Pennsylvania Act 1937-396 — "COUNTY INSTITUTION DISTRICT LAW"

Act text

AN ACT

Creating in each county (except of the first class) as a separate corporation, and in each city of the first and second class as a part of the city government, an institution district for the care and maintenance of certain indigent persons and children; prescribing the powers and duties of county commissioners, county treasurers, city departments of public welfare, the State Department of Welfare and the State Department of Public Assistance in respect thereto; abolishing certain poor districts and terminating the terms of directors, overseers, guardians and managers of the poor and poor district auditors, and providing for the temporary employment of certain of them; providing for the transfer, vesting, sale and disposition of the property of poor districts and the payment of their obligations; imposing certain existing obligations on institution districts and on the Commonwealth; regulating the affairs of poor districts until abolished; revising, amending, changing and consolidating the law relating to the care of the poor; and repealing existing laws.

Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferrred elsewhere by Act 58 and currently performed by the Department of Community Affairs under Act 396 are transferred to the Department of Community and Economic Development.

Compiler's Note: Section 5 of Act 200 of 1963 provided that Act 396 is repealed insofar as it relates to counties of the seventh and eighth classes.

Compiler's Note: Section 8 of Act 638 of 1961 provided that Act 396 is repealed insofar as it relates to counties of the fourth, fifth and sixth classes.

Be it enacted, &c., That,

TABLE OF CONTENTS

Article I.

Preliminary Provisions.

Section 101. Short title.

Section 102. Definitions.

Section 103. Constitutional Construction.

Section 104. General Construction.

Article II.

Institution Districts in Cities of the

First and Second Class.

Section 201. First Class City Institution Districts; Abolition

of Existing Offices for Poor Director and

Auditor.

Section 202. Second Class Cities.

Section 203. Records.

Article III.

County Institution Districts; General Provisions.

Section 301. County Institution Districts.

Section 302. Officers of County Institution Districts;

Abolition of Poor Directors.

Section 303. Salaries and Expenses of Officers.

Section 304. Records.

Section 305. Powers and Duties as to County Institution

District Property.

Section 306. Appointment of Employes.

Section 307. Taxation.

Section 308. Borrowing Powers.

Section 309. Budget and Financial Requirements.

Section 309.1. In Counties of the Third to Eighth Classes

Fiscal Year and Adoption of Budget.

Section 309.2. In Counties of the Third Class Preparation

of Proposed Annual Budget.

Section 309.3. In Counties of the Third Class Adoption of

Budget; Publication of Proposal Budget

and Notice of Final Auction Date.

Section 309.4. In counties of the Third to Eighth Classes

Annual Budget Appropriations and Tax; Filing

Budget.

Section 309.5. In Counties of the Third to Eighth Classes

Supplemental Appropriation; Transfers to

Funds; Appropriation Limits.

Section 309.6. Amending Budgets in Counties of the Third

Class; Notice.

Section 310. Fiscal Administration; Account and Audits.

Section 310.1. In Counties of the Third to Eighth Classes

Voucher Check System.

Section 310.2. In Counties of the Third to Eighth Classes

Claims not Approved by Controller.

Section 310.3. In Counties of the Third to Eighth Classes

Voucher Check System.

Section 311. Reports to Department of Internal Affairs.

Section 312. Budget and Financial Report Forms.

Section 313. Viewers to Inspect New Buildings.

Section 314. Transfer of Dependents.

Section 315. Contracts.

Section 316. Commissioners Not to Be Interested in Contracts.

Section 317. Bond for Protection of Labor and Materialmen.

Section 318. Proceedings Where Eminent Domain Exercised.

Article IV.

Powers and Duties of Institution Districts.

Section 401. Powers and Duties and as to Care of Dependents.

Section 402. Care of Persons Referred by Department of Public

Assistance.

Section 403. Provision for Burial of Dependents and Other

Persons.

Section 404. Treatment of Persons in Danger of Hydrophobia.

Section 405. Powers and Duties of Local Authorities As to

Children.

Section 406. Contributions for Medical and Nursing Home Care.

Section 407. Inspections by Department of Welfare.

Section 408. Reports of Persons Applying for Treatment of

Disease.

Section 409. Rules and Regulations.

Section 410. Providing Certain Services Without Charge

Prohibited.

Section 411. Payments by Local Authorities for Assistance.

Section 412. Limitation of Authority Respecting Public

Assistance Recipients.

Article V.

Settlement and Removal.

Section 501. Settlement.

Section 502. Removal of District of Settlement.

Section 503. Liability for Costs.

Article VI.

Dissolution of Independent

Poor Districts.

Section 601. Officers of Independent Poor Districts.

Section 602. Independent Poor Districts in One County.

Section 603. Independent Poor Districts in Two Counties.

Section 604. Appointment of Auditors.

Section 605. Final Dissolution of Independent Poor Districts.

ARTICLE I

PRELIMINARY PROVISIONS

Section 101. Short Title.--This act shall be known, and may be cited, as the "County Institution District Law."

Section 102. Definitions.--As used in this act, unless the context otherwise indicates--

"Commissioners" means the county commissioners of the county.

"County" means every county of this Commonwealth, except a county of the first class. The word county shall include territory within any city of the second class.

"Institution District" means a county or city institution district managed by the commissioners of the county or the department of public welfare of any city of the first class, as the case may be.

"Dependent" means an indigent person requiring public care, including maintenance, medical care, clothing and incidentals because of physical or mental infirmity. (Def. amended Sept. 17, 1965, P.L.523, No.266)

"Independent Poor District" means a poor district which is not coterminous with a county, but shall not be construed to apply to a poor district of a county of the second class or a city of the second class.

"Institution" means an infirmary, poorhouse, almshouse, hospital or sanitarium managed by the commissioners of the county or the department of public welfare of a city of the first class.

"Poor Auditor" means an elected or specially appointed auditor of independent poor districts.

"Municipality" means any city (except a city of the first class), borough, incorporated town or township.

"Local Authorities" means the county commissioners acting as officers of an institution district, or the department of public welfare of any city of the first class.

"Poor Director" means a director, overseer, guardian or manager of any poor district or home for the destitute as now constituted.

"Public Charge" shall mean a person who is unable to maintain himself and who requires and receives aid from the Commonwealth or from any political subdivision thereof.

The masculine pronoun shall include the feminine.

(102 amended May 26, 1943, P.L.610, No.267)

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Section 103. Constitutional Construction.--The provisions of this act shall be severable, and if any provisions hereof shall be held to be unconstitutional, the decision so holding shall not be construed to impair any other provisions of this act. It is hereby declared as the legislative intent that this act would have been adopted had such unconstitutional provisions not been included therein.

Section 104. General Construction.--The provisions of this act, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this act of any act of Assembly, or part thereof, shall not revive any act, or part thereof, heretofore repealed or superseded. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit pending, or to be instituted, to enforce any right or penalty or punish any offense under the authority of such repealed laws.

ARTICLE II

INSTITUTION DISTRICTS IN CITIES

OF THE FIRST AND SECOND CLASS

Section 201. First Class City Institution Districts; Abolition of Existing Offices of Poor Director and Auditor.--In every city of the first class, the offices of poor director and of poor auditor of each poor district created by local law or remaining in existence as a former borough or township poor district are hereby abolished, except to the extent necessary to liquidate the affairs of the district. Title to the real and personal property of each such district is hereby transferred to and vested in the city, and its powers and obligations are hereby vested in and imposed on the city. Thereafter, the laws as to the care of dependents shall be administered throughout each city of the first class by the department of public welfare of the city, and each such city shall constitute an institution district for the purposes of this act. Such district shall not exist as an entity separate and apart from the city but shall be administered as a department of the city government. The city shall employ each of the present paid poor directors of such districts until his present term of office shall expire, in the liquidation of the affairs of the district and in the administration of this act, paying him his present annual salary, and if he now receives no fixed annual salary, then such salary as may be fixed by the tax levying body of the city. As soon as the affairs of each such district have been liquidated, it shall cease to exist.

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Section 202. Second Class Cities.--All territory comprised within cities of the second class shall be a part of the county institution district of the county in which such city is located. All city institution districts in cities of the second class are hereby abolished. The property, real and personal, of each existing city institution district in each city of the second class, and the property, real and personal, of each city of the second class used for city institution district purposes, on the effective date of these amendments, is hereby transferred to and vested in the county institution district of the county wherein the city of the second class is located. All indebtedness of any city of the second class, whether current or bonded incurred in the acquisition of any of such property or for any other city institution district purpose, shall continue the debt and obligation of such city of the second class and shall be paid by it. All the powers and duties of cities of the second class, in connection with administering the affairs of the city institution district, are hereby transferred to the county institution district of the county in which such city is located.

(202 amended May 26, 1943, P.L.610, No.267)

Section 203. Records.--The department of public welfare of each city of the first class shall keep records of the work of the city as an institution district as prescribed by the State Department of Welfare, and shall, from time to time make such reports to said department as it shall require.

(203 amended May 26, 1943, P.L.610, No.267)

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

ARTICLE III

COUNTY INSTITUTION DISTRICTS;

GENERAL PROVISIONS

Section 301. County Institution Districts.--Each county, as herein defined, may create or dissolve a district to be known as ".......................County Institution District," which district shall be a body corporate with the capacity to sue and be sued, to take, hold, lease and convey real and personal property, and to make contracts. The property, real and personal, and the obligations of each existing county poor district are hereby transferred to, vested in, and imposed on, the institution district of that county. Any property so transferred or vested shall, if suitable, be used for the purposes of administering this act, or to be disposed of as provided in this act. Any county may by resolution of the board of county commissioners dissolve a county institution district.

Whenever a county institution district is dissolved, its property, obligations, powers and duties shall be transferred to the county.

(301 amended Jan. 10, 1972, 1971 P.L.672, No.180)

Section 302. Officers of County Institution Districts; Abolition of Poor Directors.--The commissioners of each county shall be the executive and administrative officers of the institution district of that county, and the county treasurer shall be its treasurer. The office of county poor director is hereby abolished and the terms of the poor directors now in office are hereby terminated. The commissioners shall, however, employ each of the present paid county poor directors until his existing term of office shall expire, in the administration of this act, paying him his present annual salary, and if he now receives no fixed annual salary, then such salary as may be fixed by the commissioners.

Section 303. Salaries and Expenses of Officers.--For services as an officer of an institution district, each commissioner, the controller and the treasurer in second class counties shall receive an additional annual salary of two thousand five hundred dollars ($2500) and each commissioner of a seventh class county shall receive an additional annual salary of eight hundred dollars ($800) and each commissioner of an eighth class county shall receive an additional annual salary of three hundred dollars ($300). In every other county the commissioners, and the treasurer, shall receive no additional compensation for services to the institution district. In every county the commissioners and treasurer shall be allowed their necessary expenses incurred in services for the institution district. Every county controller in office on September twenty-nine, one thousand nine hundred fifty-one, shall receive during the remainder of his current term an allowance for expenses incurred in connection with the institution district as follows: (1) In second class counties, two thousand dollars ($2000) per annum; (2) In third class counties, eighteen hundred dollars ($1800) per annum; (3) In fourth class counties, fifteen hundred dollars ($1500) per annum; (4) In fifth class counties, twelve hundred dollars ($1200) per annum; (5) In sixth class counties, one thousand dollars ($1000) per annum.

(303 amended Dec. 20, 1983, P.L.297, No.80)

Compiler's Note: Section 2 of Act 199 of 1963 provided that section 303 is repealed insofar as it fixes the compensation of county commissioners in seventh class counties.

Compiler's Note: Section 2 of Act 198 of 1963 provided that section 303 is repealed insofar as it fixes the compensation of county commissioners in eighth class counties.

Section 304. Records.--The commissioners of each county shall keep records of the work of the institution district as prescribed by the State Department of Welfare, and shall, from time to time, make such reports to said department as it shall require.

Section 305. Powers and Duties as to County Institution District Property.--As a function of the institution districts and with its funds, the commissioners of each county shall have the power and it shall be their duty:

(a) With the approval of the Department of Welfare as to suitability and of the Court of Quarter Sessions of the Peace as to the amount of money to be expended, and upon such notice as the court may require, to acquire, by purchase or the right of eminent domain, lands and buildings for the care of dependents and for farms, taking title in the name of the county institution district; or, with the approval of the Department of Welfare as to suitability, to acquire by lease from any body politic and corporate organized under the Municipality Authorities Act of 1945 or any other public agency created under the laws of Pennsylvania, land, buildings and all necessary furnishings and equipment thereof for the care of dependents; ((a) amended Dec. 19, 1969, P.L.389, No.171)

(b) To erect, equip, maintain, repair, alter and add to institutions for the care of dependents, and to equip, maintain, cultivate and improve farms, using their produce for the support of dependents. Any plan for the erection or substantial alteration of an institution must be approved as to suitability by the Department of Welfare and as to the amount of money to be expended by the Court of Quarter Sessions of the Peace;

(c) With the approval of the Court of Quarter Sessions of the Peace, upon such notice as the court may require, to sell or lease real property of the institution district;

(d) To pay the other necessary expenses of the institution district;

(e) In counties of the third to eighth classes to take by gift, grant, devise or bequest, any money or property, real, personal or mixed, for the benefit of the institution district. ((e) added Oct. 7, 1955, P.L.662, No.184)

(e) To sell surplus farm products and other personal property deemed to be to the best interest of the institution district. Where the commissioner shall approve by resolution or ordinance a sale of such property, they shall estimate the sale value of the entire lot to be disposed of. If the value is estimated at two hundred dollars ($200) or more, the entire lot shall be advertised for sale, once in at least two newspapers of the county, not less than ten days prior to the date fixed for opening of bids, and such date shall be announced in the advertisement. The property advertised shall be sold to the best responsible bidder. This clause shall not be mandatory where property is to be traded in or exchanged for new or other property. If the value of the property to be sold is estimated at less than two hundred dollars, ($200) advertising for bids shall not be required, but at least two bids, in writing, must be received and the property shall be sold to the best responsible bidder. ((e) added Feb. 10, 1956, 1955 P.L.1020, No.320)

(305 amended Oct. 7, 1955, P.L.662, No.184 and Feb. 10, 1956, 1955 P.L.1020, No.320)

Section 306. Appointment of Employes.--The commissioners of each county shall have the power to appoint and remove all necessary employes of the institution district, and to require of any employe security for faithful performance. The number of such employes and their compensation shall be fixed by the salary board of the county wherever there is a salary board, otherwise by the county commissioners.

(306 amended June 3, 1943, P.L.825, No.348)

Section 307. Taxation.--For the purposes of the institution district and for the payment of the obligations of the predecessor poor district, the commissioners of each county shall have the power to levy and collect on real estate, trades, occupations and professions, and in fourth to eighth class counties per capita on individuals, in the same manner and at the same time as county taxes, annual taxes to pay the current expense of the institution district, none of which shall exceed ten mills on the dollar of the last adjusted assessed valuation for county purposes: Provided, That no tax shall be levied and collected on trades, occupations and professions at the same time a per capita tax on individuals is levied and collected. The commissioners may, by resolution, abolish taxes on trades, occupations and professions for the purposes of the institution district and for the payment of the obligations of the predecessor poor district. The commissioners may also levy such annual special taxes as may be needed to pay interest and sinking fund charges on bonds issued to pay for the purchase of lands or buildings, or for the erection and equipment of buildings, or for the payment of debts of the institution district. Such taxes shall be levied at the same time as the county tax, and shall be collected in the same manner, and subject to the same discounts and penalties, as the county tax.

Any per capita taxes levied upon and collected from any person shall not in any one year exceed a total of three dollars ($3) for county and institution district purposes.

(307 amended June 7, 1961, P.L.271, No.157 and July 25, 1961, P.L.840, No.360)

Section 308. Borrowing Powers.--The commissioners of each county shall have power, with the approval of the Department of Internal Affairs, in the manner provided by law, to issue and negotiate bonds of the institution district to raise funds for the acquisition of real estate, for the erection and equipment of buildings, for the payment of the obligations of the predecessor poor district, for the refunding of outstanding bonds issued by it or the predecessor poor district, and for the funding of notes of the institution district issued under the provisions of this section or of any other floating debt or evidences of indebtedness. Such bonds shall be issued and sold in the manner provided by law for county bonds: Provided, however, That any bonds of the institution district issued to fund its notes shall mature not more than five years from the date thereof.

The commissioners may also borrow moneys for current expenses, giving notes of the institution district, payable in not over one year, bearing not over six per centum interest, and negotiated for not less than par. Payment of such notes shall be provided for in the next annual tax, excepting such notes heretofore or hereafter issued as shall be funded by the issuance of the bonds of the institution district.

(308 amended May 22, 1945, P.L.842, No.340)

Section 309. Budget and Financial Requirements.--The commissioners of every county institution district shall annually, at least thirty days prior to the adoption of the annual budget, prepare a proposed budget of the amount of funds that will be required by the district in its several departments for the ensuing fiscal year. Said budget shall reflect as nearly as possible the estimated revenues and expenditures of the institution district for the year for which the budget is prepared. It shall be unlawful to prepare and advertise notice of a proposed budget when the same is knowingly inaccurate. Where, upon any revision of the budget, it appears that the estimated expenditures in the adopted budget will be increased more than ten per cent in the aggregate or more than twenty-five per cent in any individual item over the proposed budget, it shall be presumed that the tentative budget was inaccurate, and such budget may not be legally adopted with any such increases therein unless the same is again advertised once as in the case of the proposed budget and an opportunity afforded to taxpayers to examine the same and protest such increases. Such proposed budget shall be prepared on a uniform form, prepared and furnished as provided in this act, and shall be apportioned to the several classes of expenditures of the district as the commissioners may determine. Final action shall not be taken on any proposed budget until after at least ten days' public notice. The proposed budget shall be published or otherwise made available for public inspection at least twenty days prior to the date set for the adoption of the budget. The commissioners, after making such revisions and changes therein as appear advisable, shall adopt the budget and the necessary appropriation measures required to put it into effect. Within fifteen days after the adoption of the budget, the commissioners shall file a copy of the same in the office of the Department of Internal Affairs.

The commissioners may at any time by resolution make a supplemental appropriation for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not otherwise appropriated, including the proceeds of any borrowing now or hereafter authorized by law.

The commissioners shall have power to authorize the transfer within the same fund of any unencumbered balances, or any portion thereof, from one spending agency to another, but such action shall be taken only during the last nine months of the fiscal year. During the last fifteen days of any fiscal year, the county commissioners shall have the power to authorize the transfer of any unencumbered balance, or any portion thereof, from any institution district fund to any county fund and to reappropriate such moneys to the county.

No work shall be hired to be done, no materials purchased, no contracts made and no order issued for the payment of any moneys by the commissioners in any amount which will cause the sums appropriated to specific purposes to be exceeded.

(309 amended Apr. 21, 1949, P.L.705, No.170 and May 10, 1949, P.L.1074, No.310)

Compiler's Note: Section 2 of Act 184 of 1955 provided that section 309 is repealed insofar as it relates to counties of the third to eighth classes.

Section 309.1. In Counties of the Third to Eighth Classes Fiscal Year and Adoption of Budget.--The fiscal year of each county institution district in counties of the third to eighth classes shall begin on the first day of January.

(309.1 added Oct. 7, 1955, P.L.662, No.184)

Section 309.2. In Counties of the Third Class Preparation of Proposed Annual Budget.--(a) In counties of the third class, the commissioners shall, at least thirty days prior to the adoption of the budget, begin the preparation of the proposed budget for the succeeding fiscal year.

(b) The county controller in such counties shall transmit to the commissioners a comparative statement of revenues for the current and the immediately preceding fiscal year, and a comparative statement of expenditures, including interest due and to fall due on all lawful interest bearing debt of the district for the same years.

(c) The controller's statement shall also indicate the amounts of all appropriations requests, submitted to the controller or to the commissioners and supplied by them to the controller, from the several district officers and agencies, including estimates of expenditures contemplated by the commissioners as forwarded by them to the controller.

(d) The said statements, in such form and detail as the commissioners direct, shall be prepared upon forms furnished by the Department of Community Affairs of the Commonwealth. With this information as a guide, the commissioners shall, within a reasonable time, prepare a proposed budget for the succeeding fiscal year.

(e) In such counties not having a controller, the commissioners shall prepare the statements hereinbefore required.

(309.2 amended Dec. 14, 1967, P.L.825, No.354)

Compiler's Note: The Department of Community Affairs, referred to in subsec. (d), was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.

Section 309.3. In Counties of the Third Class Adoption of Budget; Publication of Proposed Budget and Notice of Final Action Date.--(a) The proposed budget in counties of the third class shall be prepared and adopted not later than December 31st, and notice thereof shall be published once in at least one newspaper of general circulation, and the proposed budget shall be made available for public inspection for at least twenty days prior to the date set for adopting the budget. The date set for final action on the budget shall in like manner be made a matter of public notice for at least ten days prior thereto.

(b) Should it appear upon any revision of the proposed budget in such counties, after it has been published, that the estimated expenditures in the adopted budget would be increased more than ten per centum in the aggregate or more than twenty-five per centum in any function over the proposed budget as made available for public inspection, such revised budget shall not be adopted with any such increases therein, unless it be again made available for public inspection, and for protest of such increases, for a period of at least ten days after notice to that effect is published as hereinbefore provided.

(309.3 amended Dec. 14, 1967, P.L.825, No.354)

Section 309.4. In Counties of the Third to Eighth Classes Annual Budget Appropriations and Tax; Filing Budget.--In counties of the third to eighth classes, the budget shall reflect as nearly as possible the estimated revenues and expenditures for the year for which it is prepared. It shall be prepared on forms prepared and furnished as provided in this act. The commissioners shall, upon adopting the budget, adopt the appropriation measures required to put it into effect and shall fix such rate of taxation upon the valuation of the property taxable for institution district purposes as will, together with all other estimated revenues of the district, raise a sufficient sum to meet the said expenditures. Within fifteen days after the adoption of the budget, the commissioners shall file a copy thereof in the office of the Department of Internal Affairs.

(309.4 added Oct. 7, 1955, P.L.662, No.184)

Section 309.5. In Counties of the Third to Eighth Classes Supplemental Appropriation; Transfers of Funds; Appropriation Limits.--The commissioners in counties of the third to eighth classes may at any time, by resolution, make supplemental appropriations for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not otherwise appropriated, including the proceeds of any borrowing now or hereafter authorized by law. The commissioners may authorize the transfer of any unencumbered balance of any appropriation item or any portion thereof. During the last fifteen days of any fiscal year, the county commissioners shall have the power to authorize the transfer of any unencumbered balance, or any portion thereof, from any institution district fund to any county fund, and to reappropriate such moneys to the county.

No work shall be hired to be done, no materials purchased, no contracts made, and no order issued for the payment of any moneys by the commissioners, which will cause the sums appropriated to be exceeded.

(309.5 added Oct. 7, 1955, P.L.662, No.184)

Section 309.6. Amending Budgets in Counties of the Third Class; Notice.--During the month of January following any municipal election, the commissioners of any county of the third class may amend the budget and the levy and tax rate to conform with its amended budget. A period of ten days' public inspection at the office of the chief clerk of the proposed amended budget, after notice by the chief clerk to that effect is published once in a newspaper of general circulation as defined by the act of May 16, 1929 (P.L.1784), known as the "Newspaper Advertising Act," printed within the institution district, and, if not, then in a newspaper circulating generally in such institution district, shall intervene between the proposed amended budget and the adoption thereof. Any amended budget must be adopted by the commissioners of any county of the third class on or before the fifteenth day of February.

No such proposed amended budget shall be revised upward in excess of ten per centum in the aggregate or as to an individual item in excess of twenty-five per centum of the amount of such individual item in the proposed amended budget.

Within fifteen days after the adoption of an amended budget the chief clerk shall file a copy thereof in the office of the Department of Community Affairs.

(309.6 added Dec. 14, 1967, P.L.825, No.354)

Compiler's Note: The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.

Section 310. Fiscal Administration; Accounts and Audits.--(a) The commissioners of each county and the county treasurer shall keep accurate accounts of the moneys of the institution district. In the case of institution districts in counties having no county controller such accounts shall be audited by the county auditors. The commissioners and the treasurer, as officers of the institution district, shall be subject to the same fiscal supervision and control as are provided by law with respect to county funds.

(b) Subject to the power and duty of the county commissioners to manage and administer the fiscal affairs of the institution district in counties having a county controller, the county controller shall have general supervision and control of the fiscal affairs of the institution district and of the accounts and official acts of all officers or other persons who shall collect, receive or distribute the public moneys of the district or who shall be charged with the management or custody thereof. In counties of the third to eighth classes, the discretionary powers of the controller shall not be applicable to the management of the fiscal policies of the commissioners or to matters not involving the accounts and transactions of officers or other persons in the district, but he shall refuse to authorize any fiscal transaction which is by law subject to his supervision and control where it appears that such 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 he 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 district relating to their public accounts and transactions. In all counties the controller may at any time require from any of them in writing an account of all moneys or property which may have come into their control. He shall immediately on the discovery of any default or delinquency report the same to the commissioners who shall immediately take action to recover the money, and to the district attorney for such prosecution as may be warranted, and shall take immediate measures to secure the public moneys or property.

(c) The controller shall furnish the commissioners of the county whenever required by them a detailed account of any officer or other person having in his possession or under his control funds belonging to the institution district and shall between the hours of ten o'clock antemeridian and two o'clock postmeridian give information respecting any of said accounts to any taxpayer of the county demanding the same.

He shall have power and authority to require each and every county officer to make a quarterly statement with respect to moneys in his possession or control as an institution district officer showing the amount of cash on hand and the amount deposited in banks, banking institutions and trust companies, together with the names of such institutions. He shall have power to examine every such account of an institution district officer in any bank, banking institution or trust company to verify the accuracy of the statement of such officer, and it shall be the duty of every such bank, banking institution or trust company, its officers and agents, to furnish full information to the controller in relation to such account of such officer. 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 such information with respect to any account of an institution district officer.

(d) The county controller shall have the custody of all title deeds to real estate owned by the district and of all contracts entered into by or on behalf of the district and of all books, documents and papers relating to its financial affairs and of all bonds and other obligations issued by said district when paid. Such bonds and other obligations when so paid shall be distinctly cancelled by the controller and carefully and regularly filed, a register of which cancellation shall be kept by him in a book to be provided for that purpose.

(e) The controller shall keep a full and regular set of books in detail by double entry of all the fiscal operations of the institution district, embracing as many accounts under appropriate titles as may be necessary to show distinctly and separately all the property of the district, its receipts and expenditures, and all debts and accounts due by the officers of the district or others, and amount raised from each source of revenue, and the expenditures in detail and classified by reference to the objects thereof. He shall prescribe the form and manner of keeping the books and papers used by each of the officers of the district in connection with the fiscal affairs of the district. Where the controller prescribed a new system of accounting as to the fiscal affairs of the district offices, it shall be subject to the approval of the commissioners.

(f) He shall within ninety days after the close of the fiscal year make a report verified by oath or affirmation to the court of common pleas of the county of all receipts and expenditures of the institution district for the preceding year in detail and classified as required in the preceding section of this act, together with a full statement of the financial conditions of the district. Such report shall thereupon be published one time in such newspapers published in the county as the controller may direct, the aggregate cost of which shall not exceed five hundred dollars in any one year to be paid for out of the funds of the institution district. The report may also be published in printed pamphlets at the cost of the district, the number and cost thereof to be determined by the controller and the county commissioners. Such report may be published in conjunction with, and as a part of, the similar report of the fiscal affairs of counties. ((f) amended Dec. 14, 1967, P.L.825, No.354)

(g) The county treasurer as treasurer of the institution district shall receive all moneys due or accruing to the institution district. He shall keep a just and true account of all moneys received and disbursed. The books of the treasurer shall at all times during office hours be open to the inspection of the county controller. He shall report daily to the controller all moneys received by him for the district, the person by whom and on what account they were paid. The treasurer shall give his receipt for all moneys paid into the treasury of the institution district. Such receipts shall be countersigned by the controller who shall keep an accurate record of the same.

(h) The controller shall scrutinize, audit and decide on all bills, claims and demands whatsoever against the institution districts. All persons having such claims shall first present the same to the controller and if required make oath or affirmation before him to the correctness thereof. The controller may if he deems it necessary require evidence by oath or affirmation of the claimant and otherwise 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. He may inquire or ascertain whether any officer or agent of the district is interested in the contract under which any claim may arise or has received or is to receive any commission, consideration or gratuity relating thereto, or whether there has been any evasion of the law by making two or more contracts for small amounts which should have been in one. If he shall find that there has been any evasion or that any such officer or agent is so interested he shall refuse to approve the claim. In counties of the second class all claims which he shall find legally due he shall certify to the commissioners. The commissioners in such counties shall draw no warrant on the treasury for any debt, claim or demand whatsoever not audited and approved by the controller as provided for in this section.

(i) In counties of the second and second A class all warrants drawn on the treasury of the institution district by the commissioners shall be countersigned by the controller who shall keep a correct register thereof noting the number, date and amount of each, the date of payment and to whom and for what issued. The controller shall report to commissioners monthly, or oftener if required by them, the amount of outstanding warrant registered and the amount of money in the treasury. The treasurer shall pay no money out of the treasury of the institution district except on warrants drawn by a majority of the commissioners and countersigned by the controller. He shall cancel all warrants when paid by distinctly spearing or cutting them and shall deliver such warrants to the controller who shall also cancel the same. He shall report daily to the controller all moneys paid out by him, giving the number of the warrant and the party to whom paid. All outstanding warrants issued before the controller enters upon the duties of his office shall be presented to him as other claims against the district. ((i) amended Dec. 14, 1967, P.L.857, No.379)

(j) In counties of the third to eighth classes, the auditors shall audit, settle and adjust the accounts of all institution district officers, and make an annual report thereof, on or before the first Monday of March, to the court of common pleas, unless upon due cause shown the court shall grant an extension of time therefor. Said report shall be in detail, showing distinctly and separately all receipts and expenditures of the several offices, and all debts and accounts due, and the amount raised from each source of revenue, and the expenditures in detail and classified by reference to the object thereof, together with a full statement of the financial conditions of the institution district, and a statement of the balance due from or to such officers.

The auditors' report shall be prepared and placed in the printer's hands for publication within ten days after being filed in the court of common pleas, and shall be published once in such newspapers published in said county as the commissioners direct. The expense of the publication of said report shall be paid by the institution district.

(310 amended Oct. 7, 1955, P.L.662, No.184)

Section 310.1. In Counties of the Third to Eighth Classes Voucher Check System.--The controller in counties of the third to eighth classes shall draw and certify vouchers for all bills, claims and demands presented to him, which he approves and only for such as he approves, and shall forward the vouchers together with checks therefor with the bills, claims or demands to the county commissioners for their approval. If the county commissioners approve a voucher, at least two commissioners shall sign the check as properly drawn upon the county treasury. In such cases facsimiles of their signatures may be used. Thereupon the bill, claim or demand, and the voucher thereof, shall be returned to the controller for filing in his office and the check shall be forwarded to the county treasurer. The county treasurer shall sign the check as his draft upon the funds of the institution district in the county treasury, but the treasurer shall not sign any check not already signed, as herein provided, by the commissioners and the controller. Vouchers shall be numbered serially before the controller forwards them to the county commissioners and every check incident thereto shall bear the same serial number as the voucher as well as the number or numbers which may be put upon it or them by the county treasurer. If the county commissioners refuse to approve any bill, claim or demand, they shall return the same together with the voucher and check involved to the controller for filing in his office. In counties not having a controller, the county commissioners shall approve each transaction and the voucher and check shall be drawn by their chief clerk who shall keep files of the bills, claims or demands involved and of the vouchers. At least two commissioners shall sign the checks either personally or by facsimile, and they shall be forwarded, as hereinbefore provided, to the county treasurer for his signature. In all cases the cancelled checks shall be filed in the office of the county treasurer, but he shall transmit, at such times as the controller shall establish, a list of all checks paid from the funds of the institution district in the county treasury and not previously transmitted, giving their voucher serial numbers.

(310.1 added Oct. 7, 1955, P.L.662, No.184)

Section 310.2. In Counties of the Third to Eighth Classes Claims Not Approved by Controller.--If the controller in such counties does not approve a claim, bill or demand presented to him, he shall forward it to the county commissioners together with his notice that he has refused to approve the same and his reasons thereof. The county commissioners shall consider the claim, bill or demand and, if they consider that it should be paid by the institution district, they shall so notify the controller. If the controller thereafter continues to refuse his approval no payment shall be made thereon by the district except pursuant to an order of court upon a proper issue thereto directing the controller to approve payment.

(310.2 added Oct. 7, 1955, P.L.662, No.184)

Section 310.3. In Counties of the Third to Eighth Classes Controller's Register of Vouchers; Reports to Commissioners.--The controller in counties of the third to eighth classes shall keep a register of all vouchers drawn and a copy of each voucher. When the check or checks drawn upon each voucher has been paid by the treasury the controller shall cancel the voucher or otherwise indicate the payment. The controller shall report to the commissioners monthly or oftener, if required by them, the amount of outstanding checks registered and the amount of money in the treasury or the amount of any particular unencumbered appropriation items involved.

(310.3 added Oct. 7, 1955, P.L.662, No.184)

Section 311. Reports to Department of Internal Affairs.--Within sixty days after the close of each fiscal year of any county institution district, the county controller or the county auditors of each county shall report the financial condition of the district to the Department of Internal Affairs on forms furnished by the department. Any auditors or controller refusing or wilfully neglecting to file such report shall, upon conviction in a summary proceeding brought at the instance of the Department of Internal Affairs, be sentenced to pay a fine of five dollars ($5) for each day's delinquency and costs. All fines recovered shall be for the use of the Commonwealth.

(311 amended Oct. 7, 1955, P.L.662, No.184)

Section 312. Budget and Financial Report Forms.--The forms for the annual report to the Department of Internal Affairs, as required by this act, and the forms for the annual budget, shall be prepared by a committee consisting of three persons designated by the president of the Pennsylvania Association of County Commissioners, one representative from the Department of Welfare, and the Secretary of Internal Affairs or his agent who shall be a person trained in the field of municipal finance.

Such representatives of the Association of County Commissioners shall serve without compensation, but they shall be reimbursed by the Commonwealth for all necessary expenses incurred in attending meetings of the committee. The committee shall meet at the call of the Secretary of Internal Affairs or his agent who shall serve as chairman of the committee.

In the preparation of uniform forms for financial reports, the same shall be so arranged that corresponding information required to be reported to the Department of Welfare may be used for the information required to be furnished to the Department of Internal Affairs.

It shall be the duty of the Secretary of Internal Affairs to see to it that the forms required by this act are prepared in cooperation with said committee. In the event that said committee shall for any reason fail to furnish such cooperation, the Secretary of Internal Affairs or his agent shall complete the preparation of the forms. after they are prepared, he shall issue said forms and distribute them annually as needed to the commissioners.

Section 313. Viewers to Inspect New Buildings.--Whenever a new institution shall have been completed in a county, the commissioners shall certify the fact to the court of common pleas of said county, whereupon said court shall appoint three competent and disinterested persons, as viewers, to view and thoroughly examine said buildings, and report to the court whether the said contract or contracts have been faithfully and fully performed and completed, and until such report be so made final payment on said contract or contracts shall not be made. The said viewers shall be entitled to a sum not in excess of ten dollars per day, for each day necessarily engaged in the performance of their duties, as the court shall determine, to be paid from the funds of the institution district.

Section 314. Transfer of Dependents.--In counties where there was no county poor district or where no institution was maintained by a county poor district, the county commissioners shall, as soon as they are prepared to accommodate the dependents of their institution district, provide for their removal to the institution or institutions provided by the institution district, or to such other institution in another institution district with which provision has been made for the care of its dependents.

Section 315. Contracts.--It shall be the duty of the commissioners to purchase all supplies for the maintenance of the inmates of the institutions under their supervision, and to contract for and purchase all services and personal property for county institution district officers and agencies. They shall where possible anticipate the needs of the various officers and agencies of the district, and endeavor to purchase in wholesale quantities where practicable and where savings could be achieved thereby. The commissioners may make contracts and purchases for all purposes expressly or impliedly authorized by law.

All contracts and purchases made by the commissioners for the county institution district shall be made in the same manner and under the same procedure as if they were being made for the county, and shall be subject to the same restrictions, regulations and controls provided by law for county contracts and purchases.

The provisions of the second paragraph notwithstanding, the commissioners may enter into contracts and make purchases for hospitals which are part of the institution district, by purchasing off or participating in contracts for materials, supplies and equipment entered into by a nonprofit cooperative hospital service association.

(315 amended Apr. 18, 1978, P.L.61, No.30)

Section 316. Commissioners Not to Be Interested in Contracts.--It shall be unlawful for any commissioner to be concerned or personally interested, directly or indirectly, in any contract for furnishing supplies for the maintenance of the dependents of his institution district, or for the construction or improvement of property under his control. Any violation of the provisions of this act shall constitute a misdemeanor in office, and, upon conviction thereof, the party or parties so offending shall be fined in a sum not exceeding five hundred dollars, and shall be adjudged by the court to be removed from office.

Section 317. Bond for Protection of Labor and Materialmen.--It shall be the duty of every county institution district to require any person, copartnership, association or corporation entering into a contract with such institution district for the construction, erection, installation, completion, alteration, repair of, or addition to, any public work or improvement of any kind whatsoever, where the amount of such contract is in excess of five hundred dollars, before commencing work under such contract to execute and deliver to such institution district, in addition to any other bond which may now or hereafter be required by law to be given in connection with such contract, an additional bond, for the use of any and every person, copartnership, association or corporation interested, in a sum not less than fifty per centum and not more than one hundred per centum of the contract price, as such institution district may prescribe, having as surety thereon one or more surety companies legally authorized to do business in this Commonwealth, conditioned for prompt payment for all material furnished and labor supplied or performed in the prosecution of the work, whether or not the said material or labor enter into and become component parts of the work or improvement contemplated. Such additional bond shall be deposited with and held by the institution district for the use of any party interested therein. Every such additional bond shall provide that every person, copartnership, association or corporation who, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above provided, and who has not been paid therefor, may sue in assumpsit on said additional bond in the name of the institution district for his, their or its use, and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it, and have execution thereon: Provided, however, That the institution district shall not be liable for the payment of any costs and expenses of any such suit.

Section 318. Proceedings Where Eminent Domain Exercised.--In all proceedings for the exercise of eminent domain by a county institution district, the proceedings for the ascertainment of damages for property taken, injured or destroyed, shall be the same in all respects as provided by law for the exercise of the power of eminent domain by counties for county purposes.

ARTICLE IV

POWERS AND DUTIES OF

INSTITUTION DISTRICTS

Section 401. Powers and Duties as to Care of Dependents.--(Hdg. amended Sept. 17, 1965, P.L.523, No.266) The local authorities shall have the power, and it shall be their duty with funds of the institution district or of the city, according to rules, regulations and standards established by the State Department of Public Welfare--

(a) To care for any dependent, having a settlement in the county or city, who is not otherwise cared for: Provided, however, That no applicant for public nursing home care under the medical assistance for the aged provisions of the Public Assistance Law who resides in Pennsylvania shall be rendered ineligible for such care by lack of settlement in the county or city; ((a) amended Sept. 17, 1965, P.L.523, No.266)

(b) To contract with other local authorities for the care of any dependent; ((b) amended Sept. 17, 1965, P.L.523, No.266)

(c) To contract with any association in Pennsylvania organized to provide a home or employment for deaf and dumb or blind persons having a settlement in the county or city, or to care for any dependent having a settlement in the county or city who is deaf and dumb or blind or to help him through employment;

(d) To contribute moneys to the county to pay all or part of the county cost of maintaining children in foster homes and in institutions and homes for children;

(e) To pay the cost or part of the cost of the care and maintenance of mental and other patients confined in institutions, State mental hospitals, and other State institutions, in the same manner and to the same extent as provided by law in the case of poor districts, and to assume the obligations imposed by law on poor districts in respect to such care and maintenance. In like manner the Commonwealth shall be liable to institution districts, maintaining institutions for mental patients, for payment of part of the cost of the care and maintenance of such mental patients, in the same manner as provided by law in respect to the liability of the Commonwealth to poor districts;

(f) To take any other action authorized or required by law.

(g) To contract with any individual, association, corporation, institution or governmental agency, for the purpose of providing foster home care for persons over eighteen years of age if, in the discretion of the local authorities, such foster home care is advisable. The local authorities may expend funds for such foster home care in addition to any funds paid by the Commonwealth or any individual, association, corporation, institution or governmental agency to or for such persons over eighteen years of age; ((g) amended Sept. 17, 1965, P.L.523, No.266)

(h) To require that any person cared for in an institution as defined herein shall pay for the cost of his care to the extent of his available resources. ((h) added Aug. 7, 1961, P.L.938, No.414)

(i) To provide or to contract with any individual, association, corporation or governmental agency to provide care and services designed to help dependents and potential dependents to live outside of the county institution. ((i) added Sept. 17, 1965, P.L.523, No.266)

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Section 402. Care of Persons Referred by Department of Public Assistance.--The local authorities shall have power to care for any dependent or other indigent person in the county or city who is referred to them by the Department of Public Assistance or by a local board under its supervision, pending the determination of such person's legal settlement.

Section 403. Provision for Burial of Dependents and Other Persons.--Except as otherwise provided by law, the local authorities of any institution district shall provide for the burial of any person who dies in the county or city, unless his body is claimed by a relative by blood or marriage, or by a friend, or by his fraternal or veterans' organization, or by a charitable organization or by the Anatomical Board of the State of Pennsylvania, and is buried at the expense of such relative, friend or organization. No such burial shall cost more than three hundred dollars.

(403 amended Dec. 22, 1965, P.L.1162, No.455)

Section 404. Treatment of Persons in Danger of Hydrophobia.--The local authorities of every institution district shall provide with approved medical care and proper attendance (including the so-called Pasteur treatment, where prescribed) all indigent persons settled within their district who may be assumed to be in danger of suffering from hydrophobia or rabies by reason of having been bitten by an animal believed to have been suffering from said disease, and to order payment of the expenses so incurred out of the funds of the district or city for the care of dependents.

Section 405. Powers and Duties of Local Authorities As to Children.--The local authorities of any institution district shall have the power, and for the purpose of protecting and promoting the welfare of children and youth, it shall be their duty to provide those child welfare services designed to keep children in their own home, prevent neglect, abuse and exploitation, help overcome problems that result in dependency, neglect or delinquency, to provide in foster family homes or child caring institutions adequate substitute care for any child in need of such care and, upon the request of the court, to provide such service and care for children and youth who have been adjudicated dependent, neglected or delinquent.

No child under the age of sixteen years shall, unless he is mentally or physically handicapped, and no other care is available for him, be admitted to, or maintained in, an institution conducted by the local authorities other than a hospital or sanitarium.

(405 amended Dec. 1, 1965, P.L.1003, No.370)

Section 406. Contributions for Medical and Nursing Home Care.--The commissioners of each county and the city council of each city of the first and second classes shall have the power to make annual appropriations from the funds of the institution district or of the city for the support of any public institution operated, or to any nonprofit corporation organized, to give medical including nursing home care to the dependents and children of the county or of the city without discrimination as to membership in any organization or as to race or sect.

(406 amended Aug. 14, 1963, P.L.899, No.430)

Section 407. Inspections by Department of Welfare.--The institutions, and books, accounts, and records of each institution district, shall, at all times, be open to the inspection of the State Department of Welfare and its agents.

Section 408. Reports of Persons Applying for Treatment of Disease.--Each institution district shall make a record of all of the personal and statistical particulars relative to the inmates in their institutions, as directed by the State Department of Health, for statistical purposes, and thereafter such record shall be by them made for all future inmates at the time of their admission. In case of dependents admitted or committed for medical treatment of disease, the physician in charge shall specify for entry in the record the nature of the disease and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual dependent himself, if it is practicable to do so, and when they cannot be so obtained, they shall be secured in as complete a manner as possible from the relatives, friends or other persons acquainted with the facts.

Section 409. Rules and Regulations.--The local authorities of each institution district shall have power to make such rules and regulations, not inconsistent with this act and not inconsistent with the rules and regulations of the State Department of Welfare, as may be deemed proper, convenient, and necessary for the government of its institutions and to properly care for dependents.

Section 410. Providing Certain Services Without Charge Prohibited.--Notwithstanding any other provisions of law, the local authorities shall not provide without charge any items of care or service which an individual is entitled to receive as assistance under the "Public Assistance Law," but this section shall not be construed to preclude any local authority from supplementing such public assistance.

(410 added Aug. 7, 1961, P.L.938, No.414)

Section 411. Payments by Local Authorities for Assistance.--The local authorities shall pay monthly to the Department of Public Welfare, as such local authorities payment for assistance, the amount expended by the department during the preceding month as assistance on behalf of patients receiving public nursing home care in a medical institution of their county institution district, and on behalf of children in foster family homes and child-caring institutions, plus the cost of administering such assistance, minus the amount of Federal funds properly received or to be received by the Department of Public Welfare on account of such expenditures, increased or reduced, as the case may be, by any amount by which the sum paid for any previous month differed from the amount which should have been paid for such previous month and by the proportionate share of refunds for such assistance. As provided in the "Public Assistance Law," the Department of Public Welfare shall certify to the local authorities the amount to be paid by them to the department.

(411 amended Dec. 1, 1965, P.L.1003, No.370)

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Section 412. Limitation of Authority Respecting Public Assistance Recipients.--The local authorities shall not exercise supervision or control over the finances or services, other than medical or remedial care, provided as assistance to or on behalf of dependents who are recipients of assistance under the "Public Assistance Law."

(412 added Aug. 7, 1961, P.L.938, No.414)

ARTICLE V

SETTLEMENT AND REMOVAL

Section 501. Settlement.--(a) A legitimate person is first settled in the institution district of birth, unless the father shall then have a known settlement elsewhere, in which case the first settlement of such person is in the institution district where the father was then settled.

(b) An illegitimate person is first settled in the institution district of birth, unless the mother shall then have a known settlement elsewhere, in which case the first settlement of such person is in the institution district where the mother was then settled.

(c) The settlement of a person in an institution district continues until a new one is acquired in this Commonwealth or elsewhere. A settlement is lost only by acquiring a new one, except that a person who has settlement in this Commonwealth, and who is residing in another state, shall be deemed to have lost settlement in this Commonwealth if a person from such other state, in like circumstances, could have acquired settlement in this Commonwealth by residence in this Commonwealth, as hereinafter provided; and except that a person having settlement in this Commonwealth, who has been absent therefrom and who has been residing in another state, shall be deemed to have lost settlement in this Commonwealth if a resident of such other state, who is residing in this Commonwealth, would lose settlement in such other state as a result of absence therefrom for a period of equal duration or for a period of lesser duration. ((c) amended June 9, 1939, P.L.308, No.167)

(d) Except as hereinafter otherwise provided, every adult and every emancipated minor, whether married or single, legitimate or illegitimate, may acquire a new settlement in any institution district of this Commonwealth or in the Commonwealth by coming bona fide to establish a permanent abode therein and continuing to reside therein for one whole year, if such person or minor is of sufficient mental ability to make a bargain, and is not or does not become a public charge during said year.

(e) ((e) repealed Oct. 4, 1978, P.L.909, No.173)

(f) A minor, whether legitimate or illegitimate, cannot be emancipated before age sixteen, and becomes emancipated absolutely at age twenty-one, if then of sufficient mental ability to make a bargain. After age sixteen and before age twenty-one, a minor of sufficient mental ability to make a bargain may become emancipated by his own acts or the acts of the parent, stepfather or stepmother having had the custody. When a person is emancipated, he or she is capable of establishing a new settlement.

(g) A minor, whether legitimate or illegitimate, who is so mentally deficient as to be unable to make a bargain cannot be emancipated after age sixteen, and such a person does not become emancipated at age twenty-one and so long thereafter, as said mental condition continues. The settlement of such a person shall at all times during mental disability be ascertained as provided in clauses (h) and (i) of this section for the settlement of minors not emancipated.

(h) Before emancipation, the settlement of a legitimate minor is and remains that of the father, unless--

(1) The father is dead and the mother acquires a new settlement, in which case it follows that of the mother; or

(2) The father deserts his family, in which case it follows that of the mother; or

(3) The mother withdraws from cohabitation with the husband on account of his cruelty, inebriety or lack of support, in which case it follows that of the parent having the custody; or

(4) The parents are divorced, either absolutely or from bed and board, in which case it follows that of the parent having the exclusive custody, but where custody is divided between the parents the settlement remains that of the father; or

(5) Both parents are dead and the minor is in the custody of a stepfather or stepmother, in which case it follows that of the stepfather or stepmother having the custody.

(i) Before emancipation, the settlement of an illegitimate minor at all times follows that of the mother, and in case of her death before emancipation of such minor, continues in the institution district or place in which she was last settled, until such person establishes a new settlement after emancipation.

(j) If a person has no known settlement in this Commonwealth and cannot for any reason whatever be removed into the state or country where settled, he shall have a quasi-settlement in the institution district where he or she becomes a public charge, which district shall, if he be a dependent, be liable for his or her support, otherwise such liability shall be upon the Commonwealth.

(k) If a person becomes a public charge in an institution district other than the one in which settled, such institution district, if he be a dependent, otherwise the Commonwealth, shall be liable for support until the institution district, state or country of settlement is discovered, and removal to such institution district, state or country takes place. Any institution district of settlement shall be liable to the institution district in which the person became a dependent for the cost of care advanced and the expenses of removal.

Section 502. Removal to District of Settlement.--In case any person does not have a settlement in the institution district wherein he has become, or is likely to become, a dependent, it shall be the duty of the local authorities to notify the local authorities of the district of his settlement of the facts. If the local authorities, so notified, refuse or neglect to receive him or to make arrangements for his proper care and to pay the amount advanced, the local authorities furnishing such care may apply to the court of quarter sessions of their county, or to any judge thereof, by petition, asking for a citation to the local authorities, so refusing or neglecting, requiring them to appear before such court at a time specified therein, and to show cause why an order should not issue for the removal of such dependent into their institution district. The said court shall proceed to hear and determine the cause upon its merits.

The citation accompanied by a copy of the petition shall be served by the sheriff of the county, who may, for that purpose, deputize the sheriff of the county of the cited institution district, upon one or more of the local authorities named therein, or, with the approval of the court, service may be had by sending such copy by registered mail. The service or mailing shall be at least ten days before the day fixed for such hearing. Upon the hearing and argument before said court, it shall be lawful for either of the parties to the issue to except to any decision of the court upon any point of evidence or law, which exception shall be noted by the court and filed of record as in civil cases.

(502 repealed in part Apr. 28, 1978, P.L.202, No.53)

Section 503. Liability for Costs.--In case an order of removal is granted by any court of quarter sessions, the court, in the same order, shall require the institution district of settlement to pay the petitioners the cost of the proceedings, the expense of removal, and the proper charges for the care of the dependent, from the date of the notice first above provided for, all of which expense, cost, and charges shall be ascertained and allowed by the court. If an order of removal is refused, the cost of the proceeding shall be paid by the institution district petitioning therefor.

The court of quarter sessions shall have full and complete authority and jurisdiction to enforce by appropriate methods its orders or directions made in such proceeding.

ARTICLE VI

DISSOLUTION OF INDEPENDENT

POOR DISTRICTS

Section 601. Officers of Independent Poor Districts.--Every independent poor district, lying wholly or partly within any county, is hereby abolished, except to the extent necessary to liquidate its affairs as hereinafter provided. Each of the present poor directors of every such independent poor district is hereby removed from office. Each such poor director, who is now paid for his services, shall be employed by the commissioners of the county in which he resides, until his present term of office shall expire, in the administration of this act and in the liquidation of the affairs of the independent poor district, receiving his present annual salary. The office of poor auditor of every independent poor district is hereby abolished. The commissioners are hereby constituted the poor directors of every district lying in only one county for the purpose of paying its obligations. The commissioners of both counties are hereby constituted the poor directors of any poor district lying in two counties for the purpose of paying its obligations.

Section 602. Independent Poor Districts in One County.--(a) Where an independent poor district lies in only one county, the real and personal property of any such district coterminous with a municipality is hereby transferred to and vested in such municipality. Title to the real and personal property of any district lying in two or more municipalities is hereby transferred to and vested in such municipalities, in proportion to the last assessed valuations of real estate for county purposes in each of them, for which purpose, after all the obligations of the poor district have been paid, a decree of distribution shall be made by the court of common pleas, on petition of any municipality interested or of the county commissioners. Any such decree affecting the title to real estate shall be recorded in the office for the recording of deeds of the county: Provided, however, That the transfer and vesting of such property in municipalities shall be subject to the following conditions: The commissioners, as officers of an institution district, are hereby given possession of any real estate so transferred and vested, and of all tangible personal property used in connection with it. The commissioners shall remain in possession of such real and tangible personal property so long as they decide that the purposes of the institution district require it, or until they shall acquire the property by purchase or by right of eminent domain. During this period of possession, the institution district shall pay a fair rental, to be fixed and apportioned by the court of common pleas on petition of the commissioners or of any municipality interested, and this possession shall be good against any purchaser from the municipality. If the municipality shall receive a bona fide offer to buy any of the property so transferred and vested, the court shall, on petition by any municipality interested, require the commissioners, within a reasonable time, to be fixed by the court, to match the offer or to make a better offer, or to institute proceedings to take such property by eminent domain, and, if they do not do so, shall permit the municipality or municipalities to sell in compliance with such offer, free of the commissioners' right of possession.

(b) If an independent poor district has any outstanding obligations, the commissioners, as poor directors of the district, shall receive from the municipality or municipalities, and they shall pay to the commissioners, any moneys transferred or any money realized by the municipality or municipalities from any property transferred and vested by this section, not, however, exceeding the amount of such obligations, and the commissioners shall apply such sums to meet the obligations of the independent poor district. The commissioners, as poor directors of the independent poor district, shall have the power to levy and collect, annually, a special tax within the former independent poor district for the payment of such obligations not otherwise paid for, and for the payment of interest, State taxes, and sinking fund charges on bonds of the independent poor district heretofore or hereafter issued. The commissioners, as poor directors of the independent poor district, shall also have the power, with the approval of the Department of Internal Affairs, in the manner provided by law, to issue and negotiate bonds of the independent poor district to raise funds for the payment of the obligations of the independent poor district, and for the refunding of outstanding bonds issued by it. Such bonds shall be issued and sold in the manner provided by law for bonds of municipalities, and shall be payable at any time not exceeding twenty years from the date thereof. ((b) amended June 21, 1939, P.L.622, No.292)

Section 603. Independent Poor Districts in Two Counties.--(a) If an independent poor district lies in two or more municipalities and in more than one county, the property, real and personal, of the independent poor district is hereby transferred to and vested in such municipalities, in proportion to the last assessed valuations of their real estate for county purposes, after all the obligations of the poor district have been paid. For this purpose, the court of common pleas of the county, in which the real estate of the district is situate, shall have power to make a decree of distribution on petition of any municipality interested or of the commissioners of either county. Any such decree, affecting the title to real estate, shall be recorded in the office for the recording of deeds of the county in which such real estate lies: Provided, however, That the transfer and vesting of such property in municipalities shall be subject to the following conditions: The commissioners of both counties as officers of the institution districts are hereby given possession of any real estate so transferred and vested, and of all tangible personal property used in connection with it, and shall remain in possession of such real and tangible personal property so long as a majority of the commissioners of each county shall decide that the purposes of the two institution districts require it, or until one or both of the institution districts shall acquire the property by purchase or by right of eminent domain. If a majority of the commissioners of either county shall decide that they no longer require such property for the purposes of their institution district, the commissioners of the other county may remain in possession of the property so long as they shall decide that the purposes of their institution district require it. During this period of possession, the institution district or districts in possession shall pay a fair rental, to be fixed and apportioned by the court of common pleas having jurisdiction, on petition of the commissioners of either county or of any municipality interested. Such possession shall be good against any purchaser from the municipalities. If the municipalities shall receive a bona fide offer to buy any of the property so transferred and vested, the court of common pleas having jurisdiction shall, on petition by any municipality interested, require the commissioners of each county, within a reasonable time, to be fixed by the court, to match the offer or to make a better offer, or to take the property by right of eminent domain, and, if they do not do so, the court shall permit the municipalities to sell in compliance with such offer, free of the commissioners' right of possession. The right of eminent domain shall be exercised only by the commissioners of the county in which the property to be taken is situated.

(b) If the independent poor district has any outstanding obligations, the commissioners of both counties, as poor directors of the independent poor district, shall receive from the municipalities, and they shall pay to the commissioners, any money transferred or any moneys realized by the municipalities from any property transferred and vested by this section, not, however, exceeding the amount of such obligations, and the commissioners shall apply such sums to meet the obligations of the independent poor district. The commissioners of both counties, as poor directors of the independent poor district, shall have the power to levy and collect, annually, a special tax within the former independent poor district for the payment of such obligations not otherwise paid for.

(c) If a majority of the commissioners of each county cannot agree as to the exercise of any power or the performance of any duty imposed on them by this section, the dispute shall be settled by an order of the court of common pleas having jurisdiction on petition of any party in interest.

(d) The court of common pleas of the county, in which the real estate of the independent poor district is situate, shall have exclusive jurisdiction of all proceedings brought in accordance with this section.

(e) On petition of any party in interest, the Supreme Court shall designate a judge to sit specially to decide any matter arising under the provisions of this section.

Section 604. Appointment of Auditors.--In any proceeding in any court of common pleas under the provisions of this article, the court shall have power, on its own motion, to appoint an auditor to take testimony in such proceeding and make report thereof, together with his recommendations to the court. The compensation of such auditor shall be fixed by the court and paid as the court may direct.

Section 605. Final Dissolution of Independent Poor Districts.--When the property of a district has been distributed as above provided and all of its obligations have been paid, it shall cease to exist.