire by gift or otherwise, hold, lease,

let and convey real and personal property as is deemed to be

20230SB0945PN1111 - 50 -

for the best interests of the county.

(4) Make contracts for carrying into execution the laws

relating to counties and for lawful purposes.

(5) Have and use a seal which shall be in the custody of

the county commissioners. The official acts of the county

commissioners shall be authenticated with the seal. The

county commissioners may prescribe the form of the seal.

(6) To make appropriations for any purpose authorized by

this part or any other act of the General Assembly.

§ 12107. Vesting of corporate power.

The corporate power of each county shall be vested in the

county commissioners.

CHAPTER 123

COUNTY OFFICERS

Subchapter

A. General Provisions

B. (Reserved)

C. State Associations

D. Removal of County Officers

E. Conduct of Official Business

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

12301. Elected officers.

12302. Incompatible offices.

12303. Oath of office.

12303.1. (Reserved).

12304. Recorded commissions.

12305. Location of offices, records and papers.

12306. Open records.

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12307. Securing from predecessors.

12308. Action by deputies.

12309. Vacancies.

12310. Information to heads of governmental departments.

12311. Penalty.

12312. (Reserved).

12313. Qualifications.

12314. Mileage.

12315. Security.

12316. Solicitors to county officers other than county

commissioners.

§ 12301. Elected officers.

(a) Election.--In each county, the following officers shall

be elected by the qualified electors of the county:

(1) Three county commissioners.

(2) Three auditors or, in counties of the second class A

and in each county in which the office of auditor has been or

shall be abolished, one controller.

(3) One treasurer.

(4) One coroner.

(5) One recorder of deeds.

(6) One prothonotary.

(7) One clerk of the court of common pleas.

(8) Except in counties of the second class A, one clerk

of the orphans' court.

(9) One register of wills, who, in counties of the

second class A, shall serve as clerk of the orphan's court.

(10) One sheriff.

(11) One district attorney.

(12) Two jury commissioners, except in counties in which

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the office of jury commissioner has been abolished.

(b) Term.--

(1) Except as provided under paragraph (2) and

subsection (c), each officer shall be elected at the

municipal election next preceding the expiration of the terms

of the officers in office on October 10, 1955, and every four

years thereafter, and shall hold the offices for a term of

four years from the first Monday of January next after the

election in which the officer was elected and until a

successor is duly qualified.

(2) If an elected officer, except a county commissioner

or auditor, fails to qualify or if a successor is not

elected, the chief deputy, first assistant, first deputy or

principal deputy in office at the time the vacancy occurred

shall assume the office until a successor has been appointed

under section 12309 (relating to vacancies) or until the

first Monday in January following the next municipal

election, whichever period is shorter. For a county

commissioner or auditor, a vacancy shall exist which shall be

filled as provided under this part.

class A, other than a county commissioner, fails to qualify or

if no successor is elected, the officer then in office shall

continue in office only until the first Monday in January

following the next municipal election, at which time a successor

shall be elected for a term of four years.

(d) Offices remain.--Each county officer enumerated under

this section shall remain as constituted on October 10, 1955.

This section shall not create an office in a county if the

office does not exist on October 10, 1955.

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(e) Jury commissioner abolishment by referendum or

resolution.--

(1) The office of jury commissioner may be abolished by

referendum at the option of each county which on August 17,

1998, is a county of the third class having a population

under the 1990 Federal decennial census in excess of:

(i) 237,000 residents, but less than 240,000

residents; or

(ii) 337,000 residents, but less than 341,000

residents.

(2) In order to effectuate abolishment under this

subsection:

(i) electors equal to at least 5% of the highest

vote cast for any office in the county at the last

preceding general election must file a petition with the

county board of elections; or

(ii) the governing body of the county must adopt, by

a majority vote, a resolution to place the question on

the ballot and a copy of the resolution must be filed

with the county board of elections for a referendum on

the question of abolishing the office of jury

commissioner.

(3) Proceedings under this subsection shall be in

accordance with the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

(4) Upon approval of a referendum under this subsection,

the office of jury commissioner shall expire at the

completion of the current jury commissioners' terms of

office.

(5) A referendum under this subsection may not take

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place in a year in which the office of jury commissioner is

on the ballot.

(f) Jury commissioner abolishment by resolution.--The office

of jury commissioner may be abolished in a county of the third

class having a population under the 2000 Federal decennial

census of not less than 371,000 and not more than 380,000 if the

governing body of the county adopts, by a majority vote, a

resolution abolishing the office of jury commissioner. Upon

approval of the resolution, the office of jury commissioner

shall expire at the completion of the current jury

commissioners' terms of office.

(g) Jury commissioner abolition.--After review of the

procedures in effect within the county to ensure that lists of

potential jurors are a representative cross section of the

community, the governing body of a county of the second class A,

third, fourth, fifth, sixth, seventh or eighth class may adopt,

by a majority vote, a resolution abolishing the office of jury

commissioner. Upon approval of the resolution, the office of

jury commissioner shall expire at the completion of the current

jury commissioners' terms of office.

§ 12302. Incompatible offices.

(a) Legislative member, school director or board of health

member.--An elected county officer or, in counties of the third,

fourth, fifth, sixth, seventh and eighth class, county

solicitor, if the county solicitor is an individual, may not, at

the same time, serve as:

(1) A member of the legislative body of a municipal

corporation.

(2) A school director of a school district.

(3) A member of a board of health.

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(b) Treasurer or tax collector.--Except as authorized under

law, an elected county officer or county solicitor, if the

county solicitor is an individual, of a county of the third,

fourth, fifth, sixth, seventh or eighth class may not, at the

same time, serve as treasurer or tax collector of a municipal

corporation.

this Commonwealth and an individual holding or exercising an

office or appointment of trust or profit under the United States

may not, at the same time, hold or exercise a county office in

this Commonwealth to which a salary, fee or perquisites are

attached. This subsection shall not apply to a member of the

National Guard or other reserve component of the armed forces

not called into active duty.

§ 12303. Oath of office.

(a) Requirement.--In addition to an oath or affirmation

required by another statute, each county officer and the county

officer's deputies, assistants and clerks shall, before entering

on the duties of the individual's respective offices or

employments, take and subscribe the oath under 53 Pa.C.S. § 1141

(relating to form of oaths of office).

(b) Administration.--The oath under subsection (a) shall be

administered by an individual authorized to administer oaths and

shall be filed in the office of the prothonotary of the county

in which the oath is taken. An individual refusing to take the

oath or affirmation shall forfeit the office. A person convicted

of having sworn or affirmed falsely or of having violated the

oath or affirmation commits perjury.

§ 12303.1. (Reserved).

§ 12304. Recorded commissions.

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Each county officer receiving a commission from the Governor

shall, immediately, deliver the same to the recorder of deeds

for recordation. An officer may not execute any of the duties of

office until the commission has been delivered.

§ 12305. Location of offices, records and papers.

(a) County seat.-- Except as otherwise provided in subsection

(d), each county commissioner, auditor, controller, treasurer,

sheriff, recorder of deeds, prothonotary, clerk of courts, clerk

of orphans' court, register of wills and district attorney shall

keep the individual's respective offices and each public record

and paper of the office at the county seat and in buildings

erected or appropriated for keeping offices and public records

and papers.

(b) Storage.--

(1) The county commissioners may keep and maintain

records and contract with persons for storage, retrieval and

transmission of county records within or outside the county

except that no records shall be stored outside the county

seat without the approval of the officer in charge of the

office to which the records belong. The approval of the

president judge shall be required if records are in the

custody of agencies of the court of common pleas, the clerk

of courts, the prothonotary, the register of wills or the

clerk of the orphans' court. Public records stored outside of

the county seat shall be made accessible to the general

public at the county seat by an electronic means or facility

which will permit the retrieval of the records or exact

copies of the records within five business days.

(2) County records used on a regular or frequent basis

shall be accessible in the county seat.

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class A may impose a fee on recorded instruments required to be

kept permanently that are filed with the county and, with the

approval of the president judge, may impose a fee on civil or

criminal cases filed in the court of common pleas. Fees shall be

collected by the appropriate row officer and deposited into a

special records management fund, administered by the county's

records management program in the Office of Management and

Productivity or, in the absence of an Office of Management and

Productivity, an office that handles the same or similar

functions. The fund shall be solely used to help defray the cost

of maintaining, administering, preserving and caring for the

records of the county.

(d) Office.--The county commissioners shall, after

consultation with an officer, furnish each officer with an

office and additional space in the county building, courthouse

or other building at the county seat sufficient to perform the

duties of the office. The following shall apply:

(1) The commissioners may, with the approval of the

respective officers, furnish an additional office or space in

buildings at locations outside of the county seat for the

auditors, commissioners, controller, treasurer or recorder of

deeds.

(2) The commissioners may with the approval of the

respective officers and the president judge, furnish an

additional office or space in buildings at locations outside

of the county seat for the sheriff, prothonotary, clerk of

courts, clerk of orphan's court, register of wills or

district attorney.

(e) Maintenance.--An officer failing or refusing to maintain

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the office and to keep each public record and paper of the

office in the buildings appropriated under this section, commits

a misdemeanor and, upon conviction, shall be sentenced to:

(1) imprisonment until the officer complies with this

section or until sooner discharged by order of the court; and

(2) pay a fine of not more than $500 for the use of the

county.

§ 12306. Open records.

Except as provided under this chapter, each record of a

county office shall be open for inspection subject to the rules

and regulations provided under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

§ 12307. Securing from predecessors.

(a) Demand and receipt.--An elected or appointed person,

duly commissioned to a county office, shall demand and receive

each record, book, draft, plan, paper, seal or other official

thing, including public money held in the office, and not

provided for under Article XIII.1 of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, belonging to the

office from each person who held the office immediately before

the officer's election or appointment or from each other person

holding or possessing the items.

(b) Detention.--A person that detains from a county office a

record, book, draft, plan, paper, seal or other official thing,

including public money, as provided under this section,

belonging to an office after reasonable demand has been made,

commits a misdemeanor and, upon conviction, shall be sentenced

to:

(1) undergo imprisonment until the delivery of each

official thing found to be in the person's possession or

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control to the proper officer or until sooner discharged by

order of the court; and

(2) pay a fine of not more than $500 for the use of the

county.

§ 12308. Action by deputies.

(a) Appointment.--

(1) If a county officer is authorized or required to

appoint a deputy, the deputy or principal deputy, if there is

more than one, shall, during the necessary or temporary

absence of the deputy's principal, perform each duty of the

principal and, in case of a vacancy or under section 12301(b)

(relating to elected officers), until a successor is

qualified.

(2) If fulfilling the duties under paragraph (1) for a

vacancy in a county of the third, fourth, fifth, sixth,

seventh or eighth class, a deputy shall receive the salary

provided under law for the principal or the salary provided

for the deputy, whichever is greater.

(b) Oath.--A person temporarily succeeding to a county

office by reason of the death, resignation or removal of the

duly elected or appointed officer, may not execute any of the

duties of the office until the person has taken the oath and

filed the bond required of the principal officer.

§ 12309. Vacancies.

(a) Appointment by Governor.--

(1) Except as provided under subsection (b), for a

vacancy in a county office created by the Constitution of

Pennsylvania or laws of this Commonwealth, and, if no other

provision is made under the Constitution of Pennsylvania or

under this part to fill the vacancy, the Governor shall

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appoint a suitable individual to fill the office, who shall

continue to hold and discharge the duties of the office until

the first Monday in January following the next municipal

election occurring not less than 90 days after the occurrence

of the vacancy, or for the balance of the unexpired term,

whichever period is shorter.

(2) If a municipal election occurs not less than 90 days

after the occurrence of the vacancy under paragraph (1),

other than the municipal election at which the office

ordinarily is filled, the office shall be filled at that

municipal election for the balance of the unexpired term.

(3) An appointee under this subsection shall be

confirmed by the Senate, if in session.

(b) Second class A.--In counties of the second class A, an

appointed person shall continue in office and discharge the

duties of the office for the balance of the unexpired term.

duties under this section in accordance with section 207.1(d)

(5.1) of the act of April 9, 1929 (P.L.177, No.175), known as

The Administrative Code of 1929.

§ 12310. Information to heads of governmental departments.

(a) Duty.--

(1) Upon application by the head of a State agency, each

county officer shall furnish information and copies of

records or documents contained in the respective offices as

the head of the agency determines may be necessary or

pertinent to the work of the department.

(2) The county furnishing information under paragraph

(1) shall receive reasonable compensation as may be

determined by the Auditor General. The compensation shall be

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paid to the county by the State Treasurer, out of money not

otherwise appropriated, upon warrant from the Auditor

General.

(b) Department of Community and Economic Development.--Each

county officer shall furnish to the Department of Community and

Economic Development any information requested by the Department

of Community and Economic Development.

§ 12311. Penalty.

If a county officer neglects or refuses to perform a duty

imposed on the officer under this part, any other act or by a

rule of court, the officer commits, for each neglect or refusal,

a misdemeanor and, upon conviction, shall be sentenced to pay a

fine not exceeding $500.

§ 12312. (Reserved).

§ 12313. Qualifications.

(a) General rule.--An individual may not be elected to a

county office, except the office of district attorney, as

provided for under this part, unless the person is:

(1) at least 18 years of age;

(2) a citizen of the United States;

(3) a resident of the county; and

(4) has resided within the county for at least the

directly preceding year prior to the election.

(b) Sheriff.--In addition to the qualifications under

subsection (a), an individual may not be eligible for the office

of sheriff except in accordance with 44 Pa.C.S. Ch. 74 Subch. C

(relating to sheriff and deputy sheriff education and training).

§ 12314. Mileage.

Each county official or employee may, if authorized by the

county commissioners, be reimbursed in accordance with the act

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of July 20, 1979 (P.L.156, No.51), referred to as the Uniform

Mileage Fee Law.

§ 12315. Security.

The county shall obtain required security for county officers

and employees in accordance with Subchapter B of Chapter 11

(relating to required fiscal security for officers and

employees).

§ 12316. Solicitors to county officers other than county

commissioners.

(a) Appointment.--Each of the following officers may

designate and appoint a solicitor licensed to practice law in

this Commonwealth which may be an individual or a law firm,

partnership, association or professional corporation:

(1) The county treasurer.

(2) The sheriff.

(3) The register of wills.

(4) The recorder of deeds.

(5) The coroner.

(6) The controller or auditors, as appropriate.

(b) Advisement.--The solicitor shall advise on all legal

matters, and conduct litigation, as requested by the officer.

of the appointing officer.

(d) Appropriation.--The county commissioners may appropriate

money for the payment of a solicitor appointed under this

section.

(e) Judiciary.--The appointment, compensation, powers and

duties of solicitors appointed by prothonotaries, clerks of

court and clerks of orphans' court shall be in accordance with

42 Pa.C.S. (relating to judiciary and judicial procedure).

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SUBCHAPTER B

(Reserved)

SUBCHAPTER C

STATE ASSOCIATIONS

Sec.

12340. State associations.

12341. Purpose and annual meetings.

12342. Deputies and solicitors.

12343. Expenses and time limits.

12344. Other meeting expenses.

12345. Annual assessments.

12346. Associations and organizations concerned with

governmental affairs.

§ 12340. State associations.

County officers of each county may organize for themselves a

State association as follows:

(1) County commissioners, with the county solicitor, the

chief clerk to the county commissioners and officers who are

counterpart personnel in counties having a home rule charter

or optional form of government.

(2) County controllers.

(3) Sheriffs.

(4) District attorneys.

(5) Probation officers.

(6) Registers of wills and clerks of orphans' courts.

(7) Prothonotaries and clerks of courts.

(8) County treasurers.

(9) Recorders of deeds.

(10) Directors of veterans' affairs.

(11) Coroners.

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(12) Jury commissioners.

(13) County auditors.

(14) Public defenders.

§ 12341. Purpose and annual meetings.

(a) Purpose.--The purpose of the respective State

associations under section 12340 (relating to State

associations) shall be to discuss and resolve the various

questions arising in the discharge of the duties and functions

of the respective officers and to provide uniform, efficient and

economical methods of administering the affairs of the counties

pertaining to the officer's offices.

(b) Annual meeting.--Each State association may hold an

annual meeting at a time and place within this Commonwealth

designated by the association to facilitate cooperation,

coordination and full exchange of information provided under

subsection (a).

county auditors and the association of county treasurers may

meet in joint session with the association of county

commissioners, solicitors and chief clerks, if the associations

mutually agree. Each association shall have a separate session

on at least two days during the annual meeting to facilitate

cooperation, coordination and full exchange of information

provided under subsection (c).

§ 12342. Deputies and solicitors.

With the approval of the solicitor's principals, the first

and, if appointed, second deputy and the solicitor of the

following officers may attend the annual meeting of the

principal's respective association with or in place of the

solicitor's principals:

20230SB0945PN1111 - 65 -

(1) Controller.

(2) Sheriff.

(3) Register of wills.

(4) Clerk of orphans' court.

(5) Treasurer.

(6) Prothonotary.

(7) Clerk of courts.

(8) Recorder of deeds.

(9) District attorney.

(10) Public defender.

(11) Coroner.

§ 12343. Expenses and time limits.

(a) Elected officers.--

(1) The actual expenses of each authorized elected

county officer attending the annual meetings of the county

officer's associations shall be paid by the county out of the

general fund of the county.

(2) Each of the officers, except the county

commissioners, shall be reimbursed for actual expenses not to

exceed $220 per day for the number of days specified under

subsection (d), including mileage traveling to and returning

from the annual meeting and the registration fee.

(3) The amount under paragraph (2) shall be adjusted

annually by the annual increase in the cost of living as

determined annually by the United States Department of Labor.

(b) Nonelected officers and employees.--

(1) The actual expenses of each authorized nonelected

county officer and employee attending the annual meetings of

the associations may be paid by the county out of the general

fund of the county.

20230SB0945PN1111 - 66 -

(2) Each officer may be reimbursed for actual expenses

in an amount not to exceed $220 per day for the number of

days specified under subsection (d), including mileage

traveling to and returning from the annual meeting and the

registration fee.

(3) The amount under paragraph (2) shall be adjusted

annually as provided under subsection (a)(3).

(1) Each delegate attending the annual meeting shall

submit to the county original receipts with an itemized

account of expenses incurred at the meeting.

(2) The county may authorize an employee to be

compensated at the employee's regular employee rate during

attendance at the annual meeting.

(3) The actual expenses for elected officers shall be

paid and for nonelected officers may be paid for the number

of days specified under subsection (d). Elected county

officers shall receive and nonelected county officers and

employees may receive actual expenses not to exceed $220 per

day for each day not in excess of two in going to and

returning from the meeting.

(4) The amount under paragraph (3) shall be adjusted

annually as provided under subsection (a)(3).

(d) Time limit.--

(1) The annual meeting of:

(i) The association of county commissioners, county

solicitors and chief clerks may not exceed four days.

(ii) The association of district attorneys may not

exceed three days.

(iii) A State association, other than an association

20230SB0945PN1111 - 67 -

under subparagraphs (i) and (ii), may not exceed three

days.

(2) The time limit under paragraph (1) shall not include

time spent traveling to and returning from the annual

meeting.

§ 12344. Other meeting expenses.

(a) Equal payments.--In addition to the expenses authorized

under this subchapter, the necessary expenses of the annual

meetings under this section shall be paid in equal parts by each

county with officers that are members of the respective

associations.

(b) Limit.--For county commissioners, county solicitors and

county clerks, county controllers, county auditors, sheriffs,

recorders of deeds, prothonotaries, clerks of courts, public

defenders, district attorneys, jury commissioners, coroners and,

for counties of the second class A, directors of veterans'

affairs, the portion of annual expenses charged to each county

may not exceed the following:

(1) For each county of the second class A, $1,000.

(2) For each county of the third and fourth class, $750.

(3) For each county of the fifth and sixth class, $625.

(4) For each county of the seventh and eighth class,

$500.

Notwithstanding subsections (a) and (b), the following shall

apply:

(1) For directors of veterans' affairs for counties

other than a county of the second class A, the portion of

annual expenses charged to each county may not exceed $400.

20230SB0945PN1111 - 68 -

(2) For probation officers an annual membership

subscription not exceeding $12.50 per member shall be paid by

the county.

(d) Increase.--The amounts under subsections (b) and (c)

shall be adjusted annually by the annual increase in the cost of

living as determined annually by the United States Department of

Labor.

§ 12345. Annual assessments.

(a) County commissioners, county solicitors and chief

clerks.--In addition to the expenses authorized under this

subchapter, the necessary expenses of the association of county

commissioners, county solicitors and chief clerks shall be

apportioned among each county holding membership in the

association in amounts provided for by the rules and regulations

of each association.

(b) District attorneys.--In addition to the expenses

authorized under this subchapter, the necessary expenses of the

association of district attorneys shall be apportioned among

each county holding membership in the association in amounts

provided for by the rules and regulations of the association.

subsections (a) and (b) shall be approved at each annual

conference of the association by a majority vote of the members

present and, when approved, shall be paid by the counties from

the general fund of each county.

§ 12346. Associations and organizations concerned with

governmental affairs.

(a) Associations and organizations.--The county

commissioners may:

(1) Join associations and organizations, in addition to

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the County Commissioners Association of Pennsylvania,

concerned with county or governmental affairs.

(2) Pay dues to the associations and organizations.

(3) Send delegates to meetings or conferences of the

associations and organizations and pay the necessary expenses

incident to attendance at the meetings or conferences.

(b) Professional associations and organizations.--The county

commissioners may authorize a county official and employees of

the official to attend meetings of professional associations and

organizations, or study or training sessions for individuals

holding the same or similar office or employment, and may pay

all or a portion of the necessary expenses related to attendance

at the meetings or sessions.

a conference, meeting, study or training session under this part

shall submit to the county controller, or to the county

commissioners in counties having no controller, an itemized

account of expenses related to the event, including traveling

expenses or mileage approved by the county commissioners.

SUBCHAPTER D

REMOVAL OF COUNTY OFFICERS

Sec.

12350. Removal of county officers and appointees.

§ 12350. Removal of county officers and appointees.

(a) Elected.--A county commissioner, sheriff, coroner,

prothonotary, register of wills, recorder of deeds, treasurer,

county auditor or county controller, clerk of courts, district

attorney or any other officer of the counties, whether elected

or duly appointed to fill a vacancy, may be removed from office

only:

20230SB0945PN1111 - 70 -

(1) by impeachment, or by the Governor, for reasonable

cause after due notice and full hearing on the advice of two-

thirds of the Senate; or

(2) upon conviction of misbehavior in office or of an

infamous crime in accordance with the Constitution of

Pennsylvania, but their title to office may be tried by

proceedings of quo warranto as provided by law.

(b) Appointed.--An appointee to a county office or position

other than to an elected office shall be:

(1) Subject to removal at the pleasure of the appointing

authority, except as otherwise expressly provided by law.

(2) Removed on conviction of misbehavior in office or of

an infamous crime.

SUBCHAPTER E

CONDUCT OF OFFICIAL BUSINESS

Sec.

12360. Meetings open to public.

§ 12360. Meetings open to public.

Each regular or special meeting of the county commissioners

and of each board, commission and authority, created by or

operating as an agency of a county, shall be a public meeting

subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).

CHAPTER 125

COUNTY COMMISSIONERS AND CHIEF CLERKS

Subchapter

A. County Commissioners

B. Chief Clerk of County Commissioners

SUBCHAPTER A

COUNTY COMMISSIONERS

Sec.

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12501. Election and vacancies.

12502. Organization.

12503. Meetings.

12504. Quorum and execution of official instruments.

12505. Certified copies of proceedings.

12506. Oaths.

12507. Expenses.

12508. Office supplies.

12509. Ordinances and resolutions.

12510. (Reserved).

12511. (Reserved).

12512. (Reserved).

12513. (Reserved).

§ 12501. Election and vacancies.

(a) Election.--Three county commissioners shall be elected

in each county in the year 1955 and every fourth year

thereafter. In the election of county commissioners, each

qualified elector shall vote for no more than two individuals.

The three individuals having the highest number of votes shall

be elected.

(b) Vacancy.--A vacancy in the office of county

commissioners shall be filled for the balance of the unexpired

term by the court of common pleas of the county in which the

vacancy occurs by the appointment of a registered elector of the

county who was a member of the same political party as the

vacating county commissioner at the time the vacating county

commissioner was elected.

§ 12502. Organization.

The county commissioners shall meet on the first Monday of

January 1956 and on the first Monday of January every fourth

20230SB0945PN1111 - 72 -

year thereafter in the office provided for the county

commissioners at the county seat for the purpose of

organization. If the first Monday is a legal holiday, the

meeting shall be held the next day.

§ 12503. Meetings.

(a) Rules.--The county commissioners shall adopt rules for

the conduct and order of business and establish regular times

and places of meetings. A copy of the rules shall be posted in a

conspicuous place in the county courthouse for the benefit of

the public.

(b) Special meeting notice.--Each county commissioner shall

have at least 20 hours notice of a special meeting and of the

nature of business to be conducted at the meeting, unless the

notice is waived by the county commissioner in writing or by

attendance at the special meeting.

§ 12504. Quorum and execution of official instruments.

(a) Quorum.--The county commissioners shall constitute a

board, two members of which shall be a quorum for the

transaction of business and, when convened after notice, shall

be competent to perform each of the duties pertaining to the

office of county commissioners.

(b) Execution.--If an official document, instrument or

official paper is to be executed by the county commissioners,

the execution shall be done by at least two of the county

commissioners and attested by the chief clerk who shall affix

the county seal to the document.

§ 12505. Certified copies of proceedings.

Copies of the proceedings of the county commissioners and of

each record in the possession of the county commissioners,

certified by the chief clerk under the county seal, shall be

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admitted in evidence in any court of the Commonwealth.

§ 12506. Oaths.

Each county commissioner may administer oaths and

affirmations in each case arising in the performance of the

duties of the office of the county commissioners.

§ 12507. Expenses.

A county commissioner may receive expenses necessarily

incurred and actually paid in the discharge of the county

commissioner's official duties or in the performance of a

service, office or duty imposed upon a county commissioner.

§ 12508. Office supplies.

(a) Supplies.--The county commissioners, at the cost of the

county, shall purchase and provide office furniture, equipment

and supplies, blank books, blank dockets, books for records,

stationery, postage, utilities, cleaning and maintenance

required for each of the county officers whose offices are

located in a county building or at another place at the county

seat as may be designated by the county commissioners and each

supply used by the public in connection with each office.

(b) Preference.--Before purchasing office furniture,

equipment or supplies, blank books, blank dockets, books for

records or stationery, county officers furnished with any of the

items may state in writing preferences as to the type and make

of the items. The county commissioners shall, if feasible,

purchase and supply to each officer the preferred item if a

preference has been given.

§ 12509. Ordinances and resolutions.

(a) Authorization.--The county commissioners may adopt

ordinances and resolutions prescribing the manner in which the

powers of the county shall be carried out and generally

20230SB0945PN1111 - 74 -

regulating the affairs of the county. The county commissioners

may formulate and adopt ordinances, resolutions, rules and

regulations pertaining to the use of property owned or used by

the county and the conduct of individuals in, on or about the

property in order to preserve the property and to promote and

preserve public health, safety and welfare.

(b) Publication.--

(1) A proposed ordinance, unless otherwise provided by

law, shall be published at least once in a newspaper of

general circulation in the county not more than 60 days

before passage and not less than seven days before passage.

(2) A public notice of a proposed ordinance shall

include the full text of the proposed ordinance or the title

and a brief summary of the proposed ordinance prepared by the

county solicitor setting forth all the provisions in

reasonable detail and a reference to a location within the

county in which copies of the proposed ordinance may be

examined.

(3) If the full text is not included in the public

notice required under this section, the following apply:

(i) A copy of the text shall be supplied to the same

newspaper of general circulation in which the public

notice is published.

(ii) An attested copy shall be filed in the county

law library within 30 days after the enactment or

adoption of the ordinance. The date of the filing of a

proposed ordinance may not affect the validity of the

process of the enactment or adoption of the ordinance and

a failure to record within the time period specified

under this subparagraph may not be deemed a defect in the

20230SB0945PN1111 - 75 -

process of the enactment or adoption of the ordinance.

(4) In the event substantial amendments are made in the

proposed ordinance, the county commissioners shall, at least

10 days before the enactment or adoption, republish the

proposed ordinance in a newspaper of general circulation in

the county and a brief summary setting forth all the

provisions in reasonable detail with a summary of the

amendments.

(5) An ordinance may not take effect until recorded in

the ordinance book of the county. If maps, plans or drawings

are adopted as part of an ordinance, the county commissioners

may, instead of publishing the the maps, plans or drawings as

part of the ordinance, refer to the location where the maps,

plans or drawings are on file and may be examined by the

public in the publication of the ordinance.

(1) Prescribe fines and penalties as follows:

(i) Not exceeding $1,000 for a violation of a

building, housing, property maintenance, health, fire or

public safety code or ordinance and for water, air and

noise pollution violations.

(ii) Not exceeding $600 for a violation of any other

county ordinance.

(2) Collect fines and penalties by suit, brought in the

name of the county, in like manner for which debts of like

amount may be sued.

(d) Penalties.--A person who violates an ordinance enacted

by the county commissioners under this section shall, upon

conviction at a summary proceeding, be sentenced to pay a fine

as may be prescribed in the ordinance by the county

20230SB0945PN1111 - 76 -

commissioners. The fine shall not exceed an amount of $1,000

per violation, with the costs of prosecution, or imprisonment of

not more than 10 days, or both. The fine shall be paid to the

county for use by the county.

§ 12510. (Reserved).

§ 12511. (Reserved).

§ 12512. (Reserved).

§ 12513. (Reserved).

SUBCHAPTER B

CHIEF CLERK OF COUNTY COMMISSIONERS

Sec.

12520. Chief clerk.

12521. Duties and powers of chief clerk.

§ 12520. Chief clerk.

The county commissioners shall appoint a chief clerk.

§ 12521. Duties and powers of chief clerk.

(a) Duties.--The chief clerk shall keep the books and

accounts of the county commissioners, record and file the

proceedings and papers of the county commissioners, attest all

orders and voucher checks issued by the county commissioners and

perform all other duties pertaining to the office of chief

clerk.

(b) Oaths and affirmations.--The chief clerk shall have the

power to administer oaths and affirmations pertaining to the

business of the office of the county commissioners.

CHAPTER 127

CONTROLLER

Sec.

12701. Election, term and seal.

12702. Eligibility.

20230SB0945PN1111 - 77 -

12703. Deputy controller and clerks.

12704. (Reserved).

12705. Establishment of office of controller in counties of the

sixth, seventh and eighth classes.

12706. Appointment by Governor, duties of auditors and

abolition of office of auditor.

12707. Expenses.

§ 12701. Election, term and seal.

(a) Election of controller.--At the municipal election

immediately preceding the expiration of the term of the

controller in office on January 1, 1956, and every four years

thereafter, the qualified electors of each county of the third,

fourth and fifth class and every other county in which the

office of controller has been or may be established, including

counties in which the office was established by general law or

otherwise when the counties were in a higher classification,

shall elect one resident of the county to serve as controller

for the term of four years beginning the first Monday of January

after the controller's election or until a successor is

qualified to serve in office.

(b) Counties of second class A.--In counties of the second

class A, a controller shall be elected at the municipal election

immediately preceding the expiration of the term of the

controller in office on December 24, 2018, and every four years

thereafter.

official seal of the office by the county commissioners. The

seal shall be used for the attestation of all official papers.

§ 12702. Eligibility.

(a) Office holders.--An individual holding office under the

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United States shall not be eligible to the office of county

controller while in office and for one year after leaving

office.

(b) Local office holders.-- The county commissioners, county

treasurer, prothonotary, register of wills, clerk of the courts,

recorder of deeds, sheriff and district attorney, and their

chief clerks or deputies, shall be ineligible, during their

continuance in such office and for two years thereafter, to the

office of county controller.

§ 12703. Deputy controller and clerks.

(a) Appointments.--

(1) In counties of the second class A, third, fourth and

fifth classes, the controller shall appoint a deputy

controller and clerks.

(2) In counties of the sixth, seventh and eighth

classes, the controller may appoint a deputy controller and

clerks.

(3) A controller may authorize one or more of the clerks

employed in the controller's office to administer to all

oaths and affirmations pertaining to the business of the

office with the same force and effect as if administered by

the controller or deputy controller.

(b) Second deputy controller.--A controller may appoint a

second deputy controller who shall possess and discharge all the

rights, powers and duties of the principal deputy controller

during the principal deputy controller's and the controller's

temporary absence.

§ 12704. (Reserved).

§ 12705. Establishment of office of controller in counties of

sixth, seventh and eighth classes.

20230SB0945PN1111 - 79 -

(a) Authorization.--The office of controller may be

established in a county of the sixth, seventh and eighth class

by the affirmative vote of a majority of the electors of the

county voting on the question submitted, in accordance with this

section, at the general election when the auditor of the county

is in the third year of the auditor's term.

(b) Petition.--The question shall be submitted to the

electors of the county when county electors file a petition

containing signatures equal to at least 5% of the highest vote

cast for an office in the county at the last preceding general

election. The petition shall be filed with the county

commissioners no less than 60 days before the day of the general

election when the question is to be submitted. If the petition

is sufficiently signed under this subsection, the county

commissioners shall cause the question to be submitted in the

manner provided by the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

the question vote in favor of establishing the office of county

controller, the office shall be established. At the next

municipal election and every four years thereafter, the electors

of the county shall choose a resident of the county for the

office of controller as a replacement for the county auditors.

§ 12706. Appointment by Governor, duties of auditors and

abolition of office of auditor.

(a) Appointment.--If the office of controller is established

in a county under section 12705 (relating to establishment of

office of controller in counties of sixth, seventh and eighth

classes), or by a change in class of the county not otherwise

provided for by law, the Governor shall appoint a suitable

20230SB0945PN1111 - 80 -

individual to act as the controller of the county until a

successor in office is duly elected and installed.

(b) Duties of auditors.--Upon the appointment of a

controller under subsection (a), the county auditors in office

at the time of the appointment shall proceed to audit all

accounts as required by law and file a report of the audit with

the controller no later than three months after the controller

assumes office. Whereupon, the office of county auditor shall be

abolished and cease to exist in the county.

§ 12707. Expenses.

The county controller and the county controller's deputy,

clerks and auditors shall be allowed their expenses necessarily

incurred and actually paid in the discharge of their official

duties or in the performance of any service or duty imposed.

CHAPTER 129

AUDITORS

Sec.

12901. Election and vacancies.

12902. Eligibility.

12903. Meetings and quorum.

12904. (Reserved).

§ 12901. Election and vacancies.

(a) Election.--In each county in which the office of

controller has not been established, three county auditors shall

be elected in 1955 and every four years thereafter. In the

election of county auditors, each qualified elector shall vote

for no more than two individuals. The three individuals with the

highest number of votes shall be elected to the office of county

auditor.

(b) Vacancies.--A vacancy in the office of county auditors

20230SB0945PN1111 - 81 -

shall be filled, for the balance of the unexpired term, by the

court of common pleas of the county, sitting en banc, appointing

a successor who, at the time the vacating auditor assumed

office, was a registered elector of the county and was a member

of the same political party as the vacating auditor.

§ 12902. Eligibility.

(a) Treasurers.--An individual may not be eligible to the

office of county auditor if the individual has been the

treasurer of the county within the previous two years.

(b) Officers.--An individual holding the office of county

auditor may not at the same time hold an office or employment

for the county or for a municipal authority of which the county

is a member. A county auditor may not be employed in an

administrative position by a school district or organization or

entity that may be audited by the board of auditors. A county

auditor may not hold an elected or appointed office or serve as

a manager for a municipal corporation in the county.

§ 12903. Meetings and quorum.

(a) Meetings.--The auditors shall meet at the county seat on

the first Monday of January in each year for the purpose of

organizing and to begin the audit of the fiscal affairs of the

county for the immediately preceding fiscal year. If the first

Monday in January is a legal holiday, the meeting shall be held

the first day after the first Monday in January.

(b) Deadline.--The auditors shall meet as necessary for the

completion of the audit under subsection (a) by the following

July 1. The auditors may petition the court of common pleas for

additional time for the completion of the audit and the filing

of the report. The court, upon a showing of due cause, shall

grant additional time as the court deems necessary for

20230SB0945PN1111 - 82 -

completion of the audit and report.

as determined by the county commissioners in accordance with the

act of November 1, 1971 (P.L.495, No.113), entitled "An act

providing for the compensation of county officers in counties of

the second through eighth classes, for compensation of district

attorneys in cities and counties of the first class, for

compensation of district election officers in all counties, for

the disposition of fees, for filing of bonds in certain cases

and for duties of certain officers," and daily or hourly

compensation set for the auditors shall be applicable for any

period of additional time granted under subsection (b).

(d) Quorum.--Any two auditors when duly convened shall be a

quorum for the purpose of transacting business.

§ 12904. (Reserved).

CHAPTER 131

TREASURER

Sec.

13101. County treasurer and eligibility.

13102. (Reserved).

13103. (Reserved).

13104. (Reserved).

13105. Misapplication of money collected for specific purposes.

13106. Deputy treasurer.

13106.1. Second deputy treasurer.

13107. (Reserved).

§ 13101. County treasurer and eligibility.

No judge, clerk or prothonotary of any court, register of

wills, recorder of deeds, county commissioner or county

controller shall be eligible to serve as county treasurer during

20230SB0945PN1111 - 83 -

their continuance in office.

§ 13102. (Reserved).

§ 13103. (Reserved).

§ 13104. (Reserved).

§ 13105. Misapplication of money collected for specific

purposes.

If money is collected by law in a county and is in the

possession or control of the treasurer of the county, it shall

be unlawful for the treasurer to apply the money to any other

purpose than that for which the money was collected unless

otherwise authorized by law. A misapplication of money under

this section shall constitute a violation of 18 Pa.C.S. § 3927

(relating to theft by failure to make required disposition of

funds received).

§ 13106. Deputy treasurer.

The county treasurer may appoint a deputy county treasurer

who shall perform duties as prescribed by the county treasurer.

§ 13106.1. Second deputy treasurer.

The county treasurer may appoint a second deputy treasurer.

The second deputy treasurer shall possess and discharge all the

rights, powers and duties of the principal deputy treasurer

during the principal deputy treasurer's and treasurer's

temporary absence.

§ 13107. (Reserved).

CHAPTER 133

COUNTY SOLICITOR

Sec.

13301. Appointment and qualifications.

13302. Duties.

13303. Employees in certain counties.

20230SB0945PN1111 - 84 -

13304. Assistant county solicitors.

§ 13301. Appointment and qualifications.

The county commissioners shall appoint a county solicitor.

The county solicitor shall be an attorney at law admitted to

practice in the courts of this Commonwealth and may be an

individual, a law firm, a partnership, an association or a

professional corporation. Before entering upon the duties of

office, the county solicitor shall file with the county

commissioners an agreement to pay all fees, attorney's fees and

commissions received from every source as county solicitor into

the county treasury.

§ 13302. Duties.

The county solicitor shall have the following duties:

(1) Commence and prosecute each suit brought, or to be

brought, by the county when the rights, privileges,

properties, claims or demands of the county are involved.

(2) Defend all actions or suits brought against the

county.

(3) Perform all duties now enjoined by law upon county

solicitors.

(4) Act professionally and render legal advice incident

to the office which may be required of the county solicitor

by the county commissioners.

§ 13303. Employees in certain counties.

In counties of the second class A and third class, the county

solicitor may, with the consent of the county commissioners,

employ clerks or assistants as may be necessary in the discharge

of the county solicitor's duties.

§ 13304. Assistant county solicitors.

(a) Appointment.--Except as provided under subsection (b),

20230SB0945PN1111 - 85 -

the county commissioners may appoint one or more assistant

county solicitors or special counsel. The assistant county

solicitors or special counsel shall be attorneys at law admitted

to practice in the courts of this Commonwealth. The assistant

county solicitors and special counsel shall perform duties in

connection with the legal affairs of the county as may be

assigned by the county commissioners or the county solicitor.

(b) Authorization.--In counties of the second class A, the

county solicitor shall have the authority to appoint assistant

county solicitors and special counsel under subsection (a),

subject to the approval of the county commissioners.

CHAPTER 135

ENGINEER

Sec.

13501. County engineer, appointment and term.

13502. Duties.

§ 13501. County engineer, appointment and term.

The county commissioners may appoint a professional engineer

in civil engineering or an engineering firm as the county

engineer. The engineer shall serve at the pleasure of the county

commissioners.

§ 13502. Duties.

The county engineer shall have the following duties:

(1) Prepare plans, specifications and estimates of all

engineering work undertaken by the county.

(2) As necessary, furnish the county commissioners with

reports, information or estimates on work.

(3) In general, perform all duties with reference to any

county engineering work as the county commissioners may

prescribe.

20230SB0945PN1111 - 86 -

(4) Perform all duties relating to surveying as may be

assigned by the county commissioners or by law.

CHAPTER 137

SHERIFF

Sec.

13701. Unfinished business of outgoing sheriff.

13702. Deputy action authorized.

13703. Chief deputy and petition.

13704. Real estate deputies.

13705. Deputies and clerks.

13706. Deputy sheriff's qualifications.

13707. False statements in deputy's affidavit.

13708. Filed items and public records.

13709. Public list of applicants for deputy sheriff.

13710. Private services, gifts and payments prohibited.

13711. Penalties.

13712. Construction.

13713. Chief deputy sheriff to act as sheriff in case of

vacancy.

13714. Sheriff to keep docket.

13715. Not to exercise office until commission granted and

recorded and penalty.

§ 13701. Unfinished business of outgoing sheriff.

(a) Unfinished business.--An outgoing sheriff shall deliver

all unfinished and unexecuted writs and process to the sheriff's

successor. The sheriff's successor shall receive and execute the

writs and process as if the writs and process had been

originally issued and directed to the sheriff's successor and

carry out and complete all other official duties of the outgoing

sheriff.

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(b) Successor powers and duties.--If real estate is sold

under an execution by a sheriff who is succeeded in office

before a deed is executed and acknowledged by the sheriff in due

form of law for the real estate, the sheriff's successor shall

execute and acknowledge a deed for the real estate to the

purchaser in the same manner as if the former sheriff were still

in office. A deed executed under this subsection shall be as

effectual in law as if the title had been completed by the

former sheriff.

necessary to authorize an incoming sheriff to carry out the

duties as prescribed by this section.

§ 13702. Deputy action authorized.

If the sheriff is required by law to act in person under or

by virtue of any writ or process issued by a court of the

Commonwealth, the sheriff may act either in person or by a

regularly appointed deputy sheriff.

§ 13703. Chief deputy and petition.

(a) Appointment.--The sheriff of each county shall appoint,

by commission duly recorded in the office for recording deeds, a

chief deputy. The chief deputy's appointment shall be revocable

by the sheriff by a signed revocation recorded in the office for

recording deeds. The chief deputy, during continuance in office,

may perform any duty incumbent upon the sheriff, which shall

have the effect in law as if the duty had been done by the

sheriff in person, regardless of the ability or temporary

disability of the sheriff to act, while the sheriff continues in

office. Nothing in this subsection shall be construed to relieve

the sheriff or the sheriff's sureties from liability upon the

official bond of the sheriff or the sheriff's sureties.

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(b) Petition.--If, during a vacancy in the office of sheriff

the duties of the office cannot be discharged in accordance with

section 13713 (relating to chief deputy sheriff to act as

sheriff in case of vacancy) or any other law, the ranking deputy

of the office shall petition the court of common pleas to

authorize a deputy to perform any duty incumbent upon the

sheriff. Upon a finding that no other individual has the legal

capacity to discharge the duty, the court shall authorize the

deputy to perform the duty during the vacancy as if the official

act had been done by the sheriff.

§ 13704. Real estate deputies.

The sheriff may appoint a real estate deputy to administer

all matters relating to the sheriff's sales of real estate and

distributions of the proceeds of the sheriff's sales of real

estate. The real estate deputy's appointment shall be made and

be revocable as provided for the chief deputy. The real estate

deputy may perform all duties incumbent upon the sheriff in the

same manner as the chief deputy and the same effect in law as if

the official duties had been performed by the sheriff in person.

The duties shall include the execution and acknowledgment of

sheriff's deeds for real estate upon receipt of the purchase

price for the real estate. Nothing in this section shall operate

to relieve the sheriff or the sheriff's sureties from liability

upon official bond of the sheriff or the sheriff's sureties.

§ 13705. Deputies and clerks.

The sheriff of each county may appoint deputies and clerks to

positions established in accordance with section 14723 (relating

to number and compensation of officers, deputies, assistants,

clerks and employees and revisions of salary schedules) for the

transaction of the business of the sheriff's office. The sheriff

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may revoke the appointment of deputies in the same manner as the

chief deputy. In counties of the third, fourth, fifth, sixth,

seventh and eighth class, the sheriff may also appoint as

necessary special deputies to assist the sheriff in executing a

civil or criminal process or court order or in preserving the

peace when an emergency arises. A special deputy shall serve for

a period only as necessary to conduct the special deputy's

duties under this section.

§ 13706. Deputy sheriff's qualifications.

(a) Requirements.--A sheriff may not appoint an individual

as a chief deputy or any other deputy sheriff unless the sheriff

files with the prothonotary, before the appointment of the

individual, the name and photograph of the individual and an

affidavit of the individual setting forth the following:

(1) The full name, age and residence address of the

individual, chief deputy or other deputy sheriff.

(2) That the individual, chief deputy or other deputy

sheriff is a citizen of the United States and 18 years of age

or older.

(3) That the individual, chief deputy or other deputy

sheriff has never been convicted of a crime involving moral

turpitude under Federal or State law or the laws of another

state.

(4) That the individual, chief deputy or other deputy

sheriff has not, for a period of two years immediately

preceding the filing of the affidavit under this subsection:

(i) acted individually or as the agent or employee

of another person in a labor dispute;

(ii) provided any service as a private detective,

private police officer or private guard in a labor

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dispute;

(iii) received any fee or compensation for acting as

a private detective, private police officer or private

guard in a labor dispute;

(iv) conducted the business of a private detective

agency or any agency supplying private detectives,

private police officers or private guards in a labor

dispute; or

(v) advertised or solicited the business of a

private detective agency or any agency supplying private

detectives, private police officers or private guards in

a labor dispute.

(b) Limitation.--An individual may not be appointed or

receive compensation as chief deputy or any other deputy except

in accordance with 44 Pa.C.S. Ch. 74 Subch. C (relating to

sheriff and deputy sheriff education and training).

§ 13707. False statements in deputy's affidavit.

Any false statement contained in an affidavit filed under

section 13706 (relating to deputy sheriff's qualifications)

shall constitute and shall be punishable as perjury.

§ 13708. Filed items and public records.

The name, photograph and affidavit filed under section 13706

(relating to deputy sheriff's qualifications) with the

prothonotary shall constitute a public record.

§ 13709. Public list of applicants for deputy sheriff.

The sheriff shall, from time to time, prepare a list of the

names of all the individuals who have applied for appointment as

deputy sheriff and meet the qualifications for the position. The

list shall be posted in a public place for a period of not less

than 10 days. After the 10 days have elapsed, the list shall be

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filed in the office of the prothonotary. No deputy sheriffs

shall be appointed by the sheriff whose names do not appear on

the list.

§ 13710. Private services, gifts and payments prohibited.

(a) Services, gifts and payments.--

(1) A sheriff, deputy sheriff, detective or other county

police officer may not perform, directly or indirectly, any

official services or official duties for an individual,

association or corporation. A sheriff, deputy sheriff,

detective or other county police officer may not receive,

directly or indirectly, compensation, gifts or gratuities

from a person, association or corporation during the period

of official services. Nothing in this paragraph shall be

construed to prohibit county officers from serving writs and

other legal process as authorized by law.

(2) Compensation payable to an officer for official

duties and services shall be paid only out of the proper

county or with other public money to the amount and in the

manner prescribed by law. Gifts, donations and gratuities

made by an individual, association or corporation to the

county or an official or agent of the county shall not be

considered public money for the purposes of this paragraph.

(b) Firearms and military supplies.--

(1) A county or an official or agent of the county may

not accept as a gift, donation or gratuity any arms,

ammunition, military supplies, tear gas or equipment or

supplies or articles of a similar character.

(2) An individual, association or corporation may not

provide as a gift, donation or gratuity any arms, ammunition,

military supplies, tear gas or equipment or supplies or

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articles of a similar character to a county or an official or

agent of the county.

made in violation of the provisions of this section shall be

null and void, have no effect in law or in equity and be

declared contrary to public policy.

(d) Outside employment.--Notwithstanding any other provision

of this section, unless otherwise prohibited by resolution or

ordinance of the county, an individual who is employed as a

sheriff, deputy sheriff, detective or other county police

officer may engage in outside employment, including employment

in security, during a period when the individual is not

scheduled to perform and is not performing a duty as a county

employee. The county shall not be liable for damage resulting

from an act of an individual engaging in outside employment as

authorized under this subsection.

§ 13711. Penalties.

A sheriff, deputy sheriff or other county police officer or

another official of the county or an individual, association or

corporation that violates the provisions of section 13706

(relating to deputy sheriff's qualifications), 13709 (relating

to public list of applicants for deputy sheriff) or 13710

(relating to private services, gifts and payments prohibited)

commits a misdemeanor and shall, upon conviction, be sentenced

to pay a fine of not less than $100 nor more than $500, or to

undergo imprisonment for not less than 90 days nor more than two

years, or both.

§ 13712. Construction.

Nothing contained in section 13706 (relating to deputy

sheriff's qualifications) or 13710 (relating to private

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services, gifts and payments prohibited) shall be construed to

prohibit any of the following:

(1) The appointment, employment or compensation by a

county in the manner expressly provided by law of any of the

following:

(i) Night watchmen.

(ii) Railroad police.

(iii) Bank police.

(iv) Payroll police.

(v) Special policemen to police and protect

cemeteries and grounds and buildings open to the public,

or to enforce laws for the prevention of cruelty to

persons or animals.

(vi) Fire police whose only duty shall be to direct

traffic to or from fires and maintain order at fires.

(vii) Police or guards employed by nonprofit

corporations or organizations.

(2) The payment by an individual, association or

corporation of fees or compensation for county police or

other peace officers assigned to exhibitions, athletic

contests or other recreational activities.

§ 13713. Chief deputy sheriff to act as sheriff in case of

vacancy.

If a sheriff is legally removed from office or dies or

resigns before the expiration of the term for which the sheriff

was commissioned, the chief deputy sheriff shall:

(1) execute the office of sheriff and perform all duties

required by the office of sheriff; and

(2) receive and retain the compensation provided by law

for sheriffs until another sheriff is commissioned and notice

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is given to the chief deputy sheriff.

§ 13714. Sheriff to keep docket.

A sheriff shall provide and keep in the office of sheriff a

book in which the sheriff shall enter all writs that may be

received and the proceedings of all the writs. At the expiration

of the term of office, the book shall be deposited in the office

of the prothonotary for the inspection of all interested members

of the public.

§ 13715. Not to exercise office until commission granted and

recorded and penalty.

An individual elected or appointed to the office of sheriff

may not execute any of the duties of office before a commission

is duly granted to the sheriff by the Governor and properly

recorded, under a penalty of imprisonment for a term not

exceeding six months, at the discretion of the court of common

pleas. The individual elected or appointed to the office of

sheriff shall be liable to a person injured by acts done by the

sheriff under the purview of the office of sheriff.

CHAPTER 139

CORONER

Subchapter

A. Preliminary Provisions

B. General Provisions

C. Fees and Cost Recovery

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

13901. Applicability.

13902. Definitions.

§ 13901. Applicability.

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Except as otherwise expressly provided under this chapter,

this chapter shall apply to counties of the second class, second

class A and third, fourth, fifth, sixth, seventh and eighth

class.

§ 13902. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Autopsy." The external and internal examination of the body

of a deceased individual, including all of the following:

(1) Gross visual inspection and dissection of the body

and the body's internal organs.

(2) Photographic or narrative documentation of findings,

including microscopic, radiological, toxicological, chemical,

magnetic resonance imaging or other laboratory analysis

performed upon tissues, organs, blood, other bodily fluids,

gases or other specimens.

(3) The retention for diagnostic and documentary

purposes of all of the following which are necessary to

establish and defend against challenges to the cause and

manner of death of the deceased individual:

(i) Tissues, organs, blood, other bodily fluids or

gases.

(ii) Any other specimen.

"Coroner." An elected or appointed coroner or an elected or

appointed medical examiner.

"Staff." The term includes an individual in the coroner's

office who engages in activities relating to death

investigation. The term includes a medical investigator,

forensic technician, laboratory director, forensic supervisor,

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forensic investigator, scientist or autopsy or histology

technician.

SUBCHAPTER B

GENERAL PROVISIONS

13911. Deputies.

13912. Duties regarding county morgues.

13913. Removal of bodies to morgue.

13914. Removal of body, burial and vehicle.

13915. Unclaimed property and sales.

13916. Private morgue.

13917. Requests for examinations and reports.

13918. Coroner's investigation.

13919. Autopsy, inquest and records.

13920. Child deaths.

13921. Sudden death.

13922. Prohibition on moving a body.

13923. Release of coroner's jurisdiction.

13924. Cooperation with district attorney.

13925. Cooperation with other counties.

13926. Certificate of cause of death.

13927. Subpoena and attachment.

13928. Jury.

13929. Oaths.

13930. Commitment to county prison.

13931. Excluded individuals.

13932. Vacancy.

13933. Anatomical gifts.

13934. Execution of office.

13935. Records.

§ 13911. Deputies.

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The coroner may appoint a deputy to act in the coroner's

place and may appoint staff to positions established in

accordance with section 14723 (relating to number and

compensation of officers, deputies, assistants, clerks and

employees and revisions of salary schedules) as the coroner

determines. A deputy shall have the same powers as the coroner.

§ 13912. Duties regarding county morgues.

(a) Coroner.--The coroner of a county in which a county

morgue is established shall have the following duties:

(1) Make general rules and regulations for the morgue's

operation and control.

(2) Appoint a suitable individual in charge of the

morgue. An individual appointed under this paragraph may be

removed at the pleasure of the coroner.

(b) Salary board.--The salary board shall determine the

number of individuals appointed under subsection (a)(2) and

each individual's salary.

§ 13913. Removal of bodies to morgue.

(a) Unidentified or unclaimed body.--If the body of a

deceased individual is unidentified or unclaimed by a proper

individual located within the county, the body shall be removed

to the county morgue or, in a county of the third, fourth,

fifth, sixth, seventh and eighth class, to a facility serving in

lieu of the county morgue. If necessary, the coroner shall have

the body properly embalmed or prepared for preservation for the

length of time the coroner determines is required to determine

the deceased's identity, the identity of a party responsible for

the deceased and the cause and manner of death. The body may

only be examined or inspected by an individual authorized by the

coroner or who is admitted in the coroner's presence.

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(b) Removal from morgue.--A body may not be removed from a

morgue except upon the authorization of the coroner.

§ 13914. Removal of body, burial and vehicle.

(a) Removal and burial.--The county commissioners shall, in

consultation with the coroner, provide for the removal of a body

of a deceased individual to and from the morgue and for the

burial of an unclaimed body.

(b) Vehicle.--The county commissioners may provide an

ambulance or other vehicle for the purpose under subsection (a)

and for other official duties of the coroner, including

administrative, investigative or educational activities. The

coroner may provide rules and regulations for the use and

maintenance of the ambulance or other vehicle.

§ 13915. Unclaimed property and sales.

(a) Duties.--The coroner shall safely keep all of the

following in the coroner's charge:

(1) The personal effects and property that appear to

have been on or about the individual at the time of death or

have been found on a decedent whose body is received at the

county morgue or at any other facility serving in lieu of the

county morgue.

(2) The effects and property that are delivered to the

coroner according to law.

(b) Required holding period.--The coroner shall hold the

property for one year, unless the property is claimed by a legal

representative of the deceased or is duly and lawfully disposed

of or claimed.

direct the unclaimed or undisposed property to the county

commissioners to be sold at public sale. Money and property as

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security that may not be subject to a public sale shall be

turned over to the county commissioners for proper disposition

or use.

(d) Notice.--Notice of a public sale under subsection (c)

shall be published in at least one newspaper of general

circulation in the county once a week for three successive

weeks. The proceeds of each sale shall be paid immediately into

the county treasury. The provisions of this subsection shall be

in lieu of escheating to the Commonwealth.

§ 13916. Private morgue.

In a county of the third, fourth, fifth, sixth, seventh and

eighth class in which a county morgue is not maintained, the

coroner may have a body that the coroner may admit to a county

morgue removed to a private facility. The county commissioners

shall procure by contract, as under Chapter 151 (relating to

contracts), the use of a private facility in consultation with

the coroner.

§ 13917. Requests for examinations and reports.

(a) Requests.--A request for an examination or other

professional service by another county or person may be complied

with at the discretion of the coroner under guidelines

established by the county commissioners.

(b) Fees and charges.--A fee and charge for an examination

or professional service shall be established by the coroner,

subject to approval by the county commissioners, and shall be

accounted for and paid to the county treasurer as provided under

section 14960 (relating to receipts and accounts of money due

county). Payment for an examination or professional service

shall be the responsibility of the county or person requesting

the service.

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§ 13918. Coroner's investigation.

(a) Duties.--The coroner having a view of the body shall

investigate the facts and circumstances concerning a death that

appears to have happened within the county, notwithstanding

where the cause of the death may have occurred, for the purpose

of determining if an autopsy or inquest should be conducted in

the following cases:

(1) A sudden death not caused by a readily recognizable

disease or, if the cause of death cannot be properly

certified, by a physician on the basis of prior recent

medical attendance.

(2) A death occurring under suspicious circumstances,

including if alcohol, a drug or another toxic substance may

have had a direct bearing on the outcome.

(3) A death occurring as a result of violence or trauma,

whether apparently homicidal, suicidal or accidental,

including, a death due to mechanical, thermal, chemical,

electrical or radiational injury, drowning, cave-in or

subsidence.

(4) A death in which trauma, chemical injury, drug

overdose or reaction to a drug or medication or medical

treatment was a primary or secondary, direct or indirect,

contributory, aggravating or precipitating cause of death.

(5) A perioperative death in which the death is not

readily explainable on the basis of prior disease.

(6) A death in which the body is unidentified or

unclaimed.

(7) A death known or suspected to be due to contagious

disease and constituting a public hazard.

(8) A death occurring in prison or a penal institution

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or while in the custody of the police.

(9) A death of an individual whose body is to be

cremated, buried at sea or otherwise disposed of so as to be

unavailable for examination.

(10) A sudden and unexplained infant death.

(11) A stillbirth.

(b) Purpose.--The purpose of an investigation under

subsection (a) shall be to determine all of the following:

(1) The cause and manner of the death.

(2) If there is sufficient reason for the coroner to

believe that the death may have resulted from a criminal act

or criminal neglect of an individual other than the deceased.

subsection (a), the coroner shall determine the identity of the

deceased and notify the next of kin of the deceased.

§ 13919. Autopsy, inquest and records.

(a) Autopsy.--If, after investigation, the coroner is unable

to determine the cause and manner of death, the coroner shall

perform or order an autopsy on the body.

(b) Inquest.--If the coroner is unable to determine the

cause and manner of death following an autopsy, the coroner may

conduct an inquest upon a view of the body as provided by law.

At the inquest, the coroner shall have the following duties:

(1) Ascertain the cause of death.

(2) Determine if an individual other than the deceased

was criminally responsible by act or neglect and the identity

of the individual who may be responsible.

(3) Examine further evidence and witnesses regarding the

cause of death.

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recorded, at the expense of the county, in a manner to be

provided by the county commissioners.

(d) Retention and disposal.--

(1) The coroner may retain a deoxyribonucleic acid

specimen for diagnostic, evidentiary or confirmatory

purposes.

(2) Retained tissue, organs, blood, other bodily fluid,

gas or another specimen from an autopsy are medical waste and

shall be disposed of in accordance with applicable Federal

and State laws.

(e) Liability.--A coroner who, in good faith, orders or

performs a medical examination or autopsy under statutory

authority shall be immune from civil liability for damages for

ordering or performing the examination or autopsy.

§ 13920. Child deaths.

(a) Duties.--A coroner shall perform or order an autopsy to

be conducted for the sudden unexplained death of a child who is

not more than three years of age. If an autopsy is required, the

autopsy shall be conducted in the manner the coroner determines

is the least invasive manner appropriate.

(b) Investigation.--

(1) If the coroner determines that an investigation is

appropriate in the case of the death of a child who is not

more than three years of age, the investigation shall include

the following information:

(i) Demographic information on the child and the

child's primary caregivers.

(ii) Witness interviews.

(iii) Infant medical history.

(iv) Biological mother's prenatal history.

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(v) Incident scene investigation.

(vi) Scene and body diagrams.

(2) In conducting the investigation under paragraph (1),

the coroner shall consider nationally recognized standards

for pediatric death review.

shall be collected for the purpose of aiding in the research of

the causes of sudden and unexplained infant deaths and to

provide genetic information as to the manner of death.

§ 13921. Sudden death.

(a) Recognition.--The coroner shall recognize a death as

sudden if all of the following apply:

(1) The death occurs without prior medical attendance by

an individual who may lawfully execute a certificate of death

in this Commonwealth.

(2) Within 24 hours of death the decedent:

(i) was discharged from medical attendance;

(ii) had a change of medical attendance occur; or

(iii) had medical attendance and the medical

attendant refuses or is unable to certify the cause of

death.

(b) Construction.--Nothing in this section may be construed

to affect the coroner's discretion in determining if a death is

suspicious or to authorize a coroner to investigate a sudden

death further than necessary to determine the cause and manner

of death.

attendance" shall include treatment or care at a facility

providing medical services, including a hospital, nursing home

and hospice service.

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§ 13922. Prohibition on moving a body.

(a) Moving a body.--Except as provided under subsection (b),

if a coroner has jurisdiction to investigate the facts and

circumstances of death, the body and the surroundings of the

body shall be left untouched until either of the following

occurs:

(1) The coroner has conducted an initial investigation

of the scene of death, including viewing and photographing

the scene in the manner that most fully discloses how the

individual died.

(2) The coroner directs or authorizes the touching of

the body and the surroundings of the body except as provided

by law or as circumstances may require.

(b) Exception.--A body on a public thoroughfare or other

place may be moved if necessary for the administration of

emergency care and as a precaution against a traffic accident or

another serious consequence that may reasonably be anticipated

if the body was left in place. The removal of the body shall be

done in a manner as to not substantially destroy or alter

possible evidence.

§ 13923. Release of coroner's jurisdiction.

If a coroner assumes jurisdiction of a body under the

provisions of this chapter or any other law, the body may not be

released or removed from the coroner's jurisdiction except upon

the coroner's directions and consent in accordance with law.

§ 13924. Cooperation with district attorney.

In the exercise of duties under this chapter, the coroner

shall consult with and advise the district attorney as may be

practicable. The district attorney may act as counsel to the

coroner in matters relating to inquests.

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§ 13925. Cooperation with other counties.

If one or more coroners deem it necessary to establish a

facility for conducting forensic testing and autopsies, a county

may establish and operate the facility.

§ 13926. Certificate of cause of death.

A coroner shall issue a certificate of cause of death in each

case:

(1) referred to the coroner by the local registrar of

vital statistics under the act of June 29, 1953 (P.L.304,

No.66), known as the Vital Statistics Law of 1953; or

(2) in which the coroner has jurisdiction and no

individual duly authorized by law certifies the cause of

death.

§ 13927. Subpoena and attachment.

The coroner may issue a subpoena and attachment, which shall

be served and executed by the sheriff, coroner or coroner's

deputy, for the following purposes:

(1) A death investigation.

(2) To obtain the attendance of an individual who may be

necessary to examine as a witness at an inquest.

(3) To compel attendance by attachment in a similar

manner and extent as a court of common pleas may do in a case

pending before the court.

(4) To compel the production of any of the following:

(i) A paper.

(ii) A document in any form or media, including a

medical and mental health record.

(iii) Another object relative to the investigation

or inquest.

§ 13928. Jury.

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(a) Jury.--The coroner may summon a jury of six individuals

and two alternates to be selected from the jury panels of the

court of common pleas.

(b) Function.--The function of the jury shall be to

determine the manner of death and if a criminal act or neglect

of a known or unknown individual caused the death. The jury

shall be paid as provided by law in the same manner as jury

members serving the court of common pleas.

§ 13929. Oaths.

The coroner may administer an oath and affirmation to an

individual brought or appearing before the coroner. An

individual who falsely swears or affirms during the examination

commits perjury.

§ 13930. Commitment to county prison.

(a) Warrant.--An individual may be committed by a coroner to

the county jail by warrant directed to the sheriff or a

constable of the county if while appearing before the coroner

for examination the individual refuses to:

(1) take an oath or affirmation; or

(2) answer a question asked by the coroner on the matter

of the inquest after having been sworn or affirmed.

(b) Case required.--A warrant issued under subsection (a)

shall specifically set forth the cause of the commitment to

county jail.

jail until the individual submits to be sworn or affirmed,

answers the questions of the coroner or is otherwise legally

discharged.

§ 13931. Excluded individuals.

The following apply:

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(1) In counties of the second, second A, third, fourth,

fifth, sixth, seventh and eighth class, the coroner may admit

or exclude any of the following:

(i) A member of the public from an inquest or a part

of an inquest.

(ii) An individual interested or suspected from the

inquest or a part of an inquest.

(2) An excluded individual may not appear by attorney.

(3) An individual required to attend may have counsel at

the attendance.

(4) In counties of the third, fourth, fifth, sixth,

seventh and eighth class, representatives of the media may

not be excluded from an inquest or part of an inquest unless

the representatives are personally interested or suspected

from the inquest or part of the inquest.

§ 13932. Vacancy.

(a) Removal, death or resignation.--If a coroner is legally

removed from office, dies or resigns before the expiration of

the term for which the coroner was elected or appointed, the

chief deputy coroner shall execute the office of coroner,

perform related duties and receive and retain the compensation

provided by law for the coroner until another coroner is

appointed.

(b) Neglect or refusal.--Except as otherwise provided under

subsections (d) and (e), if an individual who is elected to the

office of coroner neglects or refuses, for the two months after

the election, to assume the duties of the office and to comply

with the requirements of the law, the office shall be deemed

vacant. The Governor shall notify the recorder of deeds and

appoint and commission a suitable individual to fill the vacancy

20230SB0945PN1111 - 108 -

during the remainder of the term.

to the coroner under subsection (b).

(d) Exception in certain counties.--In counties of the

second class A, the appointee of the Governor shall serve until

the first Monday of January next succeeding the first municipal

election which occurs at least two months after the vacancy, at

which time a new coroner shall be elected. The appointee shall

be confirmed by the Senate if the Senate is in session.

(e) Medical examiner.--In counties of the second class, the

appointee to the office of medical examiner shall serve and the

term of office shall be as provided by county ordinance.

§ 13933. Anatomical gifts.

The coroner may order the removal of parts of a decedent's

body for donation purposes in accordance with 20 Pa.C.S. Ch. 86

(relating to anatomical gifts).

§ 13934. Execution of office.

An individual elected or appointed to the office of coroner

may not execute any of the duties of the office before a

commission has been issued to the coroner by the Governor and

properly recorded. An individual who violates this section may

be sentenced to imprisonment for a term of not more than six

months. The individual shall be liable to a person injured by an

act done by the individual under authority of the office.

§ 13935. Records.

In counties of the third, fourth, fifth, sixth, seventh and

eighth classes, every coroner, within 30 days after the end of

each year, shall deposit all official records and papers for the

preceding year in the office of the prothonotary for the

inspection of interested members of the public.

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SUBCHAPTER C

FEES AND COST RECOVERY

Sec.

13951. Disposition costs.

13952. Fees for reports.

§ 13951. Disposition costs.

(a) Cost of disposition.--If a legal representative makes a

claim to property after disposition of the deceased has occurred

at county expense, any property retained from the deceased by

the coroner in accordance with section 13915 (relating to

unclaimed property and sales) shall be subject to sale to cover

the cost of disposition with the balance, if any, going to the

legal representatives. No property shall be sold under this

subsection unless the coroner has provided written notice to the

representative of all of the following:

(1) The costs of disposition.

(2) A list of the property held in accordance with

section 13915.

(3) An opportunity to pay the costs of disposition

within 60 days of the notice.

(b) Costs of securing.--If the coroner secures the premises

of the deceased, the costs of securing the premises may be

charged against the estate of the deceased.

secure or safeguard any real property where the deceased is

found and any personal property on or around the deceased is

immune from civil liability for damage to or loss of the

property or its contents.

§ 13952. Fees for reports.

The coroner shall charge and collect a fee of $500 for an

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autopsy report, $100 for a toxicology report, $100 for an

inquisition or coroner's report, $50 for a cremation or

disposition authorization and other fees as may be established

for other reports or documents requested by nongovernmental

agencies in order to investigate a claim asserted under a policy

of insurance or to determine liability for the death of the

deceased. The fees collected under this section shall be

accounted for and paid to the county treasurer in accordance

with section 14960 (relating to receipts and accounts of money

due county) and shall be used to defray the expenses involved in

the county complying with the training of coroners or coroner

office personnel, as may be required or authorized under this

part or any other act.

CHAPTER 141

PROTHONOTARY, CLERK OF COURTS, CLERK OF ORPHANS' COURT,

Sec.

14101. Election of prothonotary, clerk of courts, clerk of

orphans' court, register of wills and recorder of

deeds.

14102. Office holders.

14103. Separate judicial districts.

14104. (Reserved).

14105. Appointment of first deputies.

14106. (Reserved).

14107. (Reserved).

14107.1. (Reserved).

14108. (Reserved).

14109. (Reserved).

14110. (Reserved).

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14111. (Reserved).

14112. Second deputy recorder.

14113. Clerks of recorder to administer oaths.

14114. (Reserved).

14115. (Reserved).

14116. (Reserved).

§ 14101. Election of prothonotary, clerk of courts, clerk of

orphans' court, register of wills and recorder of

deeds.

At the municipal election preceding the expiration of the

term of office of a prothonotary, clerk of the courts of common

pleas, register of wills, clerk of orphans' court or recorder of

deeds of any county and every four years thereafter, the

electors of the county shall elect an individual to fill the

office from the first Monday of January next succeeding the

election, for a term of four years and until a successor is

elected and qualified. If, under this part or other law, it is

provided that two or more offices be held by the same

individual, only one individual may be elected to hold the

office.

§ 14102. Office holders.

(a) Counties of the third and fourth classes.--In counties

of the third and fourth classes, one individual shall hold the

office of prothonotary, one individual shall hold the office of

clerk of courts, one individual shall hold the offices of

shall hold the office of recorder of deeds.

(b) Reconfiguration.--

(1) Notwithstanding subsection (a) or any other

provision of law, a county advancing from the fifth class to

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fourth class as a result of Federal decennial census data

certified after the primary election in the year of a

municipal election may maintain the configuration of offices

in effect in the county if the county, in consultation with

the president judge of the court of common pleas of the

county, deems appropriate.

(2) If a county subject to paragraph (1) determines that

reconfiguration of offices under subsection (a) or other

general law applicable to the holding of offices and to the

classification of the county is appropriate, the county shall

wait until the year when the offices are next up for election

to initiate the reconfiguration.

any other provision of law, the county commissioners of a county

advancing from the fifth class to fourth class may adopt a

resolution providing that one individual shall continue to hold

the offices of prothonotary and clerk of courts, unless an

applicable local law states otherwise.

(d) One office holder.--Notwithstanding subsection (a) or

(b) or any other provision of law, the county commissioners of a

county advancing from the fifth class to fourth class may adopt

a resolution providing that one individual shall hold the

offices of register of wills, recorder of deeds and clerk of

orphans' court, unless an applicable local law states otherwise.

(e) Counties of the fifth class.--In counties of the fifth

class, one individual shall hold the offices of prothonotary and

clerk of courts, one individual shall hold the offices of

shall hold the office of recorder of deeds, unless an applicable

local law states otherwise.

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(f) Counties advancing to fifth class.--Notwithstanding

subsection (e) or any other provision of law, the county

commissioners of a county advancing from the sixth class to

fifth class may adopt a resolution providing that one individual

shall continue to hold the offices of register of wills,

recorder of deeds and clerk of orphans' court, unless an

applicable local law states otherwise.

(g) Counties of sixth and seventh classes.--In counties of

the sixth and seventh classes, one individual shall hold the

offices of prothonotary and clerk of courts and one individual

shall hold the offices of register of wills, recorder of deeds

and clerk of orphans' court, unless an applicable local law

states otherwise.

(h) Counties of the eighth class.--In counties of the eighth

class, one individual shall hold the offices of prothonotary,

clerk of courts, clerk of orphans' court, register of wills and

recorder of deeds, unless local laws applying to the county

shall otherwise provide.

(i) Applicability.--Nothing in this section shall be

construed to repeal the act of July 2, 1839 (P.L.559, No.193),

entitled "An act to provide for the election of Prothonotaries,

Clerks, Recorders, and Registers," or the provisions of any

other local law.

(j) Offices not held.--

(1) A county in which the offices under this chapter are

not held that seeks to provide for the holding of two or more

of the offices by the same individual may, at any time:

(i) apply the provisions of this section, in whole

or in part; and

(ii) provide for the holding of the county offices

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in the manner specified under this section for the class

of counties to which the county belongs.

(2) The recombining of the offices under paragraph (1)

shall take effect in the year in which the offices are next

up for election, at which time offices in the county shall be

held in accordance with the provisions of this section

authorizing the combining of the offices or any other general

law applicable to the holding of offices and to the

classification of the county.

(k) Proceedings.--The proceedings for a county to accept the

provisions of this section regarding the county's offices shall

be in accordance with section 14103 (relating to separate

judicial districts) as applicable. Upon the expiration of the

term of a county officer affected by the proceeding, the

following apply:

(1) The office of the county officer shall be joined to

another county officer whose term still continues, and no

successor shall be elected to the office.

(2) If the terms of all officers affected expire at the

same time, upon expiration the offices shall be joined and

occupied by one individual elected at the preceding municipal

election.

§ 14103. Separate judicial districts.

(a) Elections.--In each county containing 40,000

inhabitants, which has been created as a separate and

independent judicial district as provided by the Constitution of

Pennsylvania, upon acceptance of the provisions of this section

under subsection (c) and at the expiration of the terms of the

offices in that county, there shall be:

(1) one individual elected to fill the office of

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prothonotary;

(2) one individual elected to fill the office of the

clerk of the courts of common pleas;

(3) one individual elected to fill the office of

(4) one individual elected to fill the office of

recorder of deeds.

(b) Offices held.--In a county in which the offices under

this subsection were held on October 10, 1955, the offices shall

continue to be held and individuals shall continue to be elected

to fill the offices and are not subject to the acceptance of

provisions required under subsection (c).

the acceptance of the provisions of this section shall be

exercised by a decree of the court of common pleas of the

county. The petition and decree shall be recorded in the office

of the recorder of deeds of the county and in the office of the

Secretary of the Commonwealth.

§ 14104. (Reserved).

§ 14105. Appointment of first deputies.

The recorder of deeds shall appoint one first deputy to act

for the death or resignation of the first deputy's principal or

when the office becomes vacant from other causes. The register

of wills shall appoint a deputy or deputies with powers and

duties specified under 20 Pa.C.S. Ch. 9 (relating to register of

wills).

§ 14106. (Reserved).

§ 14107. (Reserved).

§ 14107.1. (Reserved).

§ 14108. (Reserved).

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§ 14109. (Reserved).

§ 14110. (Reserved).

§ 14111. (Reserved).

§ 14112. Second deputy recorder.

The recorder of deeds may appoint a second deputy recorder of

deeds. A second deputy recorder of deeds shall possess and

discharge all the rights, powers and duties of the principal

deputy recorder of deeds during the principal deputy's necessary

or temporary absence.

§ 14113. Clerks of recorder to administer oaths.

The recorder of deeds may appoint one or more clerks employed

in the recorder's office to administer oaths and affirmations to

all individuals pertaining to the business of the recorder's

office. Oaths and affirmations under this section shall have the

same force and effect as if administered by the recorder or

deputy recorder.

§ 14114. (Reserved).

§ 14115. (Reserved).

§ 14116. (Reserved).

CHAPTER 143

DISTRICT ATTORNEY, ASSISTANTS AND DETECTIVES

Subchapter

A. District Attorney

B. Assistant and Acting District Attorneys, Stenographers

and Clerks

C. County Detectives

SUBCHAPTER A

DISTRICT ATTORNEY

Sec.

14301. District attorney, qualifications, eligibility and

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compensation.

14302. Duties of district attorney and entry of nolle prosequi.

14303. Expenses incurred by district attorney.

14304. Filling of vacancies.

14305. Misconduct of district attorney.

14306. District attorney charged with crime.

14307. Legal resources for district attorney.

14308. Police radio in counties of the third class.

14309. Prosecution by private counsel.

§ 14301. District attorney, qualifications, eligibility and

compensation.

(a) Qualifications.--The district attorney must meet all of

the following qualifications:

(1) Be a resident of the county.

(2) Be at least 25 years of age.

(3) Be a citizen of the United States.

(4) Have been admitted to practice as an attorney before

the Supreme Court of Pennsylvania for at least one year

before taking the oath of office and continually hold an

active law license during the period when the individual is

in office .

(5) Have resided in the county for which the district

attorney is elected or appointed for one year prior to the

election or appointment.

(b) Suspension and disbarment.--The following shall apply:

(1) If a district attorney is disbarred, the office of

the district attorney shall be vacant and shall be filled as

follows:

(i) Except for a county of the first or second

class, as provided under section 14304 (relating to

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filling of vacancies).

(ii) For a county of the second class, as provided

under section 1404 of the act of July 28, 1953 (P.L.723,

No.230), known as the Second Class County Code.

(iii) For a county of the first class, as provided

under section 3 of the act of May 3, 1850 (P.L.654,

No.385), entitled "An act providing for the election of

district attorneys."

(2) Notwithstanding any other law applicable to a class

of county to the contrary, if a district attorney's law

license is suspended, the office of district attorney shall

not be vacant but the district attorney shall be suspended

from the office until the law license of the district

attorney is reinstated or the expiration of the term of the

district attorney, whichever is sooner. The first assistant

district attorney, if willing, qualified and able, shall act

as the district attorney during the time period that the

district attorney's law license is suspended. If the first

assistant district attorney is unwilling, unqualified or

unable to serve, the judges of the court of common pleas

shall appoint a competent person who satisfies the

requirements of this section to act as district attorney.

for a seat in the General Assembly or to any other office under

the laws of this Commonwealth and the Constitution of

Pennsylvania, except an office or commission under 51 Pa.C.S.

(relating to military affairs) in the militia of the

Commonwealth, the Pennsylvania Guard or the Pennsylvania

National Guard, during the district attorney's continuance in

office.

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(d) Counties of the eighth class.--In counties of the eighth

class, the district attorney shall be a full-time position if

any of the following apply:

(1) The county commissioners have, by ordinance, fixed

the services of the district attorney at full time. An

ordinance under this paragraph may not be made between the

first day for the circulation of nominating petitions for the

office of district attorney and January 1 of the subsequent

year.

(2) The president judge of the county court of common

pleas orders that the office of district attorney shall be

full time. Upon motion of the district attorney, the

president judge shall conduct a hearing and shall issue an

order whether the office of district attorney shall be full

time within 180 days of the filing of the motion. The order

may be appealed by the district attorney or the county

commissioners in accordance with the Pennsylvania Rules of

Appellate Procedure. An order under this paragraph shall take

effect 60 days after issuance. An order under this paragraph

directing that the office of district attorney be full time

shall be made if the president judge of the county court of

common pleas finds that two or more of the following factors

are present in the county:

(i) The average caseload of felony, misdemeanor and

juvenile cases for the past five years exceed 200 per

year.

(ii) The average caseload for homicide cases for the

past five years equal or exceed one per year.

(iii) The county has:

(A) a State correctional facility, juvenile

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detention facility, youth development center, youth

forestry camp, other licensed residential facility

serving children and youth or mental health or

intellectual and developmental disability facility or

institution with a population exceeding 250

individuals; or

(B) more than one facility or institution listed

under clause (A) which have an aggregate population

exceeding 250 individuals.

(iv) A major controlled substances transportation

route passes through the county.

(v) The average number of convictions under 75

Pa.C.S. § 3802 (relating to driving under influence of

alcohol or controlled substance) subject to the alcoholic

ignition interlock statutory provision requirements

exceeds 30 per year.

(vi) The county constitutes a single and separate

judicial district.

(e) Change prohibited.--Once the office of district attorney

becomes full time, the office may not be changed.

(f) Compensation.--A full-time district attorney shall be

compensated at $1,000 lower than the compensation paid to a

judge of the court of common pleas in the respective judicial

district.

(g) Limitations.--

(1) In a county in which the office of district attorney

is full time, the district attorney shall devote full time to

the office.

(2) A district attorney may not derive other income as a

result of honorariums, profit shares or divisions of income

20230SB0945PN1111 - 121 -

from a firm with which the district attorney was associated

prior to election of the district attorney. The limitation

under this paragraph may not be construed to preclude payment

of fees earned for legal work done prior to, but not

concluded until after the district attorney is made

full time, or until after being sworn in as a full-time

district attorney, whichever is earlier.

(3) The district attorney may not engage in private

practice and must be completely disassociated with any firm

with which the district attorney was affiliated prior to the

earlier of being made full time or being sworn in as a full-

time district attorney. The district attorney-elect may not

accept any civil or criminal cases after being elected to the

office.

(h) Outside practice.--A part-time district attorney may

have an outside practice and shall be compensated at 40% of the

annual salary payable to a judge of the court of common pleas of

the judicial district of the county.

(i) Full time.--Except as provided in subsection (d) , an

office of district attorney that was part time on January 2,

2012, shall become full time as of that date.

(j) Professional conduct.--

(1) A district attorney shall be subject to the Rules of

Professional Conduct and the canons of ethics as applied to

judges in the courts of common pleas insofar as the canons

apply to salaries, full-time duties and conflicts of

interest.

(2) A complaint by a resident of a county that a full-

time district attorney may be in violation of this section

shall be made to the Disciplinary Board of the Supreme Court

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of Pennsylvania. If any substantive basis is found that a

violation has been committed, the Disciplinary Board of the

Supreme Court of Pennsylvania shall proceed in the manner

prescribed by the rules of the Supreme Court of Pennsylvania

and make a recommendation for disciplinary action as the

Disciplinary Board of the Supreme Court of Pennsylvania deems

advisable. If the Disciplinary Board of the Supreme Court of

Pennsylvania deems the violation so grave as to warrant

removal from office, the prothonotary of the Supreme Court of

Pennsylvania shall transmit its findings to the Speaker of

the House of Representatives for the action as the House of

Representatives deems appropriate under Article VI of the

Constitution of Pennsylvania.

(k) Reimbursement.--The Commonwealth shall annually

reimburse each county with a full-time district attorney an

amount equal to 65% of the district attorney's salary.

§ 14302. Duties of district attorney and entry of nolle

prosequi.

The district attorney shall sign each bill of indictment and

conduct in court each criminal and other prosecution, in the

name of the Commonwealth or, if the Commonwealth is a party,

that arises in the county for which the district attorney is

elected, and perform all the duties which, prior to May 3, 1850,

were performed by deputy attorneys general. The duties conferred

shall be in addition to all other duties given to the district

attorney by other acts.

§ 14303. Expenses incurred by district attorney.

All necessary expenses incurred by the district attorney or

the district attorney's assistants or an officer directed by the

district attorney in the investigation of crime and the

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apprehension and prosecution of persons charged with or

suspected of the commission of crime, upon approval by the

district attorney and the court, shall be paid by the county

from the general funds of the county. If a defendant is

convicted and sentenced to pay the costs of prosecution and

trial, the expenses of the district attorney in connection with

the prosecution shall be considered a part of the costs of the

case and shall be paid by the defendant.

§ 14304. Filling of vacancies.

If a vacancy occurs in the office of district attorney in a

county of the second A, third, fourth, fifth, sixth, seventh or

eighth class, the judges of the court of common pleas shall,

upon a showing that the first assistant district attorney

satisfies the requirements of section 14301 (relating to

d istrict attorney, qualifications, eligibility and

compensation) , appoint the first assistant district attorney to

fill the office of district attorney and discharge the duties of

the district attorney until the first Monday in January

following the next municipal election occurring not less than 90

days after the occurrence of the vacancy. If the first assistant

district attorney is unwilling or unable to serve or does not

satisfy the requirements of section 14301, the judges of the

court of common pleas shall fill the vacancy by the appointment

of a competent individual who satisfies the requirements of

section 14301 to fill the office until the first Monday in

January following the next municipal election occurring not less

than 90 days after the occurrence of the vacancy.

§ 14305. Misconduct of district attorney.

(a) Offense defined.--If a district attorney willfully and

corruptly demands, takes or receives a fee or reward other than

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as prescribed by law for official duties executed by the

district attorney in a criminal proceeding or if the district

attorney commits willful and gross negligence in the execution

of the duties of the office, the district attorney commits a

misdemeanor in office and, upon conviction, shall be sentenced

to pay a fine not exceeding $1,000 and to undergo imprisonment

not exceeding one year.

(a.1) Declaration of vacancy.--If a district attorney is

found guilty under subsection (a), the office of the district

attorney shall be declared vacant.

(b) Notice and probable cause.--

(1) Upon complaint in writing charging a district

attorney with willful and gross negligence in the execution

of the duties of the office, the court shall provide notice

of the complaint to the district attorney and of the time

fixed by the court for a hearing.

(2) A complaint under paragraph (1) shall be:

(i) filed in the court of common pleas of the county

in which the district attorney prosecutes the pleas of

the Commonwealth; and

(ii) verified by oath or affirmation of the person

in whose name the complaint has been filed.

(3) If after the hearing the court finds that there is

probable cause for the complaint, the court shall hand over

or commit the district attorney to answer the complaint in

due course of law. If the court finds that there is no

probable cause for the complaint, the court shall dismiss the

complaint, with reasonable costs to be assessed by the court.

§ 14306. District attorney charged with crime.

If a district attorney is charged with a crime or

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misdemeanor, before or bound over or committed by a court to

answer for willful and gross negligence in the execution of the

duties of the office, the court shall appoint a competent

attorney to prepare an indictment against the district attorney

and to prosecute the district attorney on behalf of the

Commonwealth until final judgment. The attorney shall be paid by

the county for services a reasonable compensation to be fixed by

the court. If the district attorney is convicted of a crime for

which that individual may be sentenced to imprisonment by

separate or solitary confinement at labor, the office shall be

declared vacant by the court.

§ 14307. Legal resources for district attorney.

The county commissioners may purchase, for the use of the

office of the district attorney, out of the funds of the county,

law books and other legal research resources as may be selected

by the district attorney and, in counties of the third, fourth,

fifth, sixth, seventh and eighth classes, as approved by the

president judge of the court.

§ 14308. Police radio in counties of the third class.

The district attorney of a county of the third class may,

with the consent and approval of the county commissioners and at

the expense of the county, purchase and maintain a short wave

police radio receiving and transmitting set and the necessary

accessory equipment, to be installed and used in the office of

the district attorney.

§ 14309. Prosecution by private counsel.

If a district attorney neglects or refuses to prosecute in

due form of law a criminal charge regularly returned to the

district attorney or to the court or if at any stage of the

proceedings the district attorney and the private counsel

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employed by the prosecutor differ as to the manner of conducting

the trial, the prosecutor may present a petition to the court,

specifying the character of the complaint, and verify the

petition by affidavit. If the court is of the opinion that it is

a proper case for a criminal proceeding or prosecution, the

court may direct a private counsel employed by the prosecutor to

conduct the entire proceeding and, if an indictment is

necessary, to verify the indictment by the private counsel's own

signature as fully as the indictment could be done by the

district attorney.

SUBCHAPTER B

ASSISTANT AND ACTING DISTRICT ATTORNEYS,

STENOGRAPHERS AND CLERKS

Sec.

14320. Assistant district attorneys.

14321. Designation, powers and duties of first assistant.

14322. (Reserved).

14323. (Reserved).

14324. Temporary court appointment in counties of the third,

fourth, fifth, sixth, seventh and eighth class.

14325. Indictment and cost clerk in counties of the fourth

class.

14326. Stenographers and clerks.

§ 14320. Assistant district attorneys.

(a) Appointment of assistants.--The district attorney may

appoint assistants who are licensed to practice law in this

Commonwealth to assist in the discharge of the district

attorney's duties. The number of assistants and salary shall be

fixed by the county salary board.

(b) Appointment of temporary assistants in certain

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counties.--In counties of the third, fourth, fifth, sixth,

seventh and eighth class, the district attorney may appoint

temporary assistants who are licensed to practice law in this

Commonwealth to assist in the discharge of duties, as provided

by contract or other personnel agreement with the county or the

district attorney. An attorney at law, including a deputy

Attorney General or an attorney employed by the Commonwealth,

may be appointed under this subsection.

(1) In counties of the third, fourth, fifth, sixth,

seventh and eighth class, an allegation of a violation of

this section must be timely raised prior to the participation

of the prosecutor accused of the violation.

(2) The exclusive remedy for a violation of this section

shall be removal by quo warranto of the prosecutor from the

appointment that is in violation of this section.

(d) Applicability.--Subsections (b) and (c) shall apply to

all cases pending on June 18, 1998, and each case thereafter,

including cases on posttrial or on appeal.

§ 14321. Designation, powers and duties of first assistant.

The following shall apply:

(1) If more than one assistant district attorney is

appointed, the district attorney shall designate one

assistant as the first assistant.

(2) The first assistant or the assistant district

attorney if only one is appointed shall, in the absence of

the district attorney from the jurisdiction or during the

district attorney's inability to perform the duties of the

office through sickness or other cause, be vested with all

the duties, powers and privileges given by law to the

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district attorney and generally shall be empowered to do and

perform all things in connection with the office that the

district attorney is authorized to do or perform.

(3) In case of an incapacity of the district attorney or

the first assistant, or both, a duty, power or privilege may

be exercised by other assistant district attorneys, if any,

as may be designated by the district attorney.

§ 14322. (Reserved).

§ 14323. (Reserved).

§ 14324. Temporary court appointment in counties of the third,

fourth, fifth, sixth, seventh and eighth class.

The court of common pleas of a county of the third, fourth,

fifth, sixth, seventh or eighth class shall temporarily appoint

a district attorney if the district attorney and the assistants

are absent from the court. An individual appointed under this

section shall perform the duties of the office until the regular

district attorney or one of the assistants appears in person to

perform the duties and shall be paid by the county as may be

fixed by the court.

§ 14325. Indictment and cost clerk in counties of the fourth

class.

The district attorney of a county of the fourth class, in

addition to other assistants authorized in this subchapter, may

appoint an assistant who is licensed to practice law in this

Commonwealth as an indictment and cost clerk to assist the

district attorney in the discharge of the district attorney's

duties.

§ 14326. Stenographers and clerks.

The salary board in a county may provide for the appointment

by the district attorney of clerks and stenographers in the

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district attorney's office as may be deemed necessary for the

proper dispatch of business.

SUBCHAPTER C

COUNTY DETECTIVES

Sec.

14340. Appointment, duties and compensation of county

detectives.

14341. Appointment of special detective with approval of court.

§ 14340. Appointment, duties and compensation of county

detectives.

(a) Counties of second class A, third and fourth class.--

(1) In counties of the second class A, the district

attorney may appoint one chief county detective, an assistant

chief county detective and as many county detectives,

sergeants, special county detectives and junior county

detectives as the county salary board shall fix.

(2) In counties of the third and fourth classes, the

district attorney may appoint one chief county detective, one

assistant county detective and other county detectives as the

county salary board may authorize.

(b) Counties of fifth, sixth, seventh and eighth class.--In

counties of the fifth, sixth, seventh and eighth class, the

district attorney may appoint one chief county detective and

other county detectives as the county salary board may

authorize.

the district attorney and shall:

(1) Investigate and make reports to the district

attorney as to the conduct in office of magistrates,

constables, deputy constables and other officers connected

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with the administration of criminal law.

(2) Make investigations and endeavor to obtain evidence

required by the district attorney in criminal cases.

(3) Perform other duties as the district attorney may

direct.

(d) Powers.--

(1) County detectives shall be general police officers

and shall have the powers conferred on constables by the laws

of this Commonwealth relating to criminal law and procedures.

(2) In counties of the second class A, county detectives

shall serve subpoenas in cases in which the Commonwealth is a

party in a court of record.

(e) Fees and compensation.--

(1) In counties of the second class A, county detectives

of every grade and rank may not be entitled to receive fees

but shall receive a salary as fixed by the county salary

board and necessary traveling expenses. Upon verification by

affidavit of a detective and approval by the district

attorney, the salary and expenses of the detective shall be

paid out of the treasury of the county on a certificate

issued by the district attorney directed to the controller of

the county, who shall order warrants for the amounts

according to law.

(2) In counties of the third, fourth, fifth, sixth,

seventh and eighth class, county detectives of every grade

and rank, in addition to an annual salary, shall be allowed

all expenses actually and necessarily incurred in the

performance of the duties. The salaries and expenses shall be

paid by the county as provided by law. County detectives

shall not be entitled to fees.

20230SB0945PN1111 - 131 -

§ 14341. Appointment of special detective with approval of

court.

If the court of common pleas and district attorney deem it

necessary for a particular and temporary assignment, the

district attorney of a county, with the approval of the county

salary board, may appoint a special detective, whose duty it

shall be to assist in obtaining evidence as directed by the

district attorney for the Commonwealth and to perform other

duties as the court may direct. The special detective shall be:

(1) Allowed expenses necessarily and actually incurred

in the performance of duties.

(2) A general police officer and have all the powers

that are conferred on constables under the existing laws of

this Commonwealth relating to crimes or criminal procedure.

CHAPTER 145

SALARIES OF COUNTY OFFICERS

Sec.

14501. Salaries of county officers.

14502. Insurance and other employee benefits.

§ 14501. Salaries of county officers.

(a) Amount.--Except as otherwise provided under this part or

other applicable law, salary and changes in salary of county

officers shall be set in accordance with the act of November 1,

1971 (P.L.495, No.113), entitled "An act providing for the

compensation of county officers in counties of the second

through eighth classes, for compensation of district attorneys

in cities and counties of the first class, for compensation of

district election officers in all counties, for the disposition

of fees, for filing of bonds in certain cases and for duties of

certain officers."

20230SB0945PN1111 - 132 -

(b) Construction.--Nothing in this part shall be construed

as affecting the salaries of county officers existing as of the

effective date of this section.

§ 14502. Insurance and other employee benefits.

In addition to other authorized compensation, county

commissioners and other county officers and their dependents

shall be eligible for inclusion in group life, health,

hospitalization, medical service and accident insurance plans or

other employee benefits, or payments made in lieu of the

benefits, paid in whole or in part by the county, if the plans,

benefits or payments are offered generally to employees of the

county.

CHAPTER 147

FEES OF SALARIED COUNTY OFFICERS AND SALARY BOARDS

Subchapter

A. Fees of Salaried County Officers

B. Salary Boards

C. (Reserved)

SUBCHAPTER A

FEES OF SALARIED COUNTY OFFICERS

Sec.

14701. Fees belonging to county.

14702. System of accounts and fees paid to county treasurer.

14703. Penalty for receiving gratuities or percentages.

14704. False swearing to county accounts, bills or transcripts.

14705. Officers to be paid salaries.

14706. (Reserved).

14707. Monthly returns.

14708. Payment of certain officers.

14709. Salaries in lieu of fees.

20230SB0945PN1111 - 133 -

14710. Rights of action and remedies for collection of fees.

§ 14701. Fees belonging to county.

(a) General rule.--Except as provided under law, fees that

an elected or appointed county officer is legally authorized,

required or entitled to charge or receive belong to the county.

(b) Collection and receipt.--Each county officer shall

exact, collect and receive all fees to and for the use of the

county, except taxes and fees as are levied by the Commonwealth,

which shall be to and for the use of the Commonwealth.

official services for any purpose except for the use of the

county or the Commonwealth.

§ 14702. System of accounts and fees paid to county treasurer.

(a) System of accounts.--Each county officer receiving fees

shall keep a system of accounts, the form of which shall be

prescribed by the controller, or, if that office does not exist,

by the county auditors, on which entry shall be made of all the

money received for fees and of all money earned and chargeable

upon the county, specifying the day and date, the title of the

case, if applicable, for what service and from whom received.

(b) Duties of officer.--At the times designated by

resolution of the county commissioners but not later than the

10th day of each month, each officer shall:

(1) Pay to the county treasurer all fees received for

each designated period. Duplicate receipts shall be taken,

one of which the treasurer shall deposit with the county

controller or the chief clerk if the office of controller

does not exist.

(2) Deposit with the county controller, or in counties

without a controller, with the county auditors a transcript,

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in detail, of the officer's system of accounts for the

preceding month. The officer shall make oath or affirmation

before the county controller or the county auditors if the

office of controller does not exist that the transcript

contains a true and correct list of all the fees received,

earned or chargeable upon the county for services rendered in

the office, either by the officer, deputies or clerks, during

the preceding month that the fees were severally charged and

collected at regular rates and that the officer has not

received and is not to receive, for any official services or

duty, any other fees than those entered on the transcript.

county controller, or the county auditors in counties without a

controller, shall receive, audit and verify the returns for the

preceding month and charge the county treasurer with the money

for fees paid in.

(d) Fees for another office.--If fees are paid to an office

for services rendered or to be rendered by another office, the

officer receiving the fees shall specify the fees on the account

book and on the transcript reflecting the office to which the

fees are due.

§ 14703. Penalty for receiving gratuities or percentages.

(a) Prohibited conduct.--An officer under this subchapter

may not:

(1) Receive or stipulate to receive, from a deputy,

clerk or any person awarded a contract, money as percentage

on the salaries of the deputy or clerk or on the amounts or

profits of the contract or money as compensation for making

the appointment or contract.

(2) Neglect to render the accounts or to pay over the

20230SB0945PN1111 - 135 -

money received for fees as required by this subchapter.

(3) Willfully neglect to make proper entry in the book

required to be kept.

(4) Willfully neglect to charge the fees allowed by law

for any official services.

(5) Take any fees for the officer's own use.

(6) Fail to comply with any of the provisions of this

subchapter.

(7) Neglect to discharge any of the duties imposed on

the office.

(b) Penalty.--A violation of subsection (a) shall be deemed

a misdemeanor in office, and, in addition to other applicable

penalties, the officer shall, upon conviction, refund the money

unlawfully received and shall be deemed incapable of holding the

office.

§ 14704. False swearing to county accounts, bills or

transcripts.

(a) Perjury.--A county officer under this subchapter or

another individual who willfully swears or affirms falsely as to

the accuracy of an account, transcript or bill required in this

subchapter or in making an affidavit in reference to the

account, transcript or bill, commits perjury and, upon

conviction, shall be liable to the punishment prescribed by law

for perjury.

(b) Subornation of perjury.--An individual who procures

another individual to swear or affirm falsely in verifying any

account, transcript or bill, or in making an affidavit in

reference to the account, transcript or bill, commits

subornation of perjury and, upon conviction, shall be liable to

the punishment prescribed by law for that offense.

20230SB0945PN1111 - 136 -

§ 14705. Officers to be paid salaries.

Each county officer and their deputies and clerks shall be

paid for services rendered by fixed and specific salaries as

follows:

(1) The salaries of each officer, deputy and clerk shall

be paid out of the treasury of the county which the officer,

deputy or clerk serve to the extent that the fees collected

and paid in by each officer respectively or earned if fees

are chargeable upon the county treasury, except as provided

in section 14708 (relating to payment of certain officers).

(2) The salaries shall be paid weekly, biweekly,

semimonthly or monthly during the month in which the services

were rendered, at the discretion of the county commissioners.

(3) A voucher check or warrant may not be drawn for the

payment of an officer, deputy or clerk who has not filed the

receipt and transcript for the month as provided under this

subchapter.

§ 14706. (Reserved).

§ 14707. Monthly returns.

(a) Separate returns and payment.--Each county officer shall

make a separate return to the Department of Revenue of all taxes

or fees collected or earned for the Commonwealth by the officer,

if any, at the same time that monthly returns are made under

section 14702 (relating to system of accounts and fees paid to

county treasurer). The taxes, fees and other amounts due to the

Commonwealth shall be paid over as required, but not more often

than monthly, unless specifically provided by law or regulation.

(b) Commissions.--All commissions on the collection of taxes

and fees for the Commonwealth shall be deemed and taken as part

of the regular fees of the county officer collecting and shall

20230SB0945PN1111 - 137 -

be accounted for accordingly.

the reporting and payment of any taxes or fees and to the

treatment of commissions as are not otherwise provided for by

law.

§ 14708. Payment of certain officers.

The following shall apply:

(1) The following individuals shall be paid weekly,

biweekly, semimonthly or monthly, at the discretion of the

county commissioners:

(i) The county solicitor.

(ii) County prison warden.

(iii) County commissioners.

(iv) County controller.

(v) County surveyor or engineer.

(vi) County detectives.

(vii) County treasurer.

(viii) Interpreter of courts.

(ix) District attorney and assistants of the

district attorney.

(x) In counties of the sixth, seventh and eighth

class, all county officers for whom a salary is fixed by

law and the deputies, clerks and employees of their

respective offices.

(2) The county officers listed under paragraph (1) shall

be paid the full amount allowed under law, but all fees and

emoluments that may accrue by virtue of an office shall be

paid by the officer or employee to the county treasurer as

directed by law, and all other officers shall be paid the

amounts assigned in accordance with this subchapter.

20230SB0945PN1111 - 138 -

§ 14709. Salaries in lieu of fees.

Except to the extent this section may be inconsistent with

any other express provision of this part, the salaries fixed and

provided by law for county officers shall be in lieu of money,

fees, perquisites or mileage expenses and other allowances

received or allowed to any officer. All money, fees, perquisites

or mileage expenses and other allowances, not governed by the

exceptions, shall belong to the county and shall be paid into

the county treasury, except if required to be paid to the

Commonwealth in the manner provided by this subchapter for fees.

§ 14710. Rights of action and remedies for collection of fees.

All rights of action and all other remedies granted or

extended to a salaried county officer under this subchapter for

the collection of the officer's respective fees are extended and

shall inure to the benefit of counties for the collection of all

fees and costs that may accrue to counties under the provisions

of this subchapter.

SUBCHAPTER B

SALARY BOARDS

Sec.

14720. Salaries and compensation.

14721. Fees.

14722. Salary boards.

14723. Number and compensation of officers, deputies,

assistants, clerks and employees and revisions of

salary schedules.

14724. (Reserved).

14725. Procedure and action of salary board.

§ 14720. Salaries and compensation.

The salaries and compensation of county officers shall be as

20230SB0945PN1111 - 139 -

provided under law. The salaries and compensation of all

appointed officers and employees who are paid from the county

treasury shall be fixed by the salary board established under

section 14722 (relating to salary boards). The board of county

commissioners shall have the sole power and responsibility to

represent judges of the court of common pleas in proceedings

before the Pennsylvania Labor Relations Board or collective

bargaining negotiations involving employees paid from the county

treasury, the county and all elected or appointed county

officers having employment powers over the affected employees.

The powers authorized by the county commissioners under this

section shall not affect the hiring, discharging and supervising

rights and obligations with respect to employees as may be

vested in the judges or other county officers.

§ 14721. Fees.

(a) General rule.--A county officer shall charge and collect

the fees, mileage and emoluments of the office for the officer's

own use or for the use of the county, as provided by law.

(b) Payment of fees.--Fees, mileage and emoluments shall be

paid to the county treasurer.

be paid on or before the 10th day of each month unless otherwise

required.

§ 14722. Salary boards.

A salary board is created in each county. The following

apply:

(1) The salary board shall consist of the three

individual members of the county commissioners and:

(i) the county controller; or

(ii) for counties without a controller, the county

20230SB0945PN1111 - 140 -

treasurer.

(2) The chairperson of the county commissioners shall be

chairperson of the salary board.

(3) The county controller or county treasurer, as the

case may be, shall be secretary of the board.

(4) The salary board shall meet and organize on the

first Monday of January of each year.

§ 14723. Number and compensation of officers, deputies,

assistants, clerks and employees and revisions of

salary schedules.

(a) Setting numbers and compensation.--The following apply:

(1) At each annual meeting, the salary board, subject to

limitations imposed by law, shall fix the compensation of

each appointed county officer and the number and compensation

of the following who are paid from the county treasury:

(i) all deputies, assistants, clerks and other

individuals whose compensation is paid out of the county

treasury, except employees of county officers who are

paid by fees and not by salary;

(ii) all court criers, tipstaves and other court

employees; and

(iii) all officers, clerks, stenographers and

employees appointed by the judges of a court.

(2) Between annual salary board meetings as required by

a judge, county officer or executive head of a separate

board, commission or division whose deputies', assistants',

clerks' and employees' numbers or compensation is sought to

be fixed, the board shall meet and consider and shall fix and

determine the numbers and compensation.

(3) All salaries fixed under this part shall be paid out

20230SB0945PN1111 - 141 -

of the county treasury in the manner provided by law.

(b) Effect of section.--

(1) Upon action by the salary board under subsection

(a), the number and compensation of all the officers,

deputies, assistants, clerks and individuals are repealed.

(2) If a salary board fails to fix the number or

compensation of an officer, deputy, assistant, clerk or other

employee as required under this section, the number and

compensation shall continue, as fixed by or in accordance

with law with the same effect as though the number and

compensation had been fixed by the salary board, but the

salary board may fix any number or compensation at a later

time and with similar effect.

§ 14724. (Reserved).

§ 14725. Procedure and action of salary board.

(a) Attendance by officer or executive head.--Except as

otherwise provided in this part, when the salary board considers

the number or salaries of the deputies or other employees of a

county office or agency, the officer or the executive head of

the agency shall sit as a member of the board until the matter

affecting the office or agency is resolved.

(b) Attendance by president judge.--When the board considers

the number or salaries of court employees, the president judge

of the court shall sit as a member of the board until the matter

affecting the court criers, tipstaves or employees of the court

is resolved.

(1) When the board considers the number or salaries of

the officers or employees appointed by a judge of a court,

the judge shall sit as a member of the board until the matter

20230SB0945PN1111 - 142 -

affecting the judge's appointees is resolved.

(2) Notwithstanding any law to the contrary, in counties

of the second class A, when the board considers the number or

salaries of the employees of the prison board, the president

judge of the court of common pleas shall sit as a member of

the board, and the board shall fix the number and salaries of

the employees.

(d) Majority decision and minute book.--The following apply:

(1) The decision of a majority of members of the salary

board shall govern.

(2) Each salary board shall keep a correct minute book

of the board's proceedings in all cases heard and determined.

The minute book shall be a public record.

SUBCHAPTER C

(Reserved)

CHAPTER 149

FISCAL AFFAIRS

Subchapter

A. Fiscal Policy and Systems

B. Accounts, Audits and Reports by Controller or Auditors

C. Disbursals of County Money

D. County Treasury and County Depositories

E. County Taxation, Borrowing and Transfer of Funds

F. Budgets

G. Sinking Fund Commission

SUBCHAPTER A

FISCAL POLICY AND SYSTEMS

Sec.

14901. Functions of county commissioners.

14901.1. Billing and collection of third, fourth, fifth, sixth,

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seventh and eighth class county taxes.

14901.2. Collection of tax on real property from rent paid to

owner in county of the second class A.

14902. Functions of controller.

14903. Accounts of officers.

14904. Custody of documents.

14905. Financial records.

14906. Investment of money.

§ 14901. Functions of county commissioners.

The county commissioners shall be the responsible managers

and administrators of the fiscal affairs of their respective

county in accordance with this part and other applicable law.

§ 14901.1. Billing and collection of third, fourth, fifth,

sixth, seventh and eighth class county taxes.

(a) County institution district taxes.--The county

commissioners of each county of the third, fourth, fifth, sixth,

seventh and eighth class may, by resolution, provide for the

billing and collecting of all county and county institution

district taxes levied within a third class city and may, in the

resolution, vest the county treasurer with the duties and

responsibilities of billing and collecting all the taxes. The

resolution shall be adopted by the county, and the city

treasurer shall be notified of adoption of the resolution no

later than the first day for the circulation of nomination

petitions for the office of tax collector within the county and

shall take effect upon the first day of the next succeeding term

of office of tax collector following adoption of the resolution.

(b) County taxes.--The county commissioners of each county

of the third, fourth, fifth, sixth, seventh and eighth class

may, by resolution, provide for the billing and collection of

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all county taxes in municipalities existing or organized under

53 Pa.C.S. Pt. III Subpt. E (relating to home rule and optional

plan government) or under the former act of April 13, 1972

(P.L.184, No.62), known as the Home Rule Charter and Optional

Plans Law, that have eliminated the elective office of tax

collector, by the authorities empowered to levy those taxes, and

by resolution, vest in the county treasurer the duties and

responsibilities of billing and collecting county taxes in those

municipalities.

contrary, if, as a result of a vacancy in the office of elected

tax collector in a municipality within a county of the third,

fourth, fifth, sixth, seventh or eighth class, an employee or

paid official of the municipality is appointed or directed by

the governing body of the municipality to assume the duties of

tax collector, the county commissioners may, by resolution,

provide, until a successor tax collector is elected in

accordance with law, for the following:

(1) the county treasurer to have the duties and

responsibilities of billing and collecting all county and

county institution district taxes levied within the

municipality;

(2) payment to the municipality, rather than the

employee or paid official appointed or directed by the

governing body of the municipality to assume the duties of

tax collector, the compensation that otherwise would be

attributable to the billing and collecting of county and

county institution district taxes levied within the

municipality; or

(3) an agreement with the tax collector in an adjoining

20230SB0945PN1111 - 145 -

or conveniently located municipality to assume the duties of

the tax collector and receive the compensation that otherwise

would be attributable to the billing and collecting of county

and county institution district taxes levied within the

municipality.

(d) Duties passing to county treasurer.--Notwithstanding any

law to the contrary, if, as a result of a vacancy in the office

of elected tax collector in a municipality, the county treasurer

is appointed or directed by the county commissioners to bill and

collect all county and county institution district taxes within

the municipality, the governing body of the municipality and the

county commissioners may, by agreement, provide that the county

treasurer shall have the duties and responsibilities of billing

and collecting all taxes levied by the municipality in

accordance with section 4.4 of the act of May 25, 1945

(P.L.1050, No.394), known as the Local Tax Collection Law.

(e) Appointment of other employees.--The county

commissioners may appoint other employees as may be necessary to

carry out the provisions of this section.

(f) Compensation.--

(1) Except as otherwise provided in the Local Tax

Collection Law, the compensation of personnel and other

expenses of billing and collecting county and county

institution district taxes under this section shall be paid

out of the general fund in the county treasury.

(2) Except for the county treasurer, the compensation

and number of employees shall be governed by Chapter 147

(relating to fees of salaried county officers and salary

boards).

(3) If the county treasurer is designated as the

20230SB0945PN1111 - 146 -

collector of the county and county institution district

taxes, the county treasurer may not receive added

compensation for performing these functions.

(g) Treasurer.--The county treasurer shall be governed by

the Local Tax Collection Law.

§ 14901.2. Collection of tax on real property from rent paid to

owner in county of the second class A.

(a) Rental income.--If the owner of residential or

commercial real property that is located in a county of the

second class A and subject to a claim owed to the county under

the act of May 16, 1923 (P.L.207, No.153), referred to as the

Municipal Claim and Tax Lien Law, derives any rental income from

the property, the county treasurer shall notify the property

owner in writing of the property owner's duty to remit the

rental income to the office of the county treasurer. The rent

remitted shall be applied to the amount of tax owed to the

county, with any interest or penalties due, until the claim is

paid in full.

(b) Notice.--The notice under subsection (a) shall include

the amount of the claim on the property, including interest and

penalties, and each date the rental income is to be remitted.

If, after 15 days of the date or dates specified in the notice,

the property owner fails to remit the rental income, the county

may immediately begin the judicial sale process under the

Municipal Claim and Tax Lien Law.

§ 14902. Functions of controller.

(a) Duties.--

(1) Subject to the power and duty of the county

commissioners to manage and administer the fiscal affairs of

the county, the controller shall supervise the fiscal affairs

20230SB0945PN1111 - 147 -

of the county, including the related accounts and official

acts of all officers or other persons who shall collect,

receive, hold or disburse or be charged with the management

or custody of the public assets of the county. The

discretionary powers of the controller shall be applicable to

matters or official acts involving the accounts and

transactions of officers or other persons of the county,

including those indicated in section 14905 (relating to

financial records). The discretionary policies of the

controller shall not be applicable to the establishment and

adoption of the fiscal policies of the county commissioners.

(2) The following shall apply:

(i) The controller may only refuse to authorize any

fiscal transaction which is, by law, subject to the

controller's supervision or control where it appears that

the transaction is not authorized by law, or has not been

undertaken according to law, or has not received approval

according to law, or as to which the controller desires

upon reasonable grounds to investigate for or has already

discovered any fraud, flagrant abuse of public office or

any criminal act or neglect of any officer or other

person of the county relating to their public accounts

and transactions.

(ii) The controller may at any time require from any

officer or other person, in writing, an account of all

assets which may have come into the officer's or person's

control.

(iii) Immediately on the discovery of any default or

delinquency, the controller shall report the discovery to

the county commissioners and the district attorney of the

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county for prosecution as may be warranted and shall take

immediate measures to secure the public assets.

(b) Report of audit.--Under subsection (a), the county

commissioners, for the purpose of meeting Federal or State

requirements, may issue a request for proposals for and contract

with an independent certified public accountant or employ a

public accountant for the purpose of preparing or conducting a

report or audit of the fiscal affairs of the county, independent

of or in addition to, the audit conducted by the county

controller or auditors. The controller shall be afforded an

opportunity to comment on the request for proposals prior to

issuance and the contract prior to execution. The contracts

shall supplement, but not replace, the official acts and audits

of the controller.

§ 14903. Accounts of officers.

(a) Furnishing information.--If requested by the county

commissioners, the controller shall furnish a detailed account

of an officer or other individual having in that individual's

possession or under that individual's control money belonging to

the county, and shall, during regular office hours, give

information regarding the accounts to a taxpayer of the county

demanding the information .

(b) Information regarding financial institutions.--

(1) The controller shall have the power and authority to

require each and every county officer to make a quarterly

statement with respect to money in the officer's possession

or control as a county officer, showing the amount of cash on

hand and the amount deposited in banks, banking institutions

and trust companies, together with the names of the

institutions.

20230SB0945PN1111 - 149 -

(2) The controller shall have power to examine every

account under paragraph (1) of each and every county officer

in any bank, banking institution or trust company to verify

the accuracy of the statement of the county officer.

(3) Each bank, banking institution or trust company, its

officers and agents shall furnish full information to the

controller in relation to the account of the county officer.

(4) No bank, banking institution or trust company, its

officers or agents shall be subject to prosecution under

other laws of this Commonwealth for disclosing any

information under paragraph (3) with respect to an account of

a county officer.

§ 14904. Custody of documents.

The controller shall have custody of and retain in original

or other acceptable form, as provided in the most recent edition

of the County Records Manual issued for the County Records

Committee by the Pennsylvania Historical and Museum Commission,

all title deeds to real estate owned by the county, all executed

contracts entered into by or on behalf of the county, all

records relating to the county's financial affairs and all bonds

and other obligations issued by the county, when paid. The bonds

and other obligations shall be monitored by the controller, a

ledger of which shall be maintained by the controller in a book

or an electronic file dedicated for that purpose and retained

according to the most recent edition of the County Records

Manual.

§ 14905. Financial records.

The following shall apply:

(1) The controller shall maintain a full and regular set

of financial records, including the general ledger, in

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electronic form or otherwise, which support financial

statements in accordance with generally accepted accounting

principles of all the fiscal operations of the county,

embracing as many accounts, under appropriate titles, to:

(i) meet Federal and State reporting requirements;

and

(ii) show distinctly and separately the following

classified by reference to the subject matter:

(A) property of the county;

(B) the county's revenue and expenditures;

officers or others;

(D) the amount raised from each source of

revenue; and

(E) expenditures in detail.

(2) The controller shall select and administer the form

and manner of maintaining the official financial records in

connection with the fiscal affairs of the county .

(3) If the controller prescribes a change in the form

and manner of maintaining the official financial records , any

costs necessary for implementation shall be subject to the

approval of the county commissioners.

(4) In counties without a controller, the requirements

of this section shall be fulfilled by the office of the

county commissioners.

§ 14906. Investment of money.

(a) Investment standards.--

(1) Subject to subsection (b)(1) and any conditions and

limitations in this chapter, in counties of the second class

A, the county treasurer shall have the power to invest and

20230SB0945PN1111 - 151 -

reinvest the money of the general fund and special funds as

have accumulated beyond the ordinary needs of the various

funds, and which are not authorized by law to be invested by

any board, commission or county officer, consistent with

sound business practice, subject, however, to the exercise of

that degree of judgment, skill and care under the

circumstances then prevailing which persons of prudence,

discretion and intelligence, who are familiar with the

matters, exercise in the management of their own affairs not

in regard to speculation, but in regard to the permanent

disposition of the funds, considering the probable income to

be derived therefrom as well as the probable safety of their

capital.

(2) In counties of the third, fourth, fifth, sixth,

seventh or eighth class, the county commissioners or any

individual other than a county commissioner who serves in an

elective county office, shall invest money not otherwise

required by law to be invested that the individual's office

is required to collect, administer or disburse, consistent

with sound business practice, subject, however, to the

exercise of that degree of judgment, skill and care under the

circumstances then prevailing which persons of prudence,

discretion and intelligence, who are familiar with such

matters, exercise in the management of their own affairs not

in regard to speculation, but in regard to the permanent

disposition of the funds, considering the probable income to

be derived therefrom as well as the probable safety of their

capital.

(b) Investment board and investment program.--

(1) In counties of the second class A, a board of

20230SB0945PN1111 - 152 -

investment is created. The board shall be composed of the

treasurer, who shall chair the board, the chairperson of the

county commissioners and the controller. The board shall

provide for an investment program, including temporary

investments, subject to restrictions contained in this part

and in any other applicable statute and any rules and

regulations adopted by the board. County boards, commissions

or other county officers authorized to make investments under

subsection (a)(1) shall make investments in conformity with

the board's investment program.

(2) In counties of the third, fourth, fifth, sixth,

seventh or eighth class, the county commissioners shall

provide for an investment program, including temporary

investments, subject to restrictions contained in this act

and in any other applicable statute and any rules and

regulations adopted by the county commissioners. Other

elective officials authorized to make investments under

subsection (a)(2) shall make investments in conformity with

the investment program required under this paragraph.

Authorized types of investments or financial products for money,

in addition to those authorized under the act of July 25, 1973

(P.L.217, No.53), entitled "An act authorizing cities of the

first class and second class to invest all funds received and

deposited with the city treasurer in certain commercial paper

under certain terms and conditions; and providing for investment

of public corporation or municipal authority funds," shall be:

(1) Obligations of:

(i) the United States or any of its agencies or

instrumentalities backed by the full faith and credit of

20230SB0945PN1111 - 153 -

the United States, including United States Treasury

bills;

(ii) the Commonwealth or any of its agencies or

instrumentalities backed by the full faith and credit of

the Commonwealth; or

(iii) a political subdivision of the Commonwealth or

any of its agencies or instrumentalities backed by the

full faith and credit of the political subdivision.

(2) Deposits in savings accounts or time deposits, other

than certificates of deposit, or share accounts of

institutions insured by the Federal Deposit Insurance

Corporation or the National Credit Union Share Insurance Fund

to the extent that the accounts are insured, and, for any

amounts above the insured maximum, if approved collateral as

provided by law is pledged by the depository. Deposits under

this paragraph shall be differentiated from savings or demand

deposits as authorized by the act of July 25, 1973 (P.L.217,

No.53).

(3) Shares of an investment company registered under the

Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §

80a-1 et seq.), whose shares are registered under the

Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et

seq.), if the only investments of the company are in the

authorized investments for county money in paragraphs (1) and

(2) and:

(i) The investment company is managed in accordance

with 17 CFR 270.2a-7 (relating to money market funds).

(ii) The investment company is rated in the highest

category by a nationally recognized rating agency.

(4) Certificates of deposit purchased from institutions

20230SB0945PN1111 - 154 -

insured by the Federal Deposit Insurance Corporation or the

National Credit Union Share Insurance Fund to the extent that

the accounts are insured, and, for any amounts above the

insured maximum, if approved collateral as provided by law is

pledged by the depository. In addition to the

collateralization requirements, the following limitations

shall apply:

(i) Certificates of deposit purchased from

commercial banks shall be limited to an amount equal to

20% of a bank's total capital and surplus.

(ii) Certificates of deposit purchased from savings

and loan associations or savings banks shall be limited

to an amount equal to 20% of an institution's assets

minus liabilities.

(5) An investment authorized under 20 Pa.C.S. Ch. 73

(relating to municipalities investments), which shall be an

authorized investment for a pension or retirement fund.

(d) Limitation on certain officials.--Officials, as

authorized in subsection (a)(1) or (2), may not have invested in

negotiable certificates of deposit, bankers' acceptances or

commercial paper, respectively, as authorized by the act of July

25, 1973 (P.L.217, No.53), more than an aggregate of the total

sum as the investment policy of the board of investment or the

county commissioners has prescribed.

(e) Authority of officials making investments of county

money.--Officials making investments of county money, as

authorized in subsection (a)(1) or (2), may:

(1) Permit assets pledged as collateral under subsection

(c)(2) to be pooled in accordance with the act of August 6,

1971 (P.L.281, No.72), entitled "An act standardizing the

20230SB0945PN1111 - 155 -

procedures for pledges of assets to secure deposits of public

funds with banking institutions pursuant to other laws;

establishing a standard rule for the types, amounts and

valuations of assets eligible to be used as collateral for

deposits of public funds; permitting assets to be pledged

against deposits on a pooled basis; and authorizing the

appointment of custodians to act as pledgees of assets,"

relating to pledges of assets to secure deposits of public

money.

(2) Combine money from more than one fund under county

control for the purchase of a single investment, if each of

the funds combined are accounted for separately in all

respects and that the earnings from the investment are

separately and individually computed and recorded and

credited to the accounts from which the investment was

purchased.

(3) Join with one or more other political subdivisions

and municipal authorities in accordance with 53 Pa.C.S. Ch.

23 Subch. A (relating to intergovernmental cooperation) in

the purchase of a single investment, if the requirements of

paragraph (2) on separate accounting of individual funds and

separate computation, recording and crediting of the earnings

from the funds are adhered to.

(4) Join with the Commonwealth, political subdivision or

redevelopment authority in the purchase of real estate for

the purposes of community and economic development.

(5) Grant money to the Commonwealth, political

subdivision or redevelopment authority for the purposes of

supporting community and economic development projects.

(f) Income earned.--All income earned on an investment shall

20230SB0945PN1111 - 156 -

inure to the benefit of the county and shall be placed in the

county general fund except as otherwise directed by the county

commissioners or restricted by law.

SUBCHAPTER B

ACCOUNTS, AUDITS AND REPORTS

BY CONTROLLER OR AUDITORS

Sec.

14920. Settlement of accounts, report to common pleas,

publications and financial report.

14920.1. Audit of additional accounts.

14921. (Reserved).

14922. (Reserved).

14922.1. (Reserved).

14923. (Reserved).

14924. (Reserved).

14924.1. Audit of insurance and escrow accounts.

14925. Power of subpoena and attachment.

14926. Power to administer oaths.

14927. Refusal to obey subpoena or submit to examination.

14928. Witness fees.

14929. Settlement of accounts on extraneous proof.

14930. Filing reports.

14931. Appeals from reports.

14932. Form of issue on appeals.

14933. Allowance of attorney fees.

14934. (Reserved).

14935. (Reserved).

14936. (Reserved).

14937. (Reserved).

14938. (Reserved).

20230SB0945PN1111 - 157 -

14939. (Reserved).

§ 14920. Settlement of accounts, report to common pleas,

publications and financial report.

(a) Reports and audit, settlement and adjustment of

accounts.--

(1) At the end of each fiscal year, the controller or

auditors, as the case may be, shall complete the audit,

settlement and adjustment of the accounts of all county

officers.

(2) The controller or auditors shall make a report,

verified by oath or affirmation, to the county court of

common pleas annually before July 1, except if the court

grants an extension of time upon due cause shown, of all

receipts and expenditures of the county for the preceding

year, in detail and classified by reference to the object

thereof, together with a full statement of the financial

conditions of the county.

(b) Notice, public inspection and costs.--

(1) Within 10 days after making a report to the court of

common pleas, notice that the report is available for public

inspection shall be published one time in at least one

newspaper of general circulation in the county as the

controller or auditors may direct and shall be posted on the

official publicly accessible Internet website of the county,

but the aggregate cost of newspaper publication may not

exceed $1,500 in any one year in a county, to be paid for out

of the county treasury.

(2) The entire report, which shall include a concise

summary, shall be available for public inspection in the

office of the controller or auditors during regular business

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hours and on the official publicly accessible Internet

website of the county.

(3) The report may also be published in printed

pamphlets at the cost of the county. The number and cost of

the pamphlets shall be determined by the controller or

auditors and the county commissioners with consideration of

current budget allocations.

Development.--The county controller shall, on or before the date

required by section 123 of the act of July 10, 1987 (P.L.246,

No.47), known as the Municipalities Financial Recovery Act, or

July 1, whichever occurs first, make an annual report to the

Department of Community and Economic Development of the

financial condition of the county, on forms furnished by the

Secretary of Community and Economic Development.

(d) Penalty.--A controller or auditor refusing or neglecting

to file a report with the Department of Community and Economic

Development as required by this section commits a summary

offense and, upon conviction in a proceeding brought at the

instance of the department, shall be sentenced to pay a fine of

$5 for each day's delay beyond July 1 and costs. All fines

recovered shall be for the use of the Commonwealth.

§ 14920.1. Audit of additional accounts.

(a) Specific accounts.--The county controller or county

auditors shall audit, settle and adjust the accounts of:

(1) Each parole and probation officer appointed by a

court under law who receives money paid under an order,

sentence or judgment of a court and report the results of the

audits to the court which appointed the officer.

(2) Money appropriated by the county to units of the

20230SB0945PN1111 - 159 -

Pennsylvania National Guard.

(3) Each magistrate or district justice within the

county and report the results of the audits to the county

commissioners, the Auditor General and the governing body of

each political subdivision that is entitled or has a right to

receive money collected by the magistrate or district

justice.

(4) The treasurer of the county, along with each officer

of the county receiving money for the use of the

Commonwealth, as may be referred to them by the Auditor

General or the Department of Revenue, with the State Treasury

and make a separate report to the court of common pleas,

together with a statement of the balances due from or to the

treasurer or other officer. A certified copy of the report

shall be transmitted to the Auditor General or the Department

of Revenue, as the case may be, within 10 days after the

report is prepared.

(5) Other county funds as may be prescribed by law for

the controller or county auditors to audit, settle and

adjust.

(b) Taxes, penalties, fines and costs.--All taxes,

penalties, fines and costs collected by the county treasurer and

belonging to a taxing district shall be entered and carried in

the records of the county in the same manner as county money and

shall be audited in a similar manner. When the taxes, penalties,

fines or costs are paid to the taxing district entitled to them,

as provided by law, payments shall be made on voucher checks in

the same manner as payments are made of county money.

§ 14921. (Reserved).

§ 14922. (Reserved).

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§ 14922.1. (Reserved).

§ 14923. (Reserved).

§ 14924. (Reserved).

§ 14924.1. Audit of insurance and escrow accounts.

For the purposes of this part relating to the auditing of

accounts and the purchasing of insurance, money held by any

county official in escrow shall be deemed the same as county

money or public money.

§ 14925. Power of subpoena and attachment.

(a) Subpoena and power to compel.--The controller or

auditors may issue a subpoena to obtain the attendance of an

officer whose accounts the controller or auditors are required

to adjust, including an executor or administrator of the

officer, and of any person whom it may be necessary to examine

as a witness and to compel:

(1) attendance by attachment, in accordance with the

Pennsylvania Rules of Civil Procedure, in a similar manner

and to the same extent as a court of common pleas may or can

do in cases pending before the court; and

(2) in a similar manner the production of all books,

vouchers and papers relative to the accounts.

(b) Service and execution.--The subpoena under subsection

(a) shall be served and executed by the sheriff or a constable

of the county.

§ 14926. Power to administer oaths.

(a) Power.--The controller or auditors may administer oaths

and affirmations to each person brought or appearing before the

controller or auditors , whether accountants, witnesses or

otherwise .

(b) Penalty.-- A person swearing or affirming falsely on

20230SB0945PN1111 - 161 -

examination commits perjury.

§ 14927. Refusal to obey subpoena or submit to examination.

A person commits a misdemeanor for any of the following:

(1) Refusing to appear or produce documents after being

served a subpoena in accordance with this chapter.

(2) After appearing before the controller or auditors

for examination, refusing to take oath or affirmation.

(3) After having been sworn or affirmed, refusing to

answer questions of the controller or auditors relating to

the public accounts or the official conduct of public

officers.

§ 14928. Witness fees.

Witnesses appearing before the controller or auditors shall

receive the same allowance as is received by witnesses appearing

before the courts of this Commonwealth. The allowance shall be

paid out of the county treasury and, if final judgment is given

against an officer whose accounts are settled by the controller

or auditor, shall be included in the costs assessed against the

officer.

§ 14929. Settlement of accounts on extraneous proof.

If any person in possession of books, vouchers or papers

relative to public accounts before the controller or auditors

refuses to produce the documents, or if any officer whose

accounts are to be settled and adjusted by the controller or

auditors refuses to attend or submit to examination, the

auditors or controller shall proceed, by the examination of

witnesses and other evidence, to ascertain and settle the amount

of public money received by the officer and its application to

public purposes.

§ 14930. Filing reports.

20230SB0945PN1111 - 162 -

(a) Filing among court records.--The reports of the

controller or auditors shall be filed among the records of the

court of common pleas of the county.

(b) Surcharge.--The amount of any balance or shortage or of

any expenditure of a kind, or made in a manner prohibited or not

authorized by statute which causes a financial loss to the

county shall be a surcharge against any officer against whom the

balance or shortage appears or against whom by vote, act or

neglect permitted or approved the expenditure. The following

apply:

(1) An elected or appointed official of a county shall

not be surcharged for an act, error or omission in excess of

the actual financial loss sustained by the county.

(2) The imposition of a surcharge shall take into

consideration as its basis the results of the act, error or

omission and the results had the procedure been conducted

strictly according to law.

(3) The provisions limiting the amount of any surcharge

shall not apply to:

(i) Cases involving fraud or collusion on the part

of officers.

(ii) A penalty inuring to the benefit of or payable

to the Commonwealth.

(1) The amount of a balance and of an express surcharge

found in a report under subsection (a) shall, if no appeal is

taken or after an appeal has been finally determined in favor

of the county or the Commonwealth, be entered by the

prothonotary as a judgment against the officer.

(2) The Commonwealth or the county , as the case may be,

20230SB0945PN1111 - 163 -

may execute a final judgment under this section against the

property of the defaulting officer in accordance with law and

rule of court.

§ 14931. Appeals from reports.

(a) Right of appeal.--An appeal may be taken from a report

to the court of common pleas by:

(1) the Commonwealth;

(2) the county;

(3) the officer; or

(4) 10 or more taxpayers on behalf of the county.

(b) Conditions.--The following apply:

(1) An appeal under subsection (a) shall be entered by:

(i) The Commonwealth within four months after the

filing of the report.

(ii) The county, the officer or taxpayers within 60

days after the filing of the report.

(2) An appeal by officers or taxpayers may not be

allowed unless within the time of taking the appeal the

appellant secures a bond in the sum of $1,000 with sufficient

surety to prosecute the appeal and to pay the costs of

appeal. The costs of the appeal shall be paid as follows:

(i) If the appellant is a taxpayer, by the appellant

if the appellant fails to obtain a final decision more

favorable to the Commonwealth or county than that awarded

by the controller or auditors in the case.

(ii) If the appellant is an officer, by the

appellant if the appellant fails to obtain a final

decision more favorable to the officer than that awarded

by the controller or auditors.

(3) Unless the bond is filed as required under this

20230SB0945PN1111 - 164 -

section, the court of common pleas, upon application, shall

set aside the appeal.

(1) Upon appeal to the court of common pleas, the

controller or auditors shall be required to establish the

validity of the surcharge and shall establish the loss

sustained to the county.

(2) If the surcharge is upheld on appeal to the court of

common pleas, the officer surcharged shall immediately pay

the actual loss of costs and money due to the county.

§ 14932. Form of issue on appeals.

The courts of common pleas shall direct the form in which the

issues shall be entered in all appeals from the reports of the

county controller or auditors. The issues shall be tried by a

jury or may be submitted to reference and arbitration in the

manner and subject to the proceedings provided by law.

§ 14933. Allowance of attorney fees.

(a) Award.--Upon final determination of an appeal taken

under section 14931 (relating to appeals from reports), attorney

fees shall be awarded as follows:

(1) If the court's final determination is more favorable

to the officer involved than that awarded by the controller

or auditors, the county shall pay reasonable attorney fees,

except under paragraph (3).

(2) For an appeal taken by the Commonwealth, the county

or taxpayers, if the court's final determination is more

favorable to the Commonwealth or county than that awarded by

the controller or auditors, the officer who is the subject of

the surcharge proceeding shall pay reasonable attorney fees,

except under paragraph (3).

20230SB0945PN1111 - 165 -

(3) If the court's final determination is in part more

favorable to the Commonwealth or county and in part more

favorable to the officer involved in the surcharge proceeding

than that awarded by the controller or auditors, the court

may order the Commonwealth or the county to pay a portion of

reasonable attorney fees incurred by the officer in

connection with the surcharge proceeding or may order the

officer who is the subject of the surcharge proceeding to pay

a portion of reasonable attorney fees incurred by the

Commonwealth, county or taxpayer in connection with the

surcharge proceeding.

(b) Allocation.--The attorney fees for appeals involving

accounts other than those of county officers shall be allocated

in the court's discretion.

actions of the auditors or controllers other than appeals as

provided in section 14931, the court may award reasonable

attorney fees to the prevailing party.

(d) Effect of section.--Nothing in this section shall be

construed as authorizing personal liability for attorney fees or

costs.

§ 14934. (Reserved).

§ 14935. (Reserved).

§ 14936. (Reserved).

§ 14937. (Reserved).

§ 14938. (Reserved).

§ 14939. (Reserved).

SUBCHAPTER C

DISBURSALS OF COUNTY MONEY

Sec.

20230SB0945PN1111 - 166 -

14950. Claims against county.

14951. Procedure for approval.

14952. Claims not approved by controller.

14953. Reports to county commissioners.

14954. Fees of witnesses and jurors.

§ 14950. Claims against county.

(a) General duties.--The controller or the county

commissioners in counties without a controller shall scrutinize,

audit and decide on all bills, claims or demands whatsoever,

against the county, except as otherwise provided in this

subchapter.

(b) Presentation of claim and evidence.--

(1) All persons with a claim shall first present the

claim to the controller or the county commissioners and, if

required, make oath or affirmation before the controller or

county commissioners to the accurateness of the claims.

(2) The controller or the county commissioners may

require evidence by oath or affirmation of the claimant that

the claim is legally due and that the supplies or services

for which payment is claimed have been furnished or performed

under legal authority.

(1) The controller or county commissioners may inquire

or ascertain if:

(i) Any officer or agent of the county:

(A) is interested in the contract under which a

claim may arise; or

(B) has received or is to receive any

commission, consideration or gratuity relating

thereto .

20230SB0945PN1111 - 167 -

(ii) There has been any evasion of the provisions of

this part by making two or more contracts for small

amounts which should have been in one.

(2) Except as provided under section 15106 (relating to

conflicts of interest prohibited), if the controller or

county commissioners find that an officer or agent has a

conflict of interest under paragraph (1) or that there has

been any evasion by the officer or agent, the controller or

county commissioners shall refuse to approve the claim.

§ 14951. Procedure for approval.

(a) Counties with controller.--In counties having a

controller:

(1) The controller shall date, upon receipt, all bills,

claims and demands that the controller approves and shall

forward the bills, claims or demands along with checks to the

county commissioners for approval or, if already approved by

the county commissioners, for signatures under this section.

(2) If the county commissioners approve payment of a

bill, claim or demand, at least two county commissioners

shall sign the check as properly drawn upon the county

treasury. In these cases facsimiles of the signatures of the

county commissioners may be used.

(3) The bill, claim or demand shall be returned to the

controller for filing in the controller's office, and the

check shall be forwarded to the county treasurer.

(4) The county treasurer shall sign the check as the

treasurer's draft upon the county treasury, but the treasurer

shall not sign a check that is not already signed by the

county commissioners and the controller.

(5) Every check issued shall include reference to the

20230SB0945PN1111 - 168 -

corresponding bill, claim or demand as well as the number or

numbers which may be put upon it by the county treasurer.

(6) If the county commissioners refuse to approve a

bill, claim or demand, the county commissioners shall return

the bill, claim or demand, together with the check involved

to the controller for filing in the controller's office.

(b) Counties without controller.--In counties without a

controller:

(1) The county commissioners shall approve each

transaction.

(2) The check shall be drawn by the chief clerk who

shall keep files of the bills, claims or demands.

(3) At least two county commissioners shall sign the

checks either personally or by facsimile.

(4) The checks shall be forwarded, together with a check

claim or demand providing a clear description of the nature

and purpose of the expenditure, to the county treasurer for

the treasurer's signature.

bank record shall be filed in the office of the county

treasurer, but the treasurer shall transmit, at times the

controller shall establish, a list of all checks paid from the

county treasury not previously transmitted, along with

appropriate identification.

(d) Facsimile signature.--The county treasurer and the

controller in counties with a controller may use a facsimile

signature on a check which the county treasurer and controller

are required to sign.

(e) Effect of section.--Nothing in this section shall

20230SB0945PN1111 - 169 -

preclude the receipt or transfer of money to or from the county,

or payment of a bill, claim or demand, by electronic fund

transfer if adequate and recognized fiscal and procedural

controls, together with proper system security, are in place.

§ 14952. Claims not approved by controller.

If, upon receipt, the controller does not approve a claim,

bill or demand, the controller shall within 15 days forward the

claim, bill or demand to the county commissioners, together with

notice that the controller has disapproved the claim, bill or

demand or is unable to approve the claim, bill or demand and the

reasons for the disapproval. The county commissioners shall

consider the claim, bill or demand and, if the county

commissioners consider that the claim, bill or demand should be

paid by the county, the county commissioners shall notify the

controller. If the controller continues to refuse approval, no

payment shall be made by the county except under an order of

court upon a proper issue directing the controller to approve

payment.

§ 14953. Reports to county commissioners.

At the request of the county commissioners, the controller

shall report to the county commissioners monthly the amount of

outstanding checks registered and the amount of money in the

treasury or the amount of a particular unencumbered

appropriation item involved.

§ 14954. Fees of witnesses and jurors.

Fees of witnesses and jurors shall be ascertained by the

courts of the county entered upon the records and duly certified

by the respective clerks to the county commissioners being first

sworn to or affirmed before the controller or the chief clerk of

the county commissioners, as the case may be.

20230SB0945PN1111 - 170 -

SUBCHAPTER D

COUNTY TREASURY AND COUNTY DEPOSITORIES

Sec.

14960. Receipts and accounts of money due county.

14961. (Reserved).

14962. Depositories.

14963. (Reserved).

14964. (Reserved).

§ 14960. Receipts and accounts of money due county.

(a) Duties of county treasurer.--The county treasurer shall

receive and issue receipts for money due or accruing to the

county.

(b) Accounts.--The county treasurer shall keep proper

accounts of money received and disbursed. The treasurer's

records shall be open to the inspection of the controller and

the county commissioners at all times during office hours.

received for the county and shall transmit the duplicate or

triplicate receipts daily to the controller or to the county

commissioners in counties without a controller. The receipts

shall:

(1) be serially numbered; and

(2) indicate:

(i) the amount of money received;

(ii) the payor;

(iii) on what account the money is received; and

(iv) the date.

(d) Disbursals.--The treasurer shall keep daily records of

disbursals from the county treasury and shall forward daily

records to the controller or the county commissioners in

20230SB0945PN1111 - 171 -

counties without a controller.

(e) Account information.--The controller, or the chief clerk

of the county commissioners in counties without a controller,

may review depository account information upon request from the

county depository, without prejudice to the depositories, of the

money deposited in the name of the county by the treasurer.

(f) Quarterly statements.--In counties having no controller,

the treasurer shall provide, at least quarterly and more

frequently if required, a statement of money received and

disbursed since the treasurer's last statement showing:

(1) the balance remaining in the accounts; and

(2) the names of the collectors having arrearages in

taxes with the amounts of the arrearages.

(g) Annual statements.--The treasurer shall state the

accounts at the end of each fiscal year. The statement shall be

examined by the county commissioners and delivered by the

commissioners to the county auditors for settlement.

§ 14961. (Reserved).

§ 14962. Depositories.

(a) Designation.--The county commissioners and the county

treasurer shall designate by resolution one or more depositories

for county money. The depositories shall be banks, banking

institutions or trust companies located in this Commonwealth.

(b) Collateral.--

(1) A depository designated under subsection (a) shall,

upon receipt of notice of its designation, collateralize

deposits of public money in accordance with the act of August

6, 1971 (P.L.281, No.72), entitled "An act standardizing the

procedures for pledges of assets to secure deposits of public

funds with banking institutions pursuant to other laws;

20230SB0945PN1111 - 172 -

establishing a standard rule for the types, amounts and

valuations of assets eligible to be used as collateral for

deposits of public funds; permitting assets to be pledged

against deposits on a pooled basis; and authorizing the

appointment of custodians to act as pledgees of assets," by

pledging collateral in an account in the name of the county

or utilizing a letter of credit from the Federal Home Loan

Bank to secure public deposits in excess of Federal Deposit

Insurance Corporation insurance limits. The depository shall

provide a monthly report within 15 days after the end of each

month to the county commissioners in accordance with the

reporting requirements under the act of August 6, 1971

(P.L.281, No.72), including the composition of the collateral

and related market value.

(2) A county may elect to require that a depository

pledge collateral in an account in the name of the county to

collateralize deposits above the Federal Deposit Insurance

Corporation insurance limit. These accounts may be in the

custody of the depository's trust department or at a third-

party financial institution. The arrangement with the

depository may be governed by a written agreement, approved

by the board of directors or loan committee of the

depository, with approval reflected in the minutes of the

board or committee, which are kept continuously as an

official record of the depository. The agreement shall

include all of the following if collateral is pledged instead

of a Federal Home Loan Bank letter of credit:

(i) Collateral shall be marked to market daily.

(ii) Collateral shall be in investments as

prescribed in the investment program provided by the

20230SB0945PN1111 - 173 -

board of investment or the county commissioners.

(iii) If the financial institution serves as the

custodian, the pledged collateral shall be held in a

separate account, established under the act of August 6,

1971 (P.L.281, No.72), in the depository's trust

department.

(iv) The market value of the pledged collateral

shall be at least 102% of the county deposits in excess

of federally insured limits.

(v) A monthly report shall be provided as specified

in paragraph (1).

(3) The depository may not be required to secure payment

of deposits and interest insured by the Federal Deposit

Insurance Corporation.

designation of the depository, immediately transfer all county

money to be deposited and shall thereafter keep deposits solely

in the depository in the name of the county.

(d) Withdrawals.--Withdrawals from the depository shall be

only drawn by the treasurer upon properly authorized checks or

by other commercially accepted methods of electronic funds

transfer that have been specifically approved by the county

commissioners.

(e) Loss of county money.--No county commissioner or

treasurer complying with this chapter, or their surety, may be

charged with losses of county money caused by the failure or

negligence of the depository.

§ 14963. (Reserved).

§ 14964. (Reserved).

SUBCHAPTER E

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COUNTY TAXATION, BORROWING AND

TRANSFER OF FUNDS

Sec.

14970. Tax levies.

14971. Additions and revisions to duplicates.

14972. (Reserved).

14973. (Reserved).

14974. Temporary loans.

14975. Transfer of certain money into general fund of county.

14976. Supplemental appropriations, transfers of money and

appropriation limits.

14977. Banks authorized to receive taxes in counties of the

second class A.

§ 14970. Tax levies.

(a) Rate.--The county commissioners shall fix, by

resolution, the rate of taxation for each year. A tax may not be

levied under this subsection on personal property taxable for

county purposes if the rate of taxation is fixed by law other

than at the rate fixed under this subsection. The following

shall apply:

(1) A tax for general county purposes in any county of

the second class A may not, in any one year, exceed the rate

of 40 mills on every dollar of the adjusted valuation.

(2) The rate of taxation for payment of interest and

principal on any indebtedness incurred under 53 Pa.C.S. Pt.

VII Subpt. B (relating to indebtedness and borrowing), or any

prior or subsequent act governing the incurrence of

indebtedness of the county shall be unlimited.

(3) If the rate is fixed in mills, in fixing the rate of

taxation, the county commissioners shall include in the

20230SB0945PN1111 - 175 -

resolution a statement expressing the rate of taxation in

dollars and cents on each $100 of assessed valuation of

taxable property.

(b) Payments.--The tax levied in counties of the second

class A shall be for the purpose of creating a general fund to

pay expenses incurred for general county purposes, for the

payment of the matters connected with roads under section 16907

(relating to annual tax), for the payment of the matters

connected with parks and related matters under section 16507

(relating to payment of expenses, taxation, annual fairs and

State contributions).

the second class A shall have the power to levy a tax for

institution district purposes and for the payment of the

obligations of the predecessor poor districts on real estate,

trades, occupations and professions, in the same manner and at

the same time as county taxes and annual taxes to pay the

current expense of the institution district, none of which may

exceed 15 mills on the dollar of the last adjusted assessed

valuation for county purposes.

(d) Prohibition.--A tax may not be levied and collected on

trades, occupations and professions at the same time a per

capita tax on individuals is levied and collected.

(e) Limitations.--A tax for general county purposes in a

county of the third, fourth, fifth, sixth, seventh or eighth

class, exclusive of the requirements for the payment of rentals

to any municipal authority, may not in any one year exceed the

rate of 25 mills on every dollar of the adjusted valuation,

unless the county commissioners by majority action shall, upon

due cause shown by resolution, petition the court of common

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pleas, in which case the court may order a rate of not more than

an additional five mills to be levied. The following shall

apply:

(1) If the rate of taxation for payment of interest and

principal on any indebtedness incurred under 53 Pa.C.S. Pt.

VII Subpt. B or any prior or subsequent act governing the

incurrence of indebtedness of the county shall be unlimited.

(2) Tax for payment of rentals to any municipal

authority shall not exceed the rate of 10 mills on every

dollar of the adjusted valuation and shall be in addition to

the 25 mill limitation for general county purposes.

(f) Statement required.--In fixing the rate of taxation, the

county commissioners, if the rate is fixed in mills, shall also

include in the resolution a statement expressing the rate of

taxation in dollars and cents on each $100 of assessed valuation

of taxable property.

(g) Fourth, fifth, sixth, seventh or eighth class

counties.--The rate of taxation fixed for any occupation tax

levied by a county shall not in any one year exceed 20 mills.

The county commissioners may, by resolution, abolish the levy

and collection of occupation taxes for county purposes and the

following shall apply:

(1) The county commissioners may levy and collect an

annual per capita tax on individuals for county purposes.

(2) A county which becomes a county of the third class

may collect for a period of four years after the status has

been certified a per capita tax from any individual not to

exceed a total of $5 for county purposes in any one year.

(h) Third, fourth, fifth, sixth, seventh or eighth class

counties.--A tax may not be levied and collected for county

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purposes on offices and posts of profits or on professions,

trades and occupations at the same time during which a per

capita tax on persons is levied and collected for county

purposes. The following shall apply:

(1) Per capita taxes levied upon and collected from an

individual may not exceed a total of $5 for county and

institution district purposes in any one year.

(2) A county may, by ordinance or resolution, exempt an

individual whose total income from all sources is less than

the dollar amount per annum as provided in section 301.1(b)

of the act of December 31, 1965 (P.L.1257, No.511), known as

The Local Tax Enabling Act, from any per capita tax levied

under this part.

§ 14971. Additions and revisions to duplicates.

(a) Addition to tax duplicates.--If in any county there is

any construction of a building or buildings not otherwise exempt

as a dwelling after January first of any year, and the building

is not included in the tax duplicate of the county, the

authority responsible for assessments in the county shall, upon

the request of the county commissioners, cause to be inspected

and reassessed, subject to the right of appeal and adjustment

provided by any statute under which assessments are made, all

taxable property in the county to which major improvements have

been made after January 1 of any year.

(b) Notice of the reassessments.--Notice of the

reassessments shall be given in accordance with 53 Pa.C.S. §

8841(c) (relating to assessment roll and interim revisions) to

the authority responsible for assessments, the county

commissioners and the property owner and the following shall

apply:

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(1) Reassessed property shall be added to the duplicate

and shall be taxable for county purposes at the reassessed

valuation for that proportionate part of the fiscal year of

the county remaining after the property was improved.

(2) Any improvement made during any given month shall be

computed as having been made on the first of the month.

(3) A certified copy of the additions or revisions to

the duplicate shall be furnished by the county commissioners

to the proper tax collector for the county, and, within 10

days of receipt of the copy, the tax collector shall notify

the owner of the property of the taxes due the county.

(4) If an assessment is made for a portion of a year

under this section, the assessment shall be added to the

duplicate of the following or succeeding year unless the

value of the improvements has already been included in the

duplicate.

§ 14972. (Reserved).

§ 14973. (Reserved).

§ 14974. Temporary loans.

If the money of a county has been exhausted, the county

commissioners may borrow money in anticipation of taxes to be

collected for the current fiscal year in accordance with 53

Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing), payable on a certain date, not later than the last

day of the fiscal year in which the tax anticipation note is

issued.

§ 14975. Transfer of certain money into general fund of county.

The county commissioners may transfer and cover into the

general fund of the county money placed to the credit of a city,

borough or township, if:

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(1) the money has been paid into the county treasury

upon a duplicate for taxes and has remained during a period

of 10 years uncalled for by the authorities of the city,

borough or township to whose credit it may have been placed;

and

(2) the right to the money is not, at the time of the

transfer, a matter of litigation or dispute.

§ 14976. Supplemental appropriations, transfers of money and

appropriation limits.

(a) Authority.--The county commissioners have the power to:

(1) By resolution, make supplemental appropriations for

a lawful purpose from money on hand or estimated to be

received within the fiscal year and not otherwise

appropriated. This paragraph includes proceeds of borrowing

authorized by law.

(2) Authorize the transfer of:

(i) The unencumbered balance of an appropriation

item or any portion of the balance.

(ii) The unencumbered balance or any portion of the

balance within a fund from one spending agency to

another.

(3) During the last 15 days of a fiscal year:

(i) authorize the transfer of the unencumbered

balance or any portion of the balance in a county fund to

a fund of the institution district; and

(ii) reappropriate the transferred money to the

institution district.

(b) No expenditures.--The county commissioners may not do

any of the following which would cause the sums appropriated to

be exceeded:

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(1) Hiring work to be done.

(2) Purchasing materials.

(3) Making a contract.

(4) Issuing a payment order.

§ 14977. Banks authorized to receive taxes in counties of the

second class A.

(a) Scope of section.--This section applies to counties of

the second class.

(b) Designation.--The county commissioners, the county

treasurer and the county controller may designate any bank,

savings bank, bank and trust company, trust company or national

banking association, located within the county as a deputy

county tax collector for the sole purpose of receiving and

receipting for county taxes paid to the deputy county tax

collector at the collector's place of business.

responsible for losses occasioned by the failure of an

institution, for money received by it as a deputy county tax

collector.

(d) Security.--Before entering upon the duties of receiving

and receipting for taxes, an institution shall post security in

an amount as determined by the county commissioners, the county

treasurer and the county controller, to ensure the faithful

performance of duties and the remission of taxes and money

received.

(e) Functions.--A deputy county tax collector shall, within

five days after the last day of each calendar month, transmit to

the county tax collector all money received by it as the deputy

during the preceding month. The payment shall be accompanied by

an itemized statement identifying:

20230SB0945PN1111 - 181 -

(1) the tax paid;

(2) the date of payment; and

(3) the payor.

(f) Compensation and expenses.--A deputy tax collector:

(1) Shall not be allowed compensation or commission for

acting as a deputy tax collector.

(2) Shall be reimbursed for expenses actually incurred

in transmitting money and records of payments to the county

tax collector.

SUBCHAPTER F

BUDGETS

Sec.

14980. Fiscal year and preparation of proposed annual budget.

14981. (Reserved).

14982. Adoption of budget, publication of proposed budget and

notice of final action date.

14982.1. Amended budget and notice.

14982.2. Delivery of tax duplicates.

14982.3. Amending budget, levy and tax rate, revising tax

duplicates and filing.

14983. Annual budget appropriations and tax rate.

14984. (Reserved).

14984.1. Taking of money and property.

14984.2. Capital reserve fund for anticipated capital

expenditures.

14984.3. Operating reserve fund.

14985. Committee to prepare uniform forms.

§ 14980. Fiscal year and preparation of proposed annual budget.

(a) Fiscal year.--The fiscal year of each county shall begin

on January 1 and end on December 31 of each year.

20230SB0945PN1111 - 182 -

(b) Preparation of proposed budget.--At least 90 days prior

to adopting the budget, the county commissioners shall begin the

preparation of the proposed budget for the succeeding fiscal

year. The budget may be prepared based upon information

collected and transmitted by the controller as provided under

subsection (c) or by the county commissioners, a finance

department or a designated person employed and qualified by the

county commissioners.

commissioners, but in no case less than 60 days prior to

adoption of the budget by the commissioners, the controller

shall prepare and transmit to the commissioners:

(1) A comparative statement of revenues for the current

and immediately preceding fiscal year and a comparative

statement of expenditures, including interest due and to

become due on the lawful interest-bearing debts of the county

for the same years. In counties in which the controller is a

participant in the development of the budget, the controller

shall also include balances projected for the close of the

current fiscal year.

(2) The amounts of the appropriation requests, submitted

to the controller or to the county commissioners and supplied

by the county commissioners to the controller, from the

county offices and agencies, including estimates of

expenditures contemplated by the county commissioners as

forwarded by the county commissioners to the controller.

(d) Form.--The information requested by the county

commissioners under subsection (b) or (c) shall be in the form

requested by the commissioners or on forms furnished by the

Department of Community and Economic Development under this

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subchapter. With this information as a guide, the county

commissioners shall, within a reasonable time, begin the

preparation of a proposed budget for the succeeding fiscal year.

§ 14981. (Reserved).

§ 14982. Adoption of budget, publication of proposed budget and

notice of final action date.

(a) Publication of proposed budget and adoption of budget.--

The proposed budget shall be prepared and adopted as follows:

(1) The public shall be given notice by publication in

one newspaper of general circulation at least 20 days before

the date set for the adoption of the budget that the proposed

budget is available for public inspection. The notice shall

contain the date set for the adoption of the budget and the

manner in which the proposed budget has been made available

for public inspection.

(2) The budget shall be adopted on or before December

31.

(b) Revision of proposed budget.--If any revision of the

proposed budget is made after the budget has been published

under subsection (a) which would increase the estimated

expenditures in the adopted budget by more than 10% in the

aggregate over the proposed budget as made available for public

inspection, the revised budget may not be adopted with any

increases unless the budget is made available for public

inspection and for protest of any increases for a period of at

least 10 days after notice to that effect is published.

§ 14982.1. Amended budget and notice.

(a) Amended budget.--During the month of January next

following a municipal election, the county commissioners may

amend the budget and the levy and tax rate to conform with the

20230SB0945PN1111 - 184 -

amended budget.

(b) Notice.--The county shall provide public notice by

publication in one newspaper of general circulation that an

amended budget has been proposed and is available for public

inspection for a period of 10 days at a location specified in

the notice.

adopted by the county commissioners after the public inspection

period and no later than February 15. A proposed amended budget

may not be revised upward in excess of 10% in the aggregate.

§ 14982.2. Delivery of tax duplicates.

(a) Delivery of tax duplicates.--The county commissioners

shall prepare and deliver the duplicates of taxes assessed to

the respective tax collectors, together with the warrant for the

collection at least 15 days prior to the date of the tax bill.

(b) Alternative delivery date.--Notwithstanding the

provisions of subsection (a), the county commissioners shall

have the option to prepare and deliver the duplicates of taxes

assessed to the respective tax collectors, together with the

warrant for collection no later than the final date for a school

district to prepare and deliver the duplicates for school real

estate taxes under section 682 of the act of March 10, 1949

(P.L.30, No.14), known as the Public School Code of 1949, if the

county commissioners:

(1) find that exercise of the option will result in cost

savings compared to proceeding under the deadline imposed

under subsection (a); and

(2) adopt a resolution that refers to the finding.

§ 14982.3. Amending budget, levy and tax rate, revising tax

duplicates and filing.

20230SB0945PN1111 - 185 -

At any time prior to the time tax duplicates are sent by the

county in any year, the county commissioners may amend the

budget and the levy and tax rate and revise the tax duplicate to

conform with its amended budget if the county receives

unanticipated revenues that may be expended during the county's

fiscal year that may enable the county commissioners to reduce

the levy and tax rate to conform with its amended budget.

§ 14983. Annual budget appropriations and tax rate.

The budget shall reflect as nearly as possible the estimated

revenues and expenditures for the year for which the budget is

prepared. Upon adopting the budget, the county commissioners

shall:

(1) adopt the appropriation measures required to put the

budget into effect; and

(2) fix the rate of taxation upon the valuation of the

property taxable for county purposes that, together with the

other estimated revenues of the county, excluding operating,

capital and other reserve funds, raise a sufficient sum to

meet the expenditures.

§ 14984. (Reserved).

§ 14984.1. Taking of money and property.

The county commissioners may take by gift, grant, devise or

bequest any money or property, real, personal or mixed, for the

benefit of the county.

§ 14984.2. Capital reserve fund for anticipated capital

expenditures.

(a) Capital reserve fund.--The county commissioners shall

have the power to create and maintain a separate capital reserve

fund for anticipated legal capital expenditures. Money in the

fund shall be used for the construction, purchase or replacement

20230SB0945PN1111 - 186 -

of or addition to county buildings, equipment, machinery, motor

vehicles or other capital assets of the county.

(b) Deposits.--The county commissioners may annually

appropriate money from the general county fund, not to exceed

10% of a county's operating budget, to be paid into the capital

reserve fund or place in the fund any money received from the

sale, lease or other disposition of county property or from any

other source unless received or acquired for a particular

purpose.

invested, reinvested and administered and the money and income

from the fund expended for any purpose for which the fund is

created, as may be determined by the county commissioners. The

money in the fund, when invested, shall be invested in a manner

consistent with the provisions of section 14906 (relating to

investment of money). This subsection may not be construed to

limit the powers of the county to the use of money in the

capital reserve fund in making lawful capital expenditures.

§ 14984.3. Operating reserve fund.

(a) Operating reserve fund.--The county commissioners shall

have the power to create and maintain a separate operating

reserve fund in order to:

(1) minimize future revenue shortfalls and deficits;

(2) provide greater continuity and predictability in the

funding of vital government services;

(3) minimize the need to increase taxes to balance the

budget in times of fiscal distress;

(4) provide the capacity to undertake long-range

financial planning; and

(5) develop fiscal resources to meet long-term needs.

20230SB0945PN1111 - 187 -

(b) Appropriations from general county fund.--The county

commissioners may annually make appropriations from the general

county fund to the operating reserve fund, but no appropriation

may be made to the operating reserve fund if the appropriation

would cause the fund to exceed 25% of the estimated revenues of

the county's general fund in the current fiscal year.

may, by resolution, make appropriations from the operating

reserve fund only to:

(1) meet emergencies involving the health, safety or

welfare of the residents of the county;

(2) counterbalance potential budget deficits resulting

from shortfalls in anticipated revenues or program receipts

from any source;

(3) counterbalance potential budget deficits resulting

from increases in anticipated costs of goods or services; or

(4) provide for anticipated operating expenditures

related either to the planned growth of existing projects or

programs or the establishment of new projects or programs if

for each project or program appropriations have been made and

allocated to a separate restricted account established within

the operating reserve fund.

(d) Administration of fund.--The operating reserve fund

shall be invested, reinvested and administered in a manner

consistent with the provisions of section 14906 (relating to

investment of money).

§ 14985. Committee to prepare uniform forms.

(a) Committee to prepare forms.--The report forms specified

in this chapter shall be prepared by a committee. The committee

shall consist of the following members:

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(1) The Secretary of Community and Economic Development

or the secretary's designee, who shall be trained in the

field of municipal finance.

(2) One member of the Senate and one member of the House

of Representatives, who shall be members of the Local

Government Commission, appointed by the majority chairperson

of the commission.

(3) Three representatives from the County Commissioners

Association of Pennsylvania.

(4) Three representatives from the Pennsylvania State

Association of County Controllers.

(5) Three representatives from the Pennsylvania State

Association of County Auditors.

(6) One certified public accountant.

(b) Appointment of committee members.--Except for the

certified public accountant who shall be appointed by the

Governor, the committee members shall be appointed by the

president of each organization. For representatives of the

county commissioners, one shall be appointed from a county of

either the third or fourth class, one from a county of either

the fifth or sixth class and one from a county of either the

seventh or eighth class. The president of each organization

shall supply to the Department of Community and Economic

Development the names and addresses of the representatives

immediately upon appointment.

serve without compensation but shall be reimbursed by the

Commonwealth for all necessary expenses incurred while attending

meetings of the committee.

(d) Meetings.--The committee shall meet at the call of the

20230SB0945PN1111 - 189 -

Secretary of Community and Economic Development or the

secretary's designee, who shall serve as chairperson of the

committee. The Secretary of Community and Economic Development

shall call meetings of the committee at the request of the

secretary of any of the associations represented under

subsection (a). There shall be at least two weeks' notice to

each member of the committee of any meeting.

(e) Preparations of forms.--In preparing the uniform forms

for annual reports, the committee shall give careful

consideration to the differing legal requirements and needs of

the counties, producing, if necessary, separate forms for

certain classes of counties or groups of classes.

(f) Oversight.--The Secretary of Community and Economic

Development or the secretary's designee shall ensure that the

forms required under this section are prepared in cooperation

with the committee. If the committee fails to cooperate, the

Secretary of Community and Economic Development or the

secretary's designee shall complete the preparation of the

forms. The Secretary of Community and Economic Development shall

issue and distribute the forms annually, as needed, to the

county commissioners, controller or auditors of each county.

(g) Changes to forms.--The Secretary of Community and

Economic Development shall include within the report forms

specified in this section the changes necessitated under this

part in regard to property, powers, duties and obligations of

institution districts transferred to counties. The committee may

not be held responsible for the changes to the forms.

(h) Accounting and fiscal practices.--The Secretary of

Community and Economic Development shall convene the committee

to assist counties in developing appropriate accounting and

20230SB0945PN1111 - 190 -

fiscal practices in compliance with generally accepted

accounting principles.

SUBCHAPTER G

SINKING FUND COMMISSION

Sec.

14990. Membership.

14991. Management of sinking funds.

14992. Bonds of county held by commission.

14993. Pay off, cancellation, priority and sale of county

bonds.

14994. (Reserved).

14995. Investment of sinking fund money.

§ 14990. Membership.

Each county may establish a sinking fund commission. The

sinking fund commission shall be composed of:

(1) the county commissioners;

(2) the controller, or auditors in counties without a

controller; and

(3) the treasurer.

§ 14991. Management of sinking funds.

(a) Income.--The sinking fund commission shall annually

apply the interest received on sinking fund deposits, the

interest received on bonds held in the sinking fund and all

other income, if any, from the sinking fund for the purpose of

reducing the amount of money required to be paid by the county

for sinking fund purposes for the following year, unless the

income is necessary to pay the bonds of the county as the bonds

mature and become payable. The income and the amount required to

be paid by the county for sinking fund purposes shall annually

equal the full amount required to be paid for sinking fund

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