Pennsylvania Act 2018-154 — COUNTY CODE - OMNIBUS AMENDMENTS

Act text

| COUNTY CODE - OMNIBUS AMENDMENTS | | | | --- | --- | --- | | | Act of Oct. 24, 2018, P.L. 931, No. 154 | Cl. 16 |

Session of 2018

No. 2018-154

SB 1005

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled, "An act relating to counties of the first, third, fourth, fifth, sixth, seventh and eighth classes; amending, revising, consolidating and changing the laws relating thereto; relating to imposition of excise taxes by counties, including authorizing imposition of an excise tax on the rental of motor vehicles by counties of the first class; and providing for regional renaissance initiatives," making extensive revisions relating to preliminary provisions; names and corporate powers, classification of counties; fixing and relocating lines and boundaries; county officers; county commissioners and chief clerks; controller; auditors; treasurer; county solicitor; engineer; sheriff and coroner; prothonotary, clerks of court, clerk of orphan's court, register of wills, recorder of deeds; district attorney, assistants and detectives; salaries of county officers; fees of salaried county officers, salary boards, payment of solicitors appointed by county officers; fiscal affairs; contracts and special powers and duties of counties; public health; aeronautics; grounds and buildings; eminent domain and injury to property; recreation places; bridges, viaducts and culverts and roads; providing for military and veterans affairs; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The title of the act of August 9, 1955 (P.L.323, No.130), known as The County Code, is amended to read:

AN ACT

Relating to counties of the first, second class A, third, fourth, fifth, sixth, seventh and eighth classes; amending, revising, consolidating and changing the laws relating thereto; relating to imposition of excise taxes by counties, including authorizing imposition of an excise tax on the rental of motor vehicles by counties of the first class; and providing for regional renaissance initiatives.

Section 2. Section 102 of the act, amended April 20, 2016 (P.L.134, No.18), is amended to read:

Section 102. Applicability.--(a) Except incidentally, as in sections 108, 201, 210, 211, 401 and 1401 or as provided in section 1770.12 , Article XII-B and Article XXX, this act does not apply to counties of the first[, second A,] or second classes.

(b) Except where otherwise specifically limited, this act applies to all counties of the second A, third, fourth, fifth, sixth, seventh and eighth classes.

Section 3. The act is amended by adding a section to read:

Section 102.1. Definitions.--The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"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, foot paths, 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.

Section 4. Sections 103, 104, 105, 106, 107 and 108 of the act are amended to read:

Section 103. Excluded Provisions.--This act does not include any provisions of, and shall not be construed to repeal:

(1) [The Municipal Borrowing Law, approved June twenty-five, one thousand nine hundred forty-one (Pamphlet Laws 159)] 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) .

(2) [The Pennsylvania Election Code,] Except as otherwise provided in section 3903, the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code," approved June three, one thousand nine hundred thirty-seven (Pamphlet Laws 1333).

(4) The Local Health Administration Law, approved August twenty-four, one thousand nine hundred fifty-one (Pamphlet Laws 1304).

(5) [The Municipal Unclaimed Moneys Act, approved May seventeen, one thousand nine hundred forty-nine (Pamphlet Laws 1403).] Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code."

(6) [Any] Except where otherwise expressly provided, any law relating to the collection of municipal and tax claims.

(7) [Except as provided under subdivision (e) of Article XVII, any] Any law relating to the assessment and valuation of property and persons for taxation.

(8) Any law relating to the giving of county consent to public [utility corporations] utilities .

(9) Any law relating to State highways.

(10) Any law relating to the validation of elections, bonds, resolutions and accounts of corporate officers.

(11) Any law relating to collections by county officers of moneys for the Commonwealth, and the issuance of State licenses.

(12) Any law relating to the government and regulation of jails, prisons and other correctional institutions and the commitment thereto, and maintenance and care of prisoners or inmates therein.

(13) Any law relating to civil and criminal procedure, except special provisions concerning action.

(14) Any law relating to joint county and municipal buildings and works.

(15) Any law relating to county libraries, except law libraries.

(16) Any law relating to the recording of deeds, mortgages or other instruments in writing.

(17) Any law relating to the re-binding, re-indexing and transcribing of records in county offices.

(18) Any law relating to the fees of county officers, except as any such acts are repealed by [section two thousand nine hundred one] Article XXXIX of this act.

(19) Any temporary law.

(20) Any amendment or supplement of any of the laws referred to in this section.

(21) [The Public Utility Law, approved May twenty-eight, one thousand nine hundred thirty-seven (Pamphlet Laws 1053)] 66 Pa.C.S. Pt. I (relating to public utility code) .

Section 104. Saving Clause.--(a) The provisions of this act, as far as they are the same as those of existing laws, shall be construed as a continuation of such laws, and not as new enactments. The repeal by this act of any provisions of law, shall not revive any law [heretofore] previously repealed or superseded, nor affect the existence or class of any county [heretofore] previously created. The provisions of this act shall 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 [such] the repealed laws.

(b) All ordinances, resolutions, regulations and rules, made pursuant to any act [of Assembly] repealed by this act, shall continue with the same force and effect as if [such] the act had not been repealed. All local acts [of Assembly] applying to particular counties, not specifically repealed, shall continue in force, and any provisions of this act inconsistent [therewith] with local laws shall not apply to the counties affected by [such] the local laws, unless [such] the application is clearly indicated.

(c) All acts and parts of acts [of Assembly] relating to counties, or to particular classes of counties, in force [at the time of the adoption of this act] as of January 1, 1956 , and not repealed [hereby] by this act , shall remain in force in the same manner and with the same effect as prior to the adoption of this act.

(d) This act shall be considered a continuation of the act of July 28, 1953 (P.L.723, 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 section 3901 of this act shall 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 the effective date of this subsection.

Section 105. Holding of Office.--Any person holding elective office under any act [of Assembly] repealed by this act shall continue to hold [such] the office until the expiration of the person's term [thereof], subject to the conditions and salary attached to [such] the office prior to the passage of this act.

Section 106. Construction of References.--Whenever in this act reference is made to any act [by title, or name, such] , the reference shall also apply to and include any codifications wherein the provisions of the act referred to are substantially reenacted or to reenactments, revisions or amendments of the act.

Section 107. Constitutional Construction.--The provisions of this act shall be severable, and, if any of its provisions are held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act. It is hereby declared as a legislative intent that this act would have been adopted by the General Assembly had [such] the unconstitutional provisions not been included [therein] within this act .

Section 108. Legislation According to Class.--The affairs of counties [are herein and shall hereafter] shall be legislated for and regulated by general laws, applicable to all counties, or to particular classes, as [herein] fixed and appointed by this act . All laws adopted by the General Assembly for one or more of the classes [herein] fixed and appointed by this act shall be deemed to be general laws.

Section 5. The act is amended by adding a section to read:

Section 108.1. Collection of Tax on Real Property from Rent Paid to Owner in County of the Second Class A.--(a) Where the owner of any 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 pursuant to 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 that property, the county treasurer shall notify the property owner in writing of the property owner's duty to remit that rental income to the office of the county treasurer. The rent remitted shall be applied to the amount of tax owed to the county, along with any interest or penalties due, until the claim is paid in full.

(b) The notice of the county treasurer shall include the amount of the claim on the property, including interest and penalties, and the date or dates the rental income is to be remitted. If, after fifteen 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 provided for in the Municipal Claim and Tax Lien Law.

Section 6. Section 109 of the act is amended to read:

Section 109. Proceedings for Recovery of Penalties.--Unless [herein] otherwise specifically provided[, in every case in which] in this act, when any pecuniary penalty or forfeiture is imposed by this act, the proceeding for the recovery of the same shall be by indictment in the court of [quarter sessions] common pleas , or by civil action as debts of equivalent amount are by law recoverable. [Aldermen or justices of the peace] Magisterial district judges shall not have jurisdiction of any suit or action for the recovery of any penalty imposed by this act for official misconduct. Such suit or action, when brought in the court of common pleas, shall have preference for trial over all other actions.

Section 7. The act is amended by adding a section to read:

Section 109.1. Collection of Tax and Municipal Claims by Suit; Limitations.--(a) 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 any tax or municipal claim owed to the county against any owner or owners of the property owing the tax or municipal claim to the county by a civil action or other appropriate remedy. To each judgment obtained for the taxes or municipal claim, there shall be added a penalty of ten per centum, interest at the prevailing legal rate and costs of suit. Upon judgment, execution may be issued without any stay or benefit of any exemption law.

(b) The right of a county to collect unpaid taxes or municipal claims owed to the county under the provisions of this section shall 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.

(c) A civil action brought to recover unpaid taxes or municipal claims owed to the county shall be commenced within twenty 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 any claim other than that for taxes or improvements.

(d) The remedy granted under this section shall be applied retroactively.

Section 8. Sections 110, 202, 210, 211, 301, 302, 303, 304, 305, 306, 401, 402 and 403 of the act are amended to read:

Section 110. Publication of Legal Notices.-- (a) Whenever, under the provisions of this act, advertisement, notice or publication is required to be published in one newspaper, [such] the publication shall be made in a newspaper of general circulation as defined [by the act, approved May sixteen, one thousand nine hundred twenty-nine (Pamphlet Laws 1784), known as the "Newspaper Advertising Act,"] in 45 Pa.C.S. § 101 (relating to definitions), printed in the county, unless the matter in connection with which the advertising is being done affects only a political subdivision, in which case [such] the advertisement shall be published in a newspaper printed in [such] the political subdivision, if there is such a newspaper and, if not, then in a newspaper circulating generally in [such] the political subdivision. If [such] notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation[, defined as aforesaid], printed, if there [be] is such a newspaper, or circulating generally in the county , as [above] provided [in the county] above .

(b) When [such] the notice relates to any proceeding or matter in any court, or the holding of an election for the increase of indebtedness, or the issue and sale of bonds to be paid by taxation, [such] 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 [such] the publication [be] is dispensed with by special order of court. All ordinances, auditors' reports, controllers' reports, or advertisements, inviting proposals for public contracts and for bids for materials and supplies, shall be published only in newspapers of general circulation[, as hereinbefore defined].

Section 202. General Powers.--Each county shall have capacity as a body corporate to:

(1) Have succession perpetually by its 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 [such] real and personal property as shall be deemed to be for the best interests of the county.

(4) Make contracts for carrying into execution the laws relating to counties and for all lawful purposes.

(5) Have and use a seal which shall be in the custody of the commissioners [thereof]. The official acts of the commissioners shall be authenticated [therewith] with the seal . The commissioners may prescribe the form of [such] the seal.

(6) To make appropriations for any purpose authorized by this or any other act of the General Assembly.

Section 210. Counties Divided Into Nine Classes.--For the purposes of legislation and the regulation of their affairs, counties of this Commonwealth, now in existence and those hereafter created, shall be divided into nine classes as follows:

(1) First Class Counties, those having a population of 1,500,000 inhabitants and over.

(2) Second Class Counties, those having a population of [800,000] 1,000,000 and more but less than 1,500,000 inhabitants.

(2.1) Second Class A Counties, those having a population of 500,000 and more but less than [800,000] 1,000,000 inhabitants.

(3) (i) Third Class Counties, those having a population of 210,000 and more but less than 500,000 inhabitants.

(ii) After the results of any Federal Decennial Census are published, any county of the third class having a population of 500,000 inhabitants and over may elect not to become a county of the second class A by enacting an ordinance or adopting a resolution of the [Board of County Commissioners] 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.

(4) Fourth Class Counties, those having a population of 145,000 and more but less than 210,000 inhabitants.

(5) Fifth Class Counties, those having a population of 90,000 and more but less than 145,000 inhabitants.

(6) Sixth Class Counties, those having a population of 45,000 and more but less than 90,000 inhabitants and those having a population of 35,000 and more but less than 45,000 inhabitants which by ordinance or resolution of the [Board of County Commissioners] commissioners elect to be a county of the sixth class.

(7) Seventh Class Counties, those having a population of 20,000 or more but less than 45,000 inhabitants and those having a population of 35,000 and more but less than 45,000 inhabitants which have not elected to be a county of the sixth class.

(8) Eighth Class Counties, those having a population of less than 20,000 inhabitants.

Section 211. Ascertainment, Certification and Effect of Change of Class.--(a) The classification of counties shall be ascertained and fixed according to their population by reference from time to time to the decennial United States census as [hereinafter provided, deducting therefrom] provided in this section, less the number of persons residing on any lands that have been ceded to the United States.

(b) Whenever it shall appear by any [such] decennial census that [any] a county has attained a population entitling it to an advance in classification, or whenever it shall appear by the last two preceding censuses that a county has [heretofore or hereafter] decreased in population so as to recede in classification, as [herein prescribed] provided in this section , it shall be the duty of the Governor, under the great seal of this Commonwealth, to certify that fact accordingly, to the [board of county] commissioners on or before the first day of October of the year succeeding [that] the year in which the census was taken [or as soon thereafter as may be], which certificate shall be forwarded by the commissioners to the recorder of deeds and be recorded in [his] the recorder's office.

It is the intent of this section that the classification of any county shall not be changed because its population has decreased at the time of one United States decennial census, because it is recognized that a change in the form of local government is attended by certain expense and hardship, and [such] the change should not be occasioned by a temporary fluctuation in population, but rather only after it is demonstrated by two censuses that the population of a county has remained below the minimum figure of its class for at least a decade.

(c) Changes of class ascertained and certified [as aforesaid] shall become effective on the first day of January next following the year in which the change was [so] certified by the Governor to the county commissioners but the salaries of county officers shall not [thereby] be increased or decreased during the term for which they shall have been elected. In the municipal election following [such] the certification of change of class and preceding the effective date of [such] the change, the proper number of persons shall be elected to fill any elective office which will exist in the county by the change of classification certified. No election shall be held for any office which will be abolished as a result of [such] a change of classification.

Section 301. Petition to [Superior] Commonwealth Court.--(a) The boundary line between any two or more adjoining counties may be determined, surveyed, [relocated] established or marked in the manner provided by this article.

(b) Such a proceeding shall be instituted on petition of any taxpayer, the [county] commissioners or the [corporate authorities] governing body of any political subdivision of any of the counties involved.

Section 302. [Superior] Commonwealth Court to Designate Neutral Court; Appointment of Commission.--(a) The court, upon the filing of such 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 [so designated] shall sit in its home county.

(b) If it appears to the [court so] designated court that the county line, or any part thereof, shall be surveyed or marked, it shall appoint a boundary commission, composed of three surveyors or professional engineers [in civil engineering,] 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 as hereinafter provided.

Section 303. Compensation, Assistants and Expenses.--(a) The surveyors or professional engineers [in civil engineering] composing [such] the boundary commission shall each receive such compensation as the court shall fix for the time necessarily spent in the discharge of their duties and[, in addition thereto,] shall also be reimbursed the necessary expenses incurred by them respectively while engaged upon the work of [such] the commission.

(b) The boundary commission may employ such assistants as the court shall allow, at a compensation to be fixed by the court[, and such assistants shall be reimbursed the actual necessary expenses incurred by them respectively while employed by such commission]. Assistants shall also be reimbursed for actual necessary expenses incurred while employed by the commission.

(c) All costs, including the necessary expenses of advertising the meeting of the boundary commissioners as hereinafter provided, and in procuring and setting the permanent monuments [needful] necessary to mark [in a permanent manner such] the county line, the expenses of the boundary commission and its assistants and all other expenses necessarily incurred, shall be paid by the interested counties jointly, in equal parts, or by any party or parties to the proceeding as the court may direct, upon presentation of properly itemized bills, duly verified by affidavit of the person claiming payment or [some one on his] someone on the person's behalf.

Section 304. Oath; Organization and Duties.--(a) The members of the boundary commission shall take and subscribe [an oath to perform their duties impartially and with fidelity] the oath as provided in 53 Pa.C.S. § 1141 (relating to form of oaths of office) prior to assuming duties with the commission .

(b) The boundary commission shall meet and organize within two weeks of its appointment. It shall select from its membership a chairman and also a secretary who shall keep a full record of the proceedings and work of the commission. [Before entering upon its duties, it shall designate, by advertisement] The commission shall advertise in not more than two newspapers published in each of the counties concerned, a time and place of meeting, when and where parties interested shall be heard. After [such] the hearing, it shall, without unreasonable delay, ascertain the location, and survey and mark with [suitable] permanent monuments [of a permanent character] the existing county line between such counties[, if it shall consider such old county line a proper one].

Section 305. Authority to Fix [New] Undetermined County Line.--(a) When the boundary commission [has ascertained, located and determined said line, if it appears to it that the existing county line, from any cause whatever, has become inconvenient for any purpose, or improper, difficult to ascertain, or not related to the natural or other land marks, the commission] cannot determine, ascertain or locate the existing county line, it shall so report [these facts, or any of them,] to the court of [quarter sessions having appointed the commission] common pleas , with a recommendation that a new county line be established in whole or in part.

(b) [Thereupon, if said] If the court shall be of opinion that it is [to the interest and advantage of the respective counties] necessary that a new county line be established, [they may] it shall direct [said] the boundary commission to fix and determine a new county line [and] , to mark the same with [suitable] permanent monuments [of a permanent character] and to prepare the report as provided in section 306 .

[(c) Notice shall be given to the counties interested, and to the owners of all lands which will be affected by the proposed change, of the time when the recommendation of the commission for a new county line will be considered by the court.]

Section 306. Report of Boundary Commission; Approval by Court; Certification of Line.--(a) The boundary commission[, or a majority thereof, shall make a report, in writing, and attach thereto] shall prepare a written report containing a map or draft showing the courses and distances of the line ascertained and designated by them as the existing county line, or where they may have been directed to fix and determine a new county line, such map or draft[, in lieu thereof,] shall instead show the courses and distances of new county line. In either case, the map or draft shall also show the lands through which said line passes and the buildings in close proximity thereto, together with the roads and streams crossed by or near to such line.

(b) The report and map, signed by a majority of the members of the commission [or a majority of them], shall be filed in the court of [quarter sessions] common pleas having been given jurisdiction, and if approved by such court, shall be ordered recorded in the records thereof.

(b.1) Written notice shall be given by the boundary commission to the counties interested, and to the owners of all lands which will be affected by the proposed change, of the time when the report containing the recommendation of the boundary commission will be considered by the court.

(b.2) A copy of the report and approval shall be certified by the [clerk of the court] prothonotary to the [clerk of the court of quarter sessions] prothonotary of each county affected, where it shall be recorded in the records. The line so ascertained, surveyed and fixed and so marked shall [thenceforth] , as of the date of the certification, be the boundary line between the counties.

(c) The [clerk of the court of quarter sessions] prothonotary , having determined the matter, shall certify the approval of the court on two copies of the report and map filed in [this] the prothonotary's office and, within thirty days, transmit a copy by mail to the Secretary of [Internal Affairs, to be by him deposited in his department, and another to the Department of Highways] Community and Economic Development, the Department of Transportation and the Department of Conservation and Natural Resources .

Section 401. Enumeration of Elected Officers.--(a) In each county, there shall be the following officers 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 all counties where the office of auditor has heretofore been or shall hereafter 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 [quarter sessions and of the court of oyer and terminer] common pleas .

(8) [One] 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 where the office of jury commissioner has been abolished .

(b) [All] Except as provided in subsection (b.1), all such officers shall be elected at the municipal election next preceding the expiration of the terms of the officers now in office, and quadrennially thereafter, and shall hold their offices for a term of four years from the first Monday of January next after their election and until their successors shall be duly qualified, but in the event that any [such] officer so elected, excepting a county commissioner or auditor, shall fail to qualify, or if no successor shall be elected, then 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 pursuant to section 409 or until the first Monday in January following the next municipal election, whichever period is shorter. In the case of a county commissioner or auditor, there shall be a vacancy which shall be filled as provided in this act.

(b.1) In the event that any officer in a county of the second class A, other than a county commissioner, shall fail 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.

(c) All the county officers enumerated in this section shall remain as now constituted. This section does not create any office in any county where such office does not now exist.

(d) The office of jury commissioner may be abolished by referendum at the option of each county which on the effective date of this subsection is a county of the third class having a population under the 1990 Federal decennial census in excess of 237,000 residents, but less than 240,000 residents, or a population under the 1990 Federal decennial census in excess of 337,000 residents, but less than 341,000 residents, whenever electors equal to at least five per centum of the highest vote cast for any office in the county at the last preceding general election shall file a petition with the county board of elections, or the governing body of the county adopts, by a majority vote, a resolution to place such a question on the ballot and a copy of the resolution is filed with the county board of elections for a referendum on the question of abolishing the office of jury commissioner. Proceedings under this subsection shall be in accordance with the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." Upon approval of the referendum the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office. The referendum shall not take place in any year in which the office of jury commissioners is on the ballot.

(e) The office of jury commissioner may be abolished in a county of the third class having a population during the 2000 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.

(f) 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 or third through 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.

Section 402. Incompatible Offices.--(a) No elected county officer or , in counties of the third through eighth class, county solicitor , if the county solicitor is an individual, shall, at the same time, serve as a member of the legislative body of any [city, borough, town or township of any class, nor as treasurer or tax collector of any city, borough, incorporated town or township,] municipal corporation nor as school director of any school district, nor as a member of any board of health.

(a.1) Except as otherwise authorized by law, no elected county officer or county solicitor, if the county solicitor is an individual, of a county of the third through eighth class shall, at the same time, serve as treasurer or tax collector of any municipal corporation.

(b) No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall, at the same time, hold or exercise any county office in this State to which a salary, fee or perquisites are attached. This section shall not apply to [United States Reserve Officers or enlisted personnel] members of the National Guard or other reserve component of the armed forces not called into active duty.

Section 403. Oath of Office.--(a) In addition to any oath or affirmation required by any other act of Assembly, all county officers, their deputies, assistants and clerks, shall, before entering on the duties of their respective offices or employments, take and subscribe the [following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States, and the Constitution of this Commonwealth; and that I will discharge the duties of my office (or employment) with fidelity; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing to procure my nomination or election (or appointment), except for necessary and proper expenses expressly authorized by law; that I have not knowingly violated any election law of this Commonwealth, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-performance of any act or duty pertaining to my office (or employment) other than the compensation allowed by law".] oath as provided in 53 Pa.C.S. § 1141 (relating to form of oaths of office).

(b) The foregoing oath shall be administered by some person authorized to administer oaths, and shall be filed in the office of the prothonotary of the county in which the same is taken. Any person refusing to take said oath or affirmation shall forfeit his office. Any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury . [, and shall be subject to such penalties as are provided therefor in the act, approved June twenty-four, one thousand nine hundred thirty-nine (Pamphlet Laws 872), known as The Penal Code, and be forever disqualified from holding any office of trust or profit within this Commonwealth.]

Section 9. Section 403.1 of the act is repealed:

[Section 403.1. Compensation When Salary Not Fixed by Law.--In counties where no annual salary is fixed by law for the county treasurer, he shall receive in full compensation for his services on behalf of the county a certain amount per centum on all moneys received and paid by him, which rate shall be settled, from to time, by the county commissioners with the approbation of the county auditors.]

Section 10. Sections 404, 405, 406, 407, 408, 409, 410 and 411 of the act are amended to read:

Section 404. Officers to Have Commissions Recorded.--Every county officer receiving a commission from the Governor shall, immediately, deliver the same to the recorder of deeds for recordation [at the expense of such officer]. No [such] officer shall execute any of the duties of [his] office until [he has so delivered the said commission] the commission has been delivered .

Section 405. Location of Offices, Records and Papers.--(a) The commissioners, auditors, controller, treasurer, sheriff, recorder of deeds, prothonotary, clerk of courts [of quarter sessions and oyer and terminer], clerk of orphans' court, register of wills[, recorder of deeds] and district attorney shall keep their respective offices, and all public records and papers [belonging thereto] of those offices , at the county seat, and in such buildings as may be erected or appropriated for such purpose.

(a.1) The [county] commissioners shall have the power to keep and maintain records and to 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 [president judge and 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 and 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 [means of an electronic telecopying system] any electronic means or facility which will permit the retrieval of the records or exact copies thereof within [three] five business days.

County records used on a regular or frequent basis shall remain in the county seat.

(a.2) The commissioners of counties of the second class A shall have the power to 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, shall have the power to impose a fee on civil or criminal cases filed in the court of common pleas. The fees will be collected by the appropriate row officer and deposited in 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 such an office, 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.

(b) The [county] commissioners shall , after consultation with the officer, furnish each [of such officers] officer with an office and additional space in the county building, court house or other building at the county seat sufficient to perform the duties of the office .

(c) Any [person] officer failing or refusing to maintain [his] the office and to keep all public records and papers [belonging thereto] of the office in the buildings appropriated for such purpose in accordance with the provisions of this section, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to undergo imprisonment until [he] the officer complies with the provisions of this section, or until sooner discharged by order of the court, and to pay a fine not exceeding five hundred dollars ($500), to be paid to the use of the county.

Section 406. Records Open to Inspection.--[(a) The minute book and other fiscal records and documents of every county may be open to the inspection of any taxpayer thereof, but the proper officers may make reasonable rules and regulations respecting the time of such inspection.

(b) In case any officer shall refuse to permit the inspection of any fiscal record or document the taxpayer may, by petition to the court of common pleas of the county, set forth his reasons for desiring to make such inspection, and, if the court deems such reasons proper, it shall order the officer to permit the inspection to be made.] Except as otherwise provided by this act, records of county offices shall be open for inspection subject to the rules and regulations provided in the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to- Know Law."

Section 407. Officers to Secure Funds, Records, Books, Et Cetera, from Predecessors.--(a) Any person, elected or appointed, and duly commissioned to any county office, shall demand and receive all records, books, drafts, plans, papers, seals or other official things, including all public funds held in [such] the office, and not otherwise provided for by Article XIII.1 of the [act, approved May seventeen, one thousand nine hundred forty-nine (Pamphlet Laws 1403), known as the Municipal Unclaimed Moneys Act,] act of April 9, 1929 (P.L.343, No.176), known as "The Fiscal Code," belonging to [such] the office from the person or persons who held the office immediately before [his] the officer's election or appointment, or from any other person or persons holding or possessing them.

(b) Any person detaining from such a county office any records, books, drafts, plans, papers, seals or other official things, including public funds, as herein provided, belonging to [such] an office after reasonable demand [therefor] has been made , shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to undergo imprisonment until the delivery of any such official things found to be in [his] the person's possession or control to the proper officer, or until sooner discharged by order of the court, and to pay a fine not exceeding five hundred dollars ($500), to be paid to the use of the county.

Section 408. Deputies to Act in Certain Cases.--(a) Whenever any county officer is authorized or required to appoint a deputy or deputies, such deputy or principal deputy, where there are more than one, shall, during the necessary or temporary absence of [his] the deputy's principal, perform all duties of such principal, and also, in case of a vacancy or as provided in section 401(b), until a successor is qualified. While fulfilling these duties, in the case of a vacancy, in counties of the third through eighth classes, the deputy shall receive the salary provided by law for the principal or the salary provided for the deputy, whichever is greater.

(b) No person temporarily succeeding to any county office by reason of the death, resignation or removal of the duly elected or appointed officer, shall execute any of the duties of such office until [he] that person has first taken oath and filed the bond required of the principal officer.

Section 409. Vacancies Not Otherwise Provided For.--[In] (a) Except as otherwise provided in subsection (b), in case of a vacancy, happening by death, resignation or otherwise, in any county office created by the Constitution or laws of this Commonwealth, and where no other provision is made by the Constitution, or by [the provisions of] this act, to fill the vacancy, it shall be the duty of the Governor to appoint a suitable person to fill such office, who shall continue [therein] to hold and discharge the duties [thereof] of the office until the first Monday in January following the next municipal election occurring not less than ninety days after the occurrence of the vacancy, or for the balance of the unexpired term, whichever period is shorter. If there is a municipal election occurring not less than ninety days after the occurrence of the vacancy, other than the one at which the office ordinarily is filled, then the office shall be filled at that election for the balance of the unexpired term. Such appointee shall be confirmed by the Senate if in session.

(b) In counties of the second class A, the appointed person shall continue in office and discharge the duties of the office for the balance of the unexpired term.

(c) The Governor shall discharge the duties set forth in 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."

Section 410. County Officials to Furnish Information to Heads of the Governmental Departments.--(a) It shall be the duty of all county officers to furnish, on application [therefor,] to the head of any department of the State government [such] information and copies of [such] records or documents contained in their respective offices, as in the opinion of [such] the head of department may be necessary or pertinent to the work of [his respective] the department. The county so furnishing information shall receive for copying and forwarding the same such reasonable compensation as the Auditor General may determine. Such compensation shall be paid to the county by the State Treasurer, out of moneys not otherwise appropriated, upon warrant from the Auditor General.

(b) All county officers shall also furnish to the Department of Community [Affairs] and Economic Development such information as may be requested by it.

Section 411. Penalty for Neglect or Refusal to Perform Duties.--If any county officer neglects or refuses to perform any duty imposed on [him] the officer by the provisions of this or any other act, [or by the provisions of any other act of Assembly,] or by any rule of court, [or other provision of law, he] the officer shall, for each [such] neglect or refusal, be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars ($500).

Section 11. Section 412 of the act is repealed:

[Section 412. Absconding Officers.--The office of any county officer absconding from the county shall be vacant to all intents and purposes.]

Section 12. Sections 413 and 414 of the act are amended to read:

Section 413. Qualifications of Elected County Officers.-- (a) No person shall be elected to any county office, except the office of district attorney otherwise provided for by this act, unless [he] the person shall be at least eighteen years of age, a citizen of the United States and a resident of the county, and shall have resided within the county for one year next preceding [his] election.

(b) In addition to the qualifications in subsection (a), a person shall not be eligible for the office of sheriff except in accordance with the act of February 9, 1984 (P.L.3, No.2), known as the "Sheriff and Deputy Sheriff Education and Training Act."

Section 414. Mileage of County Officials and Employes.--All county officials and employes may, when authorized by the county commissioners, be reimbursed [at the rate of twelve cents (12¢) per mile for the use of their personal vehicle when discharging their official duties or performing a duty imposed upon them unless provisions of law require the payment of a higher rate] in accordance with the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law .

Section 13. The act is amended by adding sections to read:

Section 415. Required Security.--The county shall obtain required security for county officers and employees in accordance with 16 Pa.C.S. Ch. 11 Subch. B (relating to required fiscal security for officers and employees).

Section 416. Solicitors to County Officers Other Than Commissioners.--(a) Each of the following officers may designate and appoint a solicitor licensed to practice law in this Commonwealth who may be one person 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 the case may be.

(b) The solicitor shall advise upon all legal matters, and conduct any litigation, as requested by the officer.

(c) The solicitor shall hold office at the pleasure of the officer.

(d) The commissioners may appropriate money for the payment of any solicitor appointed pursuant to this section.

(e) 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).

Section 14. Sections 440, 442, 443, 444, 445, 446, 460, 502, 503, 504, 507, 508, 509, 521, 601, 602 and 603 of the act are amended to read:

Section 440. State Associations Authorized.--County officers of each county may organize for themselves a State association as follows:

(1) The county commissioners, together with the county solicitor and the chief clerk to the county commissioners and certain officers who are counterpart personnel in counties having a Home Rule Charter or optional form of government.

(2) The county controllers.

(3) The sheriffs.

(4) The district attorneys.

(5) The probation officers.

(6) The registers of wills and clerks of orphans' courts.

(7) The prothonotaries and clerks of courts [of quarter sessions].

(8) The county treasurers.

(9) The recorders of deeds.

(10) The directors of veterans' affairs.

(11) The coroners.

(12) Jury commissioners.

(13) The county auditors.

(14) The public defenders.

Section 442. Deputies and Solicitors May Attend Annual Meetings.--[The deputy controller, the deputy sheriff, the deputy register of wills, the deputy clerk of orphans' court, the deputy treasurer, the deputy prothonotary, the deputy clerk of the courts of quarter sessions, the first assistant district attorney, one assistant public defender and the deputy recorder of deeds and the chief deputy coroner, with the approval of his principal, and the solicitor for each officer, may attend the annual meetings of his respective associations either together with the controller, sheriff, register of wills, treasurer, prothonotary, clerk of the courts of quarter sessions, district attorney, public defender, recorder of deeds or coroner as the case may be or in his place.] With the approval of their principals, the first and, where appointed, second deputy and the solicitor of the following officers may attend the annual meeting of their respective association with or in the place of their principals:

(1) The controller.

(2) The sheriff.

(3) The register of wills.

(4) The clerk of orphans' court.

(5) The treasurer.

(6) The prothonotary.

(7) The clerk of the courts.

(8) The recorder of deeds.

(9) The district attorney.

(10) The public defender.

(11) The coroner.

Section 443. County Payment for Expenses of Attending Members [to be Paid by County]; Time Limit on Meetings.--(a) The actual expenses of all authorized elected county officers attending the annual meetings of their associations shall be paid by the [several counties] county out of the general county fund. Each of [these] the officers, except the county commissioners, shall be reimbursed for actual expenses not to exceed [one hundred seventy-five dollars ($175)] two hundred twenty dollars ($220) per day for the number of days specified in subsection (b) of this section, together with mileage going to and returning from such meeting and the registration fee. The sum of [one hundred seventy-five dollars ($175)] two hundred twenty dollars ($220) per day as set forth in this subsection shall be adjusted annually by the annual increase in the cost of living as determined annually by the United States Department of Labor.

(a.1) The actual expenses of all authorized nonelected county officers and employes attending the annual meetings of their associations may be paid by the [several counties] county out of the county general fund. Each of these officers may be reimbursed for actual expenses in an amount not to exceed [one hundred seventy-five dollars ($175)] two hundred twenty dollars ($220) per day for the number of days specified in subsection (b) of this section, together with mileage going to and returning from such meetings and the registration fee. The sum of [one hundred seventy-five dollars ($175)] two hundred twenty dollars ($220) per day shall be adjusted annually as set forth in subsection (a) of this section.

(a.2) Every delegate attending the annual meeting shall submit to the county original receipts along with an itemized account of expenses incurred at the meeting. The county may authorize employes to be compensated at their regular employe rate during their attendance at the annual meeting. The actual expenses for elected officers shall, and for nonelected officers may, be paid for the number of days specified in subsection (b). In addition, elected county officers shall receive, and nonelected county officers and employes may receive, actual expenses not to exceed [one hundred seventy-five dollars ($175)] two hundred twenty dollars ($220) per day for each day not in excess of two in going to and returning from such meeting. The sum of [one hundred seventy-five dollars ($175)] two hundred twenty dollars ($220) per day shall be adjusted annually as set forth above.

(b) The annual meeting of the association of county commissioners, county solicitors and chief clerks shall not exceed four days, that of the district attorneys shall not exceed three days, and those of all other State associations shall not exceed three days in every case, exclusive of the time spent in traveling to and from the said meetings.

Section 444. Other Meeting Expenses Paid by Counties.--(a) In addition to the expenses [hereinbefore] authorized in this subdivision , the necessary expenses of the annual meetings of the associations hereinafter named, including annual association dues, printing, committee expenses and stenographical expense, shall be paid in equal parts by the [several] counties whose officers are members of the respective associations.

(b) In the case of county commissioners, county solicitor and county clerk, county controllers, county auditors, sheriffs, register of wills, clerks of orphans' courts, county treasurers, recorders of deeds, prothonotaries, clerks of courts, public defenders, district attorneys, jury commissioners [and coroners, the portion of the annual expenses charged to each county of the third and fourth class shall not exceed six hundred dollars ($600), to each county of the fifth and sixth class, five hundred dollars ($500), to each county of the seventh and eighth class, four hundred dollars ($400), and in] , coroners and, in the case of second class A counties, directors of veterans' affairs, the portion of annual expenses charged to each county shall not exceed the following:

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

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

(3) For each county of the fifth and sixth class, six hundred twenty-five dollars ($625).

(4) For each county of the seventh and eighth class, five hundred dollars ($500).

(c) In the case of the directors of veterans' affairs for counties other than those of the second class A, the portion charged to each county shall not exceed four hundred dollars ($400), and in the case of the probation officers an annual membership subscription not exceeding [ten dollars ($10)] twelve dollars and fifty cents ($12.50) per member shall be paid by the county, and shall be in lieu of the expenses hereinbefore in this section provided for other county officers.

(d) The amounts set forth in 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.

Section 445. Annual Assessments for County Commissioners, Etc.--(a) In addition to the expenses hereinbefore authorized, the necessary expenses of the association of county commissioners, county solicitors and chief clerks shall be apportioned among the counties holding membership in the association in amounts provided for by the rules and regulations of the association.

(a.1) In addition to the expenses hereinbefore authorized, the necessary expenses of the association of district attorneys shall be apportioned among the counties holding membership in the association in amounts provided for by the rules and regulations of the association.

(b) Such annual apportionments of expenses shall be as approved at each annual [convention] conference of the said association by a majority vote of the members present and, when so approved, shall be paid by the several counties from general county funds.

Section 446. Associations and Organizations Concerned with Governmental Affairs.--The [county] commissioners of any county may[, by resolution,] join associations and organizations concerned with county or governmental affairs, other than the [Pennsylvania State Association of County Commissioners] County Commissioners Association of Pennsylvania , may pay dues to such associations and organizations and may send delegates to meetings or [conventions] conferences of such associations and organizations and pay the necessary expenses incident to their attendance at such meetings or [conventions] conferences .

The county commissioners of any county may [by resolution] authorize any county official and [his] employes of the official to attend meetings of professional associations and organizations, or study or training sessions for persons holding the same or similar office or employment, and may pay all or any specified portion of the necessary expenses incident to their attendance at such meetings or sessions.

Every person attending any [convention] conference , meeting or study or training session referred to in this act shall submit to the controller, or to the county commissioners in counties having no controller, an itemized account of [his] expenses [thereat] related to the event , including traveling expenses or mileage, which the county commissioners may have agreed to pay.

Section 460. Meetings Open to Public.--[(a)] All meetings, regular and special, of the board of county commissioners and of all boards, commissions and authorities, created by or operating as agencies of a county, are hereby declared to be public meetings [open to the public at all times.

(b) Nothing contained in this section shall prevent the county commissioners or any such board, commission or authority from holding executive sessions from which the public is excluded, but no final official action shall be taken as to any proposed or existing resolution, ordinance, rule or regulation, or part thereof, at such an executive session.] subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

Section 502. Organization.--The [county] commissioners shall meet on the first Monday of January, in the year one thousand nine hundred and fifty-six, and on the first Monday of January every fourth year thereafter, in the office provided for them at the county seat for the purpose of organization. If the first Monday is a legal holiday, the meeting shall be held the first day following.

Section 503. Meetings, Regular and Special; Conduct of Meetings; Notices.--(a) The [county] commissioners shall adopt rules for the conduct and order of business[, establishing also] and establish regular times and places of meeting. A copy of [such] the rules shall be posted at all times in a conspicuous place in the county court house for the benefit of the public.

(b) Each commissioner shall have at least twenty hours notice of any special meeting and of the nature of business to be conducted [thereat] at the meeting , unless [such] the notice [be] is waived by [him] the commissioner in writing or by attendance at [such] the special meeting.

Section 504. Quorum; Execution of Official Instruments.--(a) The commissioners shall constitute a board, two members of which shall be a quorum for the transaction of business, and, when convened [in pursuance of notice or according to adjournment] after notice , shall be competent to perform all the duties appertaining to the office of county commissioners.

(b) Where any official document, instrument or official paper is to be executed by the [county] commissioners, it shall be done by at least two of the commissioners and attested by the chief clerk who shall affix the county seal thereto.

Section 507. Expenses.--The [county] commissioners shall be allowed their expenses, necessarily incurred and actually paid, in the discharge of their official duties, or in the performance of any service, office, or duty imposed upon county commissioners.

Section 508. Office Furniture, Stationery, Etc.--(a) The [county] commissioners, at the cost of the county, shall purchase and provide the office furniture, equipment and supplies, blank books, [blanks,] blank dockets, books for records, stationery, postage, [fuel, light and janitor and telephone service,] utilities, cleaning and maintenance required for each of the county officers whose offices are located in the county buildings or at such other places at the county seat as may be designated by the commissioners, and all supplies used by the public in connection with such offices.

(b) The [county] commissioners, at the cost of the county, shall purchase and provide all of the same items as needed for each of the county officers whose offices are not required by law to be kept and maintained in county buildings or at the county seat.

(c) Before purchasing office furniture, equipment or supplies, blank books, blank dockets, books for records or stationery, the county officers who are to be furnished with any of [such] the items shall have an opportunity to state in writing [his] preferences as to the type and make of [such articles or any of them] the items . The commissioners shall, when feasible, purchase and supply to each officer [his preference in such articles] the preferred item when such preference has been given.

Section 509. Ordinances and Resolutions.--(a) The [board of] commissioners may adopt resolutions and ordinances prescribing the manner in which powers of the county shall be carried out and generally regulating the affairs of the county. The commissioners may formulate and adopt ordinances, resolutions, and rules and regulations, pertaining to the use of any property owned or used by the county and the conduct of persons in, on or about such county property, in order to preserve such property and to promote and preserve the public health, safety and welfare.

(b) All [such] proposed ordinances, unless otherwise provided by law, shall be published at least once in one newspaper of general circulation in the county not more than sixty days nor less than seven days prior to passage. Public notices of any proposed ordinance shall include either the full text [thereof] 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 place within the county where copies of the proposed ordinance may be examined. If the full text is not included a copy thereof shall be supplied to [a] the same newspaper of general circulation in [the county at the time] which the public notice is published. If the full text is not included , an attested copy thereof shall be filed in the county law library[.] within thirty days after enactment. The date of such filing shall not affect the validity of the process of the enactment or adoption of the ordinance; and a failure to record within the time provided shall not be deemed a defect in the process of the enactment or adoption of the ordinance. In the event substantial amendments are made in the proposed ordinance or resolution, [upon enactment,] the commissioners shall [within ten days] , at least ten days prior to enactment, re-advertise in one newspaper of general circulation in the county, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. [Such ordinances] Ordinances shall not become effective until recorded in the ordinance book of the county. In any case in which maps, plans or drawings of any kind are adopted as part of an ordinance, the commissioners may, instead of publishing the same as part of the ordinance, refer in publishing the ordinance to the place where such maps, plans or drawings are on file and may be examined.

(c) The [board of county] commissioners may also prescribe fines and penalties not exceeding one thousand dollars ($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, and not exceeding six hundred dollars ($600) for a violation of any other county ordinance, which fines and penalties may be collected by suit, brought in the name of the county, in like manner as debts of like amount may be sued for.

(d) Any person violating any of the ordinances adopted by the [board of county] commissioners pursuant to this section shall, upon conviction thereof at a summary proceeding, be sentenced to pay such fine as may be prescribed in such ordinances by the [county] commissioners but not in excess of one thousand dollars ($1,000), to be paid to the use of the county, with costs of prosecution, or to be imprisoned for not more than ten days, or both.

Section 521. Duties and Powers of Chief Clerk.--(a) The chief clerk shall keep the books and accounts of the board of county commissioners, record and file their proceedings and papers, attest all orders and voucher checks issued by them and perform all other duties pertaining to [his office as] the office of chief clerk.

(b) [He] The chief clerk shall have general power to administer oaths and affirmations[,] pertaining to the business of the office of the county commissioners.

Section 601. Election and Term; Seal.--(a) At the municipal election immediately preceding the expiration of the term of the controller [now] in office on January 1, 1956 , and quadrennially thereafter, the qualified electors of each county of the third, fourth and fifth classes, and of every other county where the office of controller has been or may hereafter be established, including counties in which the office was established by general law, or otherwise, while such counties were in a higher classification, shall elect one citizen of the county, who shall serve as controller for the term of four years from the first Monday of January following [his] the controller's election, or until [his] a successor shall be qualified[, if he so long shall behave himself well].

(a.1) 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 the effective date of this subsection and quadrennially thereafter.

(b) Each county controller shall be provided with an official seal of [his] the office by the county commissioners of the county, which shall be used for the attestation of all official papers.

Section 602. Eligibility.--(a) No person holding office under the United States shall be eligible to the office of county controller during [his] continuance in such office, nor until one year thereafter.

(b) 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.

(c) The controller shall always be eligible to reelection or appointment.

Section 603. Deputy Controller and Clerks.--(a) The controller in counties of the second class A, third, fourth and fifth classes shall appoint a deputy controller and clerks, and in counties of the sixth, seventh and eighth classes may appoint a deputy controller and clerks, and each controller may authorize one or more of the clerks employed in [his] the controller's office to administer to all persons 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) The controller may appoint a second deputy controller, who shall possess and discharge all the rights, powers and duties of the principal deputy controller during [his necessary or] the principal deputy controller's and the controller's temporary absence.

Section 15. Section 604 of the act is repealed:

[Section 604. Solicitor to the Controller.--The county controller may designate and appoint one person, learned in the law, to act as his solicitor. Such solicitor shall advise upon all such legal matters as may be submitted to him, and shall conduct any litigation desired by the county controller. He shall hold office at the pleasure of the controller.]

Section 16. Sections 605, 606, 607, 701, 702 and 703 of the act are amended to read:

Section 605. Establishment of Office of Controller in Counties of the Sixth, Seventh and Eighth Classes.--(a) The office of controller may be established in any county of the sixth, seventh or eighth class by the affirmative vote of a majority of the electors of the county voting on the question submitted, as herein provided, at the general election in which the auditors are in the third year of their term.

(b) The question shall be submitted to the electors of the county whenever county electors file a petition containing signatures equal to at least five per centum of the highest vote cast for any office in the county at the last preceding general election. [Such] The petition shall be filed with the county commissioners at least sixty days before the day of the general election at which the question is to be submitted. If the petition is sufficiently signed the county commissioners shall cause the question to be submitted in the manner provided by the Pennsylvania Election Code.

(c) If the majority of electors voting on the question shall vote in favor of establishing the office of county controller, [such] the office shall thereby be established, and, at the next municipal election, and quadrennially thereafter, the electors of the county shall choose a citizen of the county for the office of controller in place of the county auditors.

Section 606. Appointment by Governor; Duties of Auditors; Abolition of Office of Auditor.--(a) Whenever the office of controller is established in any county, under the provisions of section 605 of this act, or by a change in class of such county not otherwise provided for by law, the Governor shall appoint a suitable person to act as controller of said county until [his] a successor in office is duly elected and installed.

(b) Upon the appointment of a controller, as provided in this section, the county auditors then in office shall proceed to audit all accounts as required by law, and shall file a report of such audit with the controller so appointed, not later than three months after the controller assumes [his] office, whereupon the office of county auditor shall be abolished and cease to exist in said county.

Section 607. Expenses.--The county controller and [his] 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 upon them.

Section 701. Election and Vacancies.--(a) In each county where the office of controller has not been established, three county auditors shall be elected in the year one thousand nine hundred fifty-five, and every fourth year thereafter. In the election of auditors, each qualified elector shall vote for no more than two persons. The three persons having the highest number of votes shall be elected.

(b) Any casual vacancy in the office of county auditors shall be filled, for the balance of the unexpired term, by the court of common pleas of the county, [by the appointment of an elector who voted for the auditor whose place is to be filled.] sitting en banc, appointing a successor who shall be a registered elector of the county and shall be a member of the same political party as was the auditor whose place is to be filled at the time the auditor assumed office.

Section 702. Eligibility.--(a) No person shall be eligible to the office of county auditor who, within two years, shall have been treasurer of the county.

(b) [No person holding the office of county auditor shall at the same time hold or be employed in any office of the county, the county institution district, any school district, any board of health or any municipality authority of which the county is a member.] No person holding the office of county auditor shall at the same time hold any office or employment for the county or for any municipal authority of which the county is a member. A county auditor may not be employed in an administrative position by any school district or any 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 any municipal corporation in the county.

Section 703. Meetings; Quorum.-- (a) The auditors shall [assemble] meet at the county seat on the first Monday of January in each year[, and begin] for the purpose of organizing and to begin their audit of the fiscal affairs of the county for the fiscal year immediately preceding . [, and thereafter, at such times as they may find necessary for the completion of their audit before the first day of the following July. They may, upon petition to the court of common pleas, have such additional time for the completion of their report as the court shall allow.] If the first Monday in January is a legal holiday, the meeting shall be held the first day following.

(b) The auditors shall meet as necessary for the completion of their audit by the first day of the following July. 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 such additional time as it deems necessary for completion of the audit and report.

(c) The auditors shall receive such compensation as determined by the county commissioners in accordance with the act of November 1, 1971 (P.L.495, No.113), entitled, as amended, "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," provided that any daily or hourly compensation set for the auditors shall be applicable for any period of extension granted in accordance with this section.

(d) Any two auditors when duly convened shall be a quorum for the purpose of transacting any business.

Section 17. Section 704 of the act is repealed:

[Section 704. Counsel.--The auditors may employ a competent attorney-at-law to act as their counsel and attorney.]

Section 18. Sections 805, 806 and 806.1 of the act are amended to read:

Section 805. Misapplication of Funds Collected for Specific Purposes.--Whenever any moneys are collected by law in any county [for any special purpose, and paid into the hands] and are in the possession or control of the treasurer of [such] the county, it shall be unlawful for [such] the treasurer to apply such moneys, or any part thereof, to any other purpose than that for which [such] the moneys were collected unless otherwise authorized by law . Every such misapplication shall [be a misdemeanor, upon conviction thereof such treasurer shall be punished by a fine of not less than the amount so misapplied, or by imprisonment for not less than three months nor more than one year, or both.] constitute a violation of 18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).

Section 806. Deputy Treasurer.--The county treasurer is [hereby] authorized to appoint a deputy county treasurer who shall perform such duties as shall be prescribed by the county treasurer.

Section 806.1. Second Deputy Treasurer.--The county treasurer may appoint a second deputy treasurer, who shall possess and discharge all the rights, powers and duties of the principal deputy treasurer during [his necessary or] the principal deputy treasurer's and treasurer's temporary absence.

Section 19. Section 807 of the act is repealed:

[Section 807. Solicitor to County Treasurer in Third, Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--In counties of the third, fourth, fifth, sixth, seventh and eighth classes, the county treasurer is authorized to appoint one person, learned in the law, as his solicitor. The solicitor shall advise upon all legal matters that may be submitted to him and shall conduct any litigation when requested so to do by the treasurer.]

Section 20. Sections 901, 902, 903, 904, 1001 and 1002 of the act are amended to read:

Section 901. Appointment; Qualifications.--The county commissioners shall appoint a county solicitor, who shall be an attorney-at-law admitted to practice in the courts of this Commonwealth and may be one person or a law firm, partnership, association or professional corporation . [He shall, before] Before entering upon the duties of [his] office, the 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.

Section 902. Duties.--[He] The solicitor shall commence and prosecute all suits brought, or to be brought, by the county, wherein or whereby any rights, privileges, properties, claims or demands of the county are involved, as well as defend all actions or suits brought against the county, and shall perform all duties now enjoined by law upon county solicitors, and shall do all and every professional act and render legal advice incident to the office which may be required of [him] the solicitor by the commissioners.

Section 903. Employes in [Third Class] Certain Counties.--In counties of the second class A and third class, the county solicitor may, with the consent of the county commissioners, employ [a stenographer as an assistant in his office] clerks or assistants as may be necessary in the discharge of the solicitor's duties .

Section 904. Assistant County Solicitors.--[The] (a) Except as provided in subsection (b), the county commissioners may appoint one or more assistant county solicitors, and special counsel who shall be attorneys at law admitted to practice in the courts of this Commonwealth. Each assistant and special counsel shall perform such duties in connection with the legal affairs of the county as may be assigned [to him] by the county commissioners or the county solicitor.

(b) In counties of the second class A, the power to appoint assistant county solicitors and special counsel as provided in this section shall lie with the county solicitor, subject to the approval of the county commissioners.

Section 1001. County Engineer; Appointment; Term.--The [county] commissioners of any county may appoint a professional engineer in civil engineering[, who shall be styled] or an engineering firm as the county engineer. [Such] The engineer shall serve at the pleasure of the commissioners.

Section 1002. Duties.--The county engineer shall:

(1) prepare plans, specifications, and estimates of all engineering work undertaken by the county, and, whenever required, shall furnish the commissioners with reports, information, or estimates on any such work and, in general, shall perform all [such] duties with reference to any county engineering work as the county commissioners may from time to time prescribe.

(2) perform all duties relating to surveying as may be assigned [to him] by the county commissioners or by law; and

(3) perform all duties heretofore imposed on county surveyors.

Section 21. Article XII of the act is repealed:

[ARTICLE XII

SHERIFF AND CORONER

(a) Sheriff

Section 1201. Unfinished Business of Outgoing Sheriff.--(a) It shall be the duty of every outgoing sheriff, to deliver all unfinished and unexecuted writs and process whatsoever to his successor whose duty it shall be to receive and execute the same as if said writs and process had been originally issued and directed to him, and to carry out and complete all other official duties of his predecessor.

(b) Whenever any real estate shall be sold under any execution by a sheriff who shall, in any lawful manner, be succeeded in office before any deed shall be executed and acknowledged by him in due form of law for such real estate, his successor in office shall have the same power and be under the same duty to execute and acknowledge a deed for such real estate to the purchaser thereof as the sheriff selling such real estate under execution if he were still in office, which deed so executed shall be as effectual in law as if the title had been completed by the former sheriff.

(c) No court order shall be necessary in any event to authorize an incoming sheriff to carry out his duties as prescribed by this act.

Section 1202. Sheriff May Act by Deputy.--Whenever the sheriff is or shall be required by law to act in person under or by virtue of any writ or process whatsoever issued by the courts of this Commonwealth, he may act either in person or by a regularly appointed deputy sheriff.

Section 1203. Chief Deputy; Compensation.--The sheriff of each county shall appoint, by commission duly recorded in the office for recording deeds, a chief deputy, whose appointment shall be revocable by the sheriff at pleasure on recording in said office a signed revocation thereof. The chief deputy, during his continuance in office, shall have full power and authority to perform any duty incumbent upon such sheriff, with like effect in law as if such official act had been done by the sheriff in person, regardless of the ability or temporary disability of such sheriff to act, while such sheriff continues in office. Nothing in this section shall operate to relieve such sheriff or his sureties from liability upon their official bond.

Section 1204. Real Estate Deputies in Counties of the Third and Fourth Classes.--In counties of the third and fourth classes, the sheriff may have a real estate deputy to take charge of all matters relating to sheriff's sales of real estate and distributions of the proceeds thereof, whose appointment shall be made and be revocable as hereinbefore provided for the chief deputy. Such deputy shall have full power to perform all duties incumbent upon the sheriff in like manner as his chief deputy with like effect in law as if such official acts had been done by the sheriff in person. Such duties shall include the execution and acknowledgment of sheriff's deeds for real estate upon receipt of the purchase price thereof. Nothing in this act shall operate to relieve the sheriff or his sureties from liability upon their official bonds but such liability shall continue as heretofore.

Section 1205. Deputies and Clerks.--The sheriff of each county may appoint such deputies and clerks as may be necessary to properly transact the business of his office. He may revoke the appointment of deputies in the same manner as his chief deputy. The sheriff may also appoint necessary special deputies, when any emergency arises, to assist him in executing any civil or criminal process or court order or in preserving the peace, who shall serve only so long as they are absolutely needed.

Section 1206. Deputy Sheriff's Qualifications.--A sheriff shall not appoint any person a chief deputy or any other deputy sheriff unless the sheriff files with the prothonotary, prior to the appointment of such person, the name and photograph of such person, together with an affidavit of such person setting forth the following:

(1) His full name, age, and residence address.

(2) That he is a citizen of the United States, and eighteen years of age or over.

(4) That he has never been convicted of a crime involving moral turpitude under the laws of this Commonwealth, or of any other state, or of the United States.

(5) That he has not, for a period of two years immediately preceding the filing of such affidavit, acted either for himself or as the agent or employe of another, in any labor dispute, or hired himself out or performed any service as a private detective, private policeman or private guard in any labor dispute, or received any fee or compensation whatsoever for acting as a private detective, private policeman or private guard in any labor dispute, or conducted the business of a private detective agency, or of any agency supplying private detectives, private policemen or private guards, or advertised or solicited any such business in this Commonwealth in connection with any labor dispute.

Section 1207. False Statements in Deputy's Affidavit.--Any false statement contained in any such affidavit shall constitute perjury, and shall be punishable as such.

Section 1208. Filed Items, Public Records.--The name, photograph, and affidavit of any such person so filed with the prothonotary, shall constitute a public record.

Section 1209. Public List of Applicants for Deputy Sheriff.--The sheriff shall, from time to time, prepare a list of the names of all persons who have applied for appointment as deputy sheriff and who meet the qualifications hereinbefore prescribed. Such list shall be posted in a public place for a period of not less than ten days, and thereafter shall be filed in the office of the prothonotary. No deputies shall be appointed by the sheriff whose names do not appear on said list.

Section 1210. Private Services, Gifts and Payments, Contracts, Prohibited.--(a) No sheriff, deputy sheriff, detective or other county police officer whatsoever, shall perform, directly or indirectly, any official services or official duties for any person, association or corporation, or receive, directly or indirectly, any compensation, gifts or gratuities from any person, association or corporation during the period of his official services. Nothing herein contained shall prohibit such officers from serving writs and other legal process as authorized by law. Any compensation payable to any such officer for official duties and services shall be paid only out of the proper county, or other public funds, to the amount and in the manner prescribed by law. Gifts, donations, and gratuities of any nature whatsoever made by any person, association or corporation to the county or to any official or agent thereof, shall not constitute public funds within the meaning of this section.

(b) No county, or any official or agent thereof, shall accept as a gratuity, gift or donation any arms, ammunition, military supplies, tear gas or equipment, or supplies or articles of a similar character from, nor shall any such gratuity, gift or donation be made by any person, association or corporation.

(c) Any contract or agreement, whatsoever, made in violation of the provisions of this section, shall be utterly void and of no effect, in law or in equity, and is hereby declared to be contrary to public policy.

(d) 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 in which the individual is not scheduled to perform nor performing duty as a county employe. The county is not liable for any damage resulting from an act of an individual acting under this subsection.

Section 1211. Penalties.--Any sheriff, deputy sheriff or any other county police officer, whatsoever, or any other official of the county or any person, association or corporation, violating any of the provisions of sections 1206, 1209 or 1210 of this act, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or to undergo imprisonment for not less than ninety days nor more than two years, or both.

Section 1212. Construction.--Nothing contained in sections 1206 or 1210 of this act, shall be construed to prohibit the appointment, employment or compensation by any county in the manner expressly provided by law of--(1) night watchmen, (2) railroad police, (3) bank police, (4) payroll police, (5) 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, (6) fire police whose only duty shall be to direct traffic and maintain order to, at or from fires, (7) police or guards employed by nonprofit corporations or organizations.

Section 1213. Solicitor in Third, Fourth, Fifth, Sixth, Seventh and Eighth Class Counties.--In all counties of the third, fourth, fifth, sixth, seventh and eighth classes, the sheriff may appoint one person, learned in the law, as his solicitor. Said solicitor shall advise the sheriff upon all legal matters that may be submitted to him, and shall conduct any litigation in connection with the sheriff's office when requested so to do by the sheriff.

Section 1214. Chief Deputy Coroner to Act as Coroner in Case of a Vacancy.--If any coroner shall be legally removed from his office or shall die or resign before the expiration of the term for which he was commissioned, the chief deputy coroner shall execute the office of coroner and perform all things thereunto appertaining and receive and retain for his own use the compensation provided by law for coroners until another coroner is commissioned and notice thereof is given to such chief deputy coroner.

Section 1215. Sheriff to Keep Docket.--Every sheriff and every coroner, acting as sheriff, shall provide and keep in his office a book or books in which he shall enter all writs that may come to him and the proceedings thereon, and, at the expiration of his term of office, such book or books shall be deposited in the office of the prothonotary for the inspection of all persons interested therein.

(b) Coroner

Section 1231. Deputies.--The coroner may appoint one or more deputies to act in his place and stead, as he may deem proper and necessary. Such deputy or deputies shall have the same powers as the coroner.

Section 1232. Duties with Respect to County Morgues.--The coroner of each county in which a county morgue is established, shall make general rules and regulations for its government and control, and shall appoint suitable persons for each morgue so established to have charge of the same, and who shall be removable at the pleasure of the coroner. The number of such persons and the salary of each shall be fixed by the salary board.

Section 1233. Removal of Bodies to Morgue.--Whenever the body of any deceased person who is unidentified or which body is unclaimed by proper persons has been found within the county, it shall be removed to the county morgue or to a private morgue serving in lieu thereof. The coroner shall, if he deems it necessary, cause any such body to be properly embalmed or prepared for preservation for such length of time as he may think proper. Any such body shall be examined or inspected only by such persons as the coroner authorizes in writing, or who are admitted in his presence. No such body shall be removed from any such morgue except upon the certificate of the coroner.

Section 1234. Ambulance.--In each county, the county commissioners may furnish and maintain, from the general funds of the county, an ambulance for the removal of bodies of deceased persons to and from the morgue, and for the burial of unclaimed bodies. The coroner may provide rules and regulations for the use and maintenance of the ambulance.

Section 1235. Unclaimed Property of Deceased; Sales.--(a) The coroner shall safely keep in his charge all personal effects and property which appear to have been on or about the person at the time of his death, or being found on any decedent whose body is received at the county morgue or at any other morgue serving in lieu thereof, and all such effects and property which are delivered to him according to law. The coroner shall hold such property for one year, unless sooner claimed by legal representatives of the deceased, or otherwise duly and lawfully claimed or disposed of.

(b) After one year, the coroner shall cause such property remaining unclaimed, or so much thereof as remains undisposed of according to law, except moneys and such properties as securities which may not be subject to such a sale, which shall be turned over to the commissioners for proper disposition or use, to be sold at public sale.

(c) Notice of any such public sale shall be published in at least one newspaper of general circulation in the county once a week for three successive weeks. The proceeds of all such sales shall be paid immediately into the county treasury, and the coroner shall make a written report thereof to the county commissioners, under oath, at the same time. If the body has been buried at the expense of the institution district, the county shall pay the proceeds of sale, or such property as was not subject to sale, as hereinbefore provided, less costs, over to the institution district. The foregoing provisions shall be in lieu of escheat to the Commonwealth.

Section 1236. Private Morgue May be Used.--In any county where a county morgue is not maintained, the coroner may cause any body which he is authorized to admit to a county morgue to be removed to a private morgue within the county, and, for the use thereof, the owner shall be paid a sum to be established by the salary board, to be paid in the same manner as fees of coroner's jurors are paid.

Section 1236.1. Requests for Examinations and Reports.--(a) Requests for examinations or other professional services by other counties or persons may be complied with at the discretion of the coroner pursuant to guidelines established by the county commissioners.

(b) A set of fees and charges for such examinations or professional services shall be established by the coroner, subject to approval by the county commissioners, and shall be accounted for and paid to the county treasurer pursuant to section 1760. Payment for examinations or professional services shall be the responsibility of the county or person requesting such services.

(c) The coroner may charge and collect a fee of up to one hundred dollars ($100) for each autopsy report, up to fifty dollars ($50) for each toxicology report, up to fifty dollars ($50) for each inquisition or coroner's report and such other fees as may be established from time to time for other reports and documents requested by nongovernmental agencies. The fees collected shall be accounted for and paid to the county treasurer pursuant to section 1760 and shall be used to defray the expenses involved in the county complying with the provisions of the act of March 2, 1988 (P.L.108, No.22), referred to as the Coroners' Education Board Law.

Section 1237. Coroner's Investigations.--(a) The coroner having a view of the body shall investigate the facts and circumstances concerning deaths which appear to have happened within the county, regardless where the cause thereof may have occurred, for the purpose of determining whether or not an autopsy should be conducted or an inquest thereof should be had, in the following cases:

(1) sudden deaths not caused by readily recognizable disease, or wherein the cause of death cannot be properly certified by a physician on the basis of prior (recent) medical attendance;

(2) deaths occurring under suspicious circumstances, including those where alcohol, drugs or other toxic substances may have had a direct bearing on the outcome;

(3) deaths occurring as a result of violence or trauma, whether apparently homicidal, suicidal or accidental (including, but not limited to, those due to mechanical, thermal, chemical, electrical or radiational injury, drowning, cave-ins and subsidences);

(4) any death in which trauma, chemical injury, drug overdose or reaction to drugs or medication or medical treatment was a primary or secondary, direct or indirect, contributory, aggravating or precipitating cause of death;

(5) operative and peri-operative deaths in which the death is not readily explainable on the basis of prior disease;

(6) any death wherein the body is unidentified or unclaimed;

(7) deaths known or suspected as due to contagious disease and constituting a public hazard;

(8) deaths occurring in prison or a penal institution or while in the custody of the police;

(9) deaths of persons whose bodies are to be cremated, buried at sea or otherwise disposed of so as to be thereafter unavailable for examination;

(10) sudden infant death syndrome; and

(11) stillbirths.

(b) The purpose of the investigation shall be to determine the cause of any such death and to determine whether or not there is sufficient reason for the coroner to believe that any such death may have resulted from criminal acts or criminal neglect of persons other than the deceased.

(c) As part of this investigation, the coroner shall determine the identity of the deceased and notify the next of kin of the deceased.

Section 1238. Autopsy; Inquest; Records.--(a) If, upon investigation, the coroner shall be unable to determine the cause and manner of death, he shall perform or order an autopsy on the body.

(b) If the coroner is unable to determine the cause and manner of death following the autopsy, he may conduct an inquest upon a view of the body, as provided by law. At the inquest, the coroner's duty shall be to ascertain the cause of death, to determine whether any person other than the deceased was criminally responsible therefor by act or neglect, and if so, the identity of the person, and to examine any further evidence and witnesses regarding the cause of death.

(c) The proceedings at the inquest shall be recorded, at the expense of the county, in a manner to be provided by the county commissioners.

Section 1239. Sudden Deaths Defined.--The coroner shall regard any death as sudden if it occurs without prior medical attendance by a person who may lawfully execute a certificate of death in this Commonwealth, or if, within twenty-four hours of death, the decedent was discharged from such medical attendance or a change of such medical attendance had occurred, or if any such medical attendance began within twenty-four hours of death and the medical attendant refuses or is unable to certify the cause of death. Medical attendance includes hospitalization.

The provisions of this section shall not be construed to affect the coroner's discretion as to whether or not any death was suspicious, nor shall they be construed to authorize a coroner to investigate a sudden death any further than necessary to determine the cause and manner of death.

Section 1240. Bodies not to be Moved.--In all cases where the coroner has jurisdiction to investigate the facts and circumstances of death, the body and its surroundings shall be left untouched until the coroner has had a view thereof or until he shall otherwise direct or authorize, except as may be otherwise provided by law, or as circumstances may require. Bodies upon a public thoroughfare or in other places may be removed so much as is necessary for precaution against traffic accidents or other serious consequences which might reasonably be anticipated if they were left intact.

Section 1241. Release of Coroner's Jurisdiction.--Whenever the coroner assumes jurisdiction of a body pursuant to the provisions of this subdivision or of any other law, the body shall not be released or removed from his jurisdiction except upon his directions and consent, in accordance with law.

Section 1242. Cooperation with District Attorney.--In the exercise of his duties as contained in this subdivision, the coroner shall, so far as may be practicable, consult and advise with the district attorney. The district attorney shall act as counsel to the coroner in matters relating to inquests.

Section 1243. Justices of the Peace not Affected.--The provisions of this subdivision shall not be construed to affect any provisions of law requiring or authorizing justices of the peace in certain cases to act in place of the coroner.

Section 1244. Certificate of Cause of Death.--The coroner shall issue a certificate of cause of death in all cases referred to him by the local registrar of vital statistics, pursuant to the provisions of the act, approved June twenty-nine, one thousand nine hundred fifty-three (Pamphlet Laws 304), known as the "Vital Statistics Law of 1953," and in all other cases of which he has jurisdiction, if no person duly authorized by the said act certifies the cause of death.

Section 1245. Power of Subpoena and Attachment.--The coroner shall have power to issue subpoenas to obtain the attendance of any person whom it may be necessary to examine as a witness at any inquest, and to compel attendance by attachment in like manner and to the same extent as any court of common pleas of this Commonwealth may or can do in cases pending before them, and also to compel in like manner the production of all papers and other things relative to such inquest. Such subpoena and attachment shall be served and executed by the sheriff or by the coroner himself or his deputy, as the case may require.

Section 1245.1. Inquests; Juries.--(a) The coroner may at his discretion summon a jury of six to be selected from the jury panels of the court of common pleas.

(b) The function of such jury shall be to determine the manner of death and whether any criminal act or neglect of persons known or unknown caused such death. Such jury shall be paid as provided by law as if they were serving the court of common pleas.

Section 1246. Power to Administer Oaths.--The coroner shall have power to administer oaths and affirmations to all persons brought or appearing before him, and any person swearing or affirming falsely on such examination shall be guilty of perjury.

Section 1247. Commitment to County Prison.--If any person appearing before the coroner for examination shall refuse to take oath or affirmation, or after having been sworn or affirmed shall refuse to make answer to such questions as shall be put to him by the coroner touching the matters of the inquest, such persons so refusing may be committed by the coroner to the county jail by warrant, under his hand and seal, directed to the sheriff or any constable of the county, setting forth particularly the causes of such commitment, until he shall submit to be sworn or affirmed or to make answers to such questions or be otherwise legally discharged.

Section 1248. Inquests Not Public.--The coroner may, in his discretion, admit or exclude members of the public from any inquest or part thereof, and admit or exclude any person interested or suspected from such inquest or any part thereof, but this provision shall not apply to representatives of the press. No person excluded may appear by attorney, but any person required to attend may have benefit of counsel at such attendance.

Section 1249. Chief Deputy Sheriff to Act as Sheriff in Case of Vacancy.--If any sheriff shall be legally removed from his office or shall die or resign before expiration of the term for which he was commissioned, the chief deputy sheriff shall execute the office of sheriff and perform all things thereunto appertaining, and receive and retain for his own use the compensation provided by law for sheriffs, until another sheriff is commissioned and notice thereof is given to such chief deputy sheriff.

Section 1250. Vacancies; No Fees upon Commissions.--If any person elected to the office of coroner shall neglect or refuse, for the space of two months next after such election, to assume the duties of said office and to comply with the requirements of the acts of Assembly in such cases, the office shall be vacant, and it shall be the duty of the Governor, upon the notification of the recorder of deeds, to appoint and commission some suitable person to fill such vacancy during the remainder of the term. No fees shall hereafter be charged on commissions issued to the coroner.

Section 1251. Official Records of Coroner.--Every coroner, within thirty (30) days after the end of each year, shall deposit all of his official records and papers for the preceding year in the office of the prothonotary for the inspection of all persons interested therein.

Section 1252. Solicitor to Coroner.--The coroner may appoint one person learned in the law, as his solicitor. Said solicitor shall advise the coroner upon all legal matters that may be submitted to him and shall conduct any litigation in connection with the coroner's office when requested so to do by the coroner.

Section 1253. 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).

(c) Provisions Relating to Sheriffs and Coroners

Section 1260. Not to Exercise Office Until Commission Granted and Recorded; Penalty.--No person elected or appointed to the office of sheriff or coroner shall execute any of the duties of such office before a commission shall have been duly granted to him by the Governor and left for record, under a penalty of imprisonment for a term not exceeding six months, at the discretion of the court of quarter sessions. Such person shall nevertheless be liable to any person injured by any acts done by him under color of such office.]

Section 22. The act is amended by adding articles to read:

ARTICLE XII-A

SHERIFF

Section 1201-A. Unfinished business of outgoing sheriff.

(a) General rule.--It shall be the duty of every outgoing sheriff to deliver all unfinished and unexecuted writs and process whatsoever to the sheriff's successor whose duty it shall be to receive and execute the same as if the writs and process had been originally issued and directed to the successor, and to carry out and complete all other official duties of the predecessor.

(b) Successor powers and duties.--Whenever any real estate shall be sold under any execution by a sheriff who shall, in any lawful manner, be succeeded in office before any deed shall be executed and acknowledged by the sheriff in due form of law for such real estate, the sheriff's successor in office shall have the same power and be under the same duty to execute and acknowledge a deed for such real estate to the purchaser as the sheriff selling such real estate under execution if the sheriff were still in office, which deed so executed shall be as effectual in law as if the title had been completed by the former sheriff.

(c) No court order necessary.--No court order shall be necessary in any event to authorize an incoming sheriff to carry out the duties as prescribed by this act.

Section 1202-A. Sheriff may act by deputy.

Whenever the sheriff is or shall be required by law to act in person under or by virtue of any writ or process issued by the courts of this Commonwealth, the sheriff may act either in person or by a regularly appointed deputy sheriff.

Section 1203-A. 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 whose appointment shall be revocable by the sheriff on recording in the office for recording deeds a signed revocation. The chief deputy, during continuance in office, shall have full power and authority to perform any duty incumbent upon the sheriff, with like effect in law as if such official act 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 section shall operate to relieve such sheriff or the sheriff's sureties from liability upon their official bond.

(b) Petition.--If during a vacancy in the office of sheriff the duties of the office cannot be discharged in accordance with section 1213-A 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 with like effect in law as if the official act had been done by the sheriff.

Section 1204-A. Real estate deputies.

The sheriff may have a real estate deputy to take charge of all matters relating to sheriff's sales of real estate and distributions of the proceeds thereof, whose appointment shall be made and be revocable as provided for the chief deputy. The deputy shall have full power to perform all duties incumbent upon the sheriff in like manner as the chief deputy with like effect in law as if such official acts had been done 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 thereof. Nothing in this act shall operate to relieve the sheriff or the sheriff's sureties from liability upon their official bonds.

Section 1205-A. Deputies and clerks.

The sheriff of each county may appoint deputies and clerks to positions established in accordance with section 1623 for the transaction of the business of the sheriff's office, and may revoke the appointment of deputies in the same manner as the chief deputy. In counties of the third through eighth classes, the sheriff may also appoint necessary special deputies, when any emergency arises, to assist the sheriff in executing any civil or criminal process or court order or in preserving the peace, who shall serve only so long as they are absolutely needed.

Section 1206-A. Deputy sheriff's qualifications.

(a) Requirements.--A sheriff shall not appoint any person a chief deputy or any other deputy sheriff unless the sheriff files with the prothonotary, prior to the appointment of the person, the name and photograph of the person, together with an affidavit of the person setting forth the following:

(1) The person's full name, age and residence address.

(2) That the person is a citizen of the United States and 18 years of age or older.

(3) That the person has never been convicted of a crime involving moral turpitude under the laws of this Commonwealth, or of any other state, or of the United States.

(4) That the person has not, for a period of two years immediately preceding the filing of the affidavit, acted either individually or as the agent or employee of another, in any labor dispute, or provided any service as a private detective, private police officer or private guard in any labor dispute, or received any fee or compensation whatsoever for acting as a private detective, private police officer or private guard in any labor dispute, or conducted the business of a private detective agency, or of any agency supplying private detectives, private police officers or private guards, or advertised or solicited any such business in this Commonwealth in connection with any labor dispute.

(b) Limitation.--A person shall not be appointed or receive compensation as chief deputy or any other deputy except in accordance with the act of February 9, 1984 (P.L.3, No.2), known as the Sheriff and Deputy Sheriff Education and Training Act.

Section 1207-A. False statements in deputy's affidavit.

Any false statement contained in any affidavit shall constitute and shall be punishable as perjury.

Section 1208-A. Filed items and public records.

The name, photograph and affidavit of any such person so filed with the prothonotary shall constitute a public record.

Section 1209-A. Public list of applicants for deputy sheriff.

The sheriff shall, from time to time, prepare a list of the names of all persons who have applied for appointment as deputy sheriff and who meet the qualifications for the position. The list shall be posted in a public place for a period of not less than 10 days, and thereafter shall be filed in the office of the prothonotary. No deputies shall be appointed by the sheriff whose names do not appear on said list.

Section 1210-A. Private services, gifts and payments prohibited.

(a) General rule.--No sheriff, deputy sheriff, detective or other county police officer whatsoever shall perform, directly or indirectly, any official services or official duties for any person, association or corporation, or receive, directly or indirectly, any compensation, gifts or gratuities from any person, association or corporation during the period of official services. Nothing herein contained shall prohibit such officers from serving writs and other legal process as authorized by law. Any compensation payable to any such officer for official duties and services shall be paid only out of the proper county, or other public funds, to the amount and in the manner prescribed by law. Gifts, donations and gratuities of any nature whatsoever made by any person, association or corporation to the county or to any official or agent thereof, shall not constitute public funds within the meaning of this section.

(b) Firearms and military supplies.--No county, or any official or agent thereof, shall accept as a gratuity, gift or donation any arms, ammunition, military supplies, tear gas or equipment, or supplies or articles of a similar character from, nor shall any such gratuity, gift or donation be made by any person, association or corporation.

(c) Contract or agreement void.--Any contract or agreement, whatsoever, made in violation of the provisions of this section, shall be utterly void and of no effect, in law or in equity, and is hereby declared to be 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 in which the individual is not scheduled to perform nor performing duty as a county employee. The county is not liable for any damage resulting from an act of an individual acting under this subsection.

Section 1211-A. Penalties.

A sheriff, deputy sheriff or other county police officer or any other official of the county or any person, association or corporation, who violates the provisions of sections 1206-A, 1209-A or 1210-A 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.

Section 1212-A. Construction.

Nothing contained in section 1206-A or 1210-A shall be construed to prohibit:

(1) The appointment, employment or compensation by any county in the manner expressly provided by law of:

(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 and maintain order to, at or from fires.

(vii) Police or guards employed by nonprofit corporations or organizations.

(2) The payment by any person, association or corporation of fees or compensation for county police or other peace officers assigned to exhibitions, athletic contests or other recreational activities.

Section 1213-A. 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 execute the office of sheriff and perform all things thereunto appertaining and receive and retain the compensation provided by law for sheriffs until another sheriff is commissioned and notice thereof is given to the chief deputy sheriff.

Section 1214-A. Sheriff to keep docket.

Every sheriff shall provide and keep in office a book or books in which the sheriff shall enter all writs that may be received and the proceedings thereon, and, at the expiration of the term of office, such book or books shall be deposited in the office of the prothonotary for the inspection of all persons interested therein.

Section 1215-A. Not to exercise office until commission granted and recorded; penalty.

No person elected or appointed to the office of sheriff shall execute any of the duties of office before a commission shall have been 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. Such person shall nevertheless be liable to any person injured by any acts done by the sheriff under color of such office.

ARTICLE XII-B

CORONER

SUBARTICLE A

PRELIMINARY PROVISIONS

Section 1201-B. Applicability.

Except as otherwise expressly provided under this article, this article shall apply to counties of the second class, second class A and third through eighth class.

Section 1202-B. Definitions.

The following words and phrases when used in this article 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 person, including, but not limited to:

(1) Gross visual inspection and dissection of the body and its 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 the following which are necessary to establish and defend against challenges to the cause and manner of death of the deceased person:

(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 may refer to a medical investigator, forensic technician, laboratory director, forensic supervisor, forensic investigator, scientist or autopsy or histology technician.

SUBARTICLE B

GENERAL PROVISIONS

Section 1211-B. Deputies.

The coroner may appoint a deputy to act in the coroner's place and may appoint staff to positions established in accordance with section 1623 as the coroner determines. A deputy shall have the same powers as the coroner.

Section 1212-B. Duties regarding county morgues.

(a) Coroner.--The coroner of a county in which a county morgue is established shall:

(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 the individual's salaries.

Section 1213-B. Removal of bodies to morgue.

(a) Unidentified or unclaimed body.--When the body of a deceased person is unidentified or unclaimed by a proper person found within the county, the body shall be removed to the county morgue or, in a county of the third through 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.

(b) Removal from morgue.--A body may not be removed from a morgue except upon the authorization of the coroner.

Section 1214-B. 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.

Section 1215-B. Unclaimed property and sales.

(a) Duty.--The coroner shall safely keep in the coroner's charge:

(1) The personal effects and property that appear to have been on or about the person 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.

(c) Property unclaimed after one year.--After one year, the coroner shall direct the unclaimed or undisposed property to the commissioners to be sold at public sale. Money and property as security that may not be subject to a public sale shall be turned over to the 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.

Section 1216-B. Private morgue.

In a county of the third through eighth class in which a county morgue is not maintained, the coroner may have a body that the coroner is authorized to admit to a county morgue removed to a private facility. The county commissioners shall procure by contract, as provided under Article XVIII, the use of a private facility in consultation with the coroner.

Section 1217-B. 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 1760. Payment for an examination or professional service shall be the responsibility of the county or person requesting the service.

Section 1218-B. Coroner's investigation.

(a) Duty.--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 whether or not 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, but not limited to, 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 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 thereafter.

(10) A sudden and unexplained infant death.

(11) A stillbirth.

(b) Purpose.--The purpose of an investigation under subsection (a) shall be to determine:

(1) The cause and manner of the death.

(2) Whether or not there is sufficient reason for the coroner to believe that the death may have resulted from a criminal act or criminal neglect of a person other than the deceased.

(c) Requirements.--As part of an investigation under subsection (a), the coroner shall determine the identity of the deceased and notify the next of kin of the deceased.

Section 1219-B. 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's duty shall be to:

(1) Ascertain the cause of death.

(2) Determine whether 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.

(c) Recording.--The proceedings at the inquest shall be 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 (DNA) 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.

Section 1220-B. Child deaths.

(a) General rule.--A coroner shall perform or order an autopsy to be conducted in the case of 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) For a death of a child who is not more than three years of age where the coroner has determined that an investigation is appropriate, the investigation shall include the following information:

(i) Demographic information on the child and the child's primary caregivers.

(ii) Witness interview.

(iii) Infant medical history.

(iv) Biological mother's prenatal history.

(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.

(c) Deoxyribonucleic acid.--A deoxyribonucleic acid (DNA) sample 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.

Section 1221-B. Sudden death.

(a) General rule.--The coroner shall regard a death as sudden if:

(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.--This section shall not be construed to affect the coroner's discretion as to whether or not a death was suspicious or to authorize a coroner to investigate a sudden death further than necessary to determine the cause and manner of death.

(c) Definition.--As used in this section, the phrase "medical attendance" shall include treatment or care at a facility providing medical services, including a hospital, nursing home and hospice service.

Section 1222-B. Prohibition on moving a body.

(a) General rule.--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:

(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 might reasonably be anticipated if the body was left in place. The removal of the body shall be done so as to not substantially destroy or alter possible evidence.

Section 1223-B. Release of coroner's jurisdiction.

If a coroner assumes jurisdiction of a body under the provisions of this article or another 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.

Section 1224-B. Cooperation with district attorney.

In the exercise of duties under this article, 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.

Section 1225-B. 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.

Section 1226-B. 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.

(2) In which the coroner has jurisdiction and no individual duly authorized by law certifies the cause of death.

Section 1227-B. 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 the following:

(i) A paper.

(ii) A document in any form or media, including a medical and mental health record.

(iii) Another thing relative to the investigation or inquest.

Section 1228-B. Inquest and jury.

(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 whether a criminal act or neglect of a known or unknown individual caused the death. The jury shall be paid as provided by law as if the jury members were serving the court of common pleas.

Section 1229-B. Oaths.

The coroner may administer an oath and affirmation to an individual brought or appearing before the coroner. An individual swearing or affirming falsely on the examination commits perjury.

Section 1230-B. 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 the individual does either of the following while appearing before the coroner for examination:

(1) Refuses to take an oath or affirmation.

(2) Refuses to answer a question asked by the coroner on the matter of the inquest after having been sworn or affirmed.

(b) Case required.--The warrant under subsection (a) must set forth particularly the cause of the commitment.

(c) Length.--The individual shall remain committed until the individual submits to be sworn or affirmed, answers the questions of the coroner or is otherwise legally discharged.

Section 1231-B. Inquests.

The following shall apply:

(1) In counties of the second through eighth classes, the coroner may:

(i) Admit or exclude a member of the public from an inquest or a part of an inquest.

(ii) Admit or exclude 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 through 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.

Section 1232-B. Vacancy.

(a) Legal 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 during the remainder of the term.

(c) Fees.--A fee may not be charged on a commission issued to the coroner.

(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.

Section 1233-B. Salary of solicitor and costs in counties of the second class.

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 out of 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 out of fees received by the coroner's office.

Section 1234-B. 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).

Section 1235-B. Execution of office.

An individual elected or appointed to the office of coroner may not execute any of the duties of office before a commission has been duly granted 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.

Section 1236-B. 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 all persons interested therein.

SUBARTICLE C

FEES AND COST RECOVERY

Section 1251-B. Disposition costs.

(a) Cost of disposition.--If legal representatives make 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 1215-B shall be subject to sale to cover the cost of disposition with the balance, if any, going to the representatives. No property shall be sold under this subsection unless the coroner has provided written notice to the representative of the all of the following:

(1) The costs of disposition.

(2) A list of the property held in accordance with section 1215-B.

(3) An opportunity to pay the costs of disposition within 60 days of the notice.

(b) Costs of securing.--In cases where the coroner secures the premises of the deceased, the costs of securing may be charged against the estate of the deceased.

(c) Civil liability.--A coroner who reasonably attempts to 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.

Section 1252-B. Fees for reports.

The coroner shall charge and collect a fee of $500 for an 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 from time to time 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 1760 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 by this or any other act.

Section 23. Article XIII heading and sections 1301, 1302, 1303 and 1305 of the act are amended to read:

ARTICLE XIII

PROTHONOTARY, [CLERKS] CLERK OF COURTS, CLERK OF

ORPHANS' COURT, REGISTER OF WILLS,

RECORDER OF DEEDS

Section 1301. Election of [Prothonotaries, Clerks] Prothonotary, Clerk of Courts, [Clerks] Clerk of Orphans' Court, Register of Wills, Recorder of Deeds.--At the municipal election preceding the expiration of the term of office of any prothonotary, clerk of the [court of quarter sessions, clerk of the court of oyer and terminer] courts of common pleas , register of wills, clerk of the orphans' court or recorder of deeds of any county and quadrennially thereafter, the electors of [such] the county shall elect a person to fill [such] the office from the first Monday of January next succeeding [such] the election, for a term of four years and until [his] a successor is elected and qualified. Where, under the provisions of this act or other law, it is provided that two or more [of said] offices shall be held by the same person, only one person shall be elected to hold [such] the office.

Section 1302. How Offices to Be Held.--(a) In counties of the third and fourth classes, one person shall hold the office of prothonotary, one person the office of clerk of courts, one person the offices of register of wills and clerk of the orphans' court, and one person the office of recorder of deeds.

(a.1) Notwithstanding subsection (a) or any other law, a county advancing from the fifth to fourth class as a result of census figures certified after the primary election in the year of a municipal election may maintain the configuration of offices in effect in the county as long as the county, in consultation with the president judge of the court of common pleas of the county, deems appropriate. At such time as a county decides that reconfiguration of the offices in the county in accordance with subsection (a) or any 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 in which the offices are next up for election to effect that change.

(a.2) Notwithstanding subsection (a) or (a.1) or any other law, the county commissioners of a county advancing from the fifth to fourth class may adopt a resolution providing that one person shall continue to hold the offices of prothonotary and clerk of courts, unless local law applying to such counties shall otherwise provide.

(a.3) Notwithstanding subsection (a) or (a.1) or any other law, the county commissioners of a county advancing from the fifth to fourth class may adopt a resolution providing that one person shall hold the offices of register of wills, recorder of deeds and clerk of the orphans' court, unless local law applying to such counties shall otherwise provide.

(b) In counties of the fifth class, one person shall hold the offices of prothonotary and clerk of courts, one person the offices of register of wills and clerk of the orphans' court, and one person the office of recorder of deeds, unless local law applying to such counties shall otherwise provide.

(b.1) Notwithstanding subsection (b) or any other law, the county commissioners of a county advancing from the sixth to the fifth class may adopt a resolution providing that one person shall continue to hold the offices of register of wills, recorder of deeds and clerk of the orphans' court, unless local law applying to such counties shall otherwise provide.

(c) In counties of the sixth and seventh classes, one person shall hold the offices of prothonotary and clerk of courts, and one person the offices of register of wills, recorder of deeds and clerk of the orphans' court, unless local laws applying to such counties shall otherwise provide.

(d) In counties of the eighth class, one person shall hold the offices of prothonotary, clerk of courts, clerk of the orphans' court, register of wills and recorder of deeds, unless local laws applying to such counties shall otherwise provide.

(e) This section does not repeal any of the provisions of section one of the act, approved July two, one thousand eight hundred thirty-nine (Pamphlet Laws 559), entitled "An act to provide for the election of prothonotaries, clerks, recorders and registers," nor any of the provisions of any other local law.

(f) Any county in which the offices provided for herein are not now held as hereinbefore provided, and which desires to provide for the holding of two or more of said county offices by the same person, may, at any time hereafter, accept the provisions of this section in whole or in part, and provide for the holding of its county offices, or any of them, in the manner provided in this section for the class of counties to which it belongs. The recombining of the offices that have been separated 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 subsection authorizing the combining of the offices or any other general law applicable to the holding of offices and to the classification of the county.

(g) The proceedings to accept the provisions of this section and to join its offices or any of them, as herein provided, shall be in all respects as provided in section one thousand three hundred three of this act for the acceptance of the provisions of that section. Upon the expiration of the term of any county officer affected by such proceeding, his or her office shall be joined to the other whose term still continues, and no successor shall be elected, or, if the terms of all officers affected expire at the same time, then upon such expiration such offices shall be joined and occupied by one person elected at the preceding municipal election for such purpose.

Section 1303. Counties of Forty Thousand Inhabitants Created Separate Judicial Districts.--(a) In each county containing forty thousand inhabitants, which has been created as a separate and independent judicial district as provided by the Constitution, upon acceptance of the provisions of this section, there shall be elected one person to fill the office of prothonotary, one person to fill the office of the clerk of the courts of [quarter sessions and oyer and terminer] common pleas , one person to fill the office of register of wills and clerk of the orphans' court, and one person to fill the office of recorder of deeds, at the expiration of the terms of the persons then filling and exercising such offices in such counties.

(b) In any such county in which the offices provided for in this section are now held as above provided, [such] the offices shall continue to be so held, and persons shall continue to be elected to fill the same without any actual acceptance of this section.

(c) The acceptance of the provisions of this section shall be exercised by a decree of the court of common pleas of the county accepting the provisions thereof, upon petition of the county commissioners of such 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.

Section 1305. Appointment of First Deputies.--The recorder of deeds shall appoint one first deputy to act in the case of the death or resignation of [his] the first deputy's principal, or when the office shall become vacant from other causes. The register of wills shall appoint a deputy or deputies with powers and duties as provided [by law] in 20 Pa.C.S. Ch. 9 (relating to register of wills) .

Section 24. Section 1311 of the act is repealed:

[Section 1311. Solicitor to Register in Counties of the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--In all counties of the third, fourth, fifth, sixth, seventh and eighth classes, the register of wills is authorized to appoint one person, learned in the law, as his solicitor. Said solicitor shall advise upon all legal matters that may be submitted to him, and shall conduct any litigation when requested so to do by the register of wills.]

Section 25. Sections 1312 and 1313 of the act are amended to read:

Section 1312. Second Deputy Recorder.--The recorder of deeds may appoint a second deputy recorder of deeds, who shall possess and discharge all the rights, powers and duties of the principal deputy recorder of deeds during [his] the principal deputy's necessary or temporary absence.

Section 1313. Clerks of Recorder to Administer Oaths.--The recorder of deeds may appoint one or more clerks employed in [his] the recorder's office to administer oaths and affirmations to all persons, pertaining to the business of the recorder's office, with the same force and effect as if administered by the recorder or deputy recorder.

Section 26. Section 1314 of the act is repealed:

[Section 1314. Solicitor to Recorder of Deeds in Counties of the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--In all counties of the third, fourth, fifth, sixth, seventh and eighth classes, the recorder of deeds may appoint one person as his solicitor. Said solicitor shall advise the recorder of deeds upon all legal matters that may be submitted to him, and conduct all litigation connected with the recorder of deeds' office when requested so to do by the recorder of deeds.]

Section 27. Sections 1401, 1402, 1403, 1404, 1405, 1406, 1407, 1409, Subdivision (b) heading of Article XIV, 1420, 1421, 1424, 1425, 1426, 1440 and 1441 of the act are amended to read:

Section 1401. District Attorney; Qualifications; Eligibility; Compensation.--(a) The district attorney shall be a resident of the county, at least twenty-five years of age, and a citizen of the United States, shall have been admitted to practice as an attorney before the Supreme Court of this Commonwealth for at least one year prior to taking the oath of office and shall have resided in the county for which [he] the district attorney is elected or appointed for one year next preceding [his] election or appointment.

(f) No district attorney shall be eligible for a seat in the Legislature or to any other office under the laws and Constitution of the Commonwealth, excepting an office or commission , pursuant to 51 Pa.C.S. (relating to military affairs), in the militia of the Commonwealth, the Pennsylvania Guard or the Pennsylvania National Guard, during [his] the district attorney's continuance in office.

(g) In counties of the eighth class, the district attorney shall be full time where any of the following apply:

(1) The commissioners of the county have by ordinance fixed the services of the district attorney at full time. An ordinance under this clause 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 rules of appellate procedure. An order under this clause shall take effect in 60 days. An order under this clause directing that the office of district attorney be full time shall be made if the president judge 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 has exceeded two hundred per year;

(ii) the average caseload for homicide cases for the past five years has equaled or exceeded one per year;

(iii) the county has any State correctional facility, juvenile detention facility, youth development center, youth forestry camp, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution, with a population exceeding two hundred fifty, or if the county has more than one such facility or institution, the aggregate population of such facilities and institutions exceeds two hundred fifty;

(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) or the former 75 Pa.C.S. § 3731 (relating to driving under influence of alcohol or controlled substance) subject to the alcoholic ignition interlock statutory provision requirements exceeds thirty per year; or

(vi) the county constitutes a single and separate judicial district.

[(h) In counties of the third, fourth, fifth, sixth and seventh class:

(1) Each part-time district attorney holding office on the effective date of this subsection whose term expires January 7, 2008, shall become full time on January 2, 2006, if, after exercising due diligence in conducting an assessment of the best interests of public safety and the administration of criminal justice in the county, the part-time district attorney provides written notice to the chairman of the county commissioners, the Secretary of Revenue and the State Treasurer, no sooner than December 1, 2005, and no later than December 30, 2005, of the part-time district attorney's choice to serve as a full-time district attorney. Where a part-time district attorney holding office on the effective date of this act does not provide such notice, the office of district attorney shall remain part time for the remainder of the current term of office.

(2) A person who has been elected to the office of district attorney in a county where the district attorney is part time and whose term commences on January 2, 2006, shall, upon taking the oath of office, be a full-time district attorney if, after exercising due diligence in conducting an assessment of the best interests of public safety and the administration of criminal justice in the county, the district attorney-elect has provided written notice to the chairman of the county commissioners, the Secretary of Revenue and the State Treasurer no sooner than December 1, 2005, and no later than December 30, 2005, of the district attorney-elect's choice to serve as a full-time district attorney. Where the district attorney-elect does not provide such notice, the office of district attorney shall remain part time for the entire term of office commencing January 2, 2006.

(3) A person seeking election or re-election as district attorney in a county where the office of district attorney is a part-time position after January 2, 2006, shall, upon election and taking the oath of office, become a full-time district attorney if, prior to the deadline for filing nomination petitions or papers, the person has provided written notice to the chairman of the county commissioners, the Secretary of Revenue and the State Treasurer of the person's choice to serve as a full-time district attorney. Where the person does not provide such notice, the office of district attorney shall remain part time for the entire term of office.]

(i) Once the office of district attorney becomes full time, it shall not thereafter be changed.

(j) A full-time district attorney shall be compensated at one thousand dollars ($1,000) lower than the compensation paid to a judge of the court of common pleas in the respective judicial district.

(k) In a county where the office of district attorney is full time, the district attorney shall devote full time to the office. The district attorney while in office, shall not derive any other income as a result of honorariums, profit shares or divisions of income from any firm with which the district attorney was associated prior to election. This limitation shall not be construed, however, to preclude payment of fees earned for legal work done prior to, but not concluded until after the earlier of his being made full time or being sworn in as a full-time district attorney. In addition the district attorney shall not engage in any 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.

(l) A part-time district attorney may have an outside practice and shall be compensated[, notwithstanding the provisions of any other statutes, as follows: In counties of the third or fourth class, the salary shall be sixty per cent of the annual salary payable to the judge of the court of common pleas of the judicial district of the county; in a county of the fifth or sixth class, the salary shall be fifty per cent of the annual salary payable to the judge of the court of common pleas of the judicial district of the county; and in a county of the seventh or eighth class, the salary shall be] at forty per cent of the annual salary payable to the judge of the court of common pleas of the judicial district of the county.

(m) Except as provided in subsection (g), any office of district attorney that is part time on January 2, 2012, shall become full time as of that date.

[(n) In the event of a vacancy in the office of district attorney, the person appointed to serve the remainder of the unexpired term shall be bound by the election made in subsection (h) for the remainder of said term.]

(o) 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 of this Commonwealth insofar as such canons apply to salaries, full-time duties and conflicts of interest. Any complaint by a citizen of the 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 of Pennsylvania. If any substantive basis is found, the board shall proceed forthwith in the manner prescribed by the rules of the Supreme Court and make such recommendation for disciplinary action as it deems advisable, provided, however, that if the Supreme Court deems the violation so grave as to warrant removal from office, the prothonotary of the Supreme Court shall transmit its findings to the Speaker of the House of Representatives for such action as the House of Representatives deems appropriate under Article VI of the Constitution of Pennsylvania.

(p) The Commonwealth shall annually reimburse each county with a full-time district attorney an amount equal to sixty-five per cent of the district attorney's salary.

Section 1402. Duties of District Attorney; Entry of Nolle Prosequi.--(a) The district attorney shall sign all bills of indictment and conduct in court all criminal and other prosecutions, in the name of the Commonwealth, or, when the Commonwealth is a party, which arise in the county for which [he] the district attorney is elected, and perform all the duties which, prior to May 3, 1850, were performed by deputy attorneys general. The duties herein conferred shall be in addition to all other duties given to the said district attorney by other statutes.

Section 1403. Expenses Incurred by District Attorney.--All necessary expenses incurred by the district attorney or [his] the district attorney's assistants or any officer directed by [him] the district attorney in the investigation of crime and the apprehension and prosecution of persons charged with or suspected of the commission of crime, upon approval thereof by the district attorney and the court, shall be paid by the county from the general funds of the county. In any case where a defendant is convicted and sentenced to pay the costs of prosecution and trial, the expenses of the district attorney in connection with such prosecution shall be considered a part of the costs of the case and be paid by the defendant.

Section 1404. Filling of Vacancies.--(a) If any vacancy shall occur in the office of district attorney in a county of the second class A or third class, either by death, resignation, removal from office or from the county, or otherwise, the judges of the court of common pleas shall supply such vacancy by the appointment of a competent person to fill the office during the balance of the unexpired term.

(b) If any vacancy shall occur in the office of district attorney in a county of the fourth through eighth class, the first assistant district attorney shall become 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 ninety days after the occurrence of the vacancy. If the first assistant district attorney is unwilling or unable to serve, the judges of the court of common pleas shall fill the vacancy by the appointment of a competent person to fill the office until the first Monday in January following the next municipal election occurring not less than ninety days after the occurrence of the vacancy.

Section 1405. Misconduct of District Attorney.--(a) If any district attorney shall [wilfully] willfully and corruptly demand, take or receive any other fee or reward than such as is prescribed by law for any official duties required by law to be executed by [him] the district attorney in any criminal proceeding, or if such district attorney shall be guilty of [wilful] willful and gross negligence in the execution of the duties of [his] the office, [he] that individual shall be guilty of a misdemeanor in office, and, on conviction thereof, be sentenced to pay a fine not exceeding one thousand dollars ($1,000) and to undergo imprisonment not exceeding one year, and [his] the office shall be declared vacant.

(b) Upon complaint in writing, verified by oath or affirmation of the party aggrieved, made to the court in which any district attorney shall prosecute the pleas of the Commonwealth, charging such district attorney with [wilful] willful and gross negligence in the execution of the duties of [his] the office, the court shall cause notice of [such] the complaint to be given to the district attorney and of the time fixed by the court for [the] a hearing [of the same]. If [upon such] after the hearing the court shall be of opinion that there is probable cause for the complaint, they shall hand over or commit the district attorney to answer the same in due course of law. If the court shall be of opinion that there is no probable cause for such complaint, they shall dismiss the same, with reasonable costs to be assessed by the court.

Section 1406. District Attorney Charged with Crime.--If any district attorney is charged, according to law, with any crime or misdemeanor, before or bound over or committed by any court to answer for [wilful] willful and gross negligence in the execution of the duties of [his] the office, it shall be the duty of the court to appoint [some] a competent attorney thereof to prepare an indictment against such district attorney and to prosecute the same on behalf of the Commonwealth until final judgment. [Such] The attorney shall be paid by the county for [his] services a reasonable compensation to be fixed by the court. If [such] the district attorney [shall be] is convicted of any crime for which [he] that individual may be sentenced to imprisonment by separate or solitary confinement at labor, [his] the office shall be declared vacant by the court.

Section 1407. [Law Books] 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, such law books and other legal research resources as may be selected by the district attorney[,] and , in counties of the third through eighth classes, as approved by the president judge of the court.

Section 1409. When Private Counsel May Prosecute.--If any district attorney shall neglect or refuse to prosecute in due form of law any criminal charge regularly returned to [him] the district attorney or to the court [of the proper county], or if at any stage of the proceedings the district attorney [of the proper county] and the private counsel employed by the prosecutor shall differ as to the manner of conducting the trial, the prosecutor may present [his] a petition to the court [of the proper county], setting forth the character of the complaint, and verify the same by affidavit. If the court shall be of the opinion that it is a proper case for a criminal proceeding or prosecution, it may direct any private counsel employed by such prosecutor to conduct the entire proceeding, and where an indictment is necessary, to verify the same by [his] the private counsel's own signature, as fully as the same could be done by the district attorney.

(b) Assistant[, Special, Deputy] and Acting District

Attorneys, Stenographers and Clerks

Section 1420. Assistant[, Special Assistant and Deputy Assistant] District Attorneys; Number; Compensation.--(a) The district attorney may appoint such number of assistants, [special assistants or deputy assistants, learned in the law] licensed to practice law in this Commonwealth , to assist [him] in the discharge of [his] duties . [, as is fixed by the salary board of the county. The salary board shall fix the salary of such assistants, special assistants and deputy assistants.] The number and salary of such assistants shall be fixed by the salary board.

(b) [The] In counties of the third through eighth classes, the district attorney may appoint temporary assistants, [temporary special assistants or temporary deputy assistants, learned in the law] licensed to practice law in this Commonwealth , to assist [him] in the discharge of [his] duties, as provided by contract or other personnel agreement with the county or the district attorney. Any attorney-at-law, including a deputy Attorney General or an attorney employed by the Commonwealth, may be appointed under this subsection.

(c) [An] In counties of the third through eighth classes, an allegation of a violation of this section shall be timely raised prior to the participation of the prosecutor in question. 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) Subsections (b) and (c) shall apply to all cases pending on the effective date of this subsection and all cases thereafter, including, but not limited to, those cases on post-trial or on appeal.

Section 1421. Designation of First Assistant; Powers and Duties.--In all cases where more than one assistant district attorney is appointed, the district attorney shall designate one [of such assistants as his] assistant as the first assistant. [Such] The first assistant or the assistant district attorney where only one is appointed shall, in the absence of the district attorney from the jurisdiction or during [his] the district attorney's disability to perform the duties of [his] the office through sickness or other cause, be vested with all the duties, powers and privileges given by law to the district attorney, and generally, at such time, be empowered to do and perform all things in connection with [his] the office which the district attorney may by law be entitled to do or perform. In case of any [such] incapacity of the district attorney or [his] the first assistant, or both, any or all of such duties, powers and privileges may be done by such other assistant district attorneys, if any, as may be designated by the district attorney.

Section 1424. Court May Appoint a District Attorney for the Time Being in Counties of the Third Through Eighth Classes .--It shall be the duty of the court of [quarter sessions] common pleas of any county of the third through eighth classes to appoint a district attorney for the time being, in all cases where the district attorney and [his] the assistants shall be absent from the court. [Such] A person so appointed shall perform all the duties of the office until the regular district attorney or one of [his] the assistants shall appear in person to perform the same, and shall be paid such compensation by the county as may be fixed by the court.

Section 1425. Indictment and Cost Clerk in Counties of the Fourth Class.--The district attorney of any county of the fourth class, in addition to other assistants authorized in this subdivision, may appoint an assistant, [learned in the law] licensed to practice law in this Commonwealth , who shall be designated as indictment and cost clerk, to assist the district attorney in the discharge of [his] duties.

Section 1426. Stenographers and Clerks.--The salary board in any county may provide for the appointment by the district attorney of such clerks and stenographers in [his] the district attorney's office as may be deemed necessary for the proper dispatch of business.

Section 1440. Appointment; Duties and Compensation of County Detectives.--(a) (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 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 such other county detectives as the salary board may authorize.

(b) In counties of the fifth, sixth, seventh and eighth classes, the district attorney may appoint one chief county detective and such other county detectives as the salary board may authorize.

(c) County detectives shall, at all times, be subject to the orders of the district attorney, and shall investigate and make reports to [him] the district attorney as to the conduct in office of magistrates, constables, deputy constables and other officers connected with the administration of criminal law, shall make investigations and endeavor to obtain evidence required by the district attorney in criminal cases, and shall perform such other duties as the district attorney may direct.

(d) County detectives shall be general police officers and shall have the powers conferred on constables by the laws of this Commonwealth, so far as they relate to criminal law and procedures[.] and, in counties of the second class A, they shall serve subpoenas in cases in which the Commonwealth is a party in a court of record.

(e) [County] (1) In counties of the second class A, county detectives of every grade and rank shall not be entitled to receive any fees whatsoever but shall each receive a salary as shall be fixed by the salary board, together with all necessary traveling expenses, which said salary and expenses, having been verified by affidavit of the detective incurring the same and approved by the district attorney, 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 said amounts according to law.

(2) In counties of the third through the eighth class, county detectives of every grade and rank, in addition to their annual salary, shall be allowed their expenses actually and necessarily incurred in the performance of their duties. Such salaries and expenses shall be paid by the county as provided by law. No county detective shall be entitled to any fee whatsoever.

Section 1441. Appointment of Special Detective with Approval of Court.--The district attorney of any county may, with the approval of the salary board, whenever the court of [quarter sessions] common pleas and district attorney may deem it necessary for a particular and temporary assignment, appoint a special detective, whose duty it shall be to assist in obtaining such evidence as shall be directed by the district attorney for the Commonwealth, and perform such other duties as the court may direct. [He] The special detective shall be allowed expenses necessarily and actually incurred in the performance of [his] duties.

[Such] The special detective officer shall be a general police officer and shall have all the powers that are conferred on constables by the existing laws of this Commonwealth, so far as they relate to crimes or criminal procedure.

Section 28. Article XV.1 of the act is repealed:

[ARTICLE XV.1

SALARIES OF COUNTY OFFICERS

Section 1550. Counties of the Third Class.--The annual salaries of the following county officers of counties of the third class shall be as follows:

The sheriff, twelve thousand four hundred eighty dollars ($12,480).

The coroner, nine thousand one hundred twenty dollars ($9,120).

The prothonotary, eleven thousand five hundred twenty dollars ($11,520).

The clerk of the courts, eleven thousand five hundred twenty dollars ($11,520).

The register of wills and ex officio clerk of the orphans' court, eight thousand seven hundred sixty dollars ($8,760).

The recorder of deeds, eleven thousand five hundred twenty dollars ($11,520).

The county treasurer, ten thousand eighty dollars ($10,080).

The county controller, twelve thousand six hundred dollars ($12,600).

The county commissioners, thirteen thousand five hundred dollars ($13,500), each.

The jury commissioners, one thousand six hundred eighty dollars ($1,680), each.

The district attorney, thirteen thousand five hundred dollars ($13,500).

Section 1551. Counties of the Fourth Class.--The annual salaries of the following county officers of counties of the fourth class shall be as follows:

The district attorney, twelve thousand dollars ($12,000).

The sheriff, eleven thousand four hundred dollars ($11,400).

The prothonotary, eleven thousand one hundred sixty dollars ($11,160).

The clerk of courts, eleven thousand one hundred sixty dollars ($11,160).

The clerk of the orphans' court (other than the register of wills acting as ex officio of orphans' court), eleven thousand one hundred sixty dollars ($11,160).

The register of wills and ex officio of the orphans' court, eight thousand seven hundred sixty dollars ($8,760).

The recorder of deeds, eleven thousand one hundred sixty dollars ($11,160).

The county treasurer, nine thousand eight hundred forty dollars ($9,840).

The county commissioners, twelve thousand dollars ($12,000), each.

The coroner, eight thousand four hundred dollars ($8,400).

The jury commissioners, one thousand one hundred thirty dollars ($1,130), each.

The county controller, where such office exists, or may be created, eleven thousand one hundred sixty dollars ($11,160).

Section 1552. Counties of the Fifth Class.--The annual salaries of the following county officers of counties of the fifth class shall be as follows:

The sheriff, nine thousand six hundred dollars ($9,600).

The county comptroller, where such office exists, nine thousand six hundred dollars ($9,600).

The coroner, five thousand four hundred dollars ($5,400).

The prothonotary, nine thousand six hundred dollars ($9,600).

The clerk of quarter sessions and oyer and terminer, nine thousand six hundred dollars ($9,600).

The clerk of the orphans' court, nine thousand six hundred dollars ($9,600).

The register of wills, nine thousand six hundred dollars ($9,600).

The recorder of deeds, nine thousand six hundred dollars ($9,600).

Provided, That where any of the officers above mentioned hold two or more of the said offices, he shall receive nine thousand six hundred dollars ($9,600).

The county commissioners, ten thousand two hundred dollars ($10,200), each.

The county treasurer, nine thousand six hundred dollars ($9,600).

The jury commissioners, nine hundred dollars ($900), each.

The district attorney, ten thousand two hundred dollars ($10,200).

Section 1553. Counties of the Sixth Class.--The annual salaries of the following county officers of counties of the sixth class shall be as follows:

The clerk of the court of quarter sessions, eight thousand four hundred dollars ($8,400).

The treasurer, eight thousand one hundred sixty dollars ($8,160).

The controller, eight thousand four hundred dollars ($8,400).

The clerk of oyer and terminer, one thousand one hundred dollars ($1,100).

The clerks of the orphans' court, (other than the register of wills acting as ex officio of orphans' court) seven thousand two hundred dollars ($7,200), each.

The prothonotary, eight thousand four hundred dollars ($8,400).

The recorder of deeds, eight thousand four hundred dollars ($8,400).

The register of wills, seven thousand two hundred dollars ($7,200).

Where any of the officers above mentioned hold two or more of said offices, he shall receive the highest salary fixed for any of the offices which he holds and the additional salary of seven hundred fifty dollars ($750).

The sheriff, eight thousand four hundred dollars ($8,400).

The county commissioners, nine thousand three hundred fifty dollars ($9,350), each.

The district attorney, nine thousand four hundred fifty dollars ($9,450).

The jury commissioners shall each receive fifteen dollars ($15) for each day necessarily employed in the discharge of their duties. The said compensation shall be paid from the county treasury in the same manner as the salary or compensation of other county officers and employes.

The county auditors shall each receive twenty dollars ($20) for each six hours of work in the discharge of their duties, together with ten cents (10¢) per mile circular from and to their homes once each and every day so employed.

The fees to be received by the coroner of each county of the sixth class shall be as follows: For viewing a dead body, eighteen dollars ($18); summoning and qualifying inquest, drawing and returning all inquisitions, nine dollars fifty cents ($9.50); summoning and qualifying each witness, three dollars ($3), to be paid out of the goods, chattels, lands, or tenements of the slayer (in cases of murder or manslaughter), if any he hath, if otherwise, by the county, with mileage at the rate of ten cents for each mile circular traveled from the court house to the place of viewing the body; executing any process or writs of any kind, the same fees as are allowed to the sheriff and the same mileage.

Section 1554. Counties of the Seventh Class.--The annual salaries of the following county officers of counties of the seventh class shall be as follows:

The sheriff, six thousand two hundred forty dollars ($6,240).

The district attorney, six thousand five hundred dollars ($6,500).

The annual salary of each county commissioner shall be six thousand dollars ($6,000).

The jury commissioners shall each receive fifteen dollars ($15) for each day necessarily employed in the discharge of their duties. The said compensation shall be paid from the county treasury in the same manner as the salary or compensation of other county officers and employes.

The county auditors shall receive twenty dollars ($20) for each six hours of work in the discharge of their duties, together with ten cents (10¢) per mile circular from and to their homes, once, each and every day so employed.

The prothonotary or clerks of the several courts of common pleas, quarter sessions of the peace, oyer and terminer, and orphans' courts, the register of wills, and the recorder of deeds, shall keep, or cause to be kept, a fair and accurate account of all fees received for services performed by them or any person employed by them in their respective offices; and shall also, on the first Monday of January of each year, furnish a copy of said account, upon oath or affirmation, to the auditor appointed by the court to settle the accounts of county officers; and shall also pay to the county treasurer, for the use of the county, after deducting all necessary clerk hire and office expenses, fifty per centum on the amount of any excess over and above the sum of seven thousand two hundred dollars ($7,200), which shall be found by the said auditor, appointed by the court to settle the accounts of county officers, to have been received by any officer in any one year: Provided, That if two or more of said offices shall be held by one person, the said auditor shall add together the fees received in the offices so held, and shall charge the same percentage on the aggregate amount of fees received by such person holding more than one of said offices. A copy of the report of the said auditor, when completed, shall be presented by him to the court of common pleas of the county, and filed among the records of said court; which said report shall thereafter have all the force and effect of, and be subject to the same procedure as applies to, the report of the county auditors.

The fees to be received by the coroner of each county of the seventh class shall, in cases of murder or manslaughter, be paid by the slayer, or his estate if recovery can be had, otherwise and in all other cases by the county. The fees shall be as follows:

For viewing a dead body, eighteen dollars ($18); summoning and qualifying inquest, drawing and returning all inquisitions, nine dollars fifty cents ($9.50); summoning and qualifying each witness, three dollars ($3); to be paid out of the goods, chattels, lands, or tenements of the slayer (in cases of murder or manslaughter), if any he hath. If otherwise, by the county, with mileage at the rate of ten cents (10¢) for each mile circular traveled from the court house to the place of viewing the body; executing any process of writs of any kind, the same fees as are allowed to the sheriff and the same mileage.

Section 1555. Counties of the Eighth Class.--The annual salaries of the following county officers of counties of the eighth class shall be as follows:

The sheriff, in counties having a population of less than twelve thousand (12,000), four thousand eighty dollars ($4,080); and in counties having a population of twelve thousand (12,000) and more, but less than twenty thousand (20,000), four thousand six hundred eighty dollars ($4,680).

The county commissioners, in counties having a population of less than twelve thousand (12,000), three thousand three hundred eighty dollars ($3,380) each, and in counties having a population of twelve thousand (12,000) and more, four thousand two hundred ninety dollars ($4,290), each.

The district attorney, four thousand five hundred dollars ($4,500).

The county auditors shall each receive twenty dollars ($20) for each six hours of work in the discharge of their duties, together with ten cents (10¢) per mile circular from and to their homes, once, each and every day so employed.

The jury commissioners shall each receive fifteen dollars ($15) for each day necessarily employed in the discharge of their duties. The said compensation shall be paid from the county treasury in the same manner as the salary or compensation of other county officers and employes.

The prothonotary or clerks of the several courts of common pleas, quarter sessions of the peace, oyer and terminer, and orphans' courts, the register of wills, and the recorder of deeds, shall keep, or cause to be kept, a fair and accurate account of all fees received for services performed by them or any person employed by them in their respective offices; and shall also, on the first Monday of January of each year, furnish a copy of said account, upon oath or affirmation, to the auditor appointed by the court to settle the accounts of county officers; and shall also pay to the county treasurer, for the use of the county, after deducting all necessary clerk hire and office expenses, fifty per centum on the amount of any excess over and above the sum of seven thousand two hundred dollars ($7,200), which shall be found by the said auditor, appointed by the court to settle the accounts of county officers, to have been received by any officer in any one year: Provided, That if two or more of said offices shall be held by one person, the said auditor shall add together the fees received in the offices so held, and shall charge the same percentage on the aggregate amount of fees received by such person holding more than one of said offices. A copy of the report of the said auditor, when completed, shall be presented by him to the court of common pleas of the county, and filed among the records of said court; which said report shall thereafter have all the force and effect of, and be subject to the same procedure as applies to, the report of the county auditors.

The fees to be received by the coroner of each county of the eighth class shall, in cases of murder or manslaughter, be paid by the slayer, or his estate if recovery can be had, otherwise and in all other cases by the county. The fees shall be as follows:

For viewing a dead body, eighteen dollars ($18); summoning and qualifying inquest, drawing and returning all inquisitions, nine dollars fifty cents ($9.50); summoning and qualifying each witness, three dollars ($3); to be paid out of the goods, chattels, lands, or tenements of the slayer (in cases of murder or manslaughter), if any he hath, if otherwise, by the county, with mileage at the rate of ten cents (10¢) for each mile circular traveled from the court house to the place of viewing the body; executing any process or writs of any kind, the same fees as are allowed to the sheriff and the same mileage.

Section 1556. Insurance and Other Employe Benefits.--In addition to any 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 employe benefits, or payments made in lieu of such benefits, paid in whole or in part by the county, provided such plans, benefits or payments are offered generally to employes of the county.]

Section 29. The act is amended by adding an article to read:

ARTICLE XV.2

SALARIES OF COUNTY OFFICERS

Section 1560. Salaries of county officers.

(a) Amount.--Except where otherwise expressly provided in this act, the salaries 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."

(b) Construction.--Nothing in this act shall be construed as affecting the salaries of county officers existing as of the effective date of this subsection. Any change in salary shall be in accordance with the act referred to in subsection (a) or other applicable law.

Section 1561. Insurance and other employee benefits.

In addition to any 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 such benefits, paid in whole or in part by the county, provided such plans, benefits or payments are offered generally to employees of the county.

Section 30. Article XVI heading and sections 1601, 1602, 1603, 1605, 1607, 1608, 1609, 1610, 1622 and 1623 of the act are amended to read:

ARTICLE XVI

FEES OF SALARIED COUNTY OFFICERS; SALARY

BOARDS[; PAYMENT OF SOLICITORS APPOINTED

BY COUNTY OFFICERS]

Section 1601. Fees of Salaried County Officers to Belong to County.--[All] Except where otherwise provided by law, fees limited and appointed by law to be received by any county officer, either elected or appointed, or which they shall legally be authorized, required or entitled to charge or receive, shall belong to the county [in the following circumstances: (1) fees of every such officer in counties containing over one hundred and fifty thousand inhabitants and, (2) in counties containing one hundred and fifty thousand or less inhabitants, fees of every officer for whom a salary is fixed by law. The provisions of this subdivision shall apply to all fees belonging to the county and to all officers hereinbefore designated]. Each [of the said officers] officer shall exact, collect and receive all such fees to and for the use of [his respective] the county, except [such] taxes and fees as are levied by the Commonwealth, which shall be to and for the use of the Commonwealth. [None of said officers shall receive for his own use or for any use or purpose whatever] No officer shall use fees received for official services for any purpose , except for the use of the [proper] county or [for] the Commonwealth[, as the case may be, any fees for any official services whatsoever, except where the statute expressly designates the officer as agent of the Commonwealth and authorizes him to retain a part of such moneys for his own use].

Section 1602. System of Accounts to be Kept; Fees to be Paid to County Treasurer Monthly.--(a) Each [of said officers] officer receiving fees shall keep a system of accounts, the form of which shall be prescribed by the controller, or where such [officer] office does not exist then by the county auditors, in which or on which entry shall be made of all the moneys received for fees and of all moneys earned and chargeable upon the county, specifying the day and date, the title of the case, if [any] applicable , for what service, and from whom received.

(b) At the times designated by resolution of the county commissioners but not later than the [first Monday] tenth day of each month, each of said officers shall [pay to] :

(1) Pay to the county treasurer [of the proper county] all fees so received for each designated period. Duplicate receipts therefor shall be taken, one of which [he] the treasurer shall deposit with the county controller, or the chief clerk where the office of controller does not exist. [On the first Monday of each month, each of said officers shall deposit]

(2) Deposit with the county controller, or where the office of controller does not exist, with the county [auditor] auditors a transcript, in detail, of [his] the officer's system of accounts for the preceding month. [He] The officer shall make oath or affirmation before the county controller or the county auditors where 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 [his] the office, either by [himself] the officer , deputies or clerks, during the preceding month that said fees were severally charged and collected at regular rates, and that [he] the officer has not received and is not to receive [from any person or persons whatsoever], for any official services or duty, any other fees than those so entered on said transcript.

(c) It shall be the duty of the county controller, or the county auditors where the office of county controller does not exist, to receive such returns, to audit and verify the returns for the preceding month and to charge the county treasurer with the money for fees so paid in.

(d) Where fees are paid to one office which are for services rendered or to be rendered by another, the officer receiving the same shall specify the same on his account book and on his transcript as of the office to which they properly belong.

Section 1603. Penalty for Receiving Gratuities or Percentages.--If any of the officers included in this subdivision shall receive or stipulate to receive from any deputy or clerk or from any person [or persons] awarded any contract [for advertising or any other contract] any sum [or sums] of money as percentage on the salaries of said deputy or clerk or on the amounts or profits of said contract, or any sum [or sums] of money [whatsoever] as compensation for making any of the said appointments or contracts, or shall neglect to render the accounts or to pay over the money received for fees as required by this subdivision, or shall [wilfully] willfully neglect to make any proper entry in the book or books required to be kept, or shall [wilfully] willfully neglect to charge for any official services the fees allowed by law, or shall take to [his] the officer's own use any such fees, or fail to comply with any of the provisions of this subdivision, or neglect to discharge any of the duties herein imposed, the same shall be deemed a misdemeanor in office, and, in addition to the other penalties for such offenses, [he] the officer shall, upon conviction thereof, refund the said sum [or sums] of money [thus] unlawfully received, and shall be deemed incapable of holding the said office.

Section 1605. Officers Subject to This Subdivision to be Paid Salaries.--All [county] officers to which this subdivision applies[, whether elected by the people or appointed according to law,] and their [several] deputies and clerks, shall be paid for their services by fixed and specific salaries[, which] . The salaries shall be a charge upon the treasury of the county to which each shall respectively belong, to the extent of the fees collected and paid in by each officer respectively, or earned, where fees are chargeable upon the county treasury , except as provided in section [one thousand six hundred eight, of the fees collected and paid in by each officer respectively, or earned, where fees are chargeable upon the county treasury, and said] 1608. The salaries shall be paid weekly, bi-weekly, semi-monthly or monthly during the month in which the services were rendered, at the discretion of the county commissioners [of the county]. No voucher check or warrant shall be drawn for the payment of any [said officer, his] officers, deputies or clerks who shall not have filed the receipt and transcript for that month provided for in this subdivision.

Section 1607. Monthly Returns to be Made of Taxes and Fees Due the Commonwealth.--(a) At the same time that monthly returns are made, as required by section [one thousand six hundred two of this act, of the fees received by said officers to and for the use of their respective counties for the preceding month] 1602 , each of said officers shall make a separate return, to the Department of Revenue, of all taxes or fees collected or earned for the Commonwealth by [him] the officer , if any. [The amounts so returned by any of said officers, as received by him for the Commonwealth, shall be separately paid by him into the State Treasury through the Department of Revenue, quarterly, on the first Mondays of April, July, October and January, for which he shall take duplicate receipts.] Such taxes, fees and other amounts due the Commonwealth shall be paid over as required, but not more often than monthly, unless law or regulation provides otherwise.

(b) All commissions on the collection of any such taxes and fees for the Commonwealth shall be deemed and taken as part of the regular fees of the officer collecting the same and shall be accounted for accordingly.

(c) The provisions of this section shall apply only to the reporting and payment over of any such taxes or fees and to the treatment of commissions thereon as are not otherwise provided for by law.

Section 1608. Payment of Certain Officers.--The county solicitor, county [jailer] prison warden , county commissioners, county controller, county surveyor or engineer, county detectives, county treasurer, interpreter of courts, district attorney and his assistants, and in counties of the sixth, seventh and eighth classes all county officers for whom a salary is fixed by law and the deputies, clerks and employes of their respective offices, shall severally be paid weekly, bi-weekly, semi-monthly, or monthly, at the discretion of the county commissioners of the county. They shall be paid the full amount allowed them by law, but all fees and emoluments whatsoever that may accrue to any of them by virtue of [his] the office shall be paid by [him] the officer or employe to the county treasurer as directed by law, and all other officers shall be paid the amounts assigned them by law in accordance with the provisions of this subdivision.

Section 1609. Salaries in Lieu of Fees.--Except to the extent this section may be inconsistent with [the provisions of] any other express provision of this act, the salaries fixed and provided by law for county officers shall be in lieu of all or any moneys, fees, perquisites, or mileage expenses, and other allowances received or allowed to any such officer, and all such moneys, fees, perquisites, or mileage expenses, and other allowances, not governed by the aforesaid exceptions, shall belong to the county and shall be paid into the county treasury, except where required to be paid to the Commonwealth in the manner provided by this subdivision for fees.

Section 1610. Rights of Action and Remedies for Collection of Fees Extended to Counties.--All rights of action and all other remedies heretofore granted or extended to [county] officers to whom this subdivision applies for the collection of their respective fees are hereby extended, and shall inure to the benefit of the several counties affected by this subdivision for the collection of all fees and costs that may accrue to [said] counties under the provisions of this subdivision.

Section 1622. Salary Boards Created.--There is hereby created in each county a salary board, which shall consist of the three individual members of the board of county commissioners and the county controller in counties where there is a controller, or the county treasurer in counties where there is no controller. The [chairman] chairperson of the board of county commissioners shall be [chairman] chairperson of the salary board and the county controller or county treasurer, as the case may be, shall be secretary of the board . The board shall meet and organize on the first Monday of January of each year.

Section 1623. Number and Compensation of Officers, Deputies, Assistants, Clerks and Employes ; Revisions of Salary Schedules .--[The] (a) At each annual meeting, the board, subject to limitations imposed by law, shall fix the compensation of all appointed county officers, and the number and compensation of all deputies, assistants, clerks and other persons whose compensation is paid out of the county treasury (except employes of county officers who are paid by fees and not by salary), and of all court criers, tipstaves and other court employes, and of all officers, clerks, stenographers and employes appointed by the judges of any court and who are paid from the county treasury. [Thereupon] Between annual salary board meetings whenever required by any judge, county officer or executive head of any separate board, commission or division whose deputies', assistants', clerks' and employes' numbers or compensation is sought to be fixed, the board shall meet and consider and shall fix and determine the same. All salaries fixed under the provisions of this act shall be paid out of the county treasury in the manner provided by law.

(b) Upon action by the board in accordance with subsection (a), the number and compensation of all such officers, deputies, assistants, clerks and persons, whether fixed by statute or by any other method, are hereby repealed. In the event that any salary board shall fail to fix the number or compensation of any such officers, deputies, assistants, clerks or other employes as required by this section, the number and compensation shall continue, as fixed by or pursuant to law[, on the effective date of this act,] with like effect as though the same had been so fixed by the board, but the salary board shall have power to fix any such number or compensation at a later time and with like effect.

Section 31. Section 1624 of the act is repealed:

[Section 1624. Revisions of Salary Schedules.--At each annual meeting, the board shall revise the salary schedule so far as it shall deem such action necessary. From time to time between annual meetings, whenever required by any judge, county officer or executive head of any separate board, commission or division, the number or compensation of whose deputies, assistants, clerks and employes is sought to be fixed, the board shall meet and consider and shall fix and determine the same. All salaries fixed under the provisions of this act shall be paid out of the county treasury in the manner provided by law.]

Section 32. Section 1625 of the act is amended to read:

Section 1625. Procedure and Action of Board.--(a) Except as herein otherwise provided, whenever the board shall consider the number or salaries of the deputies or other employes of any county officer or agency, such officer or the executive head of such agency shall sit as a member of the board, as long as any matter affecting [his] the office or agency is under consideration and no longer.

(b) Whenever the board shall consider the number or salaries of the court criers or tipstaves or other court employes, the president judge of the court shall sit as a member of the board, as long as any matter affecting the court criers, tipstaves or employes of [his] the court is under consideration and no longer.

(c) (1) Whenever the board shall consider the number or salaries of the officers or employes appointed by any judge of any court, such judge shall sit as a member of the board, as long as any matter affecting any of [his] the judge's appointees is under consideration and no longer.

(2) In counties of the second class A, whenever the board shall consider the number or salaries of the employes of the prison board, the president judge of the court of common pleas shall sit as a member of the board, and the board so constituted shall fix the number and salaries of such employes, notwithstanding any general, local or special law to the contrary.

(d) The decision of a majority shall govern. Each board shall keep a correct minute book of its proceedings in all cases heard and determined by it. Such minute book shall be a public record.

Section 33. Subdivision (c) of Article XVI of the act is repealed:

[(c) Payment of Solicitors Appointed by County Officers

Section 1630. Compensation of Solicitors Appointed by County Officers.--The county commissioners may appropriate money for the payment of any solicitor appointed pursuant to this act by a county treasurer, sheriff, prothonotary, register of wills, recorder of deeds, clerk of courts, coroner, a clerk of orphans' court or the county controller or the county auditors.]

Section 34. Sections 1701.1, 1702, 1703, 1704, 1705, 1706 and 1720 of the act are amended to read:

Section 1701.1. Billing and Collection of Third, Fourth, Fifth, Sixth, Seventh and Eighth Class County Taxes.--(a) 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 [by the county treasurer] of all county and county institution district taxes levied within a third class city [by the authorities empowered to levy such taxes.] 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.

(a.1) 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 all county taxes in municipalities existing or organized under [the] 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 such taxes[.] , and by resolution, vest in the county treasurer the duties and responsibilities of billing and collecting county taxes in those municipalities.

[(b) In counties of the third, fourth, fifth, sixth, seventh and eighth class, the county commissioners may provide, by resolution, for the billing and collection of all county and county institution district taxes levied in third class cities. The county commissioners shall have the power and authority by resolution, to vest in the county treasurer the duties and responsibilities of billing and collecting county and county institution district taxes in third class cities. The resolution shall be adopted by the county 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.1) In counties of the third, fourth, fifth, sixth, seventh and eighth class in which the county commissioners provide, by resolution, for the billing and collection of all county taxes levied in municipalities existing and organized under the "Home Rule Charter and Optional Plans Law," that have eliminated the elective office of tax collector, the county commissioners shall have the power and authority, by resolution, to vest in the county treasurer the duties and responsibilities of billing and collecting county taxes.]

(b.2) Notwithstanding any law to the 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 employe 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 employe 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 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.

(b.3) 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 has been 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."

(c) The county commissioners may appoint such other employes as may be necessary to carry out the provisions of this section.

(d) [The] Except as may otherwise be provided in the "Local Tax Collection Law," the compensation of personnel and other expenses of billing and collecting county and institution district taxes pursuant to this section shall be paid out of the general fund in the county treasury. The compensation and number of such employes other than the county treasurer shall be governed by the provisions of this act relating to the county salary board. If the county treasurer is designated as the collector of the county and county institution district taxes [he] that person shall not receive added compensation for performing such functions.

(e) The treasurer shall be governed by the provisions of [the act of May 25, 1945 (P.L.1050) known as] the "Local Tax Collection Law" and its amendments.

Section 1702. Functions of the Controller.--(a) (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 of the county including the related accounts and official acts [relating thereto] 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 not be applicable to the management of the fiscal policies of the county commissioners, or to matters not involving the accounts and transactions of officers or other persons 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 1705. 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 controller may only refuse to authorize any fiscal transaction which is, by law, subject to his or her supervision or 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] 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. [He] The controller may at any time require from any such officers or other persons, in writing, an account of all assets which may have come into their control. Immediately, on the discovery of any default or delinquency, [he] the controller shall report the same to the commissioners and to the district attorney of the county for such prosecution as may be warranted, and shall take immediate measures to secure the public assets.

(b) Pursuant to subsection (a), the county commissioners [may], for the purpose of meeting Federal or State requirements, may issue a request for proposals for and contract with [or employ] 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 and/or in addition to, that conducted by the county controller or auditors. [Such contracts shall be discussed with the controller prior to execution, and the] 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.

Section 1703. Accounts of Officers.--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] that individual's possession or under [his] that individual's control funds belonging to the county, and shall, during regular office hours, give information respecting any of said accounts to any taxpayer of the county demanding the same.

[He] The controller shall have power and authority to require each and every county officer to make a quarterly statement with respect to moneys in [his] 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 such institutions. [He] The controller shall have power to examine every such account of a county officer in any bank, banking institution or trust company, to verify the accuracy of the statement of such county officer. 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 the account of such county 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 a county officer.

Section 1704. Custody of Documents.--The controller shall have [the] 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, and [of] all executed contracts entered into by or on behalf of the county, and [of all books, documents and papers] all records relating to its financial affairs, and [of] all bonds and other obligations issued by [said] the county, when paid. Such bonds and other obligations, when so paid, shall be [distinctly cancelled] monitored by the controller [and carefully and regularly filed, a register] , a ledger of which [cancellation] shall be [kept] maintained by him or her in a book [to be provided for that purpose.] or an electronic file dedicated for that purpose and retained according to the most recent edition of the County Records Manual.

Section 1705. [Books of Fiscal Affairs] Financial Records .--The controller shall [keep] maintain a full and regular set of [books] financial records, including the general ledger, in 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, as may be necessary to meet Federal and State reporting requirements and to show distinctly and separately all the property of the county, its revenue and expenditures, and all debts and accounts due by the county officers or others, and the amount raised from each source of revenue, and the expenditures in detail, and classified by reference to the objects thereof. [He] The controller shall [prescribe] select and administer the form and manner of [keeping] maintaining the official [books and papers] financial records in connection with the fiscal affairs of the county. Where the controller prescribes a change in the form and manner of [keeping] maintaining the official [books and papers] financial records , any costs necessary for implementation shall be subject to the approval of the county commissioners. In counties without a controller, the requirements of this section shall be fulfilled by the office of the county commissioners.

Section 1706. Investment of Funds.--(a) [The] (1) In counties of the second class A, the county treasurer shall have the power, subject to subsection (b)(1) and any conditions and limitations in this article, to invest and reinvest the moneys of the general fund and special funds as shall have accumulated beyond the ordinary needs of said 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 the commissioners who serves in an elective county office, as to such moneys not otherwise required by law to be invested that [his] the individual's office is required to collect, administer or disburse) shall invest such moneys 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) [The] (1) In counties of the second class A, a board of investment is hereby 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 act, 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 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 commissioners. Other elective officials authorized to make investments under subsection [(a)] (a)(2) shall make investments in conformity with the commissioners investment program.

(c) Authorized types of investments or financial products for such moneys [shall be:] , 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) United States Treasury bills.

(2) Short-term obligations of the United States Government or its agencies or instrumentalities.

(3) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions having their principal place of business in the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.

(4) Obligations of the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America, the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth, or of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.

(5) Shares of an investment company registered under the Investment Company Act of 1940, whose shares are registered under the Securities Act of 1933, provided that the only investments of that company are in the authorized investments for county funds listed in clauses (1) through (4).

(6) Certificates of deposit purchased from institutions having their principal place of business in the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured, however, for any amounts above the insured maximum, such certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and such collateral may include loans (including interest in pools of loans) secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to twenty per centum of an institutions assets minus liabilities.

(7) Certificates of deposit purchased from institutions having their principal place of business outside the Commonwealth and insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that such accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to twenty per centum of an institution's assets minus liabilities.

(8) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to fiduciaries investments) shall be an authorized investment for any pension or retirement fund.

(9) "Commercial paper" and "prime commercial paper" as provided for in subsection (d).]

(10) Obligations of the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America, including United States Treasury bills, of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth, or of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.

(11) 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 so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository. The deposits are differentiated from savings or demand deposits as authorized by the act of July 25, 1973 (P.L.217, No.53).

(12) 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 funds in clauses (10) and (11) 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.

(13) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be 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 twenty per centum 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 twenty per centum of an institution's assets minus liabilities.

(14) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to municipalities investments) shall be an authorized investment for any pension or retirement fund.

[(d) As used herein "commercial paper" shall mean unsecured promissory notes issued at a discount from par by any industrial, common carrier, public utility or finance company and "prime commercial paper" shall mean notes issued by corporations whose credit has been approved by the National Credit Office, Incorporated, New York, or its successor. The treasurer shall have obtained the following prior to any commitment to purchase commercial paper:

(1) A certification or other evidence that such commercial paper is rated prime by the National Credit Office, Incorporated.

(2) A certification or other evidence that the paper proposed to be delivered is not subordinate to any other debt of the issuer.

(3) A certificate or other evidence that there is no litigation pending or threatened affecting said paper.

(4) A certificate or other evidence that the issuer is not in default as to the payment of principal and interest upon any of its outstanding obligations.

(5) A certificate or other evidence that the issuer was incorporated within the United States, is transacting business within the United States, and has assets of one billion dollars ($1,000,000,000) or more, or is a wholly owned subsidiary of a Pennsylvania corporation having assets of one billion dollars ($1,000,000,000) or more.

(6) The treasurer shall not, at any time, have invested in prime commercial paper more than an aggregate of such total sum as the board shall have prescribed.]

(d.1) Officials, as authorized in subsection (a)(1) or (2), shall not, at any time, 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 board of commissioners shall have prescribed.

(e) [In] Officials making investments of county funds, [the commissioners (or other elected officials when authorized as provided in subsection (a))] as authorized in subsection (a)(1) or (2), shall have authority:

(1) To permit assets pledged as collateral under subsection [(c)(3)] (c)(11) , to be pooled 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; 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 funds.

(2) To combine moneys from more than one fund under county control for the purchase of a single investment, provided that each of the funds combined for the purpose shall be 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) To 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, provided that the requirements of clause (2) on separate accounting of individual funds and separate computation, recording and crediting of the earnings therefrom are adhered to.

(4) To join with the Commonwealth, political subdivision or redevelopment authority in the purchase of real estate for the purposes of community and economic development.

(5) To grant funds to the Commonwealth, political subdivision or redevelopment authority for the purposes of supporting community and economic development projects.

(f) All income earned on any of the investments shall inure to the benefit of the county and shall be placed in the general fund except as otherwise directed by the commissioners or restricted by law.

Section 1720. Controller's or Auditors' Settlement of Accounts; Report to Common Pleas; Publications; Financial Report to Department of Community and Economic Development.-- (a) The controller or auditors, as may be the case, shall, at the end of each fiscal year, complete the audit, settlement and adjustment of the accounts of all county officers. [He] The controller or auditors shall, before the first day of July in every year, make a report, verified by oath or affirmation, to the [Court of Common Pleas of said county] county court of common pleas, unless upon due cause shown the court shall grant an extension of time , 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. [A concise summary of this report]

(b) Within ten days after making a report to the court of common pleas, notice that the report is available for public inspection shall [thereupon] be published one time in [such newspapers published in said] 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 [thereof] of newspaper publication shall not exceed fifteen hundred dollars ($1500) in any one year in any county, to be paid for out of the county treasury. 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 hours and on the official publicly accessible Internet website of the county. Such report may also be published in printed pamphlets at the cost of the county, the number and cost of such pamphlets to be determined by the controller or auditors and the county commissioners with consideration of current budget allocations .

(c) The controller shall also, [before the first day of July,] 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 the first of July, whichever is 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[, and subject to the penalties provided in section one thousand seven hundred twenty-one of this act for auditors refusing or neglecting to make similar reports. Within the summary of the auditor's or controller's report, there shall be a notice to the public that the entire text of the report shall be available for public inspection during regular business hours in the office of the auditor or controller.] .

(d) Any controller or auditors refusing or neglecting to file a report with the Department of Community and Economic Development as required by this section shall, upon conviction in a summary proceeding brought at the instance of the department, be sentenced to pay a fine of five dollars ($5) for each day's delay beyond said first day of July and costs. All fines recovered shall be for the use of the Commonwealth.

Section 35. The act is amended by adding a section to read:

Section 1720.1. Audit of Additional Accounts.--(a) It shall be the duty of the controller or county auditors to audit, settle and adjust the accounts of:

(1) Every parole and probation officer, appointed by the court under law, who shall receive from any person money paid under any order, sentence or judgment of any court, and to report the results of the audits to the court which has appointed the officer.

(2) Any money appropriated by the county to units of the 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 to the governing body of each political subdivision which is entitled or has a right to receive any money or funds collected by a magistrate or district justice.

(4) The treasurer of the county with the State Treasury, and each of the other officers in 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, and to make a separate report thereof 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 ten days after the same is prepared.

(5) Other county funds as may be prescribed by law for the controller or county auditors to audit, settle and adjust.

(b) All taxes, penalties, fines and costs collected by the county treasurer and belonging to any taxing district shall be entered and carried in the records of the county in the same manner as county money, shall be audited in like manner, and when paid to the taxing district entitled thereto, as provided by law, payments shall be made on voucher checks in the same manner as payments are made of county money.

Section 36. Sections 1721, 1722, 1722.1, 1723 and 1724 of the act are repealed:

[Section 1721. Audit of Accounts by Auditors; Report to Common Pleas; Publications; Financial Report to Department of Community and Economic Development.--(a) The auditors shall audit, settle and adjust the accounts of all county officers of the county, and make an annual report thereof, on or before the first day of the following July, 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 county, and a statement of the balance due from or to such county officers.

(b) The auditor's report shall be prepared and within ten days after being filed in the court of common pleas, a concise summary thereof shall be published, once, in at least two newspapers published in said county; or if not more than one newspaper is published in the county, then in such newspaper; or if there be no newspaper published in the county, then in one newspaper of general circulation in said county. The expense of the publication of said summary shall be paid by the county. Within the summary of the auditor's or controller's report, there shall be a notice to the public that the entire text of the report shall be available for public inspection during regular business hours in the office of the auditor or controller.

(c) The county auditors shall also make an annual report of the financial condition of the county to the Department of Community and Economic Development, which report shall be signed by a majority of the auditors, and duly verified by the oath or affirmation of one of the auditors. The report shall be presented on a form furnished by the Secretary of Community and Economic Development, and shall be filed on or before the first day of the following July.

(d) Any auditors refusing or wilfully neglecting to file the report required by this section shall, upon conviction thereof, in a summary proceeding brought at the instance of the Department of Community and Economic Development, be sentenced to pay a fine of five dollars ($5) for each day's delay beyond said first day of July, and costs. All fines recovered shall be for the use of the Commonwealth.

Section 1722. Audit of the Accounts of Parole and Probation Officers and of Appropriations to National Guard Units.--It shall be the duty of the controller or county auditors to audit, settle and adjust the accounts of every parole and probation officer, appointed by the court pursuant to law, who shall receive from any person or persons moneys paid under any order, sentence or judgment of any court, and to report the results of such audits to the court which shall have appointed such officer. The controller or county auditors shall likewise audit, settle and adjust the accounts of any moneys appropriated by the county to units of the National Guard.

Section 1722.1. Audit of Accounts of Minor Judiciary.--The controller or county auditors shall annually audit the accounts of every alderman, magistrate or district justice within the county and report the results of such audits to the county commissioners, the Auditor General and to the governing body of each political subdivision which is entitled or has a right to receive any moneys or funds collected by any such alderman, magistrate or district justice.

Section 1723. Accounts and Audits of Moneys Collected for Taxing Units Within the County; Payments.--All taxes, penalties, fines and costs collected by the county treasurer and belonging to any city, borough, township, incorporated town, school district or institution district shall be entered and carried in the books of the county in the same manner as county moneys, shall be audited in like manner, and when paid to the taxing district entitled thereto, as provided by law, such payments shall be made on voucher checks in the same manner as payments are made of county moneys.

Section 1724. Audit of Accounts of Commonwealth Moneys.--It shall also be the duty of the controller or auditors to audit, settle and adjust the accounts of the treasurer of the county with the State Treasury, and of each of such other officers in 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, and to make a separate report thereof to the court of common pleas, together with a statement of the balances due from or to such treasurer or other officer. A certified copy of such report shall be transmitted to the Auditor General or Department of Revenue, as the case may be, within ten days after the same is prepared.]

Section 37. Sections 1724.1, 1725 and 1727 of the act are amended to read:

Section 1724.1. Audit of [Miscellaneous] Insurance and Escrow Accounts.--For the purposes of this act 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 funds or public money.

Section 1725. Power of Subpoena and Attachment.--The controller or auditors shall have power to issue subpoenas to obtain the attendance of the officers whose accounts they are required to adjust, their executors and administrators, and of any person whom it may be necessary to examine as witnesses, and to compel their attendance by attachment, in accordance with the Pennsylvania Rules of Civil Procedure, in like manner and to the same extent as any court of common pleas of this [State] Commonwealth may or can do in cases pending before them, and also to compel in like manner the production of all books, vouchers and papers relative to such accounts. Such subpoena [and attachment] shall be served and executed by the sheriff or [coroner] any constable of the county, as the case may require.

Section 1727. Refusal to Obey Subpoena or Submit to Examination.--[If any person] A person shall be guilty of a misdemeanor for any of the following:

(1) Refusing to appear or produce documents after being served a subpoena in accordance with this article.

(2) After appearing before the controller or auditors for examination [shall refuse] , refusing to take oath or affirmation[, or after] .

(3) After having been sworn or affirmed [shall refuse] , refusing to [make] answer [to such] questions [as shall be put to him by] of the controller or auditors touching the public accounts or the official conduct of any public officers[, he shall be guilty of a misdemeanor].

Section 38. Section 1730 of the act is amended by adding a subsection to read:

Section 1730. Filing Reports.--* * *

(c) The amount of a balance and of any express surcharge found in a report as provided in subsection (b) 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. The county or the Commonwealth, as the case may be, may execute on a final judgment under this section against the property of the defaulting officer in accordance with law and rule of court.

Section 39. Sections 1731, 1733, 1750, 1751, 1752, 1753, 1754 and 1760 of the act are amended to read:

Section 1731. Appeals from Reports.-- (a) An appeal may be taken from such reports to the court of common pleas, either by the Commonwealth, the county or the officer. Such appeal may also be taken by ten or more taxpayers in behalf of the county[, in the manner and subject to the restrictions provided by article twenty-eight of this act].

[Such] (b) The appeal shall be entered by the Commonwealth within four months, and by the county [and the officer] , the officer or taxpayers within sixty days after the filing of the report. No appeal by officers or taxpayers may be allowed, unless within the time of taking the appeal the appellant secures a bond in the sum of one thousand dollars ($1,000) with sufficient surety to prosecute the appeal and to pay the costs of appeal in case, if the appellant is a taxpayer, the appellant fails to obtain a final decision more favorable to the Commonwealth or county than that awarded by the auditors or in case, if the appellant is an officer, the appellant fails to obtain a final decision more favorable to the officer than that awarded by the auditors. Unless the bond is filed as required under this section, the court of common pleas, upon application, shall set aside the appeal.

(c) 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. If the surcharge is upheld on appeal to the court of common pleas, the officer so surcharged shall immediately pay the costs and money due to the county , but only to the extent of actual loss .

Section 1733. Allowance of [Counsel] Attorney Fees.--[When an appeal is taken from the county auditors' reports or the controller's reports and such appeal results favorably to the appellants in such a manner that money is recovered for any county, the court hearing such appeal shall make an order to pay a counsel fee which it deems just and reasonable to the counsel representing such appeal out of the funds so recovered.]

(a) Upon final determination of an appeal taken under section 1731, attorney fees shall be awarded as follows:

(1) If in the opinion of the court the final determination is more favorable to the officer involved than that awarded by the controller or auditors, the county shall pay reasonable attorney fees or, under clause (3), a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding.

(2) In the case of an appeal taken by the Commonwealth, the county or taxpayers, if in the opinion of the court the 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 or, under clause (3), a portion of reasonable attorney fees incurred by the Commonwealth, county or taxpayers in connection with the surcharge proceeding.

(3) If in the opinion of the court the 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 it 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) The attorney fees in case of appeals involving accounts other than those of county officers shall be allocated in the court's discretion.

(c) In adjudications of the official actions of the auditors or controllers other than appeals as provided in section 1731, the court may award reasonable attorney fees to the prevailing party as may be just and equitable. Nothing in this section shall be construed as authorizing personal liability for attorney fees or costs.

Section 1750. Claims Against County.--The controller or the county commissioners in counties having no controller shall scrutinize, audit and decide on all bills, claims and demands whatsoever against the county, except such as are otherwise provided for in this subdivision. All persons having such claims shall first present [the same] the claims to the controller or to the county commissioners and, if required, make oath or affirmation before [him or them] the controller or commissioners to the correctness [thereof] of the claims . The controller or the commissioners, as the case may be, may[, if he or they deem 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 or they] The controller or commissioners may inquire or ascertain whether any officer or agent of the county 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 provisions of this act by making two or more contracts for small amounts which should have been in one. If [he or they] either shall find [that there has been any evasion, or] that any such officer or agent is so interested, [he or they] except as provided under section 1806, or that there has been any evasion, the controller or commissioners shall refuse to approve the claim.

Section 1751. Procedure for Approval.--[The] (a) In counties having a controller, the controller shall date, upon receipt, all bills, claims and demands [presented to him] which the controller approves , [which he approves and only for such as he approves,] and shall forward the bills, claims or demands along with checks therefor to the county commissioners for their approval or, if already approved by the commissioners, for their signatures as provided in this section. If the county commissioners approve payment of a bill, claim or demand, 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. The bill, claim or demand shall be returned to the controller for filing in [his] the controller's office and the check shall be forwarded to the county treasurer. The county treasurer shall sign the check as [his] the treasurer's draft upon the county treasury, but [he] the treasurer shall not sign any check not already signed, as herein provided, by the commissioners and the controller. Every check issued shall include reference to its corresponding bill, claim or demand as well as the number or numbers which may be put upon it by the county treasurer. If the county commissioners refuse to approve any bill, claim or demand, they shall return the same together with the check involved to the controller for filing in [his] the controller's office.

(b) In counties not having a controller, the county commissioners shall approve each transaction and the check shall be drawn by their chief clerk who shall keep files of the bills, claims or demands involved. At least two commissioners shall sign the checks either personally or by facsimile, and they shall be forwarded, together with a check register or similar description of the corresponding bill, claim or demand providing a clear description of the nature and purpose of the expenditure, to the county treasurer for [his] the treasurer's signature.

(c) In all cases the [cancelled] canceled checks or official bank record thereof, shall be filed in the office of the county treasurer, but [he] the treasurer shall transmit, at such times as the controller shall establish, a list of all checks paid from the county treasury and not previously transmitted, along with appropriate identification. The county treasurer and the controller in those counties having a controller are authorized to use a facsimile signature on any check which they are required to sign. Nothing in this section shall preclude the receipt or transfer of funds to or from the county, or payment of a bill, claim or demand, by electronic fund transfer, provided that adequate and recognized fiscal and procedural controls, together with proper system security, are in place.

Section 1752. Claims Not Approved by Controller.--If , upon receipt, the controller does not approve a claim, bill or demand [presented to him, he] , the controller shall within [thirty] fifteen days forward it to the county commissioners together with [his] notice that [he] the controller has disapproved the claim, bill or demand or is unable to approve the same and [his] the reasons therefor. The county commissioners shall consider the claim, bill or demand and, if they consider that it should be paid by the county, they shall so notify the controller. If the controller thereafter continues to refuse [his] approval no payment shall be made thereon by the county except pursuant to an order of court upon a proper issue thereto directing the controller to approve payment.

Section 1753. Reports to Commissioners.--[The] At the request of the commissioners, 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.

Section 1754. Fees of Witnesses and Jurors.--Fees of jurors and witnesses shall be ascertained by the courts of the county entered upon the records thereof and duly certified by their respective clerks to the commissioners being first sworn to or affirmed before the controller or the chief clerk of the commissioners as the case may be. [The commissioners, then, may draw checks therefor without approval of the controller. The certificates shall be filed with the controller or the commissioners where there is no controller after the checks are issued.]

Section 1760. Receipts and Accounts of Money Due County.--The county treasurer shall receive and receipt for all moneys due or accruing to the county. [He] The treasurer shall keep proper accounts of all moneys received and disbursed. [His books] The treasurer's records shall be, at all times during office hours, open to the inspection of the controller and the commissioners, or any of [them] the commissioners in counties having no controller. [He] The treasurer shall issue receipts[, at least in triplicate,] for all moneys received for the county, and shall transmit the duplicate or triplicate thereof daily to the controller, or to the county commissioners in counties having no controller. Said receipts shall be serially numbered, shall indicate the amount of money received, from whom, on what account and the date. [He] The treasurer shall likewise keep daily records of all disbursals from the county treasury, and shall forward daily records thereof to the controller, or the commissioners as the case may be. The controller, or the chief clerk of the commissioners where there is no controller, shall have the right to [a certified daily or monthly deposit slip] review depository account information upon request from the county depository or depositories, without prejudice to the said depositories, of all moneys deposited in the name of the county by the treasurer. In counties having no controller, the treasurer shall render, at least quarterly and oftener, if required, a statement of all moneys received and disbursed since [his] the treasurer's last statement, showing the balance remaining in [his] the accounts and the names of the collectors having arrearages in taxes with the amounts thereof. [He] The treasurer shall state [his] the accounts at the end of each fiscal year, which statement shall be examined by the commissioners and delivered by them to the auditors for settlement.

Section 40. Section 1761 of the act is repealed:

[Section 1761. Moneys Paid for the Redemption of Unseated Land Sold for Taxes.--The treasurer shall pay over to his successor in office all moneys paid to him for the redemption of unseated land sold for taxes, which have not been called for by the purchasers at treasurer's sale or their legal representatives during the continuance in office of such treasurer. The county controller or auditor shall charge the moneys so received to said treasurer, in the same manner that other money received by him is charged, and the same shall be paid to said purchasers, or their legal representatives when called for, by orders drawn by the commissioners of the county upon the treasurer as in other cases.]

Section 41. Sections 1762, 1770, 1770.1 and 1771 of the act are amended to read:

Section 1762. Depositories.--(a) The county commissioners together with the county treasurer shall, from time to time, designate, by resolution, a depository or depositories for all county funds to be deposited. Such depository or depositories shall be banks, banking institutions or trust companies, located in the Commonwealth.

(b) (1) Depositories so designated shall, upon receipt of notice of their selection as a depository of county funds, [furnish a bond to secure payment of deposits and any interest to the county, secured by a surety company, or by the depositing in escrow of securities to be approved by the county commissioners. The parties may, by agreement, provide for substitution of securities so held in escrow, the securities in every case to be approved by the commissioners. Such bonds shall be in a sum to be fixed by resolution of the county commissioners.] collateralize deposits of public funds 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; 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," which authorizes financial institutions to pledge collateral in an account in the name of the county, or utilize 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 fifteen days after the end of each month to the commissioners in accordance with the reporting requirements in the act of August 6, 1971 (P.L.281, No.72), including the composition of the collateral and related market value.

(2) Counties may elect to require that any depositories must pledge collateral in an account in the name of the county to collateralize deposits above the Federal Deposit Insurance Corporation limit. These accounts may be custodied with 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 and include 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 board of investment or board of 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 one hundred and two per centum 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 shall not be required to [furnish a bond or deposit securities in escrow to] secure payment of deposits and interest insured by the Federal Deposit Insurance Corporation.

(c) The county treasurer shall, upon the designation of such depository or depositories, immediately, transfer thereto all county funds to be deposited, and shall, thereafter, keep such deposits solely in such depository or depositories in the name of the county. Withdrawals from such depository shall be only drawn by the treasurer, upon properly authorized checks or by other commercially accepted methods of electronic funds transfer which have been specifically approved by the board of commissioners.

(d) Neither county commissioners nor treasurer complying with the provisions of this [section] article , nor their surety or sureties, shall be chargeable with losses of county funds caused by the failure or negligence of such depository or depositories.

Section 1770. Tax Levies.-- (a) No tax shall be levied on personal property taxable for county purposes where the rate of taxation thereon is fixed by law other than at the rate so fixed. The county commissioners shall fix, by resolution, the rate of taxation for each year.

(a.1) 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 2707, for the payment of the matters connected with parks and related matters under section 2507. No tax for general county purposes in any county of the second class A shall in any one year exceed the rate of forty mills on every dollar of the adjusted valuation. The rate of taxation for payment of interest and principal on any indebtedness incurred pursuant to 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. 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 one hundred dollars ($100) of assessed valuation of taxable property.

(a.2) The county commissioners in counties of 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, annual taxes to pay the current expense of the institution district, none of which shall exceed fifteen mills on the dollar of the last adjusted assessed valuation for county purposes. 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.

(b) No tax for general county purposes in [counties] a county of the third, fourth, fifth, sixth, seventh [and] or eighth [classes] class , exclusive of the requirements for the payment of rentals to any municipal authority, shall in any one year exceed the rate of twenty-five 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 pleas, in which case the court may order a rate of not more than five mills additional to be levied: Provided, however, That the rate of taxation for payment of interest and principal on any indebtedness incurred [pursuant to the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act,"] 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. Tax for payment of rentals to any municipal authority shall not exceed the rate of ten mills on every dollar of the adjusted valuation and shall be in addition to the twenty-five mill limitation for general county purposes. 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 one hundred dollars of assessed valuation of taxable property.

(c) In a county of the fourth, fifth, sixth, seventh or eighth class:

(1) The rate of taxation fixed for any occupation tax levied by a county [of the fourth, fifth, sixth, seventh or eighth class] shall not in any one year exceed twenty mills. The county commissioners may, by resolution, abolish the levy and collection of occupation taxes for county purposes.

(2) The county commissioners [of counties of the fourth, fifth, sixth, seventh and eighth classes] may levy and collect an annual per capita tax on persons for county purposes.

(3) Any county [of the fourth, fifth, sixth, seventh or eighth class] which shall become a county of the third class may collect for a period of four years after such status has been certified a per capita tax from any person not in any one year to exceed a total of five dollars ($5) for county purposes.

(d) In a county of the third, fourth, fifth, sixth, seventh or eighth class:

(1) No tax shall be levied and collected for county 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.

(2) Any per capita taxes levied upon and collected from any person shall not in any one year exceed a total of five dollars ($5) for county and institution district purposes.

(3) Any county may, by ordinance or resolution, exempt any person whose total income from all sources is less than [ten thousand dollars ($10,000)] 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 act.

Section 1770.1. Additions and Revisions to Duplicates.--Whenever 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 such 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 board of county commissioners, cause to be inspected and reassessed, subject to the right of appeal and adjustment provided by the act of Assembly under which assessments are made, all taxable property in the county to which major improvements have been made after January first, and to give notice of such reassessments [within ten days] 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. Such property shall then 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. Any improvement made during the month shall be computed as having been made on the first of the month. A certified copy of the additions or revisions to the duplicate shall be furnished by the board of county commissioners to the proper tax collector for the county and, within ten days thereafter, the tax collector shall notify the owner of the property of the taxes due the county.

Whenever an assessment is made for a portion of a year as above provided, the same shall be added to the duplicate of the following or succeeding year unless the value of the improvements has already been included in said duplicate.

Section 1771. Temporary Loans.--Whenever the funds of a county have been exhausted, the county commissioners may borrow[, on the credit of the county,] money in anticipation of taxes to be collected for the current fiscal year[, and issue a certificate of indebtedness] in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), payable on a certain date, not exceeding [one year from the date of issue] the last day of the fiscal year in which the tax anticipation note is issued .

Section 42. The act is amended by adding sections to read:

Section 1773. Supplemental Appropriations, Transfers of Funds and Appropriation Limits.--(a) The commissioners may:

(1) 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.

(2) Authorize the transfer of:

(i) Any unencumbered balance of any appropriation item or any portion thereof.

(ii) Within the same fund, any unencumbered balance or any portion thereof from one spending agency to another.

(3) During the last fifteen days of a fiscal year, authorize the transfer of any unencumbered balance, or any portion thereof, from any county fund to any fund of the institution district, and to reappropriate that money to the institution district.

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

Section 1774. Banks Authorized to Receive Taxes in Counties of the Second Class A.--The county commissioners together with the county treasurer and the county controller in second class A counties shall have authority to 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. The county tax collector shall not be held responsible for losses occasioned by the failure of any institution, for money received by it as a deputy. Each institution acting as 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. Each payment shall be accompanied by an itemized statement showing what taxes have been paid, the dates when paid and by whom they have been paid. An institution shall not be allowed any compensation or commission for acting as a deputy other than expenses actually incurred in transmitting money and records of payments to the county tax collector.

Each institution, before entering upon the duties of receiving and receipting for taxes, shall post security in an amount as determined by the commissioners together with the treasurer and the county controller, to ensure the faithful performance of duties and the payment over of all taxes and money received.

Section 43. Section 1780 of the act is amended to read:

Section 1780. Fiscal Year and [Passage of Budgets] Preparation of Proposed Annual Budget .-- (a) The fiscal year of each county shall begin on the first day of January and end on the thirty-first day of December of each year .

(a.1) The commissioners, at least ninety days prior to adopting the budget, 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 under subsection (b), or by the commissioners, a finance department or a designated person employed, and qualified, by the commissioners.

(b) At the request of the commissioners, but in no case less than sixty 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 the immediately preceding fiscal year and a comparative statement of expenditures, including interest due and to fall due on all lawful interest-bearing debts of the county for the same years. In counties where 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 all appropriation requests, submitted to the controller or to the commissioners and supplied by them to the controller, from the several county offices and agencies, including estimates of expenditures contemplated by the commissioners as forwarded by them to the controller.

(c) The information requested by the commissioners in accordance with subsection (a.1) or (b) shall be in form and detail as the commissioners direct upon the form or forms furnished, as under this subdivision, by the Department of Community and Economic Development. With this information as a guide, the commissioners shall, within a reasonable time, begin the preparation of a proposed budget for the succeeding fiscal year.

Section 44. Section 1781 of the act is repealed:

[Section 1781. Preparation of Proposed Annual Budget.--(a)

The commissioners, at least ninety days prior to adopting the budget, shall begin the preparation of the proposed budget for the succeeding fiscal year.

(b) At the request of the commissioners, but in no case less than sixty days prior to adoption of the budget by the commissioners, the controller 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 debts of the county for the same years. In counties where 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.

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

(d) Said statements shall be in such form and detail as the commissioners direct. With this information as a guide, the commissioners shall, within a reasonable time, begin the preparation of a proposed budget for the succeeding fiscal year.

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

Section 45. Sections 1782, 1782.1 and 1782.2 of the act are amended to read:

Section 1782. Adoption of Budget; Publication of Proposed Budget and Notice of Final Action Date.--(a) The proposed budget shall be prepared and adopted [not later than December thirty-first, and notice thereof shall be published, 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 likewise be made a matter of public notice for at least ten days prior thereto.] as follows:

(1) The public shall be given notice by publication in one newspaper of general circulation at least twenty days before the date set for the adoption of the budget that the 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) [Should it appear upon] If any revision of the proposed budget[,] is made after it has been published, such 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.

Section 1782.1. Amending Budget; Notice.--During the month of January next following any municipal election the commissioners [of any county] 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 as provided in section 110 of this act, shall intervene between the proposed amended budget and the adoption thereof.] 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 ten days at a location specified in the notice. Any amended budget must be adopted by the county commissioners [on or before] after the public inspection period and no later than the fifteenth day of February.

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

Section 1782.2. Delivery of Tax Duplicates.--(a) The [county] commissioners shall [within thirty days after the adoption of the budget make out] prepare and deliver the duplicates of taxes assessed to the respective tax collectors together with their warrant for the collection of the same at least fifteen days prior to the date of the tax bill .

(b) Notwithstanding the provisions of subsection (a), the [county] commissioners shall have the option to make out and deliver the duplicates of taxes assessed to the respective tax collectors together with their warrant for collection of the same no later than the final date for a school district to make out 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." The option authorized by this subsection may be exercised only if the county commissioners find that exercise of the option will result in cost savings compared to proceeding under the deadline imposed by subsection (a) and they adopt a resolution that refers to the finding.

Section 46. Section 1784 of the act is repealed:

[Section 1784. Supplemental Appropriations; Transfers of Funds; Appropriation Limits.--The commissioners 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, they may authorize the transfer of any unencumbered balance, or any portion thereof, from any county fund to any fund of the institution district, and to reappropriate such moneys to the institution district. 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 county commissioners, which will cause the sums appropriated to be exceeded.]

Section 47. Sections 1784.1, 1784.3, 1785(a), (c) and (e) and 1790 of the act are amended to read:

Section 1784.1. Take Money and Property by Gift, Etc.--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.

Section 1784.3. Operating Reserve Fund.--(a) The county commissioners shall have the power to create and maintain a separate operating reserve fund in order to minimize future revenue shortfalls and deficits, provide greater continuity and predictability in the funding of vital government services, minimize the need to increase taxes to balance the budget in times of fiscal distress, provide the capacity to undertake long-range financial planning and develop fiscal resources to meet long-term needs.

(b) The county commissioners may annually make appropriations from the general county fund to the operating reserve fund, but no appropriation shall be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed [ten] twenty-five per centum of the estimated revenues of the county's general fund in the current fiscal year.

(c) The commissioners may at any time, by resolution, make appropriations from the operating reserve fund for the following purposes only:

(1) to meet emergencies involving the health, safety or welfare of the residents of the county;

(2) to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from whatever source; [or]

(2.1) to counterbalance potential budget deficits resulting from increases in anticipated costs of goods or services; or

(3) to provide for anticipated operating expenditures related either to the planned growth of existing projects or programs or to 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) The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of section 1706.

Section 1785. Committee to Prepare Uniform Forms.--(a) The report forms specified in the foregoing sections of this article shall be prepared by a committee consisting of three representatives from the County Commissioners Association of Pennsylvania, three representatives from the Pennsylvania State Association of County Controllers, three representatives from the Pennsylvania State Association of County Auditors, one certified public accountant, one member of the Senate and one member of the House of Representatives of the General Assembly, who shall be members of the Local Government Commission, designated by the chairman of said commission, and the Secretary of Community and Economic Development or [his] the secretary's agent who shall be a person trained in the field of municipal finance.

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(c) The committee shall meet at the call of the Secretary of Community and Economic Development or [his] the secretary's agent, who shall serve as chairman of the committee. The Secretary of Community and Economic Development may call meetings of the committee, and shall do so at the request of the secretary of either of said associations, but in every case there shall be at least two weeks' notice to each member of the committee of any such meeting.

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(e) It shall be the duty of the Secretary of Community and Economic Development or [his] the secretary's agent to see to it that the forms required by this section are prepared in cooperation with said committee. Should said committee for any reason fail to furnish such cooperation, the Secretary of Community and Economic Development or [his] the secretary's agent shall complete the preparation of the forms. After their preparation, [he] the secretary shall issue said forms and distribute them annually, as needed, to the commissioners, controller or auditors of each county.

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Section 1790. Membership.--In each county there [shall] may be a sinking fund commission, composed of the commissioners, the controller, or auditors in counties not having a controller, and treasurer.

Section 48. The act is amended by adding a section to read:

Section 1800. Contracting.--The commissioners may make contracts for lawful purposes and for the purposes of carrying into execution the provisions of this article and the laws of this Commonwealth.

Section 49. Sections 1801, 1802, 1803, 1805, 1806 and 1807 of the act are amended to read:

Section 1801. Commissioners Sole Contractors for County Generally .--(a) [The county] In counties of the third, fourth, fifth, sixth, seventh or eighth class, the commissioners shall contract for and purchase all services referred to in section [five hundred eight] 508 and personal property for county officers and agencies. All contracts and purchases not in excess of the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under subsection (b.1), shall be by note or memorandum, in writing, signed by the [county] commissioners, or their designee. A copy of all [such] notes and memorandums and all executed written contracts , or electronic copies of executed written contracts, shall be filed in the office of the controller, if any, and, if not, then with the chief clerk of the commissioners.

(b) [Written] Except as otherwise provided in section 1802(h)(4), in the case of counties in the third, fourth, fifth, sixth, seventh or eighth class, written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for all contracts in excess of the base amount of ten thousand dollars ($10,000), subject to adjustment under subsection (b.1), but are less than the amount requiring advertisement and competitive bidding or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years.

(b.1) Adjustments to the base amounts specified under subsections (a) and (b) shall be made as follows:

(1) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending September 30, 2012, and for each successive twelve-month period thereafter.

(2) If the department determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this subsection.

(3) (i) If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars ($100) to determine the final adjusted base amounts for purposes of subsections (a) and (b).

(4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest one hundred dollars ($100) to determine the new final adjusted base amounts for purposes of subsections (a) and (b).

(5) The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.

(6) The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7) The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under subsection (a) and written or telephonic price quotations are required under subsection (b), respectively, for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this subsection for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed three per centum.

(c) The commissioners shall, where possible, anticipate the needs of the various officers, agencies and operations of the county 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.

Section 1802. Contract Procedures; Terms and Bonds; Advertising for Bids.--(a) All contracts for services and personal property where the base amount thereof exceeds the sum of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), shall be written and shall, except as otherwise hereinafter specified, be made by advertising for bids.

(b) Contracts or purchases in excess of the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), except those [hereinafter mentioned] specified in subsection (h) and except as provided by the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall not be made except with and from the lowest responsible and responsive bidder submitting a bid in conformity with the specifications approved by the board of commissioners for the contract or purchase, after due notice in one newspaper of general circulation, published or circulating in the county, at least two times at intervals of not less than three days where daily newspapers of general circulation are employed for such publication, or in case weekly newspapers are employed then the notice shall be published once a week for two successive weeks. The first advertisement shall be published not less than ten days prior to the date fixed for the opening of bids. The requirements of this subsection need not be followed in cases of emergency, but in such cases the actual emergency shall be declared and stated by resolution of the commissioners.

(c) All bids shall be received by the controller, or , in the case of a county of the third, fourth, fifth, sixth, seventh or eighth class, if there be no controller, then by the chief clerk of the [county] commissioners, in sealed envelopes. [Bids]

(1) In the case of a county of the second class A, bids shall be opened publicly at a time and place to be designated in the advertisement for bids. All the figures shall be announced publicly by the chief clerk or the chief clerk's designee and referred to the appropriate departments for tabulation without the presence of the commissioners.

(2) In the case of a county of the third, fourth, fifth, sixth, seventh or eighth class, bids shall be opened publicly at a time and place specified in the advertisement for bids, in the presence of the controller, or chief clerk as the case may be, by the commissioners or their designee. The controller, or the chief clerk as the case may be, shall keep a record of all such bids [and awards, and the controller shall certify no checks for contracts not made agreeably thereto].

(d) The amount or price of the contract shall, in all cases whether of straight sale price, conditional sale, lease, lease purchase or otherwise, be the entire amount which the county pays to the successful bidder, or his assigns, less the value of personal property transferred from the county to the bidder, or his assigns, at any time during the duration of the contract, in order to obtain the services or property, or both, and shall not be construed to mean only the amount which is paid to acquire title, or to receive any other particular benefit or benefits of the whole bargain. The value of personal property transferred to the bidder or his assigns upon execution of the contract shall be specified in the bid. The method of determining the value of personal property transferred to the bidder or his assigns at a time during the duration of the contract shall be specified in the bid and shall be determined using generally accepted valuation methods.

(e) The acceptance of bids by advertising required herein shall be made by the [commissioners] controller, in the case of a county of the second class A, or by the commissioners, in the case of a county of the third, fourth, fifth, sixth, seventh or eighth class, and shall only be made by public announcement at the meeting at which bids are opened, or at a subsequent meeting, the time and place of which shall be publicly announced when bids are so opened. If for any reason the award is not made at either of the above meetings, the same business may be transacted at any subsequent meeting, the time and place of which shall have been announced at the previous meeting held for such award. The contract shall be awarded, or all bids shall be rejected, within thirty days of the opening of the bids, except for bids subject to 62 Pa.C.S. (relating to procurement). Thirty-day extensions of the date for the award may be made by the mutual written consent of the commissioners and any bidder who wishes to remain under consideration for award. The commissioners shall excuse from consideration any bidder not wishing to agree to a request for extension of the date for the award and shall release such bidder from any bid bond or similar bid security furnished under subsection (f). All contracts shall be filed with the controller, or with the chief clerk as the case may be, immediately after their execution.

(f) The commissioners may require , as a necessary condition of considering a bid, that any bids advertised be accompanied by [cash, by a certified check,] a cashier's check[, bank good faith check] or other irrevocable letter of credit in a reasonable amount drawn upon a bank authorized to do business in this Commonwealth or by a bond with corporate surety in a reasonable amount. [Whenever it is required that a bid be accompanied by cash, certified check, cashier's check, bank good faith check or other irrevocable letter of credit or bond, no bid shall be considered unless so accompanied.] In the event any bidder shall, upon award of the contract to [him] the bidder , fail to comply with the requirements [hereinafter stated] of subsection (g) as to security guaranteeing the performance of the contract, the security furnished under this subsection shall be forfeited to the county as liquidated damages.

(g) [The] Whenever a formal bid is required by this article, the successful bidder[, when a formal bid is required herein,] may be required to furnish a bond or irrevocable letter of credit or other security in an amount sufficient to the commissioners guaranteeing performance of the contract within thirty days after the contract has been awarded, unless the commissioners shall prescribe a shorter period. The successful bidder for a contract which involves the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind shall furnish security as provided in section 2318 of this act. Performance security for services and contracts for labor and materials delivered on a periodic basis, including, but not limited to, food service contracts, home health services and janitorial services and supplies, may be computed on the expected average value for one or more months at the discretion of the commissioners. Upon failure to furnish such security within the time fixed, the previous awards shall be void. Deliveries, performances and guarantees may be required in all cases of expenditures, including the exceptions [herein] as under subsection (h) .

(h) The contracts or purchases made by the commissioners which shall not require advertising, bidding or price quotations, as hereinbefore provided, are as follows:

(1) Those for maintenance, repairs or replacements for water, electric light, or other public works of the county where they do not constitute new additions, extensions or enlargements of existing facilities and equipment. Security may be required by the commissioners as in other cases for work done.

(2) Those made for improvements, repairs and maintenance of any kind, made or provided by the county through its own employes. This shall not apply to construction materials used in a street improvement.

(3) Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof, are desired by the commissioners, which are patented and manufactured or copyrighted products.

(4) Those involving any policies of insurance or surety company bonds, those made for public utility service and electricity, natural gas or telecommunication services, provided that, in the case of utilities not under tariff with the Pennsylvania Public Utility Commission, contracts made without advertising and bidding shall be made only after receiving written or telephonic price quotations in accordance with the procedures specified in section 1801(b) of this article.

(5) Those involving services of members of the medical or legal profession, registered architects, engineers, certified public accountants or other personal services involving professional expertise.

(6) Those involving contracts entered into by nonprofit cooperative hospital service associations for hospitals and nursing homes which are part of the institutional district or which are owned by the county, operated by the county or affiliated with the county by the purchasing of, or participating in contracts for, materials, supplies and equipment.

(6.1) Those involving tangible client services provided by nonprofit agencies. For the purposes of this clause, the term "tangible client services" shall mean congregate meals, home-delivered meals, transportation or chore services provided through area agencies on aging.

(7) Those made with any public body, including, but not limited to, the sale, lease or loan of any supplies or materials to the county by a public body, provided that the price thereof shall not be in excess of that fixed by the public body. The requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) shall not apply when a county purchases cooperatively with another public body which has entered into a contract for supplies or materials. As used in this paragraph, "public body" shall mean any of the following:

(i) the Federal Government;

(ii) the Commonwealth of Pennsylvania;

(iii) any other state;

(iv) a political subdivision, local or municipal authority , council of government, entity created in accordance with 53 Pa.C.S. Ch. 23 Subch. A or other similar local entity of the Commonwealth or any other state; or

(v) an agency of the Federal Government, the Commonwealth or any other state.

(7.1) In the case of counties of the second class A, those involving the purchase of milk.

(8) Those exclusively involving construction management services.

(9) Those involving computer software.

(i) Notwithstanding the provisions of this article to the contrary, the [county] commissioners shall have authority to enter into contracts for equipment and services related to technology and information systems on the basis of best value procurement. Contracts under best value procurement shall be made only after the county has solicited proposals based on performance and outcome specifications developed by the county and describing at minimum the objectives to be met by the system, the tasks to be performed by the system, the users of the system, system security issues, the time frame for system implementation, potential operating technologies, compatibility with existing systems, training and maintenance and shall indicate the process by which the contract shall be awarded. Best value procurement shall not require a sealed bid process and shall permit the commissioners to negotiate the terms of the agreement with any responsive and responsible vendor.

(j) Every contract subject to this article shall comply, as applicable, with the provisions of [the] :

(1) The act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act."

(2) The act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967."

(3) The act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law.

(4) The act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act[," the act of October 28, 1983 (P.L.176, No.45), known as the "Antibid-Rigging Act," the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act," the act of November 26, 1978 (P.L.1309, No.317), known as the "Public Works Contract Regulation Law," the act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act," the act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law, and the act of April 4, 1984 (P.L.193, No.40), known as the "Motor Vehicle Procurement Act]."

(5) The act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act."

(6) 62 Pa.C.S. Chs. 37 Subch. B. (relating to motor vehicles), 39 (relating to contracts for public works) and 45 (relating to antibid-rigging).

(k) No person, consultant, firm or corporation contracting with a county for purposes of rendering personal or professional services to the county shall share with any county officer or employe and no county officer or employe shall accept any portion of the compensation or fees paid by the county for the contracted services provided to the county except under the following terms or conditions:

(1) Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the board of commissioners.

(2) The board of commissioners must approve the sharing of any fee or compensation for personal or professional services prior to the performance of said services.

(3) No fee or compensation for personal or professional services may be shared except for work actually performed.

(4) No shared fee or compensation for personal or professional services may be paid at a rate in excess of that commensurate for similar personal or professional services.

Section 1803. Evasion of Advertising Requirements.--(a) No commissioner or commissioners shall evade the provisions of section one thousand eight hundred two of this act, as to advertising for bids or purchasing or contracting for services and personal properties piece-meal, for the purpose of obtaining prices under the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1), upon transactions which should in the exercise of reasonable discretion and prudence be conducted as one transaction amounting to more than the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1). This provision is intended to make unlawful the practice of evading advertising requirements by making a series of purchases or contracts each for less than the advertising requirement price, or by making several simultaneous purchases or contracts each below said price, when in either case the transaction involved should have been made as one transaction for one price. Any [county commissioners] commissioner who so [vote] votes in violation of this provision and who know that the transaction upon which they so vote is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids shall be, jointly and severally, subject to surcharge for any loss sustained. Wherever it shall appear that a commissioner may have voted in violation of this section, but the purchase or contract on which he so voted was not approved by the board of [county] commissioners, this section shall be inapplicable.

(b) Any [county] commissioner who votes to unlawfully evade the provisions of section [one thousand eight hundred two] 1802 of this act and who knows that the transaction upon which he so votes is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract entered into as a direct result of that vote. This penalty shall be in addition to any surcharge which may be assessed pursuant to subsection (a).

Section 1805. Sales of Personal Property and Surplus Farm Products.--(a) No personal property [of the county] and no surplus farm products [of counties of the fourth, fifth, sixth, seventh or eighth classes] of the county shall be disposed of by sale or otherwise, except upon resolution of the commissioners. When the commissioners approve a sale of such property or [in counties of the fourth, fifth, sixth, seventh or eighth classes of] farm products, they shall estimate the sale value of the entire lot to be disposed of, and, if the estimate be less than [one thousand dollars ($1,000)] two thousand dollars ($2,000) , they shall require notice of the proposed sale to be posted, for at least ten days, in a prominent place in the court house, describing and itemizing the property to be sold, and directing that bids may be made thereon at the office of the chief clerk of the commissioners. Thereafter, the commissioners may sell such property in whole or in part for the best price or prices obtainable.

(b) If the commissioners estimate the sale value of the personal property or of such surplus farm products to be sold at [one thousand dollars ($1,000)] two thousand dollars ($2,000) or more, the entire lot shall be advertised for sale, once, in at least one newspaper of general circulation in the county, and sale of the property so advertised shall be made to the highest and best bidder. The bids shall not be opened until at least ten days after the said advertisement. The commissioners may sell any such property at auction, but the provisions as to notice contained in this section shall be likewise observed as to the holding of auction sales. The provisions of this section shall not be mandatory where county property is to be traded-in or exchanged for new personal property. The provisions of this section shall not apply to sale of personal property with real property as a single unit pursuant to section 2306.1.

(c) A public auction of personal property may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase bid prices during the electronic auction. The record of the electronic auction shall be accessible as a public record under the provisions of the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law." The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by the commissioners. In the event that shipping costs are incurred, the shipping costs shall be paid by the high bidder. A county that has complied with the advertising requirements of this section may provide additional notice of the sale by bids or public auction in any manner deemed appropriate by the commissioners. The advertisement for electronic auction sales authorized in this subsection shall include the publicly accessible Internet website or means of accessing the electronic auction and the date, time and duration of the electronic auction.

Section 1806. County Officers Not to Be Interested in Contracts , Generally .--[Restrictions] (a) Except as provided in subsection (b), restrictions on the involvement of elected and appointed county officers in any county contract shall be as prescribed in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure)[.] and subject to the limitations and procedures under section 1802(k).

(b) Notwithstanding subsection (a), the following shall apply:

(1) It shall be unlawful for any architect or engineer, in the employ of any county of the second class A, and engaged in the preparation of plans, specifications or estimates, to bid or negotiate on any public work at any letting of work by the county, except that an architect or engineer who shall have prepared preliminary plans only shall not be prohibited from bidding or negotiating on the final contract for the work.

(2) It shall be unlawful for the officers of any county of the second class A charged with the duty of letting any public work, to award a contract to an architect or engineer, in the employ of the county who is in any way interested in a contract for public work for the county or for any architect or engineer to receive any remuneration or gratuity from any person interested in the contract except under the terms and conditions as provided in section 1802(k).

(3) Any person violating any of the provisions of paragraph (1) or (2) shall be guilty of a misdemeanor in office and, upon conviction, shall forfeit the office and be sentenced to pay a fine not exceeding five hundred dollars ($500), or to undergo imprisonment for not more than six months, or both.

Section 1807. Application of Contract Provisions.--The provisions of this article shall apply to all the contractual powers of the [county] commissioners contained in this act, or other laws insofar as they are not inconsistent therewith, and the mention of powers of contract outside this article shall not be construed as being in disregard of the applicable provisions of this article in relation thereto.

Section 50. The act is amended by adding sections to read:

Section 1807.1. Printing Contracts in Certain Counties.--In counties of the second class A, the commissioners may, by proper resolution, require that printing firms presenting bids for county printing shall establish consideration as responsible bidders by requiring:

(1) That the printing firms shall file, with the chief clerk of the commissioners, a sworn statement to the effect that employes, in the employ of the firm or firms which are to produce the printing, are receiving the prevailing wage rate and are working under conditions prevalent in the locality in which the work is produced.

(2) That whenever a collective bargaining agreement shall be in effect between an employer and employes who are represented by a responsible organization which is in no way influenced or controlled by the management, the agreement and the provisions of the agreement shall be considered as conditions prevalent in the locality and shall be the minimum requirements for being adjudged a responsible bidder under this act.

(3) That in case any dispute arises as to what is the prevailing rate of wages for work applicable to the contract, which cannot be adjusted by the commissioners, the matter shall be referred to the county salary board and the board's decision shall be conclusive.

(4) The words "prevailing wage rate," as used in this section, shall be construed to mean at least the minimum wages which are received by employes of any printing firm or firms, in second class A counties, as a result of collective bargaining agreements negotiated by an employer or employers with a responsible organization representing the employes. If the wage rates, so arrived at, vary in any district in a county, then any printing firm which pays wages at least equal to those provided for in any of such agreements, shall, for the purposes of this act, be deemed to be paying the prevailing wage rate.

Section 1807.2. Certain Contract Provisions Prohibited.--No political subdivision or authority in a county of the second class A may enter into any contract related to a redevelopment capital assistance project as provided under section 318 of the act of February 9, 1999 (P.L.1, No.1), known as the "Capital Facilities Debt Enabling Act," which contains a provision requiring that a specified percentage of a contracting party's work force be residents of a specific municipality.

Section 51. Subdivisions (a), (b) and (c) of Article XIX of the act are repealed:

[(a) Appropriations for Military Purposes

Section 1901. Appropriation of Money or Land for National Guard Armories.--(a) The board of commissioners may, either independently or in connection with any other county, or with any city, town, borough, or township, provide and appropriate moneys, or convey land to the Commonwealth of Pennsylvania, to assist the Armory Board of the State of Pennsylvania in the erection, wherever deemed most advantageous by the Armory Board, of armories for the use of the National Guard of Pennsylvania. The board of commissioners may acquire land for such purpose, either by purchase, at tax sale, by gift, by the right of eminent domain, or otherwise.

(b) The board of commissioners may also furnish water, light, or fuel, either or all free of cost to the Commonwealth of Pennsylvania, for use in any armory of the National Guard and may do all things necessary to accomplish such purpose.

Section 1902. Appropriation for Maintenance of National Guard.--(a) The board of commissioners may appropriate, annually, from any moneys in the county treasury, not otherwise appropriated, a sum not exceeding seven hundred and fifty dollars ($750) for the support and maintenance, discipline and training, of any dismounted company or similar unit of the National Guard, and a sum not to exceed fifteen hundred dollars ($1500) for the support and maintenance, discipline and training, of any mounted or motorized troop or similar unit of the National Guard. Where such units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization.

(b) Any moneys so appropriated shall be paid by voucher check of the commissioners, drawn to the order of the commanding officer of such company, battalion, regiment or similar organization, only when it shall be certified to the commissioners by the Adjutant General of the State that such unit or units have satisfactorily passed the annual inspection provided by law. The moneys so appropriated shall be used and expended solely and exclusively for the support and maintenance, discipline and training, of the said company, battalion, regiment or similar organization, and the commanding officer shall account, by proper vouchers to the said county each year, for the expenditure of the money so appropriated, and no appropriation shall be made for any subsequent year, until the expenditure of the previous year is duly and satisfactorily accounted for.

(c) The accounts of such expenditures shall be subject to the inspection of the Department of Military Affairs, and shall be audited by the auditors, or the controller as the case may be, in the manner provided by law for the audit of accounts of county moneys.

Section 1903. Appropriation to Rifle-Clubs in Time of War.--(a) At any time a state of war exists, the board of commissioners may appropriate money to civilian rifle clubs, duly chartered by the National Rifle Association of the United States of America, for the maintenance and rental of rifle-ranges, the employment of competent instructors and necessary employes, and for the equipment and uniforms for the members of such clubs, who volunteer for special military duty in their respective counties, or answer any call of the Governor of the Commonwealth.

(b) No moneys shall be appropriated to any such club, unless practice on such rifle-range by the members of the club shall be with the United States Military rifle or arms approved by the State Adjutant General.

(b) Burial of Deceased Service Persons

and Surviving Spouses

Section 1908. Definitions.--(a) The term deceased service person, as used in this subsection, shall mean and include:

(1) Any deceased person who, at the time of his or her death, was serving (whether or not in a combat zone) in the Army, Navy, Air Force, Marine Corps, Coast Guard, or any women's organization officially connected therewith, during any war or armed conflict in which the United States has been, is now or shall hereafter be engaged, or who, at the time of his or her death, was serving in a zone where a campaign or state or condition of war or armed conflict then existed, in which the United States was, is or shall be a participant. The existence of a campaign or state or condition of war or armed conflict, and the participation of the United States therein, as well as the fact that the deceased person served in a zone where such campaign or state or condition of war or armed conflict existed, shall, in each case, be established by the records of the Department of Defense of the Federal Government; or

(2) Any deceased person, who had so served at any time during his or her life, and whose separation from such service was honorable, whether by discharge or otherwise, or who at the time of his or her death was continuing in such service after the cessation of the war, armed conflict, campaign or state or condition of war during or in which he or she served; or

(3) Any deceased person who was in active service in the militia of the State of Pennsylvania under and in pursuance of any proclamation issued by the Governor during the Civil War, who was not duly mustered into the service of the United States, but was honorably discharged or relieved from such service.

(b) The term "legal residence" as used in this subsection, shall be construed as synonymous with "domicile" and is hereby defined as actual residence, coupled with intention that it shall be permanent, or a residence presently fixed with no definite intention of changing it, or of returning to a former residence at some future period. Legal residence is to be determined by abode of person and his or her intention to abandon his or her former domicile and establish a new one. The legal residence of a deceased service person shall be prima facia in the county where he or she made his or her abode at the time of his or her death.

Section 1909. Funeral Expenses of Deceased Service Persons.--(a) Any county is hereby authorized and directed to contribute the sum of seventy-five dollars ($75) and may contribute an additional sum of twenty-five dollars ($25) towards the funeral expenses of each deceased service person in the cases enumerated below, where in each case application therefor is made within one year after the date of his or her death. In the case of any deceased service person who died while in the service, application need not be made within one year after the date of his or her death, but may be made at any time thereafter.

(b) Payments shall be made under the following circumstances:

(1) Where the deceased service person at the time of his or her death had his or her legal residence in the county, whether or not he or she died in the county, and whether or not he or she was buried in the county. It is hereby declared to be the intent of the General Assembly that every deceased service person having a legal residence in this Commonwealth at the time of his or her death shall be entitled to the benefits of this section, regardless of where he or she may have died or where he or she may be buried, and that the liability therefor shall be on the county, where the deceased service person shall have had his or her legal residence at the time of his or her death.

(2) Where the deceased service person died and was buried in the county, but at the time of his of her death did not have legal residence within this Commonwealth, if the county commissioners of the county where he or she died are notified in writing by any organization of veterans that the body is unclaimed by relatives or friends, and upon investigation shall find such condition to exist.

(3) Where a deceased service person has died while a member of the Pennsylvania Soldiers' and Sailors' Home at Erie, Pennsylvania, and such home incurs all funeral expenses and buries the soldier in a cemetery in the City of Erie, Pennsylvania, or the home furnishes clothing, casket and shipping case, and ships the body to the county from which he was admitted to the home, the county from which he was admitted shall reimburse and pay to the Pennsylvania Soldiers' and Sailors' Home the amount of seventy-five dollars ($75) or so much thereof as was actually expended by the home.

Section 1910. Burial of Spouses of Deceased Service Persons.--Upon due application and proof, the county is hereby authorized and directed to contribute the sum of seventy-five dollars ($75) and may contribute an additional sum of twenty-five dollars ($25) from the county funds towards the funeral expenses of any spouse of any deceased service person, who at the time of his or her death had a legal residence in the county, whether or not he or she died in the county and whether or not he or she was buried in the county. The county shall not contribute any moneys toward the funeral expenses of any spouse of a deceased service person who had remarried after the death of such deceased service person, nor unless application for the payment of such moneys shall be made within one year after the date of the death of such spouse.

Section 1911. Payment.--(a) It shall be the duty of the county to cause a voucher check to be drawn upon the treasury of their county in the sum of seventy-five dollars ($75), or one hundred dollars ($100) if the additional sum of twenty-five dollars ($25) is authorized, for each body buried in accordance with the provisions of this subdivision, to be paid out of the funds of the county, and such checks shall be made payable to the applicant or applicants if the application shows that the funeral expenses have been paid, otherwise to the undertaker performing the services with notice to the applicant.

(b) Application for such contribution shall be made by the personal representative of such deceased service person or deceased service person's spouse, if there be such personal representative, and if no such personal representative has qualified then by any next of kin, individual, or veterans' organization, who or which assumes responsibility for the cost of burial of the body. The application shall be sustained by affidavit as to the facts.

(c) The application shall be on forms prescribed by the Department of Military Affairs and shall set forth whether or not the funeral expenses have been paid. The application shall have attached thereto a certified copy of the death certificate and a certification by the undertaker, who had charge of the burial of the body, and to the effect that the undertaker did render such service.

Section 1912. Notification of County Commissioners.--The coroners and all other public officers, agents and servants and all officers, agents and servants of any county, city, township, borough, district or other municipality, or of any prison, morgue, hospital, home or other public institution, having the control or custody of the body of the deceased service person whose body is entitled to be buried under the provisions of this subdivision, shall, immediately upon the death or arrival of the body of such deceased service person, notify the county commissioners of the county wherein such death occurred, or wherein such deceased service person shall have had his legal residence.

Section 1913. Markers for Graves; Headstones.--(a) The county commissioners of each county shall, from time to time as they consider expedient, procure appropriate markers for the graves of deceased service persons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise. Such markers shall be of cast bronze, aluminum or a suitable substitute material.

(b) The county commissioners shall procure bronze, aluminum or suitable substitute material markers from some manufacturer or manufacturers, engaged in the manufacturing of the same, and in the contract for the furnishing thereof, the manufacturer furnishing the bronze markers shall warrant that the same are made of the following metals, and in the following proportions: copper, eighty-five per centum; tin, five per centum; zinc, five per centum; and lead, five per centum.

(c) The manufacturer shall be liable to the county to an amount equal to the sum paid to him by the county for the markers, if the above proportions of metals are not contained in the markers.

(d) Nothing, except actual fraud on the part of the county commissioners, shall render them liable for any amount if it is established that the markers are not composed of the metals in the proportions above recited.

(e) No officer, trustee, association, corporation or person in control of any cemetery, or a public burying ground, shall have the right to question the composition of such bronze markers, or to require that any of them be chemically analyzed before being placed in the cemetery, or under any circumstances to refuse to permit the erection thereof in the cemetery, or public burying ground, or to charge for making the foundations for the same more than is charged for making similar foundations of the same proportion. Any person who violates any of the provisions of this subsection shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense.

(f) The county commissioners of each county are hereby authorized and directed to place a marker upon the grave of each deceased service person and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise, who, at the time of his or her death, had his or her legal residence in the county, whether or not he or she died in the county, and whether or not he or she was buried in the county, and upon the grave of each deceased service person buried in the county, who at the time of his or her death did not have a legal residence within this Commonwealth. When such deceased service person shall have been a veteran of any war or campaign for which the Government of the United States issued discharge buttons, the markers designated for their graves shall include a facsimile of said discharge button. When such markers are upright flag holders they shall consist of cast bronze or any other weather resistant material. When such deceased service person shall have been a veteran of the Korean Conflict, the markers designated for their graves shall include a circular emblem with the words "Korea, U.S., 1950-1953" in the border thereof, and shall incorporate the insignia of the Army, Navy, Marine Corps, Air Force, and Coast Guard, in the form approved by the State Veterans' Commission.

(g) It shall be the duty of the county commissioners of each county, upon or at any time subsequent to the death of any deceased service person and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise, who, at the time of his or her death, had his or her legal residence in the county, on application as hereinafter provided, to cause a headstone or bronze memorial tablet to be placed at the head of or on the grave of each such deceased service person.

(h) Each headstone shall contain his or her name and the rank and organization to which he or she belonged or in which he or she served, in letters raised or cut in at least three-sixteenth of an inch deep. The headstone shall be of either marble or granite, and shall be placed or set in a concrete base at least three feet deep, or if a headstone has been provided for such grave by the United States Government, the county commissioners shall provide the concrete base therefor, or if lettering only on an existing memorial is desired by the family, the county commissioners shall provide such lettering.

(i) In the event the body of any deceased service person either cannot or will not be returned to the United States of America, it shall be the duty of the county commissioners to cause a headstone to be placed in the family plot of such deceased service person. Said headstone shall have inscribed thereon, (1) the name, rank and organization of such deceased service person, (2) the name of the country, location or manner in which such person lost his or her life, and (3) the cemetery or location in which the body, if buried, was finally laid to rest. Application therefor shall in each case be made on forms prescribed by the Department of Military Affairs and may be made by any relative of the deceased service person, or by a friend if there is no objection by the nearest relative. Each application must be approved by an organization of veterans of any war in which the United States has been, is now or shall hereafter be engaged.

(j) The expense in each case shall be borne by the county in which the deceased service person had his or her legal residence at the time of his or her death, whether or not he or she died in the county, and whether or not he or she was buried in the county. The expense shall not exceed the sum of one hundred dollars ($100) for each headstone or concrete base or lettering or bronze memorial tablet and the county commissioners of each county, acting under this section, shall cause to be drawn a voucher check on the treasury of the county for the payment of said expense in favor of the party or parties furnishing such headstone or concrete base or lettering or bronze memorial tablet.

(k) In cases of dispute concerning the legal residence of a deceased service person, the county in which a deceased service person is buried shall perform the duties hereinbefore set forth. No such payment or payments shall be made, unless the application therefor shall be approved before the commencement of the project by the county commissioners.

(l) Any person who shall wilfully, maliciously, or carelessly destroy, mutilate, remove or deface any grave marker, headstone or flag holder, placed or erected under the provisions of this section, shall be guilty of the grade of offense in relation to the dollar amount of the theft or damage done in accordance with 18 Pa.C.S. § 3903 (relating to grading of theft offenses).

Section 1914. Burial Plots.--The county commissioners of the several counties are hereby authorized to purchase plots of ground, in any cemetery or burial ground in their respective counties, for the interment of deceased service persons whose bodies are entitled to be buried under the provisions of this subdivision, and to cause to be drawn a voucher check upon their county treasury for the payment of the same. The purchase price of said plots of ground shall not be charged against or allotted as part of the cost of burial of such deceased service persons who may be buried in any of said plots under the provisions of this subdivision.

Section 1915. Care of Graves and Markers.--The county commissioners of each county shall, at all times, see that the graves and tombstones of all deceased service persons who are buried in such county, receive proper and fitting care, and may employ all necessary assistants to carry out the provisions of this section. The expense of the care of such graves and tombstones shall be borne by the county where said graves are located, except where suitable care is otherwise provided. Money so appropriated may be expended directly by the county commissioners, or paid over to the person, firm, association or corporation owning or controlling any cemetery or burial place in the county where any such grave is situated. The sum so paid over in any year shall not exceed for each grave the charge for the annual care and maintenance of like graves in the same cemetery, or, if no such fixed charge is established in that cemetery, it shall not exceed the sum charged in other cemeteries in the same county for like service.

Section 1916. Proof of Service, Et Cetera.--(a) In each case, where application is made for a contribution toward the funeral expenses of a deceased service person, or the surviving spouse of a deceased service person, or for a headstone or concrete base or lettering or bronze memorial tablet, the county commissioners shall, before expending any money therefor, require proof of the following facts:

(1) The service of the deceased service person which entitles him or his surviving spouse to the benefits of this subdivision. Such proof shall be by the production of an honorable discharge or other official record showing service during any war in which the United States is or was engaged, or by the records of the Department of Defense of the Federal Government, or by copies thereof filed in the Department of Military Affairs showing the existence of a campaign or state or condition of war, the participation of the United States therein, and the service of the deceased service person in a zone where such campaign or state or condition of war existed.

(2) The death of the deceased service person.

(3) In the case of the burial of the surviving spouse of a deceased service person, the death of such surviving spouse, and the fact that the spouse was married to the deceased service person at the time of his death, and that the spouse has not since remarried. The proof required by clauses one and two of this subsection shall also be required in such cases.

(4) Except in cases where persons not having a legal residence within this Commonwealth are entitled to any of the benefits of this subdivision, the legal residence within the county of the deceased service person, or of the surviving spouse of a deceased service person, as the case may be.

(b) Death shall in all cases be proved by death certificate where the same is procurable, otherwise by affidavit of one or more persons personally acquainted with the deceased, and the fact of his or her death, or by proof of the record of death kept by the attending physician, or by proof of the record of burial kept by the undertaker by whom he or she was buried, or by the church burial association or cemetery company maintaining the graveyard, burial ground or cemetery in which he or she was buried.

(c) Where any proof required by this subdivision has been furnished to the county commissioners, no further proof of the same facts shall be required in order to obtain any other benefit under the provisions of this subdivision.

(c) Memorial Observances

Section 1921. Appropriations to Veterans' Organizations for Expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day.--(a) The board of commissioners may appropriate, annually, to each camp of the United Spanish War Veterans, and to each post of the American Legion, and to each post of the Veterans of Foreign Wars, and to each post of the Veterans of World War I of the U. S. A., Inc., and to each post of the American War Veterans of World War II (AMVETS), and to each post of the Society of the Twenty-eighth Division, AEF, Incorporated, and to each post of the Italian American War Veterans of the United States, Incorporated, and to each detachment of the Marine Corps League, and to each Naval Association, and to each post of the Grand Army of the Republic, and to each post of the Disabled American Veterans of the World War, and to each organization of American Gold Star Mothers, and to each organization of ex-service persons incorporated under the act of April twenty-nine, one thousand eight hundred seventy-four (Pamphlet Laws 73), and the supplements thereto, in the county, any sum budgeted to aid in defraying the expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day.

(b) Where the Grand Army of the Republic has ceased to exist or to function, such appropriation may be made to the Sons of Union Veterans of the Civil War or, in the absence of such order, to a duly constituted organization which conducts the decorating of graves of Union Veterans of the Civil War.

(c) Such payments shall be made to defray actual expenses only. Before any payment is made, the organization receiving the same shall submit verified accounts of their expenditures.

Section 1922. Flags to Decorate Graves.--(a) It shall be the duty of the county commissioners to provide flags on each Memorial Day with which to decorate the graves of all deceased service persons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard, Merchant Marine during World War II or any organization officially connected therewith and whose separation from such service was honorable, whether by discharge or otherwise, buried within the county. The flags to be used for such purposes shall be of one standard size, colorfast and American made, and shall be purchased at the expense of the county from moneys in the county treasury.

(b) Such flags shall be furnished to the various veterans' organizations in such numbers as they shall require for their respective communities.

(c) The moneys expended by any county under the provisions of this section shall be in addition to moneys appropriated by counties for Memorial Day purposes.

(d) The authorities in charge of any cemetery are authorized to remove such flags when the same become unsightly or weatherworn at any time not before the first working day after Independence Day of each year.

(e) Any authority or person in charge of any cemetery who shall remove or cause the removal of the flags prior to the first working day after Independence Day shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine in the amount of three hundred dollars ($300) and, upon failure to pay such fine, to undergo imprisonment not to exceed ninety days.

Section 1923. Compilation of War Records; Director of Veterans' Affairs.--(a) The county commissioners of each county are hereby authorized and directed, at the expense of the county, to compile a record of the burial places within such county of deceased service persons. Such record, so far as practicable, shall indicate the name of each such person, the service in which he or she was engaged, the number of the regiment or company or command, the rank and period of service, the name and location of the cemetery or other place in which his or her body is interred, the location of the grave in such cemetery or other place, and the character of headstone or other marker, if any, at such grave. Such record shall be known as the Veterans' Grave Registration Record of ............................. County, and shall be a public record, open to inspection during business hours.

(b) The county commissioners of each county shall cause record blanks to be prepared, according to forms prescribed by the Department of Military Affairs, whereby the information required for such record may be transmitted to them.

(c) Every person, firm, association, or corporation, including a municipal corporation, owning or controlling any cemetery or burial place within the Commonwealth, in which are interred the bodies of deceased service persons, shall file with the county commissioners of the county in which such cemetery is located a certificate, on the record blanks provided by said county commissioners, of the facts required for such record, as far as the same are within the knowledge of such person, firm, association, corporation, or the agents thereof.

(d) The county commissioners shall cause record blanks to be distributed to such persons, firms, associations, and corporations as they deem advisable, with the request that such information be transmitted to them. Any such person, firm, association or corporation, except municipal corporations, upon receipt of such blanks or forms, who shall refuse or neglect to fill out and transmit to the county commissioners such blanks or forms within six months after receipt of same, upon conviction thereof in a summary proceeding, shall be sentenced to pay a fine of one hundred dollars ($100).

(e) For the purpose of locating the burial places of persons who have served in the military or naval service or other branches of the combative forces of the United States during any war or armed conflict in which the United States was engaged, the Grand Army of the Republic, the United Spanish War Veterans, the Veterans of Foreign Wars of the United States, the American Legion, the Disabled American Veterans, the Veterans of World War I of the U. S. A., Inc., the American Veterans of World War II (AMVETS), the Marine Corps League, and the Italian American War Veterans of the United States, Incorporated, through their local camps, posts and branches in this Commonwealth, are authorized, without expense to the county, to collect the required data and prepare and file with the county commissioners certificates embodying the information provided for in this section.

(f) For the purpose of carrying into effect the provisions of this section, the county commissioners shall appoint a director of veterans affairs, who shall receive such compensation as the salary board may fix.

(g) It shall also be the duty of the director of veterans affairs to:

(1) Assist the county commissioners in administering the provisions of this subdivision which relate to the burial of deceased service persons and their surviving spouses and to furnishing markers and placing headstones on their graves.

(2) Assist war veterans and their families in securing their rights as such in matters relating to their person, property and care of family, under any of the laws of this Commonwealth and of the United States, and for such services the director of veterans affairs shall be entitled to his expenses incurred therein and additional compensation. Both expenses and compensation shall be subject to the approval of the salary board.

(3) Assist the county commissioners in transmitting records of burial places of deceased service persons to the Department of Military Affairs of the Commonwealth, for the use of the Deputy Adjutant General in charge of Veteran Affairs, and otherwise assist the commissioners in cooperating with the said deputy.]

Section 52. Sections 1928, 1929, 1930, 1931, 1936, 1937, 1938, 1939, 1947(d), subdivision (g.1) heading of Article XIX, sections 1948 and 1951, subdivision (h.1) heading of Article XIX and sections 1953 and 1955 of the act are amended to read:

Section 1928. County History.--The county commissioners [of any county], either independently or in connection with any other municipality [or municipalities] within their county or any society or organization, may appropriate money for the compilation of a county war history or any general history or historical account related to the history records and government of the county, and for the publication and distribution of the same.

Section 1929. Payment to Historical Societies.--The board of commissioners may pay, out of the county funds not otherwise appropriated, a sum of money to a county historical society [or to county historical societies] , qualified under section 1930, to assist in paying the running expenses. Where a society is comprised of residents of more than one county, the commissioners of the respective counties may jointly pay the sum in such proportion as they shall agree.

No appropriation shall be renewed until vouchers have been filed with the commissioners showing that the appropriation for any prior year has been expended for the purpose herein designated.

Section 1930. Qualification of Society.--[In order to entitle any historical society to the said appropriation, the following conditions shall have been first complied with. It shall have been organized at least two years, incorporated by the proper authority, and have an active membership of one hundred or more persons, each of whom shall have paid into the treasury of said society a membership fee of at least two dollars ($2) for the support of the same. It shall hold at least two public meetings yearly, whereat papers shall be read or discussions held on historic subjects. It shall have established a museum wherein shall be deposited curios and other objects of interest, and books, documents and papers relating to the history of the county or Commonwealth. It shall have adopted a constitution and code of by-laws and elected proper officers to conduct its business.] A historical society eligible to receive county funds according to the provisions of section 1929 shall:

(1) be a not-for-profit corporation, in good standing and registered according to the laws of this Commonwealth with the Pennsylvania Commission on Charitable Organizations;

(2) have operated for two years prior to receiving an appropriation from a county; and

(3) control and operate a museum or other facility related to the history of the county or this Commonwealth which is open to the public at least one hundred days per year.

Section 1931. Restoration and Preservation of Historic Sites.--The board of commissioners [are] is hereby authorized to make appropriations out of county funds to any nonprofit corporation organized for the purpose of restoring and preserving historic sites which are within the county[: Provided, however, That such sites shall have been designated by the Pennsylvania Historical and Museum Commission as a monument worthy of restoration and preservation: And provided further, That local historical societies, associations or interested citizens shall have made substantial contributions toward such restoration and preservation]. For the purposes of this section, an eligible historic site shall be listed or eligible to be listed in the National Register of Historic Places or designated as historic by resolution of the commissioners.

Section 1936. Cooperative Extension Work in Agriculture [and Home Economics] , Natural Resources, 4-H Youth, Families, Nutrition and Community Development .--[The board of commissioners may make appropriations annually for agricultural and home economics extension work, in cooperation with the Pennsylvania State University in encouraging improved methods of farm management and home economics and giving practical instruction and demonstrations in agriculture, for the purpose of improving and developing the agricultural resources of the county. An educational program will be conducted to include the body of scientific knowledge in agriculture, family living, and resource development and to encourage application of the same.] The board of commissioners may make annual appropriations for Cooperative Extension work, in cooperation with The Pennsylvania State University, to support improved methods of agricultural production and management, economic development, family and youth programming and practical instruction and demonstrations, both in-person and online. The purpose of these activities is to help communities, businesses and people solve problems and improve their quality of life. Cooperative Extension shall provide counties access to The Pennsylvania State University's science-based information, expertise and education and shall continually work to expand access to its Statewide programs through technology channels. The money so appropriated shall be expended according to rules and regulations prescribed or approved by the board of commissioners to support Cooperative Extension's mission to provide educational opportunities to constituents, regardless of where the expertise is located . The board of commissioners may also, where practicable and desirable, provide offices in the county [court house] for headquarters for such cooperative work.

Section 1937. Agricultural or Horticultural Societies.--The county commissioners are hereby authorized to make appropriations annually out of the current revenues of the county to any incorporated agricultural or horticultural society or association located within the county. [The total amount of any such appropriation in any one county shall not exceed fifteen hundred dollars ($1500) in any one year. Where more than one such society or association is located in the county, the amount appropriated may be distributed and divided among said societies and associations in such proportions and such amount as the board of commissioners, in its discretion, may determine.]

The county commissioners are hereby authorized to make additional appropriations annually out of the current revenues of the county to any incorporated agricultural or horticultural society or association regardless of where the same is located within the Commonwealth. [Such appropriations may be made in the amount of three hundred dollars ($300) or more, but the total amount of such additional appropriations shall not exceed fifteen hundred dollars ($1500) in any one year.]

Section 1938. Suppression of Animal and Plant Disease.--The board of commissioners is hereby authorized to make appropriations from county funds for the purpose of controlling and suppressing dangerous [infectious disease of livestock and poultry] transmissible diseases of domestic animals and dangerous plant diseases and insect pests and diseases to honeybees, in cooperation with the Department of Agriculture of Pennsylvania.

For the purpose of carrying out the provisions of this section, the board of county commissioners may enter into agreements with the Pennsylvania Department of Agriculture concerning terms, rules, regulations and practices for conducting the work.

Section 1939. County Fair Associations in Counties of the Third through Eighth Classes .--The county commissioners in counties of the third through eighth classes may appropriate, annually, out of current revenues, to any incorporated nonprofit agriculture association or any nonprofit county fair association located within the county, for the repair and maintenance of the real estate, buildings and structures within the county used, annually, by the association for county agriculture fairs and exhibitions, whether or not the real estate is owned by the county and leased to the association. [The total amount of any such appropriation shall not exceed five thousand dollars ($5000) in any one year, and where more than one such association is located in the county, the amount appropriated may be divided among them in such proportions and amounts as the county commissioners may determine.]

Section 1947. Prevention and Control of Floods.--* * *

(d) In exercising the powers herein conferred, the county commissioners may, in their discretion, subject to the limitation of the Constitution, issue interest bearing bonds of the county in accordance with the provisions of [the Municipal Borrowing Law] 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) .

(g.1) Disaster Emergency Aid to Municipalities in Counties of the Third through Eighth Class

Section 1948. Emergency Appropriation to Municipal Corporations.--(a) The board of county commissioners of any third through eighth class county may appropriate money [from the county's operating reserve fund, created and maintained in accordance with section 513,] for the purpose of assisting municipal corporations within the county with any cleanup, maintenance, repair and improvements undertaken as a result of damage incurred or a dangerous condition caused by either a disaster emergency within the county declared by the Governor or a local emergency declared by the governing body of a municipal corporation within the county.

(b) As used in this section:

"Disaster emergency" shall have the meaning ascribed to the term in 35 Pa.C.S. § 7102 (relating to definitions).

"Local emergency" shall have the meaning ascribed to the term in 35 Pa.C.S. § 7102 (relating to definitions).

Section 1951. Counties of Seventh and Eighth Classes; Appropriations to Borough Fire Departments and Volunteer Fire Companies.--The board of county commissioners of any county of the seventh or eighth class may [appropriate annually, except as hereinafter provided, a sum not in excess of six hundred dollars ($600),] make an appropriation annually to the fire department of any borough in the county or to any volunteer fire company located within a borough in said county which actually [give] gives fire protection to approximately all parts of the county[, or may appropriate up to one-half of such amount to each of two such departments or two such companies or one such department and one such company when each gives fire protection to approximately one-half of the entire county]. All moneys appropriated to any such fire department or fire company shall be used for the purchase, maintenance and repair of fire fighting equipment. This section shall not authorize the appropriation of any money to any fire department or fire company which receives contributions or appropriations from any township in the county.

(h.1) Fire Marshal and Assistant Fire Marshals in Counties of the Third through Eighth Class

Section 1953. Appointment.--The county commissioners of any third through eighth class county may appoint a fire marshal and assistant fire marshals deemed necessary to perform such duties relating to the prevention and control of fire as the county commissioners shall deem to be in the best interests of the county. Any fire marshal or assistant fire marshals so appointed shall not be assigned duties which will conflict with fire marshals or municipal fire marshals or powers relating to the control of fires conferred by law upon the Pennsylvania State Police. Compensation for the fire marshal and assistant fire marshals shall be set by the county salary board.

Section 1955. Drilling Gas Wells and Laying Gas Lines.--(a) The board of commissioners [of counties, situated in regions wherein natural gas is known to be obtainable,] may contract for the drilling of gas wells upon any lands owned by the county for the purpose of furnishing gas for light and fuel to the county buildings and for other purposes. For that purpose, they may also contract for the laying of gas lines equipped with such modern appliances and machinery as may be necessary.

(b) All such contracts, including contracts for the building of rigs or derricks and the purchase of machinery, shall be made by the county commissioners in the manner provided for in Article [XX] XVIII of this act.

Section 53. The act is amended by adding a section to read:

Section 1957. County May Assist Municipalities.--Upon the request of any political subdivision or subdivisions within a county, the county may assist a political subdivision in any negotiations or contest with any public utility company and, for such purpose, may employ or place at the disposal of such political subdivision the legal, engineering, accounting or clerical service of the county. The county commissioners of the county may also enter their appearance as interveners or otherwise in any proceedings before the Pennsylvania Public Utility Commission or before any court in any proceeding involving any controversy between any political subdivision in the county and a public utility company.

Section 54. Subdivision (j) heading of Article XIX of the act is repealed:

[(j) Law Libraries]

Section 55. Section 1971 of the act is amended to read:

Section 1971. Rewards for Detection or Apprehension of Criminals.--The board of commissioners, when they deem the same expedient, may offer such reward, in addition to that authorized by law, as in their judgment the nature of the case requires, for information leading to the detection or apprehension of any person charged with or perpetrating any felony or misdemeanor, or aiding or abetting the same. Upon the conviction of such person, the county commissioners may pay such reward out of the county treasury, but in no case shall the owner of any stolen property be entitled to any of the reward for the detection or apprehension of the person guilty of the larceny. In cases of misdemeanor, the county commissioners must have the approval of the president judge of the court of common pleas of the county before offering or paying such reward.

Section 56. Section 1972 of the act is repealed:

[Section 1972. Bounties for Destruction of Rattlesnakes, Copperhead Snakes and Porcupines.--The board of commissioners of any county of the sixth, seventh or eighth class may provide for the payment of rewards or bounties for the killing within the county of rattlesnakes and copperhead snakes, not more than one dollar ($1) for each, and for the killing of porcupines, not more than fifty cents (50¢) each. They may make appropriations for such purposes.]

Section 57. Section 1975 of the act is amended to read:

Section 1975. [Garbage and Refuse Disposal in County Plants.--The county] Municipal Waste Processing and Disposal in County Facilities.--(a) The commissioners of any county shall have the power to operate [garbage and refuse disposal plants or facilities, and incinerating furnaces,] or provide for the operation of municipal waste processing and disposal facilities, including municipal waste landfills, resource recovery facilities and recycling facilities, and to enter into agreements or contracts with any person, corporation or political subdivision for the disposal of [garbage and refuse in such facilities, erected and maintained by the county, as provided in Article XXIII of this act] municipal waste in the facilities constructed and maintained by the county , and to charge and receive fees for such service.

(b) A county may acquire by gift, lease, purchase by current revenues, borrowing or incurring indebtedness or eminent domain real property within the county for the purpose of constructing any facilities under subsection (a) or other buildings necessary to operate the facilities. In every case where private property is taken by eminent domain, the county shall acquire the entire title, either in fee or otherwise, held by the owner or owners of the property or of any interest therein.

(c) As used in this section, the terms "municipal waste landfill," "recycling facility" and "resource recovery facility" shall have the same meanings as given to those terms in the act of July 28, 1988 (P.L.556, No.101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act."

Section 58. Subdivision (m) of Article XIX of the act is repealed:

[(m) County and County Aided Institutions

Section 1980. Board of Visitors for Charitable Reform and Penal Institutions.--(a) The court of common pleas in each county shall, annually, appoint three reputable citizens of the county, on or before the first Tuesday of January, to serve as a board of visitors for that year. Two of the members of said board shall be of the majority party in the county and one shall be of the minority party, all of which shall be determined from the registration lists of the county. Vacancies upon the board shall be filled by the said court in like manner. The members of the board shall serve without compensation, but shall be paid such sum or sums for actual and necessary expenses as may be approved by the board of commissioners of the county.

(b) The board of visitors of each county shall visit at least three times a year all county hospitals, detention homes, children's homes, jails and like institutions of the county, or any agency of the county, or in counties of the third class of the institution district of the county, and all similar institutions and other charitable institutions to which the county appropriates money. Such visits shall be unannounced, and shall be made either by all of the members of the board or by a lesser number acting for the board. The board shall inspect the premises involved, and shall be entitled to full access thereto and to interview any of the inmates thereof, and shall inspect and ascertain all matters pertaining to the welfare and proper conduct of such institutions and, particularly, the treatment received by the inmates. The board shall make an annual report to the court of common pleas, upon a date fixed by the court, regarding all such things and such other matters as may be referred to them by the court regarding such institutions, and the board may also report to the said court, from time to time, as the board shall see fit. A copy of such reports shall be submitted by the board to the proper authorities for such institutions.]

Section 59. Subdivision (n) heading of Article XIX and section 1985 of the act are amended to read:

(n) Appropriations to Industrial Development

Agencies [and Tourist Promotion Agencies]

Section 1985. Appropriations to Industrial Development Agencies by Counties.--The board of commissioners of any county may appropriate, annually, such amounts as may be deemed necessary to any ["industrial development agency," as defined in the act of May 31, 1956 (P.L.1911), known as the "Industrial Development Assistance Law,"] "industrial development organization" as defined in section 2301 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act," to assist such agencies in the financing of their operational costs for the purposes of making studies, surveys and investigations, [the compilation of] compiling data and statistics and in the carrying out of planning and promotional programs.

Section 60. Section 1986 of the act is repealed:

[Section 1986. Appropriations to Tourist Promotion Agencies.--The board of commissioners may appropriate, annually, such amount of money but not in excess of thirty-five cents (35¢) for each resident of the county, as determined by the last census, which may be deemed necessary to any "tourist promotion agency" as defined in the act of April 28, 1961 (P.L.111), known as the "Tourist Promotion Law," to assist such agencies in carrying out tourist promotional activities.]

Section 61. Section 1990 of the act is amended to read:

Section 1990. Appropriations for Handling, Storage and Distribution of Surplus Foods.--The board of commissioners [of any county to which this act applies] may appropriate from county funds, or in counties of the second class A and third class from county institution district funds, moneys for the handling, storage and distribution of surplus foods obtained either through a local, State or Federal agency.

[All appropriations of moneys heretofore made by the board of commissioners of any county out of county funds, or county institution district funds, for the handling, storage and distribution of surplus foods obtained either through a local, State or Federal agency are hereby validated.]

Section 62. Section 1991 of the act is repealed:

[Section 1991. Food Stamp Program.--The board of commissioners of any county to which this act applies may by resolution adopt the food stamp program. Upon adoption of the program the county shall appropriate money and shall pay, quarterly from county funds, the amounts certified to the county as being the obligations to the Department of Public Welfare for thirty percent of the amount expended by the department for administration of the food stamp program for the county during the fiscal year 1965-1966, for forty percent of the amount expended during the fiscal year 1966-1967 and for fifty percent of the amount expended during the fiscal year 1967-1968 and thereafter.]

Section 63. Subdivision (p) heading of Article XIX and section 1995 of the act are amended to read:

(p) Historical Property and Museums

Section 1995. Acquisition, Repair and Maintenance of Historical Property.--The board of commissioners may acquire by purchase or by gift and repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest, which is [either listed in the catalogue of historical sites and buildings in Pennsylvania issued by the Joint State Government Commission, or approved for acquisition by the Pennsylvania Historical and Museum Commission as having historical significance.] listed or eligible to be listed in the National Register of Historic Places or designated as historic by resolution of the commissioners.

Section 64. The act is amended by adding a section to read:

Section 1995.1. Contributions to Museums of Fine Art or Natural History.--The board of commissioners may appropriate from county funds money for the purpose of contributing toward the cost of operating, maintaining or carrying out or furthering the purposes of institutes or museums of fine art or natural history, or both, located within the county on public property, established by private grant or bequest, open to the public and not used for private or corporate profit.

Section 65. Article XIX of the act is amended by adding a subdivision to read:

(p.1) Legal Aid Services

Section 1996. Appropriations for Legal Aid Services.--The board of commissioners may appropriate money for payment to nonprofit legal aid associations or societies or county bar associations, that provide legal aid services for indigent persons in civil matters.

Section 66. Subdivision (q) heading of Article XIX and section 1997 of the act are amended to read:

(q) Transportation and Traffic Control Devices

Section 1997. Improvement of Operation and Facilities.--The board of commissioners may enter into contracts and long range cooperative programs with Federal, State and local governmental agencies [or] , public utilities or authorities for the improvement of transportation operations and facilities within and across county lines. The board of commissioners may independently or in cooperation with any other county or municipality appropriate moneys annually in furtherance of such transportation improvements and, in connection therewith, may also accept on behalf of the county gifts, grants and Federal and State loans.

Section 67. The act is amended by adding a section to read:

Section 1998. Funds for Traffic Control Devices.--The board of commissioners may contribute funds to any municipal corporation within the county for the erection and maintenance of any traffic signal, as defined in 67 Pa. Code § 212.1. (relating to definitions).

Section 68. Subdivision (s) heading of Article XIX, section 1999, subdivision (t) heading of Article XIX, sections 1999a, 1999b, 1999c and 1999d, subdivision (x) heading of Article XIX, section 1999f, subdivision (z) heading of Article XIX and section 1999g of the act are amended to read:

(s) Appropriations for Recreation and Historic and

Museum Projects of [Boroughs and Townships] Municipal Corporations, Authorities and Nonprofit Organizations

Section 1999. Appropriations for [Grants to Aid Certain] Recreation and Historic and Museum Projects.-- (a) The board of commissioners of any county may appropriate from county funds moneys for grants to assist [boroughs or townships within the county in the purchase or acquisition of lands or buildings, or both,] municipal corporations and authorities within the county, as well as nonprofit organizations, in the purchase, acquisition, improvement, equipping or landscaping of lands, buildings and facilities, and, in the case of buildings and facilities, demolition of the same, for parks, recreation areas, open space projects and other such outdoor projects and for historic [or] and museum projects.

(b) As used in this section, the term "nonprofit organizations" shall mean entities which are tax exempt under section 501(a) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(a)), as amended, or any successor provisions thereto, not operated for profit and organized to:

(1) preserve or conserve open space, natural resources or natural habitats;

(2) promote outdoor recreation and the acquisition and development of facilities related thereto; or

(3) preserve sites of historical significance.

(t) Appropriations to Institutions of Higher

Learning or to Nonprofit Educational Trusts in Counties of the Third through Eighth Class

Section 1999a. Appropriations to Institutions of Higher Learning or to Nonprofit Educational Trusts.--The board of commissioners of any county may appropriate from time to time moneys from county funds in such amounts as may be deemed necessary to any nonsectarian institution of higher learning within such county or to any nonprofit educational trust created for the purpose of constructing or maintaining facilities for [State Colleges or] Pennsylvania State System of Higher Education universities and State-related universities, including the Pennsylvania State University , Lincoln University, Temple University and the University of Pittsburgh, within such county to assist the institution or trust in the financing of the functions specified by the board of commissioners.

Section 1999b. Federal Health and Welfare Programs.--Any county may, through the commissioners, enter into agreements with the Federal government, or with any city, borough, town, township, nonprofit corporation or association located or carrying on its functions within such county or serving the residents of such county and which city, borough, town, township, nonprofit corporation or association has or is about to contract with the Federal government or with any agency of State government whereby the Federal government will provide a portion of the funds necessary, payable either to the county or State government or directly to the city, borough, town, township, nonprofit corporation or association for any program not in conflict with an existing or hereafter established state program offered by the Federal government for the promotion of the health or welfare of its citizens[, including but not limited to the young, the poor and the aged,] and in the furtherance of said programs may comply with conditions, rules or regulations attached by the Federal or State governments.

The county may accept gifts or grants of money, property or services from any source, public or private, and may appropriate such funds as may be necessary to carry out said programs.

Section 1999c. Appropriations for Reservoirs and Water Resources.--(a) The board of commissioners may borrow, appropriate and expend money for the construction, acquisition by purchase, lease or otherwise, operation and maintenance of dams, reservoirs, wells and other facilities for the utilization of surface, subsurface, and ground water resources and all related structures, appurtenances and equipment necessary for the use of said dams, reservoirs, wells and other facilities, and may acquire by purchase, lease, gift, or the exercise of power of eminent domain, sites for the same: Provided, That the board of commissioners shall obtain a permit from the Department of Environmental [Resources] Protection whenever such permit is required by law: And provided further, That the board of commissioners shall not acquire by the exercise of power of eminent domain the property of a public utility subject to the jurisdiction of Pennsylvania Public Utility Commission or [Federal Power Commission] the Federal Energy Regulatory Commission .

(b) The board of commissioners may enter into agreements for the regulation of withdrawals and diversions of waters from said dams, reservoirs, wells and other facilities, and the sale of the same, subject to approval of State, Federal or interstate agencies which may have primary jurisdiction over water resources. Dams, wells and reservoirs acquired by purchase, lease or otherwise, or constructed by the commissioners may be for the sole purpose of water supply or in conjunction with any other purposes, except the generation of electric energy.

(c) The board of commissioners may enter into contracts or long-range cooperative programs with State, Federal, interstate and local government agencies or public utilities for the development and use of the county's water resources.

(d) It shall be lawful for any county to execute such agreements and contracts as it may deem necessary or advisable with an authority organized by such county to provide, design, acquire, hold, construct, improve, own, lease, as lessor or lessee, maintain and operate dams, reservoirs, wells and other facilities for the utilization of surface, subsurface and ground water resources and all related structures, appurtenances and equipment necessary for the use of the same; also to grant, convey, lease, transfer, encumber, mortgage and pledge to such authority, its dams, reservoirs, wells and related facilities and any improvements and additions thereto; to assign and pledge to such authority rentals, rates and charges charged and collected by it for the use thereof and to assign to such authority its power to collect the same. No such agreement, contract, grant, conveyance, lease, assignment, encumbrance, mortgage or pledge shall be construed to prevent the affected county from thereafter using its tax revenues for the purpose of maintaining, repairing, altering, inspecting or improving such dams, reservoirs, wells and related facilities.

[Every such agreement, contract, grant, conveyance, lease, transfer, assignment, encumbrance, mortgage and pledge heretofore made to or with any authority organized by any county is hereby ratified, confirmed and made valid and the same shall be and remain lawful, valid and enforceable according to its terms.]

(e) Any county may enter into an agreement and contract for the sale of water to any other [county, city, borough, incorporated town, township] municipality , authority or public utility at reasonable and uniform rates to be determined exclusively by it.

Section 1999d. Tourist Promotion Agencies; Appropriations.-- (a) The board of commissioners of any county may create or may join with other counties in the creation of a tourist promotion agency , as defined under the act of July 4, 2008 (P.L.621, No.50), known as the "Tourism Promotion Act," for the purpose of making studies, surveys and investigations and for planning and carrying out promotional programs and projects designed to stimulate and increase the volume of tourist, visitor and vacation business within such county or counties and may appropriate funds for such purposes.

(b) The board of commissioners may appropriate annually such amount of money as may be deemed necessary to any tourist promotion agency, as defined under the "Tourism Promotion Act," to assist such agencies in carrying out tourism promotional activities.

(x) Crime Detection Laboratory and Police Training School

in Counties of the Third Class

Section 1999f. Parking Facilities.--The board of commissioners of any county may appropriate moneys from the county treasury for the purpose of purchasing, constructing, maintaining and operating as a county facility a motor vehicle parking facility, or may create a municipal authority and appropriate moneys to such authority for such purpose, and the county commissioners, or the municipal authority created for such purpose, may lease to any city, borough or township wherein the parking facility is or shall be constructed, or to a parking authority created by the city, borough or township, the land to be used for a parking facility, or a parking facility, for the use, benefit, health, safety and general welfare of the citizens of the Commonwealth. [The county, at the discretion of the commissioners, may establish or designate parking areas exclusively reserved for parking by handicapped individuals and may post signs indicating such restriction.]

(z) [Non-debt] Revenue Bonds for Industrial Development Projects

Section 1999g. Issuance of [Non-Debt] Revenue Bonds for Industrial Development Projects.--The board of commissioners of any county is empowered to issue [non-debt] revenue bonds of the county pursuant to provisions of [the act of June 25, 1941 (P.L.159). known as the "Municipal Borrowing Law," and its amendments] 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) , to provide sufficient moneys for and toward the acquisition, construction, reconstruction, extension, equipping or improvement of an industrial development project or projects, consisting of any building or facility or combination or part thereof occupied or utilized by an industrial, manufacturing, or research and development enterprise now existing or hereafter acquired, including any or all buildings, improvements, additions, extensions, replacements, appurtenances, lands, rights in land, water rights, franchises, machinery, equipment, furnishings, landscaping, utilities, railroad spurs and sidings, wharfs, approaches and roadways necessary or desirable in connection therewith or incidental thereto, said bonds to be secured solely by the pledge of the whole or part of the fees, rents, tolls or charges derived from the ownership or operation of such facilities or for the use or services of the same.

Said industrial development project or projects financed by the issuance of [non-debt] revenue bonds as in this section provided may be leased by the county in whole or in part to a lessee or lessees for a period of years equal in time to the period of maturity of the bonds so issued.

Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.

The board of commissioners [in] is further empowered to sell, lease, lend, grant, convey, transfer or pay over to any authority created pursuant to the [act of August 23, 1967 (Act No. 102), known as the "Industrial Development Authority Law,"] act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law," with or without consideration, any project or any part or parts thereof, or any interest in real or personal property or any funds available for industrial development purposes, including the proceeds of [non-debt] revenue bonds hereafter issued pursuant hereto, for industrial development purposes, and to assign, transfer and set over to any such authority and contracts which may have been awarded for the construction of projects not begun or, if begun, not completed.

The board of commissioners [are] is further empowered to enter into any and all contracts or agreements with any such authority and/or with any tenant or proposed tenant of any industrial development project and to do any or all things necessary or proper to effectuate the public purpose of this section.

Section 69. Article XIX of the act is amended by adding subdivisions to read:

(z.3) Civil Service in Counties

of the Second Class A

Section 1999j. Civil Service for Certain Employes.--The county commissioners in a county of the second class A are hereby authorized to establish by ordinance a merit system for the selection, tenure, promotion and discharge of employes involved in any work for which the county receives or is eligible to receive Federal or State grants-in-aid.

(z.4) Insuring County Against Loss or Liability

Section 1999k. Insurance.--(a) The commissioners may provide for such insurance as they deem appropriate on the real and personal property of the county, including, but not limited to, all grounds, buildings and contents, vehicles and information technology.

(b) In addition to any form of comprehensive, general or umbrella liability insurance, the commissioners may acquire insurance against any form of loss or liability, including crime, fire, natural disaster, errors and omissions of officers or employes, vehicle operation and use of information technology.

(z.5) Lot and Block System in Counties

of the Second Class A

Section 1999l. Lot and Block System, Generally.--Any county of the second class A which, upon the effective date of this section, has adopted and maintains a lot and block system for the registration of land titles, for the accumulation of county tax liens and for the enumeration of the parcels of real estate for the assessment of real estate taxes in one or more political subdivisions of the county may continue to operate a lot and block system until such time as the commissioners deem appropriate.

Section 1999m. Duties of County Officers and Employees under Lot and Block System.--(a) Where a lot and block system under section 1999l remains in effect, the portion of the system relating to the plats, plat books and the upkeep of the same shall remain in the custody of the deed registry office of the county. The portion of the system containing the files, cards, indexes and other records relating to the liening of county taxes shall remain in and be maintained by the office of the controller of the county.

(b) (1) The district assessors appointed by the county board of assessment appeals, whose assessments are being made within the municipal subdivisions that have had the lot and block system completed therein, shall use the lot and block system descriptive numbers in their original books of assessment.

(2) The board of assessment appeals shall, within municipal subdivisions covered by a lot and block system, correct any assessment where the lot and block system descriptive number is absent.

(3) The recorder of deeds shall receive for recording any deed that refers to a specific parcel of real estate. If the deed does not bear the certification by the custodian of the lot and block system that the descriptive numbers incorporated in the description of the real estate described therein are correct, then, before transcribing any such deed lacking the certification, the recorder of deeds shall obtain the same from the custodian of the lot and block system.

(4) The treasurer or tax collector of each city, borough, town, township or school district where the lot and block system has been completed under the order of court shall place upon each tax bill sent out, and upon each tax receipt issued upon payment, the lot and block system descriptive numbers.

(5) The controller, in the case of the county, and the treasurer, tax collector or solicitor, as the case may be, in each city, borough, township or school district, within which the lot and block system has been completed, shall, at the time of filing liens for unpaid taxes with the prothonotary, set forth on such liens the individual lot and block system descriptive numbers, and the prothonotary shall not receive and file such liens unless the descriptive numbers are contained thereon.

(6) For the purposes of the sale of real estate for delinquent taxes, either by the sheriff of the county or by the commissioners and treasurer of the county, or by the treasurer of any city, borough, town, township or school district, the lot and block system descriptive numbers are hereby declared to be sufficient description for the advertising preceding such sale, for the oral description read at such sale prior to receiving bids and for the purposes of the description to be inserted in any tax deed to be given to the purchaser at such sale.

Section 70. The act is amended by adding an article to read:

ARTICLE XIX-A

MILITARY AND VETERANS AFFAIRS

(a) Appropriations for Military Purposes

Section 1901-A. Appropriation of money or land for National Guard Armories.

(a) Conveyance of land.--The board of commissioners of a county may convey land to the Commonwealth to assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard. The board of commissioners may acquire land for this purpose in a lawful manner.

(b) Board.--The board of commissioners may also furnish water, light or fuel, free of cost to the Commonwealth, for use in an armory of the National Guard and may do all things necessary to accomplish this purpose.

Section 1902-A. Appropriation for maintenance of National Guard.

(a) Support and maintenance.--The board of commissioners of a county may make appropriations for the support, maintenance, discipline and training of one or more units of the National Guard. If units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization.

(b) Requirements.--All money appropriated shall be paid to the order of the commanding officer of the company, battalion, regiment or similar organization only when it shall be certified to the commissioners by the Adjutant General that the unit or units have satisfactorily passed the annual inspection provided by law. The money appropriated shall be used and expended solely and exclusively for the support, maintenance, discipline and training of the company, battalion, regiment or similar organization, and the commanding officer shall account by proper vouchers to the county each year for the expenditure of the money appropriated. No appropriation shall be made for a subsequent year until the expenditure of the previous year is duly and satisfactorily accounted for.

(c) Inspection.--Accounts of expenditures shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the auditors or the controller, as the case may be, in the manner provided by law for the audit of accounts of county money.

Section 1903-A. Appropriation to rifle clubs in time of war.

(a) Appropriation.--At any time a state of war exists, the board of commissioners of a county may appropriate money to civilian rifle clubs, duly chartered by the National Rifle Association of America, for the maintenance and rental of rifle ranges, the employment of competent instructors and necessary employees and for the equipment and uniforms for the members of clubs who volunteer for special military duty in their respective counties or answer a call of the Governor.

(b) Restriction.--No money shall be appropriated to a club unless practice on a rifle range by the members of the club is with a United States military rifle or arms approved by the Adjutant General.

(b) Interment of Deceased Servicepersons

and Surviving Spouses

Section 1908-A. Definitions.

As used in this subdivision, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Deceased serviceperson." The term includes:

(1) A deceased person who, at the time of death, was serving, whether or not in a combat zone, in the Army, Navy, Air Force, Marine Corps, Coast Guard or a women's organization officially connected to those forces, during a war or armed conflict in which the United States has been, is now or shall be engaged, or who, at the time of death, was serving in a zone where a campaign or state or condition of war or armed conflict then existed, in which the United States was, is or shall be a participant. The existence of a campaign or state or condition of war or armed conflict, and the participation of the United States in the conflict as well as the fact that the deceased person served in a zone where a campaign or state or condition of war or armed conflict existed shall, in each case, be established by the records of the Department of Defense of the Federal Government.

(2) A deceased person who had served at any time during the person's life and whose separation from service was honorable, whether by discharge or otherwise, or who, at the time of death, was continuing in service after the cessation of the war, armed conflict, campaign or state or condition of war during or in which the person served.

(3) A deceased person who was in active service in the militia of the Commonwealth under a proclamation issued by the Governor during the Civil War and who was not duly mustered into the service of the United States but was honorably discharged or relieved from service.

"Legal residence." An actual residence, coupled with intention that it shall be permanent, or a residence presently fixed with no definite intention of changing it or of returning to a former residence at some future period. Legal residence is to be determined by abode of a person and the person's intention to abandon a former domicile and establish a new one. The legal residence of a deceased serviceperson shall be prima facia in the county where the person resided at the time of death.

Section 1909-A. Funeral expenses of deceased servicepersons.

(a) Contributions.--Each county shall contribute at least $75 towards the funeral expenses of each deceased serviceperson in the cases provided in subsection (b) where, in each case, application for the contribution is made within one year after the date of the deceased serviceperson's death. In the case of a deceased serviceperson who died while in service, application may be made at any time. All contributions made under this section shall be uniform as to eligible deceased servicepersons within the same calendar year.

(b) Payments.--Payments shall be made under the following circumstances:

(1) Where the deceased serviceperson, at the time of death, had a legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county. Every deceased serviceperson having a legal residence in this Commonwealth at the time of death shall be entitled to the benefits of this section, regardless of where the person may have died or where the person may be interred, and the liability shall be on the county where the deceased serviceperson shall have had legal residence at the time of death.

(2) Where the deceased serviceperson died and was interred in the county but, at the time of death, did not have legal residence within this Commonwealth, if the board of commissioners of the county where the person died are notified in writing by an organization of veterans that the body is unclaimed by relatives or friends and, upon investigation, shall find such conditions to exist.

Section 1910-A. Interment of spouses of deceased servicepersons.

Upon due application and proof, the county shall contribute at least $75 towards the funeral expenses of a spouse of a deceased serviceperson who, at the time of death, had a legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county. The county shall not contribute money toward the funeral expenses of a spouse of a deceased serviceperson who had remarried after the death of the deceased serviceperson. In each case, application for the contribution shall be made within one year after the date of the death of the spouse. All contributions made under this section shall be uniform as to eligible spouses within the same calendar year.

Section 1911-A. Payment.

(a) Funeral expenses.--The county shall make a payment in the amount authorized or required under section 1909-A or 1910-A for each deceased serviceperson or spouse of a deceased serviceperson in accordance with the provisions of this subdivision, to be paid out of the funds of the county, and payments shall be made payable to the applicant or applicants if the application shows that the funeral expenses have been paid. Otherwise, payments shall be made to the funeral director performing the services, with notice to the applicant.

(b) Personal representative.--Application for contributions shall be made by the personal representative of a deceased serviceperson or a deceased serviceperson's spouse. If no qualified personal representative is available, the application then may be made by the next-of-kin, an individual or a veterans' organization, who or which assumes responsibility for the cost of burial. The facts contained in the application shall be sustained by affidavit. A person who knowingly files an application under this section which is false in any material manner shall be guilty of a misdemeanor in accordance with 18 Pa.C.S. § 4903 (relating to false swearing).

(c) Application.--The application shall be on forms prescribed by the Department of Military and Veterans Affairs and shall verify whether the funeral expenses have been paid. The application shall be attached to a certified copy of the death certificate and an affidavit prepared by the funeral director who had charge of the interment, which certifies that the funeral director did render the service.

Section 1912-A. Flag holders for graves.

(a) Flag holders.--The commissioners of each county shall, from time to time as they consider expedient, procure appropriate flag holders for the graves of deceased servicepersons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces and whose separation from service was honorable, whether by discharge or otherwise. Such flag holders shall be of bronze, aluminum or a suitable weather-resistant substitute material.

(b) Requirement for flag holders.--The commissioners of each county shall place a flag holder upon the grave of each deceased serviceperson and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces whose separation from service was honorable, whether by discharge or otherwise, who, at the time of death:

(1) had legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county; or

(2) did not have a legal residence within this Commonwealth.

(c) Design of flag holders.--If a deceased serviceperson was a veteran of a war or campaign for which the Federal Government issued discharge buttons, the flag holders designated for their graves shall include a facsimile of the discharge button. If a deceased serviceperson was a veteran of the Korean Conflict, the markers designated for their graves shall include a circular emblem with the words "Korea, U.S., 1950-1953" in the border and shall incorporate the insignia of the Army, Navy, Marine Corps, Air Force or Coast Guard, as appropriate, in the form approved by the State Veterans' Commission.

(d) Memorial certificate.--In the case of a county of the second class A, in lieu of placing a flag holder on the grave, if the next-of-kin of a veteran so requests, a memorial certificate may be issued to the next-of-kin of a deceased serviceperson who, at the time of death, had legal residence in the county, whether or not the person died in the county and whether or not the person was interred in the county. The memorial certificate shall indicate the deceased serviceperson's name and designate the war or campaign in which the deceased serviceperson served.

Section 1913-A. Memorial benefit.

(a) Memorial.--The county commissioners shall provide, directly or reimbursement toward the expense of, a memorial designated in subsection (b) on the graves of deceased servicepersons who, at the time of death, had legal residence in the county as well as on the graves of all other deceased servicepersons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces and whose separation from service was honorable, whether by discharge or otherwise.

(b) Specifications.--The commissioners shall provide a concrete or granite base for a headstone provided by the Federal Government, or if lettering only on an existing memorial is desired by the family, the county commissioners shall provide the lettering.

(c) Commissioner requirements.--In the event the body of any deceased serviceperson either cannot or will not be returned to the United States, it shall be the duty of the county commissioners to provide a memorial benefit in the family plot of the deceased serviceperson. If lettering of an existing memorial is desired by the family, the inscription shall include:

(1) the name, rank and organization of the deceased serviceperson;

(2) the name of the country, location or manner in which the person lost his or her life; and

(3) the cemetery or other interment site where the deceased serviceperson has been interred, if any.

(d) Expense for benefit.--The expense for a benefit provided under this section shall be paid for by the county in which the deceased serviceperson had legal residence at the time of death, whether or not the person died in the county and whether or not the person was interred in the county. The expense shall not exceed the actual cost of providing the concrete or granite base or lettering. The county commissioners of each county shall pay from the treasury to the party or parties furnishing the benefit.

(e) Legal disputes.--In cases of dispute concerning the legal residence of a deceased serviceperson, the county in which a deceased serviceperson is interred shall perform the duties required under this section. No payment shall be made unless the application is approved by the county commissioners before the commencement of the project.

(f) Offense.--Any person who intentionally or recklessly destroys, mutilates, removes or defaces a grave marker, headstone or flag holder commits an offense under 18 Pa.C.S. § 3903 (relating to grading of theft offenses).

Section 1914-A. Burial plots.

The county commissioners of each county are authorized to purchase plots of ground in each cemetery or other interment site for the interment of deceased servicepersons whose bodies are entitled to be interred under this subarticle. Costs under this section shall be paid by the county commissioners from the county treasury. The purchase price of plots of ground shall not be charged against or allotted as part of the cost of interment of deceased servicepersons who may be interred in any of the plots under this subarticle.

Section 1915-A. Care of graves and headstones.

The county commissioners of each county may ensure that the graves and headstones of all deceased servicepersons and all other veterans who are buried in the county receive proper and fitting care and may employ all necessary assistants to carry out the provisions of this section. The expense of the care of the graves and headstones may be paid for by the county where the graves are located, except where suitable care is otherwise provided. Money appropriated may be expended directly by the county commissioners or paid over to the person, firm, association or corporation owning or controlling a cemetery or other interment site in the county where a grave is situated. The sum paid for a grave each year shall not exceed the charge for the annual care and maintenance of like graves in the same cemetery or, if no fixed charge is established in that cemetery, shall not exceed the sum charged in other cemeteries in the same county for like service.

Section 1916-A. Determining eligibility for interment benefits.

(a) Proof required.--In each case where application is made for a contribution toward the funeral expenses of a deceased serviceperson or the surviving spouse of a deceased serviceperson or for a memorial benefit under section 1913-A, the county commissioners shall, before expending any money, require proof of the following:

(1) The service of the deceased serviceperson which entitles that person or the surviving spouse to the benefits under this subarticle. Proof shall be made by the production of an honorable discharge or other official record showing service during a war in which the United States is or was engaged, or by the records of the United States Department of Defense, or by copies filed in the Department of Military and Veterans Affairs showing the existence of a campaign or state or condition of war, the participation of the United States and the service of the deceased serviceperson in a zone where a campaign or state or condition of war existed.

(2) The death of the deceased serviceperson.

(3) In addition to paragraphs (1) and (2), in the case of the interment of the surviving spouse of a deceased serviceperson, the death of the surviving spouse and the fact that the spouse was married to the deceased serviceperson at the time of the serviceperson's death and that the spouse has not since remarried.

(4) Except in cases where persons not having a legal residence within this Commonwealth are entitled to any of the benefits under this subarticle, the legal residence within the county of the deceased serviceperson or of the surviving spouse of a deceased serviceperson, as the case may be.

(b) Documentation required.--Death shall, in all cases, be proven by a death certificate, if procurable, or else by one of the following:

(1) Affidavit of one or more persons personally acquainted with the deceased and the fact of the person's death.

(2) Proof of the record of death kept by the attending physician.

(3) Proof of the record of interment kept by the funeral director.

(4) Records of the church burial association or cemetery company maintaining the graveyard, burial ground, cemetery or other interment site in which the deceased serviceperson was interred.

(c) Satisfaction of proof.--If proof required by this subarticle has been furnished to the county commissioners, no further proof of the same facts shall be required in order to obtain any other benefit under this subarticle.

(c) Memorial Observances

Section 1921-A. Appropriations to veterans' organizations for expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day.

(a) Appropriations.--The board of commissioners may make appropriations to aid in defraying the expenses of Memorial Day, Veterans' Day, Flag Day and Independence Day to each camp, post, detachment or organization in the county of the following:

(1) The United Spanish War Veterans.

(2) The American Legion.

(3) The Veterans of Foreign Wars.

(4) The Veterans of World War I of the USA, Inc.

(5) The American War Veterans of World War II (AMVETS).

(6) The Society of the Twenty-eighth Division, AEF, Incorporated.

(7) Italian American War Veterans of the United States, Incorporated.

(8) The Marine Corps League.

(9) Each naval association.

(10) The Grand Army of the Republic.

(11) The Disabled American Veterans.

(12) The American Gold Star Mothers.

(13) The Sons of Union Veterans of the Civil War, the Daughters of Union Veterans of the Civil War or, in the absence of orders, a duly constituted organization that decorates graves of Union Veterans of the Civil War.

(14) Any other nationally chartered veterans' organization or other veterans' organization recognized by the county.

(b) Payments.--Payments under this section shall be made to defray actual expenses only. Before any payment is made, the organization receiving the payment shall submit verified accounts of their expenditures.

Section 1922-A. Flags to decorate graves.

(a) Memorial Day flags.--It shall be the duty of the county commissioners of each county to provide flags on each Memorial Day with which to decorate the graves of all deceased servicepersons and the graves of all other deceased persons who served in the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine during World War II or an organization officially connected to those forces, whose separation from service was honorable, whether by discharge or otherwise, and who are interred within the county. The flags to be used shall be standard size, colorfast and American-made and shall be purchased at the expense of the county from money in the county treasury.

(b) Veterans' organizations.--Counties may coordinate with local veterans' organizations to ensure that cemeteries are decorated in compliance with the provisions of this section. Flags required under this section shall be furnished to the various veterans' organizations in numbers required for their respective communities.

(c) Appropriations.--Money expended by each county under this section shall be in addition to money appropriated by counties for Memorial Day purposes.

(d) Maintenance.--

(1) Annually, the authorities in charge of each cemetery are authorized to remove flags as follows:

(i) A cemetery may remove flags when flags become unsightly or weatherworn any time on or after the first working day after Veterans' Day. Prior to Veterans' Day, a cemetery may request replacement flags from the county which may be used by the cemetery to replace weatherworn flags, if such replacement flags are available.

(ii) Notwithstanding subparagraph (i), a cemetery may remove flags as a part of the cemetery's normal course of maintenance not before the first working day after Independence Day, but prior to Veterans' Day provided that the cemetery makes the flags available to family members, veterans' organizations or other community organizations for the purpose of decorating graves in recognition of Veterans' Day.

(2) A cemetery may remove flag holders for annual storage upon the authorized removal of flags.

(e) Removal of flags by family members.--A family member of a person whose grave is decorated with a flag by the county for the purpose of Memorial Day may take and keep the flag after the first working day after Veterans' Day.

(f) Offense.--Except as otherwise provided in this section, a person, other than a family member removing the flag from a deceased relative's grave, who removes or causes the removal of flags prior to the first working day after Independence Day shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of $300 and, upon failure to pay a fine, to undergo imprisonment not to exceed 90 days.

(g) Exception.--A cemetery or an owner, employee, agent or contractor of a cemetery who removes or causes the removal of a flag, grave marker, headstone, flag holder or other memorial in good faith in the course of maintenance, repair or mitigation of damage shall not be subject to subsection (f) or section 1913-A(f).

Section 1923-A. Compilation of war records.

(a) Records required.--The county commissioners of each county are authorized and directed, at the expense of the county, to compile a record of the interment sites within the county of deceased servicepersons and all other veterans. Records, so far as practicable, shall indicate the name of each deceased serviceperson, the service in which the person was engaged, the number of the regiment, company or command, the rank and period of service, the name and location of the cemetery or other place in which the person's body is interred, the location of the grave in a cemetery or other place and the character of headstone or other marker, if any, at the grave. The record shall be known as the Veterans' Grave Registration Record of ............................. County, and shall be a public record, open to inspection during business hours.

(b) Record blanks.--The county commissioners of each county shall ensure that record blanks are prepared, according to forms prescribed by the Department of Military and Veterans Affairs, whereby the information required for the record may be transmitted to the commissioners upon request.

(c) Certificate required.--Every person, firm, association or corporation, including a municipal corporation, owning or controlling a cemetery or interment site in this Commonwealth which inters bodies of deceased servicepersons shall file with the county director of veterans' affairs of the county in which the cemetery is located a certificate, on the record blanks provided by the county commissioners, of the facts required for the record if the facts are within the knowledge of the person, firm, association or corporation or a designated agent.

(d) Offense.--The county commissioners of each county shall ensure that record blanks are distributed to a person, firm, association or corporation, as they deem advisable, with the request that the information required under this section be transmitted to the county. A person, firm, association or corporation, except municipal corporations, that refuses or neglects to fill out and transmit to the county commissioners the blanks or forms within six months after receipt of the blanks or forms is guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of $100.

(e) Location of interment sites.--For the purpose of locating the interment sites of persons who have served in the armed forces of the United States during a war or armed conflict in which the United States was engaged, any veterans' organization listed in section 1921-A(a) or otherwise recognized by the county is authorized, without expense to the county, to collect the required data and prepare and file with the county commissioners certificates embodying the information required under this section.

(f) Written notice.--Notwithstanding any provision to the contrary, any organization that accepts remains under section 506.2 of the act of June 29, 1953 (P.L.304, No.66), known as the Vital Statistics Law of 1953, which allows certain veterans' service organizations to claim the remains of certain deceased veterans, shall give written notice of the location and manner of the final disposition of the remains to the county director of veterans' affairs of the county in which the final disposition of the remains is made.

Section 1924-A. Director of veterans' affairs.

(a) Appointment.--The county commissioners of a county shall appoint an eligible person under 51 Pa.C.S. § 1731(a) (relating to accreditation) to serve as the director of veterans' affairs, who shall receive compensation as fixed by the salary board.

(b) Responsibility of director.--It shall also be the duty of the director of veterans' affairs to:

(1) Assist all veterans and their families in securing rights relating to their person, property and care of family under any of the laws of the United States and this Commonwealth.

(2) Assist the county commissioners in administering the provisions of this subdivision which relate to the interment of deceased servicepersons and their surviving spouses and to furnishing flagholders and placing headstones on their graves.

(3) Compile and maintain war records and records of interment sites of deceased servicepersons in accordance with the provisions of this subdivision.

(4) Perform other duties provided by statute, including, but not limited to, the duties required under 51 Pa.C.S. § 1731(c).

(c) Compensation.--For services performed under subsection (b), the director of veterans' affairs shall be entitled to expenses incurred and additional compensation. Both expenses and compensation shall be subject to the approval of the salary board.

Section 71. Section 2101 of the act is amended to read:

Section 2101. Health Work.--The [board of county] commissioners may provide and annually appropriate from any moneys in the county treasury not otherwise appropriated such sum or sums as they deem necessary for the protection of the health, cleanliness, convenience, comfort and safety of the people of the county.

Section 72. Subdivision (b) of Article XXI of the act is repealed:

[(b) County and Joint County Hospitals

Section 2110. Expenses of Maintenance, Care and Treatment.--All expenses incident to the maintenance and operation of any county or joint county contagious disease hospitals, and of buildings, wings and units at general hospitals, erected and equipped for such diseases, under the provisions of this act, shall be paid by the county, or by the counties so joining, out of county funds in accordance with the agreement made between or among the participating counties, or between or among the county and any municipalities within the county, in the case of joint county hospitals, or of buildings, wings and units at general hospitals jointly agreed upon by counties under the provisions of this act. The county, or each county in the case of joint arrangements, shall separately be liable to pay the cost of the care and treatment of its indigent patients and those unable to pay the entire cost of care and treatment in such contagious disease hospitals, and in buildings, wings and units at general hospitals, and for such purposes any county, or the counties so joining, shall have power to appropriate county funds.

Section 2111. Administration of County and Joint County Hospitals.--After any county hospital for contagious diseases is erected and equipped and ready for occupancy, it shall be operated by and under the authority of the county commissioners of the county in the same manner that other county buildings and institutions are operated, and in the case of joint county hospitals, the operation shall be in the manner provided in the agreement between the counties. All county or joint county contagious disease hospitals heretofore erected and constructed shall hereafter be maintained and operated in the manner provided by this subdivision.

Section 2112. Removal of Contagious Cases to Hospital.--In any county having a hospital for the care and treatment of contagious diseases, any lawfully authorized health authorities of or within the county may remove cases of contagious disease to such hospital for treatment and isolation, whenever proper quarantine measures cannot otherwise be enforced.

Section 2113. Advisory Board for County Hospital for Tuberculosis.--(a) If a majority of the electors voting upon the question submitted to them, pursuant to the provisions of this act, at an election, shall be in favor of the establishment of a hospital by the county for treatment of persons afflicted with tuberculosis, the court of common pleas of the county shall immediately appoint an advisory board of five members, all of whom shall be electors of the county and one of whom shall be a licensed physician. The members of said board shall be appointed, one for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a term of one year or until their successors are appointed and have qualified. All appointments at the expiration of any term shall be for a term of five years.

(b) The board shall meet monthly and at such other times as it may be deemed necessary. The board shall visit and inspect and keep in close touch with the management and operation of said hospital, and shall, from time to time, make such recommendations and suggestions to the county commissioners for changes or improvements in said management and operation as may be deemed advisable. It shall also make an annual report to the county commissioners concerning the management and operation of said hospital.

(c) The county commissioners shall, at the expense of the county, provide a meeting place for said board, and furnish all supplies and materials necessary to carry on its work.

(d) The members of the board shall not receive any compensation for their services, but shall be allowed all actual and necessary expenses, incurred in the discharge of their duties, which shall be paid by the county.

Section 2114. Employes' Salaries in County Hospital for Tuberculosis.--The county commissioners may, after consultation with the advisory board, employ a superintendent and such physicians, nurses and other employes as may be necessary to properly conduct and manage such hospital and the salary board shall fix their compensation. All such salaries shall be paid by the county treasurer in the usual manner.

Section 2115. Management.--The county commissioners shall have power, after consulting with the advisory board, to make general rules and regulations for the management of the county hospital for tuberculosis, and shall have power to do all acts deemed necessary to promote the usefulness of the hospital in the prevention of tuberculosis.

Section 2116. Use of Hospital.--Every hospital established under the provisions of this act for the treatment of tuberculosis shall be used for the benefit of all inhabitants afflicted with tuberculosis resident within the county in which the hospital is located, and all such persons shall be entitled to occupancy, nursing, care, treatment and maintenance according to the rules and regulations prescribed by the county commissioners. The county commissioners may exclude from the use of the hospital any person who wilfully violates any rule or regulation adopted for the hospital by said county commissioners. The county commissioners may charge and collect, from persons admitted to the hospital or persons legally responsible for their maintenance, reasonable compensation for the care, treatment and maintenance of such persons, but free treatment shall be given to all such persons who are, after reasonable investigation, found to be unable to pay.

Section 2117. Patients from Other Counties; Donations.--(a) The county commissioners may admit patients to the county hospital for tuberculosis who are resident within any other county of the Commonwealth, provided such other county agrees to reimburse the county in which the hospital is located for all charges in connection with the admission, maintenance, care and treatment of such patients, and not paid by the patients themselves. Authority is hereby conferred upon all counties in the Commonwealth to pay to any other county in which such hospital is located reasonable charges for patients cared for by said hospital resident in the county paying such charges.

(b) All money received from the care and maintenance of patients or from gifts or donations shall be paid into the county treasury and shall be used only for the maintenance of such hospitals. County commissioners are authorized and empowered to receive contributions, donations, property and trust funds for the erection and maintenance of such hospitals as provided in this act.

Section 2118. Appropriations; Tax Levy.--The advisory board for county hospitals for tuberculosis herein provided for shall, by September thirtieth of each year, furnish to the county commissioners and the county controller, if any, a schedule of expenses deemed necessary for the maintenance and operation of the hospital for the ensuing year. The county commissioners shall, after considering the schedule submitted by the advisory board, annually make appropriations deemed by them sufficient to properly manage and operate said hospital. The county commissioners shall levy a special tax sufficient to produce the moneys appropriated to said hospital, which tax shall be collected in the same manner as other county taxes and shall be paid into the county treasury. All payments from the county treasury shall be made by voucher checks in the usual manner.

Section 2119. Hospitals for Tuberculosis Established Under Other Laws.--In any county where any hospital for tuberculosis has been begun or erected under the provisions of any act of Assembly heretofore repealed, such proceedings and hospital may be completed and the said hospital may thereafter be managed and operated in accordance with the provisions of this act.]

Section 73. Section 2130 of the act is amended to read:

Section 2130. Appropriations to Hospitals[, Tuberculosis Sanitaria] , Health Clinics and Homes.--The [board of] commissioners may [appropriate moneys for the] make appropriations to support [of any] a hospital or health clinic or comparable facility, [located within or without the limits of such county] which is engaged in charitable work and extends treatment and medical attention to residents of [such] the county, and may also appropriate moneys for the support of any home or place of detention of dependent, delinquent and neglected children located within the county[, and may also appropriate moneys for the support of any sanitarium for the treatment of persons afflicted with tuberculosis located within the Commonwealth of Pennsylvania, which sanitarium is engaged in charitable work and extends treatment and medical attention to residents of such county].

Section 74. Section 2131 of the act is repealed:

[Section 2131. Appropriation to Society Maintaining Tuberculosis Sanitarium for Indigent.--The board of commissioners may appropriate to any duly incorporated society, chartered to maintain a sanitarium for the treatment therein of persons suffering from tuberculosis, so much money as may be necessary for the maintenance of indigent persons, residents of the county, who may be inmates of such sanitarium and under treatment for tuberculosis. Said appropriation shall not exceed for each indigent inmate the sum of ten dollars ($10) per week, payable every three months at the end of the period. The board of commissioners shall at all times have free access to such sanitarium for inspection of its management and for the ascertainment of the number of indigent persons receiving treatment therein.]

Section 75. Section 2132 of the act is amended to read:

Section 2132. Aid to [Boroughs and Townships] Municipal Corporations for Sewage Purposes.--The [board of county] commissioners may [appropriate moneys from the county treasury] make appropriations to aid [cities of the third class, boroughs, incorporated towns or townships] municipal corporations in the construction or maintenance of sewers or [sewage treatment works] waste water treatment facilities [, where such sewers and treatment works have been first approved by the Sanitary Water Board of the State Department of Health in the manner provided by law] if the project has received all necessary approvals or permits from the Department of Environmental Protection .

Section 76. The act is amended by adding a section to read:

Section 2133. Aid to Municipal Corporations for Water Systems.--The commissioners may make appropriations to aid municipal corporations in the construction or maintenance of public water systems if the project has first received all necessary approvals or permits from the Department of Environmental Protection.

Section 77. Sections 2150, 2151, 2152, 2160, 2162, 2163, 2164 and 2165 of the act are amended to read:

Section 2150. [Secretary of Agriculture to Cooperate;] Elimination and Abatement of Larvae Breeding Places; Liens.--[(a) The Secretary of Agriculture of the Commonwealth is hereby authorized and empowered to cooperate with and assist the county commissioners of any county in the effective carrying out the provisions of this subdivision. He may authorize a deputy to meet with the commissioners as his representative. The necessary expenses actually incurred by the secretary and his deputy, in compliance with this section, shall be allowed and paid by the Commonwealth as a part of the expenses of the Department of Agriculture. He shall furnish the said commissioners with such surveys, maps, information and advice as they may require for the prosecution of their work or as in his opinion will be of advantage in connection therewith.]

(b) The county commissioners of counties of the third through eighth class shall have power to eliminate [all] breeding places of mosquitoes[,] on private or public property[,] within the county [and to do and perform] . The commissioners may provide for all acts, including entry upon private or public property, [and] to carry out all plans which, in their opinion and judgment through consultation with public health or veterinary officials , [may] are deemed to be necessary [or proper] for the preservation of human or animal health by the elimination of breeding places of mosquitoes, or which will tend to exterminate disease-carrying mosquitoes within [said] the county.

(c) Any water, in which mosquito larvae breed, is hereby declared a public nuisance and subject to abatement as such. Whenever any such breeding place exists on any lands in the county, other than meadow or marsh lands subject to the ebb and flow of the tide, which breeding place should, in the opinion of the commissioners, be abated they shall, in writing, order the owner or owners of such lands to abate the same within a reasonable period, and in a manner, to be specified in such order. If, at the expiration of such period, such order has not been complied with, or if the owner or owners of such lands cannot be ascertained or found, the commissioners shall, at once, abate said nuisance and may assess all or part of the cost of such abatement against the lands on which such breeding place exists. They may file municipal liens for said assessments within the time and in the manner provided by law, the same to be subject in all respects to the general law providing for the filing and recovery of municipal liens.

Section 2151. Not to Affect Public Water Supply.--No order of abatement shall authorize, nor shall the county commissioners employ, any method of extermination which shall in [anywise effect] any way affect waters used and useful in the supply of water to the public, whether by a municipality or a water supply company. Man-made pools which allow mosquito propagation are subject to be targeted first, and strategies shall be supported that minimize environmental impact.

Section 2152. Appropriations[; Report to Secretary of Agriculture].--[(a)] The county commissioners may appropriate the amount of money necessary for the purpose of carrying out the provisions of this subdivision. In no year shall the amount, so appropriated, exceed one-fourth of one mill on each dollar of the assessed value of taxable real estate in the county. The sums, so appropriated, or so much thereof as may be required, shall be paid out, from time to time, by the county treasurer on the orders of the county commissioners.

[(b) It shall be the duty of the county commissioners annually, on or before the first day of February of each year, to submit to the Secretary of Agriculture a report setting forth the amount of moneys expended during the previous year, if any, the methods employed, the work accomplished and any other information which in its judgment may be pertinent.]

Section 2160. Definitions.--As used in this subdivision, unless the context otherwise indicates:

"Institution district" means a county institution district managed by the commissioners of the county.

"Dependent" means an indigent person requiring public care, including maintenance, medical care, clothing and incidentals, because of physical or mental [infirmity] health needs or disability .

"Institution" means [an infirmary, poorhouse, almshouse, hospital or sanitarium managed by the commissioners of the county] a hospital, health care clinic or comparable facility .

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

Section 2162. Records.--The commissioners of each county of the fourth, fifth, sixth, seventh and eighth class shall keep records of the work necessitated by this subdivision as prescribed by the Department of [Public Welfare] Human Services , and shall from time to time, make such reports to such department as it shall require.

Section 2163. Powers and Duties.--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall have the power and their duty shall be:

(1) 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, or if a surplus of farm products should exist, the commissioners may sell the surplus pursuant to section 1805 of this act]. Any plan for the erection or substantial alteration of an institution must be approved as to suitability by the Department of [Public Welfare] Human Services .

(2) To pay the necessary expenses of land and buildings for the care of dependents and farms.

Section 2164. Further Powers and Duties.--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall have the power and it shall be their duty, with funds of the county, according to rules, regulations and standards established by the Department of [Public Welfare] Human Services :

(1) To care for any dependent [having a settlement] in the county, who is not otherwise cared for[: Provided, however, That no applicant for public nursing home care under the medical assistance for 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].

(2) To contract with other counties[, any institution district,] or any individual, association, corporation or other entity for the care of any dependent.

(3) 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 to care for any dependent having a settlement in the county, who is deaf and dumb or blind or to help him through employment] persons with disabilities .

(4) To pay the cost or part of the cost [with respect to mental or other patients imposed by law upon county institution districts.] imposed by law upon county institution districts for patients with mental health needs or intellectual disability.

(5) To take any other action authorized by law.

(6) 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 county commissioners, such foster home care is advisable, the county commissioners 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.

(7) 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.

(8) To provide or to contract with any individual, corporation, institution or governmental agency to provide care and services designed to help dependents remain in or return to community living, outside county institutions.

Section 2165. Care of Persons Referred by Department of [Public Welfare] Human Services .--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes shall have power to care for any dependent or other indigent person in the county who is referred to them by the Department of [Public Welfare] Human Services or by a local board under its supervision[, pending the determination of such person's legal settlement].

Section 78. Section 2167 of the act is repealed:

[Section 2167. Treatment of Persons in Danger of Hydrophobia.--The county commissioners of counties of the fourth, fifth, sixth, seventh and eighth classes 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 the disease, and to order payment of the expenses so incurred out of the funds of the county for the care of dependents.]

Section 79. Sections 2168, 2169, 2170, 2172, 2173 and 2174 of the act are amended to read:

Section 2168. Powers and Duties of County Commissioners as to Children.--The county commissioners of any county of the fourth, fifth, sixth, seventh or eighth class 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 homes, prevent neglect, abuse and exploitation, help overcome problems that result in dependency, neglect or delinquency, to provide in foster family homes and child caring institutions adequate substitute care for any child in need of such care and upon the request of the court, to provide such services 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 county commissioners of fourth, fifth, sixth, seventh or eighth class counties other than a hospital or sanitarium.]

Section 2169. Contributions for Medical Care.--The commissioners of each county of the fourth, fifth, sixth, seventh or eighth class shall have the power to make annual appropriations from the funds of the county for the support of any public institution operated, or to any nonprofit corporation organized, to give medical care to the dependents and children of the county [without discrimination as to membership in any organization or as to race or sect].

Section 2170. Inspections by Department of [Public Welfare] Human Services .--The institutions and books, accounts and records of each county pertaining to its powers and duties authorized by this subdivision shall, at all times, be open to the inspection of the Department of [Public Welfare] Human Services and its agents.

Section 2172. Rules and Regulations.--The county commissioners of each county of the fourth, fifth, sixth, seventh and eighth class shall have power to make such rules and regulations, not inconsistent with this act and not inconsistent with the rules and regulations of the Department of [Public Welfare] Human Services , as may be deemed proper, convenient and necessary for the government of its institutions and to properly care for dependents.

Section 2173. Providing Certain Services Without Charge Prohibited.--Notwithstanding any other provisions of law, no county commissioners shall provide without charge any items of care or service which an individual is entitled to receive as assistance under the ["Public Assistance Law,"] act of June 13, 1967 (P.L.31, No.21), known as the "Human Services Code," but this section shall not be construed to preclude county commissioners from [supplementing such public assistance] providing additional forms of assistance not inconsistent with the Human Services Code or the regulations of the Department of Human Services .

Section 2174. Payments by County Commissioners for Assistance.--The county commissioners shall pay monthly to the Department of [Public Welfare] Human Services , as such county commissioners 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 county medical institution, 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] Human Services 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 of such assistance as provided in the ["Public Assistance Law."] act of June 13, 1967 (P.L.31, No.21), known as the "Human Services Code." The Department of [Public Welfare] Human Services shall certify to the county commissioners the amount to be paid by them to the department.

Section 80. Sections 2175, 2176 and 2177 of the act are repealed:

[Section 2175. Settlement.--For the purposes of this subdivision:

(1) A person is first settled in the county of birth unless the child's parents or the custodial parent if the parents do not live together or other legal guardian if neither parent has custody of the child has an established settlement elsewhere, in which case the first settlement of such person is in the county of his or her custodian. If the child resides with both parents and they have different settlements the settlement of the child shall be the same as that of the parent whose settlement coincides with the family residence. If neither parent's settlement coincides with the family residence, the child's settlement shall be in the place of the child's birth.

(3) The settlement of a person in a county 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.

(4) Except as hereinafter otherwise provided, every adult and every emancipated minor, whether married or single, may acquire a new settlement in any county 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 such year.

(6) A minor cannot be emancipated before age sixteen, and becomes emancipated absolutely at age eighteen, if then of sufficient mental ability to make a bargain. After age sixteen and before age eighteen, 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.

(7) A minor 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 eighteen and so long thereafter, as the mental condition continues. The settlement of such a person shall at all times during mental disability be ascertained as provided in clauses (8) and (9) of this section for the settlement of minors not emancipated.

(8) Before emancipation, the settlement of a minor is and remains that of the natural parents or custodial parent, should the natural parents not live together, or of any other legal guardian, or if the parents live together and have different settlements, that of the natural parent whose settlement coincides with the family residence, except that if the parents live together with the child and have different settlements neither of which coincides with the family residence, the settlement of a minor before emancipation shall be and remain in the place of the child's birth.

(10) 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 county where he or she becomes a public charge, which county shall, if he be a dependent, be liable for his or her support, otherwise such liability shall be upon the Commonwealth.

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

Section 2176. Removal to County of Settlement.--In case any person does not have a settlement in the county of the fourth, fifth, sixth, seventh or eighth class wherein he has become, or is likely to become, a dependent, it shall be the duty of the county commissioners to notify the county commissioners of the county of his settlement of the facts. If the county commissioners, so notified, refuse or neglect to receive him or to make arrangements for his proper care and to pay the amount advanced, the county commissioners during 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 county commissioners, 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 county. The court shall proceed to hear and determine the cause upon its merits, and its decree shall be final, unless an appeal therefrom be taken within thirty days.

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 cited county, upon one or more of the county commissioners named therein, or, with the approval of the court, service may be had by sending such copy by registered mail. The service of mailing shall be at least ten days before the day fixed for such hearing. Upon the hearing and argument before the 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. An appeal to an appellate court may be taken by either party from the judgment or decree of the court.

Section 2177. 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 county 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 county 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.]

Section 81. Section 2180 of the act is amended to read:

Section 2180. Attendance at Training Courses and Conferences.--The commissioners of any county may approve attendance at county expense by county health, [welfare] human services or probation personnel at appropriate training courses or at state or national conferences in the health, welfare or correctional fields. [Such expenses may include maintenance fees, if any, and transportation or mileage, if use of personal automobile is authorized.] Each person attending a training course or conference shall submit an itemized account of expenses related to the event according to the provisions of section 446.

Section 82. Sections 2185, 2186, 2187, 2188, 2189, 2190, 2191, 2192, 2193, 2193.1, 2193.2, 2194, 2195, 2195.1, 2195.2, 2196, 2197, 2198, 2199, 2199.1 and 2199.2 are repealed:

[Section 2185. Board of Health Jurisdiction Incompatibility.--Each county of the third class may, by ordinance, create a board of health as herein provided. The jurisdiction of every such board of health shall extend to all parts of the country in which created: Provided, That whenever there is a board of health in any city, borough or township of the county, the rules and regulations of any such board of health shall supersede any rules and regulations of the county board in any particular matter where such rules and regulations are more stringent. The board of health shall have five members appointed by the board of county commissioners, who shall serve without compensation. Except as otherwise herein provided, membership on the board of health shall be incompatible with every other county office.

Section 2186. Qualifications; Term; Removal.--The members of the board of health shall be residents of the county, except in the case of physicians who shall have their main office in the county. At least two members shall be reputable physicians of not less than two years experience in the practice of their profession. Upon the creation of the board, the board of county commissioners shall designate for one appointee a term of one year, for another a term of two years, and so on up to five; thereafter, one member of the board shall be appointed annually to serve for a term of five years from the first Monday of April succeeding his appointment. The board of county commissioners, after due notice and hearing, may remove members of the board for official misconduct or neglect of duty. All vacancies shall be filled for the unexpired term.

Section 2187. Oath of Office; Organization; Secretary.--Each member of the board of health shall take the oath of office prescribed in section 403 of this act. The board shall organize annually at its regular meeting date in January. The board shall elect a president annually from among the members and shall appoint a secretary who is not a board member. The secretary shall take the aforesaid oath and shall give a fidelity bond with corporate surety to the county in such amount as the board of county commissioners requires. The secretary shall receive such salary as the board of county commissioners shall approve.

Section 2188. Duties of Secretary.--The secretary of the board shall perform such duties as shall be assigned to him by the board of health or the health officer.

Section 2189. Health Officer; Qualifications; Oath and Bond.--The board shall appoint as a health officer a person with experience and training in public health work in accordance with rules and regulations of the Advisory Health Board of the State Department of Health, and who shall not enter upon his duties until he has been certified for the office of health officer by the State Department of Health. The health officer shall take the oath required of members of the board, and shall give bond with corporate surety approved by the board of county commissioners to the county for the faithful performance of his duties. The amount of the bond shall be fixed by the board of county commissioners. The health officer shall be the agent of the board of health.

Section 2190. Duties of Health Officer.--It shall be the duty of the health officer to attend all stated and special meetings of the board of health and to be available for the prompt performance of his official duties at all times. He shall quarantine places of communicable diseases in accordance with law and with the rules and regulations of the State Department of Health or of the board of health. He shall execute all laws and rules or regulations for the disinfection of quarantined places. He shall serve written notice on teachers and persons in charge of public, parochial, Sunday and other schools, requiring the exclusion from school of children who are suffering from, or who reside with persons who are suffering from, communicable diseases, and shall make sanitary inspections, and shall execute the orders of the board of health and all other laws, rules and regulations and orders pertaining to his office. He shall, in the performance of his duties, have the power and authority of a peace officer.

Section 2191. Duties of Board of Health.--The board of health shall enforce the health laws of the Commonwealth and the rules and regulations of the State Department of Health pertaining thereto. The board shall enforce those orders of the State Department of Health for which the State Department of Health reimburses the county for its costs pertaining thereto. The board shall undertake to prevent or diminish the introduction or further spread of infectious or contagious diseases, and otherwise to protect and increase the public health by regulating communication with places of infection or contagion, by isolating carriers of infection or contagion or persons who have been exposed to any infectious or contagious disease, by abating or removing all nuisances which the board shall deem prejudicial to the public health, and by enforcing the vaccination laws; and the boards shall make all such rules and regulations as to it appear proper for the preservation or improvement of the public health, consistent with this article and the laws of the Commonwealth. The board shall transmit to the State Department of Health all of its reports and publications and such other information regarding public health in the county as may be requested by the department.

Section 2192. Powers of Board of Health.--The board of health shall have authority:

(1) To employ agents and employes at such rates or salaries as the salary board shall approve.

(2) To establish and staff emergency hospitals, with the consent of the board of county commissioners, in case of the prevalence or threat of any contagious or infectious disease or other serious peril to public health, and to provide for and regulate the management of such hospitals.

(3) To enter upon any premises whatsoever within county as a body or by committee or by its agents or employes, which premises are suspected of infectious or contagious disease or of any other nuisance prejudicial to the public health, or of the danger of them, for the purpose of examining the premises or of preventing, confining or abating public nuisances.

(4) To conduct investigations and to hold public hearings in the performance of its duties and powers, wherein the president and secretary of the board shall have full power to administer oaths and affirmations but shall receive no fee therefor. For such purposes, the board of health may require the attendance of witnesses and their books and papers.

(5) To establish a force of sanitarians for the enforcement of its rules and regulations, wherever in the opinion of the board the public health of the county requires. To fix the number of such police and the duration of their service and to have the exclusive control and direction of them.

(6) To publish and enforce its rules and regulations.

(7) To provide for or cooperate in providing for general and gratuitous vaccination, disinfection and other public health control programs, and likewise to make available medical relief in such ways as in its opinion will benefit the public health.

(8) To certify to the board of county commissioners expenditures in excess of the board of county commissioner's appropriations therefor, necessarily incurred by the board by reason of an epidemic, or upon approval of the board of county commissioners for any other immediate and serious peril to public health. The board of county commissioners shall thereupon appropriate sufficient money to meet such additional expenditures.

(9) To prevent, abate or remove conditions found by it to be detrimental to the public health as public nuisances, or to declare and certify to the board of county commissioners such conditions and the premises or ways or places harboring them to be public nuisances.

(10) To prescribe regulations for the erection or operation of bone boiling establishments or of repositories of dead animals in the county, and in accordance therewith, to permit or refuse to permit such erections or operations within the county. Any person who shall erect or operate any such establishment or repository in the county without the permission of the board of health, or in violation of its regulations pertaining thereto, shall forfeit and pay to the county the sum of three hundred dollars ($300) for every such offense, and the like amount for each months's continuance thereof, to be collected by an action before any alderman or justice of the peace, and shall also be subject to indictment for the common law offense of creating and maintaining a nuisance. Nothing herein shall limit the remedies of injunction or abatement as to any such establishment.

(11) To determine whether or not the keeping or slaughtering of stock animals or fowls in or about any dwelling or part thereof, or in the yard, lot or adjoining property of any such building within the county or parts thereof, is or may become detrimental to the public health. The board of county commissioners may prohibit any such keeping or slaughtering which the board certifies to it as detrimental, or the board may issue permits in accordance with regulations adopted by it for the keeping of such animals or fowls within the county or parts thereof. No such permit shall extend beyond the calendar year within which it was issued, and the fee for each permit shall be fixed by the board of health upon approval of the county commissioners.

(12) To make provisions for the compilation of vital statistics, maternal and child care, health education, control of chronic diseases, or needed laboratory services.

Section 2193. Effect of Rules and Regulations.--The rules and regulations of the board of health shall be subject to prior approval of the board of county commissioners and when printed and advertised by the board of county commissioners as required by this act in section 110, shall have the force of ordinances of the county, and all penalties, fines or imprisonment prescribed therein for violations thereof, together with the expenses necessarily incurred in carrying the rules and regulations into effect and the costs of proceedings incident thereto, shall be recoverable for the use of the county.

Section 2193.1. Prohibition of Political Activity.--No person appointed to any position or employed by a county board of health shall be a member of or delegate or alternate to any political convention, nor shall he participate at any such convention, except in the performance of his official duty or as a visitor, nor shall he serve as a member of any committee of any political party, or take an active part in political management or in political campaigns, or use his office or position to influence political movements or to influence the political action of any officer or employe in the classified service, nor shall he circulate or seek signatures to any nominations or other petition required by any primary or election law, nor shall he seek or accept election, nomination or appointment as an officer of a political club or organization, or serve as a member of a committee of any such club or organization, nor shall he in any manner participate in or interfere with the conduct of any election or the preparation therefor at the polling place or with the election officers while counting the votes or returning the election material to the place provided by law for that purpose, save only for the purpose of making and depositing his own ballot as speedily as it reasonably can be done, nor shall he be within the polling place or within fifty feet thereof, except for the purpose of carrying out official duties and of ordinary travel or residence during the period of time beginning with one hour preceding the opening of the polls for holding such election and ending with the time when the election officers shall have finished counting the votes and have left the polling place for the purpose of depositing the election material in the place provided by law for that purpose, excepting only police officers, who may temporarily approach or enter the polling place in order to make any arrest permitted by law or for the purpose of preserving order and in each case remain only long enough to accomplish the duties aforesaid after which the said officers shall at once withdraw: Provided, however, That the rights of any individual as a citizen are not impaired hereby, and the prerogative to attend meetings, to hear or see any candidate or nominee, nor to express one's individual opinion privately, shall remain inviolate.

Section 2193.2. Prohibition of Assessments.--No person shall orally or by written or printed communication, directly or indirectly, demand, solicit, collect or receive or be in any manner concerned in demanding, soliciting, collecting or receiving any money or valuable thing or any assessment, subscription or contribution, whether voluntary or involuntary, from any officer or employe of a county board of health for any political purpose whatever. No officer or employe of a county board of health shall orally or by written or printed communication, directly or indirectly, demand, solicit, collect or receive or be in any manner concerned in demanding, soliciting, collecting or receiving any money or valuable thing for any political purpose whatever. No person in the service of the county shall remove, suspend, furlough, demote or promote or in any manner change the official status or compensation of any officer or employe of a county board of health or promise or threaten to do so for withholding or neglecting to make any contribution of money or service or other valuable thing for any political purpose. No person shall take part in preparing any political assessment, subscription or contribution with the intent that the same shall be sent or presented to or collected from any officer or employe of a county board of health, and no person shall knowingly send or present, directly or indirectly, in person or by letter, any political assessment, subscription or contribution to, or request its payment by, any officer or employe of a county board of health.

Section 2194. Fees and Penalties.--All fees and penalties collected or received by the board or any officer thereof in his official capacity shall be paid monthly to the county treasurer for the use of the county.

Section 2195. Proceedings of Board to be Public.--The proceedings of the board shall be public and its journal or proceedings shall be opened to the inspection of any taxpayer.

Section 2195.1. Employes of Boards of Health.--The recruiting, selection, tenure, removal and working conditions of all personnel employed by any board of health shall conform to standards of personnel administration formulated by the board of health and reviewed and approved first by the county commissioners and finally by the State Department of Health, except that the State Department of Health shall exercise no authority with respect to the selection, compensation and removal of any individual employed in accordance with such standards, other than the approval of the qualifications of the county health director by the State Secretary of Health.

Section 2195.2. Program Controls.--Should the State Secretary of Health find any of the activities of the board of health to be incompatible with the rules, regulations, or programs of the State Department of Health, he shall so advise the county commissioners and the board of health which shall take steps to remove such incompatibility. Should conditions exist which constitute a menace to the health of the people of the county, the State Secretary of Health may, after giving notice which is reasonable under the particular circumstances, take charge of the county board of health during the existence of such menace of which remedial action has not been taken by the board of health.

Section 2196. Definition.--Any condition or usage whatsoever in or about the buildings, structures or land, or the streets or private ways and places, or elsewhere within the county of the third class, whether public or private, which the board of health shall find to be detrimental to the public health is hereby declared to be a public nuisance. Whenever in this subdivision the words "public nuisance" or "nuisance" are used they shall be deemed to mean a nuisance detrimental to the public health, unless a different meaning is specified. The powers of investigation and entering upon premises vested in the board of health and its agents and employes pursuant to its orders shall be available for the determination of public nuisances.

Section 2197. Procedure for the Abatement of Public Nuisances.--Whenever the board of health shall determine, after such examination, investigation or hearing as shall suffice to inform its judgment, that a public nuisance exists or is about to exist, it may order the nuisance to be removed, abated, suspended, altered, or otherwise prevented or avoided. Notice of such order, bearing the official title of the board and the number of days for compliance therewith and the alternative remedy of the board in case of non-compliance, shall be served upon the person, if any, whom the board deems responsible therefor or concerned therein, and upon the owner or abutting owner of the land, premises or other places whereon such nuisance is or is about to be, if any. In case no such party or parties can be discovered by the board, the order shall be served by posting a copy or copies thereof conspicuously upon the premises for a period of at least ten days.

Section 2198. Contents of Notice.--The notice of the board's order shall clearly specify:

(1) The place and manner of the nuisance or anticipated nuisance as determined by the board;

(2) The nature or condition thereof;

(3) The board's order with respect to the nuisance or anticipated nuisance;

(4) The names of the persons found by the board to be responsible therefor or concerned therewith and the name of the owner, if any, of the land or premises involved;

(5) The date of the board's order and the number of days therefrom allowed for compliance with it;

(6) The alternative remedy of the board in case of non-compliance;

(7) Notice that the persons affected thereby may apply, within the time set for compliance with the order, to the board for a hearing, and may request such stay of execution or modification or rescission of the said order as they shall believe just and proper;

(8) The signature of the president of the board, attested by the secretary.

Section 2199. Hearing; Disposition.--If any person affected thereby shall apply for a hearing within the time provided, the board shall promptly notify all interested parties of the time and place of the hearing. The board shall enter upon its minutes such facts and proofs as it may receive, and its proceedings on such hearing and thereafter may rescind, modify or reaffirm its order and require execution of the original or of a new or modified order, as it shall determine and direct. The persons affected shall be notified of the board's final order, and may appeal therefrom, which appeal may operate as a supersedeas if the court, upon proper cause shown, so orders, and provided the appellants post bond, approved by the court, for the use of the county, with sufficient surety to cover all the expense and cost of executing the board's order.

Section 2199.1. Abatement of Public Nuisances by Board of Health or County.--In any case where the persons ordered by the board of health to abate or prevent a public nuisance or anticipated public nuisance refuse or neglect to do so within the time specified in the original or any subsequent order of the board, then, unless the said order shall have been suspended by appeal to the court and proper bond posted, the board may direct its health officer and employes to execute the said order; or if the execution of the said order requires the grading, paving or repaving of private alleys or any similar work upon any property whatsoever within the county or any other work or service that may best be performed or contracted for by the agencies and employes of the county itself, then the board shall certify its order to the board of county commissioners and the board of county commissioners shall thereupon proceed to cause the execution of the order. In any case where the board of health or the board of county commissioners thus abates or prevents or causes the abatement or prevention of a public nuisance, the cost and expense of such work, services and materials shall be charged to the persons affected in their proper proportions; and upon non-payment of such charges, the county may file a lien therefor upon the affected premises in the name of and for the use of the county, as provided by law for municipal claims, in addition to the other remedies available for the collection of debts due the county. The lien shall attach as of the time the work was commenced, which shall be fixed by the certificate of the health officer or of the county engineer filed with the chief clerk of the county commissioners.

Section 2199.2. Penalties.--Any person violating any provision of this subdivision or any order of the board of health made under the authority of this subdivision, or of any law or ordinance therein referred to or authorized, or who shall obstruct or interfere with any person in the execution of any order of said board, or wilfully and illegally omit to obey any such order, shall upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding one hundred dollars ($100) or undergo imprisonment not exceeding ninety days, or both.]

Section 83. Sections 2199.6, 2199.7 and 2199.8 of the act are amended to read:

Section 2199.6. Expenses.--All expenses incident to the maintenance and operation of any hospital [under the provisions of this subdivision (h)] owned or leased to the county, or otherwise established under section 2199.5, including any lease rentals payable by the county to a municipal authority shall be paid by the county out of county funds.

Section 2199.7. Administration of Hospitals.--Any hospitals owned by or leased to the county [under this subdivision (h)] may be operated by and under the authority of the county commissioners of the county in the same manner that other county buildings and institutions are operated or may be subleased to the governing body of any general hospital within the county for operation by such governing body.

Section 2199.8. Use of Hospital.--Every hospital owned by or leased to the county [under the provisions of this subdivision (h)] shall be used for the benefit of all inhabitants resident within the county in which the hospital is located, and all such persons shall be entitled to occupance, nursing, care, treatment and maintenance according to the rules and regulations prescribed by the county commissioners. The county commissioners may exclude from the use of the hospital any person who willfully violates any rule or regulation adopted for the hospital by said county commissioners. The county commissioners may charge and collect from persons admitted to the hospital or persons legally responsible for their maintenance, reasonable compensation for the care, treatment and maintenance of such persons.

Section 84. Article XXII heading of the act is amended to read:

ARTICLE XXII

AERONAUTICS AND TRANSPORTATION

Section 85. Article XXII of the act is amended by adding a subdivision heading to read:

(a) Aeronautics

Section 86. Sections 2201, 2202, 2203, 2204, 2205, 2206, 2207, 2208 and 2209 of the act are amended to read:

Section 2201. Authority to Establish Airports.--Subject to the provisions of [The Aeronautical Code, any county shall have the right and authority to] 74 Pa.C.S. (relating to transportation), a county may establish, construct and provide for [air navigation facilities] airports in accordance with the provisions of this article. For purposes of this article, the term "airports" shall be defined as provided in 74 Pa.C.S. § 5102 (relating to definitions).

Section 2202. Counties May Hold or Acquire Lands for Aeronautical Purposes.--(a) Any county may use for the purpose of any [air navigation facilities] airport any land within the county and owned by the county when the county commissioners determine such land necessary for such purposes.

(b) Any county may appropriate for the purposes of any [air navigation facilities] airport , any lands purchased by it at any tax sale and not redeemed within the period of redemption, if any, provided by law.

(c) Any county may acquire by gift, lease, purchase or condemnation proceedings, any land lying within its territorial limits or the territorial limits of any adjoining county which, in the judgment of the county commissioners, may be necessary and desirable for the purpose of establishing and maintaining [air navigation facilities] airports or of enlarging them, but no such land shall be so acquired in any adjoining county without the assent of the county commissioners thereof.

Section 2203. Condemnation Proceedings; Title.-- (a) The proceedings for the condemnation of lands under the provisions of this article and for the assessment of damages for property taken, injured or destroyed shall be conducted in the same manner as now provided by law for the condemnation of land or buildings for county purposes in the county in which the land is situated.

(b) The title acquired by virtue or any such condemnation [shall] may be a title in fee simple or any lesser estate, including an easement for aviation or any other purpose .

Section 2204. [Leases for Aeronautical Purposes] Agreements for Airport Facilities .--Any county acquiring land for any [aeronautical] airport purposes may [lease the same or part thereof for an] enter into agreements in the form of a lease, permit, license, concession or otherwise, for the use of all or a part of the land, for adequate consideration, after due public notice to any [individual or corporation] person desiring to use the same for the purposes of taking off or landing an airplane, or for other [aeronautical] aviation purposes, or for any nonaviation purpose, on such terms and subject to such conditions and regulations as may be provided. In counties of the second class A, agreements for nonaviation purposes shall be for terms of less than fifty years and shall only involve land designated in the county's airport master plan as not needed for airport purposes within the term of the lease. Any [such] county may enter into a contract in the form of a lease providing for the use of [said] airport land or any part thereof by the Government of the United States for air mail delivery or other [aeronautical] aviation purposes upon nominal rental or without consideration.

Section 2205. Joint Operation; Leasing.--Any county acquiring land for any [aviation] airport purpose may operate and maintain such [air navigation] facilities jointly with any [city, county, borough, town or township] municipal corporation or other political subdivision, upon such terms and conditions as may be agreed upon between the authorities thereof and the county commissioners [of the county], and such joint facilities may be operated and leased, as hereinbefore provided, upon the joint action of the authorities involved and the county commissioners.

Section 2206. Engineering and Construction; Appropriations.--Any county acquiring any land for any [aeronautical] airport purposes may, by resolution of the board of commissioners, appropriate such funds as are necessary for the engineering design, surveys and construction of such facilities, either wholly by themselves or in cooperation with State, Federal or other public agencies supplying a portion of the necessary funds for said work.

Section 2207. Contracts for Construction and Repairs.--In establishing, maintaining and operating [air navigation] airport facilities where construction and repair of roadways, runways, buildings and facilities, or the purchase thereof, are deemed necessary within or for use within the limits of land acquired for such purpose, there shall be no necessity for submission thereof to [the court of quarter sessions] any court or grand jury of any county, but contracts therefor shall be entered into as provided for [the general business of the county] in Article XVIII , and in the case of joint establishment, operation and maintenance with any other political subdivision, contracts relating thereto shall be entered into as provided for the general business of any of such participating political subdivisions.

Section 2208. Validation of Contracts.--Any contracts [heretofore entered into] executed prior to July 28, 1953, in the case of counties of the second class A, and August 9, 1955, for counties of the third through eighth class, for construction and repair of roadways, runways, buildings and facilities or the purchase thereof within or for use within the limits of land acquired for the establishment and operation of airdromes or landing fields, without first having obtained the approval of the court of quarter sessions or grand jury of any county and entered into as provided for the general business of the county or other political subdivisions jointly interested, are hereby ratified, confirmed, approved and declared lawful contracts.

Section 2209. Appropriating Money to Assist Political Subdivisions and Municipality Authorities for Airports in Certain Counties .--The county commissioners of any county may appropriate moneys to assist any [city, borough, town, township] municipal corporation or other political subdivision, or municipality airport authority, within such county or within any adjacent county to acquire, establish, operate and maintain any and all [air navigation] airport facilities.

Section 87. The act is amended by adding a section to read:

Section 2209.1. Issuance of Revenue Bonds for Airport Facilities in Certain Counties.--(a) In addition to present methods of financing the same, the county commissioners of counties of the second class A may issue revenue bonds, pursuant to provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), to provide sufficient money for and toward the acquisition, construction, reconstruction, extension or improvement of airport facilities, including, but not limited to, airports, terminals, hangars, parking areas and all other facilities either necessary thereto or appropriate therefor, with said bonds to be secured solely by the pledge of the whole or part of the fees, rents, tolls or charges derived from the ownership or operation of the facilities or for the use or service of the same.

(b) Airport facilities financed by the issuance of revenue bonds as provided under this section may be leased by the county, in whole or in part, to a lessee or lessees for a period of years equal in time to the period of maturity of the bonds so issued.

(c) Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.

(d) Nothing in this section shall be construed as modifying or restricting the power of any county of the third through eighth class to incur debt for the acquisition, construction, reconstruction, extension or improvement of airport facilities, including, but not limited to, airports, terminals, hangars, parking areas and all other facilities either necessary thereto or appropriate therefor, to the extent such power exists on the effective date of this subsection.

Section 88. Article XXII of the act is amended by adding a subdivision to read:

(b) Second Class A County Transit

and Traffic Commission

Section 2250. Creation of county transit and traffic commission.

(a) Establishment.--The commissioners of a county of the second class A may establish a county transit and traffic commission under this subdivision.

(b) Existing commission.--A county transit and traffic commission existing on the effective date of this section may continue to exist under this subdivision.

(c) Composition.--The county transit and traffic commission shall be composed of nine members in accordance with the following:

(1) Each of the nine members shall be residents of the county in accordance with the following:

(i) Not more than four of the members shall be residents of cities in the county.

(ii) Not more than two of the members shall be regular employees of a publicly financed body.

(2) Members shall be individuals experienced in at least one of the following:

(i) Engineering.

(ii) Commerce.

(iii) Finance.

(iv) Law.

(v) Transportation.

(vi) Traffic matters.

(3) Each member shall be appointed by the county commissioners.

(4) If there is an existing board on the effective date of this section which has duties substantially similar to those of the commission established under this section, new members shall be appointed upon the expiration of the terms of the existing members.

(d) Terms, quorums and vacancies.--

(1) Each member shall serve for a term of six years.

(2) Five members shall constitute a quorum.

(3) An appointment to fill a vacancy shall be only for the unexpired term of the vacancy.

(e) Organization.--The commission members may make rules and regulations for the commission's organization and procedure consistent with the resolutions of the county commissioners and the laws of this Commonwealth.

(f) Compensation and expenses.--

(1) Members shall serve without compensation.

(2) The county commissioners may provide for the following expenses, at the county commissioners' discretion, by resolution and appropriation:

(i) Employment of a technical staff or other individuals as necessary.

(ii) Necessary expenses of the commission.

Section 2251. Duties of county transit and traffic commission.

(a) Duties.--The duties of the county transit and traffic commission shall be:

(1) To investigate transit, traffic and parking conditions in the county, including the volume and characteristics of the movement of public carriers, such as street railways, trains, buses and other motor vehicles, throughout the county, with a view of determining advisable means for obtaining adequate, rapid and safe transportation.

(2) To consider fully the coordination of existing transportation services.

(3) To investigate and study safety measures for persons and vehicles on highways, streets and thoroughfares in the county.

(4) To advise with officials of political subdivisions in the county about the transit, traffic and parking problems.

(b) Report.--All minutes, reports and recommendations made by the commission shall be a matter of public record. Periodically, but not less than once a year, the commission shall file with the county commissioners a report, which shall include the results of investigations made by the commission and any recommendations the commission may have to offer.

(c) Referral to commission.--The county commissioners shall refer any plan, proposal or resolution affecting public transportation and the safety of the public on public transportation facilities and on highways, bridges and tunnels in the county to the county transit and traffic commission for consideration and recommendation. The county transit and traffic commission shall report to the county commissioners on the plan, proposal or resolution within a reasonable period of time.

(d) County planning commission.--

(1) In lieu of the creation of a county transit and traffic commission in the county where a county planning commission has been established, the county commissioners may, by resolution, confer and impose on the county planning commission the additional powers and duties of serving as the county transit and traffic commission, with all the powers and duties conferred by this subdivision upon the county transit and traffic commission. Upon the passage of such resolution by the county commissioners, the terms of office of the existing county transit and traffic commissioners shall terminate, and they shall deliver all books, papers, records, furnishings and supplies pertaining to their office to the county planning commission.

(2) The passage of the resolution by the county commissioners under paragraph (1) shall not impair nor affect any act done, or right accruing, accrued or acquired, or liability, duty or obligation incurred, prior to the time the resolution takes effect.

Section 89. Sections 2301, 2301.1, 2302 and 2302.1 of the act are amended to read:

Section 2301. Title to Real Estate Vested in County.--The title to all [court houses, jails, prisons and workhouses, together with the lots of land thereunto belonging or appertaining, and all other] real property acquired [or that may hereafter be acquired] by or for the use of the county, shall be vested in the county for the use of the people thereof and for no other use , except as hereinafter provided.

Section 2301.1. Days and Hours of [Court House] Courthouse and Offices.--The [county] commissioners shall determine when the county [court house] courthouse and all county offices located elsewhere shall be open.

Section 2302. Exemption from Taxation and Attachment.--[All] Except as provided under section 2306(a.1) or other law, all property of the county, real or personal, shall be exempt from taxation and from levy and sale by virtue of execution or of any other process.

Section 2302.1. Payments in Lieu of Taxes.--Where real property of the county is not presently being used for the purposes for which it was acquired, [(as in the case of long-range acquisition programs for parks, dams and the like),] the county may make payments in lieu of taxes for such property to [local governments] political subdivisions in which the property is located.

Section 90. Section 2303 of the act is repealed:

[Section 2303. Insuring Buildings and Contents.--The county commissioners may provide insurance against fire and extended coverage, against public liability and such other forms of insurance, including insurance against burglary, as shall seem proper to them for county lands, buildings and farms and the contents, real and personal, thereof.]

Section 91. Sections 2304, 2305, 2305.1, 2306 and 2306.1 of the act are amended to read:

Section 2304. Credit of County Available for Grounds and Buildings.--In the acquisition, construction or alteration[, as the case may be,] of land and buildings for county purposes, the commissioners may issue bonds [of the county to meet the costs thereof, except as any other system of financing shall be expressly provided by law for any particular county buildings.] as provided by law.

Section 2305. Acquiring and Using Real Property; Exceptions.--(a) The [county] commissioners may acquire real property by purchase for not more than the fair market value, [take by] gift, devise or [by the power of] eminent domain[, in accordance with the provisions of this act,] . The commissioners may acquire, improve and maintain such real property at the county seat or in such other places as they deem necessary for the purposes of a county courthouse, [county jail, prison, workhouse, detention house or other county building, or in the alteration, including enlargement, of an existing county building.] prison and such other facilities necessary for county purposes. The fair market value of real property in the case of a purchase valued in excess of ten thousand dollars ($10,000) shall be determined by the [county] commissioners in consultation with two of the following: the county assessor, licensed real estate brokers, or licensed real estate appraisers doing business within the county.

(b) The [county] commissioners may also use any real property at the county seat or elsewhere, as authorized by law, owned by the county, and deemed suitable by them for the purposes aforesaid, except such property as is bound by contract to another public use.

(c) The [county] commissioners may provide for the grading, filling, draining, gardening and otherwise improving and maintaining of all lands for county buildings, either by contract or by county employes, as they deem proper.

(d) To the extent that any of the matters provided for herein are otherwise specifically provided for by law, with regard to any particular acquisitions of real property by counties, either by tax sales or by other purchases, this section shall not apply to such matters.

Section 2305.1. Acquiring and Developing Industrial Areas.-- (a) The [county] commissioners may purchase, take by gift or devise real property within the county including Federal surplus real property, for the purpose of developing the same for industrial use under a local, regional or county plan and to expend funds to bring utilities within such county industrial area and to develop such area for industrial sites. [The land so purchased may be developed as stated and may be sold only to a local industrial development corporation.]

(b) A county may sell, or lease for a term not to exceed ninety-nine years, to any industrial development organization, with or without consideration, any lands, easements or rights in land, together with any improvements, buildings or structures therein or thereon now owned by the county or hereafter acquired by it for the purpose of establishing or enlarging any commercial, industrial or manufacturing enterprise or research and development center within the county. In addition, the following shall apply:

(1) The industrial development organization shall be designated in the manner provided by Chapter 23 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act."

(2) The county may make with such industrial development organization any and all agreements for the industrial development of such lands, easements or rights in lands.

(3) Any instrument of sale, lease or other agreement made pursuant to this subsection may contain provisions regulating the uses of lands, buildings and structures for trade, industry, manufacture, research, residence, recreation, water supply, public activities or other purposes.

Section 2306. Authority to Sell or Lease Real Property.--(a) The [board of] commissioners may sell any estate in real property for not less than the fair market value [or lease, either as lessor or lessee, any real property belonging to the county or to others where the county is lessee]. If the commissioners know or have reason to believe that the property to be sold contains oil, gas, coal, stone, timber or other mineral or forest products of commercial value, such knowledge or belief shall be advertised together with the description of the land in at least [two newspapers, in said county, of general circulation, once a week for three consecutive weeks. The] one newspaper of general circulation in the county. In the case that the fair market value of the real property [in the case of a sale valued] is estimated to be in excess of ten thousand dollars ($10,000) , the fair market value shall be determined by the [county] commissioners in consultation with two of the following: the county assessor, certified broker-appraisers or certified real estate appraisers doing business within the county.

(a.1) The commissioners may lease any estate in real property owned by the county or such real property for which the county is the lessee. In the case of any lease of county property hereunder, such property, with any and all improvements or additions thereon or thereto, shall, in the hands of the lessee, be subject to taxation by such county and any other political subdivision therein, in the same manner as other real estate located in the county. Such taxes shall be levied and assessed against and paid by the lessee. [This section shall not apply to leases or sales of county property or other property which are otherwise specifically provided for by law.]

(b) The provisions of subsection (a) shall not be mandatory where county real property is to be sold to any of the following:

(1) A [city, borough, town, township, institution district, school district] political subdivision , volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the county.

(2) A municipal authority pursuant to [the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945."] 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

(3) A nonprofit corporation or limited partnership in which a nonprofit corporation is a general partner and managing agent engaged in community industrial, commercial or affordable housing development or reuse for its exclusive use for industrial, commercial or affordable housing development. This exemption shall not apply to property owned and operated by a county or subcontracted or operated on the behalf of a county in order to conduct existing government functions.

(4) A person for [his] the exclusive use of the property in an industrial development program.

(5) A nonprofit corporation organized as a public library for its exclusive use as a library.

(6) A nonprofit medical service corporation for its exclusive use as a site for a medical service facility.

(7) A nonprofit housing corporation [for its exclusive use for housing for the elderly or for low-income housing].

(8) The Federal Government.

(9) The Commonwealth.

(10) An authority pursuant to the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law."

(11) A redevelopment authority pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law."

(12) A public utility.

(13) A nonprofit organization providing community service or development activities.

(14) A nonprofit corporation established for the preservation of historical, architectural or aesthetic sites or artifacts.

(15) A nonprofit association or nonprofit corporation organized to acquire and maintain real property for the preservation, conservation and stewardship of open space.

(16) A council of government, consortium, cooperative or other similar entity created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

When the real property is to be sold or leased to a qualified entity under this subsection, the [board of] commissioners may elect to accept such nominal consideration for such sale as [it shall deem] the commissioners deem appropriate. Real property sold pursuant to this subsection to any entity under this subsection, other than a city, borough, town, township, institution district, school district, municipal authority pursuant to [the "Municipality Authorities Act of 1945,"] 53 Pa.C.S. Ch. 56 located within the county, the Federal Government or the Commonwealth shall be subject to the condition that when the property is not used for the purposes of the entity the property shall revert to the county.

(c) This section shall not apply to leases or sales of county property or other property which are otherwise specifically provided for by law.

(d) The commissioners shall provide for the transfer of any interest in real property under this section by deed, or by written lease, under the seal of the county, as applicable.

Section 2306.1. Authority to Sell Certain Real Property and Personal Property as a Single Unit.--Notwithstanding any other provisions of law, whenever the [county] commissioners [of a county] determine that the continued ownership and operation of an institution for the care of dependents is economically unfeasible, the [county] commissioners may sell the real property belonging to the county and being used for such purposes, together with all of the contents of personal property used in connection with and incidental to the operation of the institution, as a single unit. Any such sale of real property and personal property as a single unit shall be deemed a sale of real property only and need only comply with the provisions of this act relating to the sale of real property.

Section 92. Sections 2307, 2308, 2309 and 2310 of the act are repealed:

[Section 2307. Conveyance and Lease of Real Estate.--The board of commissioners shall make and acknowledge a deed or lease of any real estate belonging to the county, which they are authorized to sell or lease, under their hands and seals as commissioners with the seal of the county attached and the same shall be a good and lawful conveyance in fee simple or lease.

Section 2308. Conveyances to General State Authority.--Any county may grant, assign and convey to the General State Authority, with or without consideration, any lands, easements or rights in lands, together with any improvements, buildings or structures therein or thereon, now owned by such county or hereafter acquired by it, needed or convenient as a site for a county court house, or may lease to the Authority for a term, not exceeding ninety-nine years, at a nominal or such other rental as may be determined, any or all such lands, easements or rights in lands, together with any improvements, structures or buildings therein or thereon.

Section 2309. Leasing from General State Authority.--Any county may enter into contracts with the General State Authority to lease as lessee from the Authority, any county court house or any improvement thereto and the furnishings and equipment thereof constructed by the Authority, for a term not exceeding thirty years, at such rental or rentals as may be determined by the Authority. Upon the completion of such county court house or improvements and the furnishings and equipment thereof, the county may lease the same as lessee from the Authority for a term not exceeding thirty years, at such rental or rentals as may be determined by the Authority.

Section 2310. Acquisition of Lands for Conveyance to General State Authority.--Any county may acquire lands or interests in lands by purchase, gift or condemnation which may be required to carry out the purposes of the two sections immediately preceding.]

Section 93. Sections 2311, 2315, 2316, 2317, 2319, 2325 and 2326 of the act are amended to read:

Section 2311. Disposing of County Property for Other Uses; Demolition.--[Whenever any new county building is constructed to replace a county building no longer suitable for the purposes of its use, or whenever the county has or acquires, incident to purchase at tax sale or to any other acquisition of land authorized by law, any building, title and interest to which is in the county, and any such replaced or acquired building is deemed no longer suitable or not suitable for use as a county building or for use as an auxiliary to any county building, the county commissioners may devote said replaced or acquired building to such other public use or purpose as shall be found suitable and proper, including a war memorial. They may convey all or a part of the title and interest of the county in such building, with or without the land or a part of the land upon which it is situate, either by sale or by gift, to any public or charitable institutions or to any political subdivisions singly, in common, or jointly, within the county.

The county commissioners may remove any such building from one location to another within the county, for the purpose of enabling its use as a county building by virtue of its relocation. The commissioners may cause any such building to be demolished and removed from land of the county, if of no use to the county.] (a) Whenever the commissioners find that an existing county building is no longer suitable for its original purpose, or where the county has acquired or received an interest in real property which the commissioners find is not suitable for the use of the county, the commissioners may do any of the following:

(1) Devote the real property to another public purpose.

(2) Convey by sale or gift the real property to a public or charitable institution.

(3) Convey by sale or gift the real property to a political subdivision within the county.

(4) Demolish or relocate the building.

(b) For the purposes of this section, the commissioners may convey, on behalf of the county, any interest in real property to one or more parties authorized by this section in single or concurrent ownership.

(c) Notwithstanding the provisions of Article XVIII, the county may convey personal property together with an interest in real property for the purposes of this section.

(d) Nothing in this section shall supersede the procedures or limitations on the disposition of county property imposed by law.

Section 2315. Authority and Procedure for Acquiring, Constructing or Altering County Buildings[; Exceptions].--(a) The [county] commissioners may purchase or take by gift any building at the county seat or elsewhere as authorized by law deemed suitable and proper by them for use as a county building.

(b) The [county] commissioners may provide[, in accordance with this section,] for the construction or alteration, including enlargement of [a county court house, county jail, prison, workhouse, detention house and such other county buildings, as may be required or authorized by law. Such construction or alteration shall be done at the county seat or elsewhere as authorized by law.] any county building. Whenever the [county] commissioners undertake any such construction or alteration, they shall cause to be prepared plans and specifications therefor. The [county] commissioners [may secure bids for the contract or contracts involved in the construction or alteration in accordance with this act. Any such contract or contracts shall be made as provided by this act.

(c) Except where another procedure is provided by law with regard to such construction or alteration of any particular county building, the provisions of this section shall be followed for all such purposes.] shall secure bids and provide for the formation of contracts necessary for the construction or alteration according to the provisions of this act.

Section 2316. Right to Build on Public Squares.--Whenever the [court house, jail] courthouse or other building of the county is located upon a public square or common in the city, borough or town then being the county seat, and a new building is authorized and required to be erected, in place of such [court house, jail] courthouse or other building, the [board of county] commissioners may erect such new building upon any other of the public squares or commons of said city, borough or town, or upon any part thereof.

Section 2317. Separate Bids for Plumbing, Heating, Ventilating, Air Conditioning, Electrical Work, Elevators and [Moving Stairs.--] Escalators.--(a) In the preparation of specifications for the erection, construction and alteration of any public building, when the entire cost of such work shall exceed the base amount [of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1801(b.1)] established under the provisions of section 1801 , the architect, engineer or other person preparing such specifications shall prepare [only] the following separate specifications: (1) plumbing, (2) heating, [(3) ventilating, (4) electrical work, (5) elevators and moving stairs, and (6)] ventilating and air conditioning, (3) electrical work, (4) elevators and escalators, and (5) one complete set of specifications for all [the other work to be done in such erection, construction and alteration. The board of] work not otherwise specified. The commissioners shall receive separate bids upon each of the said branches of work and award the contract for the same to the lowest responsible bidder for each of said branches, including the balance of the work [in addition to the plumbing, heating, ventilating and electrical work, and elevators and moving stairs. Where it is desired to install an air conditioning unit, the heating and ventilating so involved may be regarded as one branch of work having only one set of specifications, and bids may be received and a contract awarded thereon, as hereinbefore provided.] not otherwise specified.

(b) Notwithstanding the separate specification provisions of subsection (a), an authority organized under the act of August 23, 1967 (P.L.251, No.102), known as the "Economic Development Financing Law," which is engaged to erect, construct or alter a public purpose facility for a county of the second class A may elect to use an alternative contracting procedure as follows:

(1) The authority may, in its sole discretion, elect to use an alternative contracting procedure for a project involving selected public purpose facilities. If the authority elects to utilize an alternative contracting procedure, its board shall adopt a resolution that the use of an alternative contracting procedure is the most efficient, economical and timely method to proceed with a project. Upon adoption of a resolution, the authority shall request written proposals from proposers for a project involving selected public purpose facilities under an alternative contracting method. In its request for proposals, the authority shall include such terms, conditions and requirements which it deems necessary to protect the authority and the interests of the public.

(2) In reviewing and evaluating the proposals for a project involving selected public purpose facilities, the authority shall, in addition to compliance with the terms, conditions and requirements set forth in the request for proposals, consider the following criteria:

(i) The cost of the project.

(ii) Experience of the proposer.

(iii) Adherence to the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act."

(iv) Adherence to prevailing wage laws and other work force standards.

(v) Commitment to enter into voluntary contracts with disadvantaged business enterprises. After due consideration of proposals under the criteria described in this paragraph, the authority may, in its discretion, upon recommendation of its designee or project end user, select a proposal and award a contract to a responsible proposer under an alternative contracting procedure. The award of a contract for the project need not be awarded to the lowest priced proposer.

(3) Any contract awarded under this subsection shall be exempt from the act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act, or from any subsequent enactment or reenactment of substantially similar separate bid specification requirements.

(4) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Alternative contracting procedure" shall mean a procedure under which a proposer would be responsible for all aspects or phases necessary to achieve the development of a parcel of property. Such aspects or phases of development may include, but not necessarily be limited to, the planning, design, finance, construction and management of property.

"Design/build contract" shall mean a construction contract in which the contractor is responsible for both the design and construction of any public structure, building or other public improvement of any kind to any public real property.

"Project" or "project involving a selected public purpose facility" shall mean the demolition, modification and construction of a building or group of buildings with related facilities formerly owned by a county and previously used as a jail or office facility.

"Project end user" shall mean the governmental body or entity that will use the selected public purpose facility under a contract or lease with the authority.

"Proposer" shall mean a firm, organization or company or a combination of firms, organizations or companies acting as a partnership, joint venture, consortium or similar joint relationship with sufficient knowledge, expertise and experience in design/build contracts.

Section 2319. Compliance with Workers' Compensation Law.--(a) All contracts executed by the [board of] commissioners, which [shall] involve the construction or doing of any work involving the employment of labor, shall contain a provision that the contractor shall accept, in so far as the work covered by any such contract is concerned, the provisions of the [Workers' Compensation Act and any reenactments, supplements or amendments thereto,] act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act," and that the [said] contractor will insure his liability thereunder or file with the [board of] commissioners a certificate of exemption from insurance from the Department of Labor and Industry of the Commonwealth.

(b) The [board of] commissioners, before signing on behalf of the county any contract requiring in its performance the employment of labor, shall require proof that the said contractor with whom the contract is made shall have accepted the Workers' Compensation Act and any reenactments, supplements or amendments thereto, and proof that the [said contractor has insured his liability thereunder in accordance with the terms of said act or that the contractor has had issued to him a certificate of exemption from insurance from the Department of Labor and Industry.] contractor has complied with the provisions of subsection (a).

(c) Any contract executed in violation of the provisions of this section shall be null and void.

Section 2325. Buildings and Grounds to be Kept in Order and Repair.--[The board of] Except as otherwise provided by law, the commissioners shall keep and maintain the public buildings of the county in suitable and convenient order and repair and shall keep the grounds about county buildings in proper condition and appearance. [The provisions of this subdivision shall not apply to particular county buildings which are otherwise expressly provided for by law.]

Section 2326. [Watchman and Employes.--The board of] Security and Grounds Employees.--(a) The commissioners may appoint one or more security officers [or watchmen] to guard and protect the county buildings and to enforce the provisions of this act and other [laws relating thereto. Such officers or watchmen] related laws. The officers shall have power to arrest on view any person violating the same.

[The board of commissioners shall employ all janitors, firemen, engineers, mechanics, laborers and caretakers of all county buildings and grounds.]

(b) The commissioners may employ such persons as may be necessary to provide for maintenance and repair of all county buildings and grounds.

Section 94. Section 2329 of the act is repealed:

[Section 2329. Disorderly Conduct in and About Court Houses and Jails Prohibited.--It is unlawful for any person to cause any outcry or disorder, or be guilty of any indecent or unbecoming conduct tending to disturb the peace and good order in the county court house, jail, or other county buildings, or to willfully or carelessly defile, deface or injure the floors, walls or any other portion of said buildings, or fences, or railings surrounding the same, or the carpets, furniture, or other articles or things used in or about said buildings, belonging to the county. Any person violating any of the provisions of this section commits a summary offense and shall make restitution for damages arising therefrom.]

Section 95. Sections 2337 and 2339 of the act are amended to read:

Section 2337. Room or Building for Juvenile Offenders Waiting Trial.--The [board of] commissioners of each county of the third through eighth class shall provide, furnish and heat, within the county, a separate room or rooms, or a suitable building, to be used exclusively for the confinement of any and all [children under the age of sixteen years,] alleged or adjudicated delinquent children or dependent children as defined in 42 Pa.C.S. § 6302 (relating to definitions) who may be in custody awaiting trial or hearing in the courts of the county, and provide for the maintenance and care of such children while in custody.

Section 2339. Furnishing Rooms for Meetings of Veterans [of Certain Wars] and Other Organizations.--The [Board of Commissioners] commissioners may, in their discretion, upon application therefor, furnish [to each organization composed of veterans of any foreign war, sons of veterans and to ladies' auxiliaries of each such organization and to the American Gold Star Mothers, Inc., a room or rooms in any public building of such county, sufficient for the meeting of each of such organizations at least once each month.] meeting accommodations to any veterans, veterans auxiliary or other civic organization.

Section 96. Article XXIII of the act is amended by adding a subdivision to read:

(e.1) Special Provisions for Temporary County Buildings

and for Rooms in County Buildings in Counties of the

Second Class A

Section 2339.1. Scope of subdivision.

This subdivision shall apply to counties of the second class A.

Section 2339.2. Room or building for juvenile offenders waiting trial.

The commissioners shall provide, furnish and heat within the county a separate room or rooms or a suitable building to be used exclusively for the confinement of alleged or adjudicated delinquent children or dependent children as defined in 42 Pa.C.S. § 6302 (relating to definitions) who are in custody awaiting trial or hearing in the courts of the county and provide for the maintenance and care of the children while in custody.

Section 2339.3. Management of houses for detention of juveniles and appointment of board and ex officio members.

The management of houses for the detention and reception of juveniles awaiting trial, hearing or judicial investigation under the laws of this Commonwealth shall be in a board of managers consisting of three county commissioners, the county controller and six private citizens, three to be appointed by the president judge of the court of common pleas and three to be appointed by the chairperson of the board of county commissioners. The commissioners and the controller may appoint persons to act as their designees for the purpose of attending meetings of the board, and the designees shall have the right to vote at the meetings. The private citizen members of the board shall not be officers or employees of the county. The members of the board or boards of managers existing in the county shall remain as members of the board or boards of managers created in this subdivision until the expiration of the terms to which they were respectively appointed. Annually thereafter, the members or their successors shall be appointed for a term of three years. Vacancies occurring in the membership of the board shall be filled for the unexpired term by the chairperson of the board of county commissioners or the president judge of the court of common pleas, depending upon who originally appointed the board member. The members of the board shall serve without compensation.

Section 2339.4. Appointment and compensation of employees.

The board of managers may appoint a superintendent and additional staff members as may be necessary, whose salaries shall be paid by the county. The number and compensation of the employees shall be fixed by the salary board of the county.

Section 2339.5. Annual report and expenses.

The board of managers shall annually report to the county commissioners, on or before the first day of November, the amount of money required for the maintenance of the house or houses of detention. The county commissioners shall make an annual appropriation to the board of managers for the payment of the expenses of administering the house or houses of detention. Expenses incurred in the performance of duties by the board of managers shall be itemized and presented with vouchers to the county commissioners for payment, and a semiannual expense report shall be made to the county commissioners. All expenses in connection with the management and administration of the house of detention shall be paid by the county in the manner provided by law for the payment of county obligations.

Section 2339.6. Appropriation and bond issues.

The county commissioners shall have power and authority, for the purpose of housing juveniles, to appropriate money from the public funds or to issue bonds in the manner provided by law for the purchase of lands or erecting, constructing and equipping a building or buildings.

Section 97. Sections 2345, 2346, subdivision (g) heading of Article XXIII and sections 2350, 2355 and 2356 of the act are amended to read:

Section 2345. Joining with Municipalities in Improving Certain Streets and Highways.--(a) The [board of] commissioners [of counties now erecting or which may hereafter erect public buildings in any municipality] may join with the [proper authorities of such municipality] governing body of a municipal corporation in the grading, regrading, paving, repaving and improvement of so much of the streets and highways as are in, upon or alongside of the grounds [upon which said public buildings stand] of a county building .

(b) The commissioners may enter into contract with [any such municipalities for the payment of a just proportion of the expense of said] a municipality to pay a fair proportion of the expense of grading, regrading, paving, repaving and improvement of said streets and highways, and may appropriate from the county treasury sufficient funds for this purpose. They may act with any committee or committees [which may be] appointed by [such] municipalities to establish grades, determine the kind and quality of paving materials to be used, and ratify the contracts entered into by said municipalities in the course of said improvements.

(c) [No obligation shall rest upon the county for any proportion of the expenses of such improvements until the selection of grades and paving materials and the acceptance of bids by said municipalities shall have been ratified by the board of commissioners.] The selection of grades, paving materials and proportion of expenses to be paid by the county shall be specified by any contract formulated under this section.

Section 2346. Ornamental Illumination.--(a) [Whenever the court house, jail, workhouse or other public building of a county abuts upon the street of a city or borough which is the county seat and which shall provide for the ornamental illumination of that section of the street whereon the county building abuts, the county commissioners of such county may appropriate moneys from the county funds towards the installation of such ornamental illumination.] The commissioners may appropriate funds to support the installation, maintenance or repair of ornamental illumination of any section of a street that abuts the courthouse or other county building in the county seat.

(b) The appropriation by the county commissioners of a county for such purpose shall not exceed the amount that shall be assessed for such ornamental illumination upon owners of an equivalent frontage of property abutting upon said street, measured by the foot front rule.

(g) [Comfort Stations] Public Accommodations

Section 2350. Appropriations for [Comfort Stations] Public Accommodations. --(a) The [board of county] commissioners may appropriate [moneys] money to assist any municipality to construct and maintain [comfort stations within the boundaries of the county] public restrooms and related facilities .

(b) The [county commissioners, in cooperation with the municipal authorities of the municipality wherein the court house lies,] commissioners may provide, [and] or cooperate with a municipality or municipal authority, to equip and maintain in the [court house] courthouse rest or waiting rooms for the public[, and provide attendants therefor. The cost of providing such rooms and of maintaining the same, including salaries, and all incidental expenses, shall be paid by the county and by the municipality, as they shall agree, for all which purposes the county commissioners and said authorities may, respectively, appropriate moneys].

(c) Any part of any ground acquired by any county for the purposes of a [court house, jail or workhouse] courthouse or other county building or facility may be leased by such county to any municipality being the county seat of such county, for the purpose of the construction thereon of a public comfort station by such municipality.

Section 2355. Monuments [and] , Memorials and Memorial Halls to War Veterans.--The [board of] commissioners may appropriate money for, and provide for, the erection of monuments [or] , memorials or memorial halls , commemorating or honoring the services of any person who has served in the armed forces of the United States or in any [women's] auxiliary organization officially connected [therewith during any part of any war in which the United States has been or may hereafter be engaged.] with a division of the armed forces of the United States.

Section 2356. Assistance to Private or Municipal Agencies.--The [board of] commissioners may[, in order to prevent duplication,] appropriate money to assist any individual, private corporation[, city, borough, town or township,] or municipal corporation in the erection of any monument [or memorial for said soldiers, sailors and marines] , memorial or memorial hall authorized under section 2355 .

Section 98. Sections 2357 and 2358 of the act are repealed:

[Section 2357. Erection or Completion of Monuments and Memorials on Petition to Court.--Upon the petition of at least fifty citizens of the county, to the court of quarter sessions, for the erection or completion and maintenance at the county seat of a memorial, monument, or memorial hall in honor of the soldiers, sailors or marines of such county who served in any war in which the United States has been or may hereafter be engaged, the court may lay the same before the grand jury. If approved by two successive grand juries and the court, and, in the case of a memorial hall by the electors of the county, the board of commissioners may erect such memorial, monument, or memorial hall, or complete any of them partly erected but not completed, and maintain at the county seat a suitable monument or memorial in honor of said soldiers, sailors and marines.

Section 2358. Election on Memorial Hall Purchase or Condemnation of Site.--(a) When the petition provided for in the preceding section has been approved by two successive grand juries and the court of quarter sessions, the board of commissioners shall submit the question of the erection of a memorial hall to the electors of the county, at the next election, and, if a majority of the votes cast on the question of the erection of a memorial hall shall be in favor of the same, the board of commissioners shall erect, at the county seat, a memorial hall and, acquire, by purchase, donation, or by condemnation, under the right of eminent domain the necessary site and erect and maintain thereon a suitable and proper memorial hall or building, in memory of the soldiers, sailors and marines of any such wars.

(b) In case said election shall result adversely, and a second petition shall be presented, the same shall be laid before two successive grand juries, and, if approved, then, it shall be the duty of the county commissioners to again in like manner submit the question to vote, at the next general or municipal election, and, if the result shall be favorable, then it shall be the duty of the county commissioners to erect such hall, at such place in the county as shall have been designated upon the ballot or ballot label in the question submitted to the electors.

(c) All proceedings for the condemnation of any property under the provisions of this section shall be in the manner and subject to the restrictions and procedure provided in this act.]

Section 99. Sections 2359, 2360 and 2361 of the act are amended to read:

Section 2359. Existing Building May Be Used.--[If any such site has a hall or building already erected thereon,] The commissioners may acquire by any lawful means, any real property which can be altered and improved so as to be made suitable for [such] a memorial hall[, the board of commissioners may acquire such site, in the manner aforesaid, for the purpose of a memorial hall].

Section 2360. Donations.--For the purpose of aiding in [paying the purchase money and price for the site,] the acquisition of real property and erection and construction of [such] a memorial hall, voluntary donations and contributions may be accepted by the [board of] commissioners from individuals, associations and organizations.

Section 2361. Maintenance of Hall.--[Such] Any county memorial hall shall be and remain the property of and shall be maintained at the expense of the county.

Section 100. Section 2362 of the act is repealed:

[Section 2362. Plan of Hall; Special Rooms to be Provided.--(a) Such memorial hall shall be in honor of the soldiers, sailors and marines from said county, who served in the Army and Navy of the United States in any war in which the United States has been or may hereafter be engaged. Such memorial halls shall each contain one large assembly room, or auditorium for public meetings of the soldiers, sailors and marines of such county, which may be used also for other public meetings and patriotic gatherings by the consent of the board of control herein provided for.

(b) Such memorial hall shall also contain rooms for meetings of organizations of veterans of all wars in which the United States has or may be engaged, and also rooms for meetings of ladies' auxiliaries of posts, encampments, camps and organizations for which rooms for meetings may be contained in the memorial hall, and also rooms for such committees of public defense and welfare as may be created by the Commonwealth, or as may be approved by the board of control hereinafter provided for.

(c) Such memorial halls shall also provide room for the display and preservation of relics and trophies of all wars in which the United States has been or may be engaged, photographs, paintings and portraits, busts and statues of the soldiers, sailors and marines of the said counties, and mural tablets upon which shall be inscribed the names of such soldiers, sailors and marines. Such memorial halls shall also contain waiting and rest rooms with lavatories attached.]

Section 101. Sections 2363, 2364, 2365, 2366, 2367, 2368, 2369 and 2374 of the act are amended to read:

Section 2363. Board of Control.--[(a) A board of control is hereby created, which shall have charge of all matters relating to such memorial hall and shall have the care thereof. The board shall be composed of one member chosen by members of the Veterans of Foreign Wars, one member chosen by members of the American Legion, one member chosen by the American War Veterans of World War II (AMVETS), one member chosen by the Italian American War Veterans of the United States, Incorporated, one member chosen by the Disabled American Veterans, and one member chosen by the Military Order of the Purple Heart. The judges of the court of common pleas and the board of commissioners shall be ex-officio members of the board of control. The selected members of the board shall serve one year, when their successors shall be selected. Vacancies occurring shall be filled by the board for the unexpired term of the member whose death, resignation or removal caused the vacancy.

(b) This section shall not apply to any county in which there has been created by existing law a similar board of control, and any references to the board of control in this subdivision shall be inapplicable in so far as they are inconsistent with the provisions of such law.] (a) In any county where the commissioners have established a memorial hall, the commissioners shall establish a board of control of the memorial hall and shall establish the powers and duties of that board to provide for the operation and maintenance of the memorial hall. The commissioners shall provide for the members of the board of control to be selected by the veterans organizations which operate in, and have been recognized by, the county.

(b) Any board of control established prior to the effective date of this section shall persist according to the provisions of law that applied at the time that the board was established until such time as the commissioners take an action under subsection (a).

Section 2364. Flagstaff to be Erected; Display of Flag.--A [suitable] flagstaff shall be erected upon [said] any county memorial hall, from which [shall be displayed] the flag of the United States shall be displayed from sunrise to sunset on each and every day of the year.

Section 2365. Acquisition of Additional Land; Equipment, Furnishings, Etc.--In any county in which there [has been or may hereafter be erected] is a memorial hall in honor of the soldiers, sailors or marines from such county, [who served in any war in which the United States has been or may be hereafter engaged, upon petition of at least fifty citizens to the court of quarter sessions, setting forth that it is necessary or desirable to] the commissioners may acquire additional land adjoining [that upon which said] the memorial hall [is erected,] to enhance and preserve the beauty and character of [said] the memorial hall[, and the object had in its erection, or that it is necessary or desirable to] or equip, furnish, decorate and make additions to [said] the memorial hall, or both . [, the court shall lay said petition before the grand jury then or next sitting for their approval. If said petition shall be approved by said grand jury, it shall be certified back to the court. If no exceptions thereto are filed within ten days from the date upon which said petition was certified back to the court, or if exceptions are filed and are dismissed, the court shall confirm said petition absolutely, and thereupon the court may make an order authorizing the board of commissioners to acquire, by purchase, gift or condemnation, such additional land, or to equip, furnish, decorate and make additions to said memorial hall, or both.]

Section 2366. Tax Levy; Increase or Indebtedness.--The [board of] commissioners may provide the funds with which to pay for the ground purchased or condemned, and the erection thereon of a memorial hall, or the acquiring of additional land, or for the enlarging, equipping, furnishing and decorating of said memorial hall, by the levying and collecting of a tax upon the taxable persons and property within said county, and by increasing the indebtedness of said county according to [law and by issuing and selling bonds] the provisions of 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) .

Section 2367. Preservation, Maintenance, Repair and Completion of Public Monuments.--The [board of] commissioners may preserve, maintain and repair any public monument or memorial hall in the county, other than in cemeteries, including the enclosed public ground surrounding the monument, and appropriate moneys for such purposes. In any case where any public monument referred to in this section has been partially completed, either in construction or payment, the [board of] commissioners may appropriate money for the purpose of such completion.

Section 2368. Acquiring of Property.--[(a)] Counties shall have power to [take, by gift, purchase, by the issuance of bonds or otherwise, or acquire through condemnation proceedings, property] acquire property according to the provisions of this article for the purpose of erecting [thereon] public auditoriums, public libraries, public memorial buildings and monuments.

[All proceedings for the condemnation of any property, under the provisions of this section, shall be in the manner and subject to the restrictions and procedure provided by law.

(b) Counties may appropriate money from the public funds or by issuance of bonds for the erection on said property taken, purchased or acquired through condemnation proceedings, public auditoriums, public libraries, public memorial buildings and monuments. They may appropriate moneys for the operation and maintenance of such public auditoriums, public libraries, memorial buildings and monuments.]

Section 2369. Rental of Auditoriums.--[Counties, in case of public auditoriums, may charge a rental for the use of said auditoriums. All moneys] Any revenue derived from rental of [said] a public auditorium shall first be devoted to the maintenance of [said] the auditorium, and any remaining annual balance accruing therefrom shall be [turned over to the county funds for the general uses and purposes of said] deposited in the general fund of the county.

Section 2374. Donations to Orphans' or Childrens' Homes.--The [board of] commissioners may receive[, from time to time, donations, gifts, legacies, endowments, devises, and conveyance or conveyances of property,] real or personal property , that may be given or granted to the county by any lawful means for the use and purpose of providing a home within the county for the keeping and care of indigent orphans and children dependent upon the public of such county for support.

Section 102. Sections 2378, 2379, 2380, 2381, 2382, 2383, 2384 and 2385 of the act are repealed:

[Section 2378. Contagious Disease Hospitals or Units.--(a) Whenever in the opinion of the board of commissioners of any county or the boards of commissioners of two or more counties, a hospital for the care and treatment of contagious diseases appears to be necessary or advisable, the board of commissioners of the county or the boards of commissioners of two or more counties jointly may, either erect, construct, equip and maintain such a hospital on the grounds of the county institution district of any of the counties adjoining, or may purchase a suitable site for such purpose in some other locality.

(b) In lieu of erecting and constructing a separate contagious disease hospital, the board of commissioners of a county or the boards of commissioners of two or more counties jointly may enter into an agreement with a general non-sectarian nonprofit hospital or hospitals within the county or within any of such counties or any adjoining county, and may appropriate county moneys to such hospital or hospitals for the erection, construction and equipment of a building or wing or unit for the care, isolation and treatment of contagious disease cases. In any such contagious disease hospital, or building, wing or unit, provisions shall be made for the care and treatment of indigent persons and of persons who are able to pay for their care and treatment in whole or in part.

(c) The county commissioners may in like manner join in establishing, maintaining, equipping and operating a contagious disease hospital with any municipality within the county.

Section 2379. Plans and Specifications; Approval; Construction.--Plans and specifications for any county or joint county hospital, or building, wing or unit at a general hospital, shall be prepared by the board or boards of commissioners or at their instance, or by the general hospital with which an agreement has been made, as the case may be, which plans and specifications must be submitted to the Secretary of Health of the Commonwealth. The cost of the preparation of such plans shall be paid by the county or counties so joining. Upon the approval of said plans and specifications by the Secretary of Health of the Commonwealth, any county or joint county contagious disease hospital may be constructed and equipped in the same manner that any other county buildings are constructed and equipped, and in the case of a building, wing or unit at a general hospital, the same shall be constructed and equipped by the authorities in charge of the general hospital as may be provided in the agreement with the county or counties joining. In either event, the expense and cost of such erection, construction and equipment, and the cost of the site, if any, shall be paid by the board or boards of commissioners out of county funds.

Section 2380. County Agreements for Joint Contagious Disease Hospitals, Buildings, Wings and Units.--Whenever the county commissioners of two or more counties or the county commissioners and the corporate authorities of any municipalities within the county decide that a hospital or a building, wing or unit at a general hospital for the care and treatment of contagious diseases is necessary, they shall enter into an agreement for such purposes and therein provide how and in what proportions each county shall bear the expenses incident to the construction, operation and maintenance of the joint hospital, building, wing or unit for contagious diseases.

Section 2381. County Hospital for Tuberculosis.--Whenever a number of citizens residents of a county, equal to the number of votes cast at the last municipal election, shall petition the county commissioners for the establishment of a county hospital for the treatment of persons afflicted with tuberculosis, the county commissioners shall, at the next municipal election, submit to the voters of the county the question whether or not the county shall establish such a hospital. Such question shall be submitted, and the vote on such question shall be counted, returned and computed in the manner prescribed by the Pennsylvania Election Code.

Section 2382. Power to Acquire Site.--If a majority of the electors voting upon such question at such election shall vote in favor of the establishment of such a hospital, the county commissioners shall acquire a site for such hospital, either by purchase, gift or condemnation. In case such site shall be acquired by condemnation, the procedure for the assessment of damages for the property taken shall be as prescribed by law.

Section 2383. Site and Plans Approval.--If a majority of the electors voting upon such question at such election shall be in favor of the establishment of the hospital, the county commissioners shall, after consultation with the advisory board created by the provisions of this act, select a site for such hospital and shall have plans and specifications prepared for such hospital, but no such hospital shall be erected until such plans and specifications, and the site therefor, have been first approved by the Secretary of Health.

Section 2384. Construction and Equipment.--Any such hospital shall be constructed by contract or contracts let by the county commissioners to the lowest responsible and best bidder, in accordance with the provisions of this act, and when so constructed, the hospital shall be equipped by the county commissioners at the cost of the county in the same manner as other county buildings are equipped.

Section 2385. Increase of Indebtedness.--The county commissioners of every county establishing a hospital for tuberculosis, as provided for in this act, may incur or increase the indebtedness of the county, in accordance with the Municipal Borrowing Law, to an amount sufficient to pay the cost of acquiring a site and of erecting, constructing and equipping the said hospital. The county commissioners shall levy an annual tax in an amount necessary to pay interest and sinking fund charges upon such bonds.]

Section 103. Section 2390 of the act is amended to read:

Section 2390. Authority to Provide; Approval.--The county commissioners of each county may buy or lease land and construct and maintain thereon, at the expense of the county, a morgue for the reception [and care of the bodies of all unclaimed deceased persons upon whom it may be necessary to hold a coroner's inquest and such other bodies as the coroner of the county may, by written order, direct to be received therein. The location of such morgue shall be determined by the county commissioners, subject to the approval of the coroner of the county.] of all deceased persons under the care and custody of the coroner.

Section 104. Sections 2391, 2392, 2393 and 2396 of the act are repealed:

[Section 2391. Rules and Regulations; Employes.--The coroner of each county having a morgue shall make general rules and regulations for its government and control, and shall appoint suitable persons not exceeding three in number to have charge of the same. The number and salary of such employes shall be fixed by the salary board.

Section 2392. Ambulance.--The county commissioners may purchase and maintain an ambulance or other proper vehicle for the removal of bodies to and from said morgue, and for the burial of unknown, unclaimed bodies, and the costs thereof shall be paid from the funds of the county.

Section 2393. Private Morgues.--Where no county morgue is maintained, the coroner may remove bodies coming within his jurisdiction to a private morgue within the county, the cost thereof to be paid from the funds of the county according to rates established by the salary board thereof.

Section 2396. Land and Buildings for Garbage and Refuse Disposal.--Any county may acquire by gift, lease, purchase by current revenues, borrowing or incurring indebtedness, or eminent domain, real property within said county for the purpose of erecting thereon garbage and refuse disposal facilities, and shall have power to erect and maintain suitable buildings for such facilities and for incinerating furnaces to be operated by the county, as provided in Article XIX of this act. In every case of taking private property by eminent domain, the county shall acquire the entire title, either in fee or otherwise, held by the owner or owners of the property or of any interest therein.]

Section 104.1. The definition of "county" in sections 2399.3 and 2399.53 of the act are amended to read:

Section 2399.3. Definitions.--The following words and phrases when used in this subdivision shall have the meanings given to them in this section unless the context clearly indicates otherwise or unless there is a specific definition in another section:

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"County" shall mean a county of the third class[.] or a county which was a county of the third class at the time the county took action to create an authority under this subdivision.

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Section 2399.53. Definitions.--The following words and phrases when used in this subdivision shall have the meanings given to them in this section unless the context clearly indicates otherwise or unless there is a specific definition in another section:

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"County" shall mean a county of the third class[.] or a county which was a county of the third class at the time the county took action to create an authority under this subdivision.

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Section 105. Article XXIV of the act is repealed:

[ARTICLE XXIV

EMINENT DOMAIN AND INJURY TO PROPERTY

Section 2401. Eminent Domain; County May Enter Upon Land; Etc.--In all cases where the power of eminent domain is conferred upon the county by law, the county may enter upon, appropriate, take, injure or destroy private lands, property or material.

Section 2402. Certain Property Not to be Taken by Eminent Domain.--The power conferred by this article shall not be exercised to enter upon, appropriate, take, injure or destroy any church property, graveyard or cemetery, and the right-of-way of a railroad company shall not be acquired or occupied without the consent of the company owning or operating or in possession of said railroad.

Section 2403. Right to Entry to Make Preliminary Surveys.--For the purpose of making all necessary preliminary surveys in order to prepare plans and estimates, the board of commissioners and the persons by them employed for such purposes may enter upon private or public property and designate, by proper marks upon the ground, the line of any improvement proposed to be made and constructed under and for the purposes herein authorized.

Section 2404. Right of Damages.--The right to damages against counties is hereby given to all owners or tenants of lands, property or material appropriated, injured or destroyed by the county in cases where the right of eminent domain has been exercised, and to all owners or tenants of lands, property or material abutting on or through which pass roads or highways injured by the laying out, opening, widening, vacating, extending or grading of such roads or highways or the changing of the grades or lines thereof, the construction and the vacation of bridges, piers and abutments and approaches therefor, and the construction of sewers over, upon or through such lands or property.

Section 2405. Agreement of Damages.--The county commissioners may agree with the owner as to the amount of damages occasioned to any person for property taken, injured or destroyed. Such damages shall be payable by the county out of the general county fund or other funds provided for that purpose.

Section 2406. County to Furnish Bond When Immediate Possession Is Desired; Notice.--(a) Whenever the board of commissioners or the board of commissioners in conjunction and acting with the corporate authorities of any city, borough, town or township have selected any land, property or material to be appropriated, injured or destroyed by the right of eminent domain and desire immediate possession thereof, and are unable to agree with the owner or owners upon the amount of damages due them for such appropriation, injury or destruction, or by reason of the absence or legal incapacity of such owner or owners no such agreement can be made, they shall tender a bond to the said owner or owners, or to the attorney or agent of any absent owner, or to the guardian or committee of any one under legal incapacity, in sufficient sum to secure him or them for damages. Upon acceptance of said bond by the owner or owners of said land, property or material, the county shall have the right to immediate possession thereof.

(b) In case there is no acceptance of said bond by the owner or owners, the board of commissioners, after written notice thereof has first been given to said owner or owners, his or their agent, attorney, guardian or committee, shall file the same in the court of common pleas or with any judge thereof, and upon approval thereof by said court or judge, the county shall have the right to immediate possession of said land, property and material.

Section 2407. Writ of Habere Facias Possessionem to Issue.--If the owner, lessee or occupier shall refuse to remove his personal property therefrom or give up possession thereof, the petitioner in the proceedings may serve written notice upon such owner, lessee or his agent or the occupier to remove his personal property therefrom and give up possession of said lands, property or materials within thirty days from the date of the service of said notice.

If the owner, lessee or occupier of said lands, property or material shall refuse or neglect to remove his personal property therefrom and give possession thereof, upon proof of the service of such notice being filed in the office of the prothonotary for the county in which said lands, buildings or other property is located, a writ of habere facias possessionem shall forthwith issue, directing the sheriff to give to the party entitled thereto possession, as is provided by existing laws.

Section 2408. Appointment of Viewers.--(a) In case the board of commissioners or a majority of them and the parties interested in the land, property or material appropriated, injured or destroyed by the county fail to agree upon the compensation to be made for the land, property or material so taken, injured or destroyed, upon petition of such commissioners or a majority of them or any person or parties interested and whose land, property or material is affected thereby to the court of common pleas of said county, the said court shall appoint three viewers from the county board of viewers, and appoint a time, not less than twenty nor more than thirty days thereafter, when said viewers shall meet and view the land, property or material to be so appropriated, injured or destroyed.

(b) The said viewers shall give at least ten days' notice, by publication in one newspaper of general circulation in the county once and in accord with the provisions of section one hundred ten of this act, of the time and place of their first meeting, and shall also give notice thereof by handbills posted in conspicuous places in the vicinity of the said proposed public improvement.

(c) All the viewers shall act unless prevented by sickness or other unavoidable cause, but a majority of the viewers may hear, determine, pass upon and report all matters relating to the view for which they were appointed.

Section 2409. Time of Appointment of Viewers; Cost.--(a) The viewers provided for in the preceding section may be appointed either before or at any time within six years after the entry upon, taking, appropriating or injuring of said land, property or material.

(b) The cost of said viewers and all court costs incurred, including all advertising and notices in connection therewith, shall be paid by the county, except that when the right of eminent domain has been exercised by the county acting with the corporate authorities of any city, borough, town or township, then all costs shall be borne equally by the county and city, borough, town or township.

Section 2410. Petition for Appointment of Viewers to Specify Liens on Property.--In all proceedings hereafter instituted for the condemnation and appropriation of land and property by eminent domain, the petition for the appointment of viewers shall contain allegations specifying any judgments, mortgages or other claims (hereinafter designated "liens") which are liens upon the land and property sought to be appropriated or condemned as aforesaid.

Section 2411. Testimony and Evidence Concerning Liens.--Testimony shall be taken in said proceedings to ascertain the amounts of said liens and the dates of the entry of the same, and the amounts of said liens and the dates of entry thereof shall be found as facts by the viewers in said proceedings. Certified lists of liens from the courts of the Commonwealth and the United States shall be prima facie evidence of the existence, dates, amounts, dates of entry and places of record of said liens, and unless modified or overcome by oral or documentary evidence, shall be conclusive upon the parties thereto.

Section 2412. Procedure; Rights and Liabilities Where Liens Exist.--When it appears that liens exist which are liens upon property sought to be condemned and appropriated, a report of the facts found shall be made to the court. Such report shall be subject to exceptions in manner to be regulated by the Supreme Court by general rule. When the court has finally determined the findings in relation to the liens, the court shall make an order directing the payment and distribution of the amount found to be payable as compensation to the parties entitled thereto, first to the owners of said liens, then to the owners of the property appropriated as aforesaid. The parties interested shall have the right of appeal from said order of distribution to the Superior and Supreme Courts. Payment in accordance with the order of distribution, evidenced by a receipt of record in the proceedings, shall absolutely discharge the party making the payment from all liens by any person, copartnership, association or corporation as against said property. In such receipt and on the record thereof, any claimant may reserve the right to proceed against any other property or assets of the owner of the property condemned for any balance due upon his lien.

Section 2413. Proceedings by and Before Viewers.--The said viewers, having been duly sworn or affirmed faithfully, justly and impartially to decide and true report to make concerning all matters and things to be submitted to them and in relation to which they are authorized to inquire and having viewed the premises and examined the land, property or material to be appropriated, injured or destroyed, shall hear all parties interested and their witnesses, and, having a due regard to and making just allowance for the advantages which may have resulted or which may seem likely to result to the owner or owners of said lands or materials in consequence of the proposed improvement, shall estimate, determine and assess the damages for the land, property or material taken, injured or destroyed, and to whom the same is payable, and the benefits, if any, in connection therewith. Having so estimated, determined and assessed the damages and benefits, they shall prepare a schedule thereof, and give notice to all parties to whom damages are allowed or against whom benefits are assessed of a time, not less than ten days thereafter, and of a place, where said viewers shall meet and exhibit said schedule and hear all exceptions thereto and evidence.

Section 2414. Notice of Meeting.--Notice of the time and place of said meeting shall be given in the manner provided by law for the service of summons in a personal action upon all parties allowed damages and against whom benefits have been assessed, as shown by said schedule, if the said parties can be found in the county, or upon an adult person, if any, residing upon the property affected in case the owner or reputed owner cannot be found, and to all others by publication in the newspaper or newspapers in which the first notices of said view were published. When no service is made upon the owner, reputed owner or upon an adult person residing upon the property affected, said notice, where publication thereof has also been made, shall be deemed to have been properly served if tacked or conspicuously posted on the premises. The court may provide by whom the notice provided by this act shall be posted, given and served, and fix the compensation for said service.

Section 2415. Plans of Properties Condemned to be Furnished to Viewers.--In all proceedings to assess damages for the taking, injury or destruction of private property for public use, the county taking, injuring or destroying property for said purpose shall furnish the board of viewers with a correct plan of all properties affected, showing all buildings or other structures thereon, their width, length, elevation and cubical contents, names of all owners, tenants or occupiers thereof, the topography of the land and the grades and widths of all highways running through or abutting on said properties, and all other data necessary for a proper determination of the amount of damages caused by the taking, injury or destruction of said private property.

Said plans shall be prepared and ready for the use of the viewers at their first meeting, and copies thereof shall be furnished to all owners, tenants and occupiers of the property and all other parties affected thereby without charge.

Section 2416. Report to Court.--After making whatever changes are deemed necessary, the said viewers shall make report to the court showing all the damages allowed and benefits assessed in each case, and file therewith a plan showing the improvement and the land, properties and materials taken, injured or destroyed. When said report is filed, notice thereof shall be given by publication once in the newspaper or newspapers in which first notices of said view were published. Said notice shall state the date of filing of the report and shall contain a schedule of the damages and benefits shown therein, and shall further state that, unless exceptions thereto are filed within thirty days from the date of filing, the said report will be confirmed absolutely.

Section 2417. Certain Testimony Authorized.--In all proceedings arising from the exercise of the right of eminent domain, it shall be competent for all witnesses called, when duly qualified.

(1) To state in detail and costs all the elements of the property before the exercise of the right of eminent domain and as unaffected by it and its market value immediately after the exercise of the right of eminent domain and as affected thereby.

(2) To state in detail and costs all the elements of benefit or damage which they have taken into consideration in arriving at their opinion.

(3) In arriving at their opinion as to the market value immediately after the exercise of the right of eminent domain, to add to their opinion of the market value before such exercise the cost or value of all the elements of benefit or advantage and to deduct therefrom all disadvantages or damage in order to arrive at the market value after such exercise of the right of eminent domain and as affected thereby.

(4) In all proceedings to assess damages or benefits for the opening of any road or highway, to take into consideration as one of the elements of advantage or disadvantage the cost of highway improvements.

Section 2418. Value of Property.--In all claims for damages against a county arising from the exercise of the right of eminent domain, it shall be competent for the party or parties claiming damages to offer in evidence the value of the property affected as assessed for the purpose of taxation.

Section 2419. Unlawful Assessments.--In all cases of appropriation of land for public use, other than for roads or highways, it shall be unlawful to assess any portion of the damage done to or value of the land so appropriated against the other property adjoining or in the vicinity of the land so appropriated.

Section 2420. Vacation of Road When No Property is Taken.--Whenever viewers are appointed to vacate any road or highway and the vacation of the same takes no land from the owner abutting thereon, if, in the opinion of the viewers, such vacation damages the property of the abutting owner, they may award damages to such owner as though land has been actually taken.

Section 2421. Procedure When Building is on Line of Proposed Road.--Whenever in locating, relocating, opening, widening, straightening or extending any road or highway or parts thereof the same shall be found to pass through, take or injure buildings, barns or other valuable improvements thereon, the said viewers or a majority of them shall have the right to recommend that such buildings and improvements, situate in part or in whole on the road or highway so to be improved, opened, widened, straightened or extended, shall be permitted to remain thereon for such time as shall be deemed wise and proper, and if the court shall approve the finding and report of said viewers or a majority of them, the owner or owners of such buildings or improvements may continue to use and enjoy the same during the time so fixed and determined. In case of the destruction, vacation or abandonment of any such building within the time they are so authorized to remain, such owners or owner shall not have the right to re-erect and reconstruct or retake such buildings or improvements within the line of such road or highway.

Section 2422. Time Limit for Report of Viewers.--Viewers appointed to assess the damages and benefits due to the appropriation, injury or destruction of land, property and materials shall make their reports within a time which the court shall fix when so appointing them. If the viewers so appointed shall, for any reason appearing sufficient to the court, be unable to file their report within the period so fixed, the court may, either before or after the expiration of the time fixed, extend the time for the filing of such report.

Section 2425. Payment of Damages and Costs; Interest on Awards.--All damages agreed upon or awarded and all costs and expenses incurred shall be paid by the county, except in cases where an appeal is taken by any party in interest from the award of the viewers and the appellant does not recover any greater amount than the viewers award, in which case the appellant shall pay all costs of such appeal.

The amount of damages allowed in a report of viewers for the taking, injury or destruction of property by the exercise of the right of eminent domain shall, as finally confirmed, bear interest at the rate of six per cent per annum from the date of the final decree.

Section 2426. Collection of Awards.--Upon the final confirmation of the report of the viewers, the party or parties to whom an award has been made shall have the right to take such further appropriate legal proceedings as may be necessary and proper to enforce payment of said confirmed award, either in nature of a writ of mandamus, execution or otherwise.

Section 2427. Title to Vest upon Payment of Award.--(a) Upon payment of the compensation for land or property in accordance with the order of distribution, title to such land or property shall vest in the county in accordance with provisions of the law under which the appropriation is made, and all claims for compensation shall be deemed paid and satisfied.

(b) In counties of the third and fourth classes upon payment of the compensation for land or property in accordance with the order of distribution or upon the filing of a bond by such county of the third or fourth class in an amount which shall be fixed by the court having jurisdiction, which amount shall not be less than the amount fixed by the viewers as the value of the land or property, title to such land or property shall vest in the respective third or fourth class county in accordance with provisions of the law under which the appropriation is made, and all claims for compensation shall be deemed paid and satisfied, except where title vests by virtue of a bond having been filed, seventy-five per centum of the amount of damages as fixed by the viewers as the value of the land or property shall be paid to the owner within six months after the date of the filing of the bond and the balance due shall be determined by judicial proceedings and promptly paid thereafter.

Section 2428. Money to be Paid Into Court in Case of Adverse Claims.--(a) If any person or persons shall claim adversely to each other any estate or interest in the land, property or materials selected by the board of commissioners to be appropriated, injured or destroyed for the purposes mentioned in this act, and the viewers shall not be able to determine who are the owner or owners of said land, property or materials, or the value of their estates and interests therein, they shall so report, valuing the land, property or materials as a whole, and upon the confirmation by the court of the report of said viewers, if no appeal shall be taken therefrom, the commissioners of the county shall pay into the court the whole of the said valuation money; thereupon, the title of the land, property or material and the estates and interests of all the owners thereof shall become vested in fee in the county acquiring and taking said land, property or materials.

(b) The court of common pleas shall, by rule, process or motion, require all said claimants to appear therein and may, by an issue framed between them to be tried by a jury or by a reference to a master or by such orders and decisions as shall appear to be just under all the circumstances of the case, determine the estates and interest of said claimants in said valuation money. Upon the final determination of such proceeding, the court shall direct said valuation money to be paid to the person or persons ascertained to be entitled thereto.

Section 2429. Appeals by Adverse Claimants.--(a) In case any of said claimants shall appeal from the award of said viewers, the county commissioners, upon filing in the court and having approved thereby a bond in double amount of said award to the said owners and claimants for the benefit of the persons owning said land, property or materials, with at least two sufficient sureties conditioned for the payment by the county of such an amount as the owner or owners shall be entitled to receive for said ground when the same shall have been finally ascertained by due course of law, may lawfully enter upon and take possession of said land, property or materials.

(b) The said court shall thereupon proceed to determine the estates and interest of said claimants in said land, property or material, as is hereinbefore provided when the valuation money is paid into court. Said proceeding shall be finally determined before the issue framed upon the said appeal shall be tried, and if it be determined that the party appellant has no estate or interest in said land, property or materials, his appeal shall be disallowed.

Section 2430. Payment into Court When Award is Refused or When Parties Cannot be Found.--Any amount of money awarded, as herein provided, if refused by the person or persons entitled thereto, or if the person or persons entitled thereto cannot be found, shall be paid into court, and thereafter all such persons shall look to said fund for all damages accruing by reason of the appropriation, injury or destruction of such land, property or material.

Section 2431. Notice to Vacate; Ejectment.--In case any land or property selected by the board of commissioners or by the board of commissioners in conjunction and acting with the corporate authorities of any city, borough, town or township to be appropriated, injured or destroyed, and said land or property has improvements thereon in the actual occupancy of any person or persons, and such person has had his, her or their damages assessed and paid, thirty days' notice to vacate the same shall be given to the party or parties so in actual possession. In case of refusal or neglect on the part of any one to obey said notice, the board of commissioners may, at the expiration of said thirty days, be entitled to a writ of habere facias possessionem or may enter upon and eject or cause to be ejected any of the parties so refusing or neglecting to vacate, and use force enough by themselves, agents or employes to accomplish the same.

Section 2432. Appropriations of Right of Way or Easement.--In any action brought to ascertain or recover damages caused to any owner of lands by reason of the appropriation of a right of way or easement in such lands by any county, where such owner of lands and such county cannot agree upon the amount of damages payable to such owner, the parties may by agreement waive the right to have such damages assessed by viewers. Such owner may thereupon file his statement and claim in the court of common pleas and rule the defendant to plead thereto within twenty days from notice of such rule duly served upon said county, and the said suit shall be proceeded with the same as if an award of viewers had been filed and an appeal had been taken therefrom.

Either party to such action shall have the right during the trial to demand and have the jury which may be selected to try said cause visit and view the premises over or through which the right of way or easement extends before rendering a verdict in such case.

Section 2433. Discontinuance of Proceedings by County.--In case the county shall discontinue any proceedings taken providing for the appropriation, injury or destruction of any land, property or materials prior to the entry upon, taking or appropriation thereof and before judgment therein, the said county shall not thereafter be liable to pay any damages which have been or might have been allowed, but all costs upon any such proceedings had thereon shall be paid by the county, together with any actual damages, loss or injury sustained by reason of such proceeding, and the amount of the same may be determined and fixed by the court in which such proceeding was pending.]

Section 106. The act is amended by adding an article to read:

ARTICLE XXIV-A

EMINENT DOMAIN AND INJURY TO PROPERTY

Section 2401-A. Exercise of eminent domain.

A county may enter upon, appropriate, injure or destroy private lands, property or material, or lands previously granted or dedicated to public use that are no longer used for the purpose for which the lands were granted, according to the proceedings set forth in 26 Pa.C.S. (relating to eminent domain), for any purpose conferred upon the county by law.

Section 2402-A. Restrictions as to certain property.

(a) Prohibition.--Except as provided in subsection (b), no land or property used for a cemetery, burying ground or place of public worship may be taken or appropriated by virtue of a power contained in this article.

(b) Exception for certain counties.--The prohibition in subsection (a) shall not apply in the case of a county of the second class A where the land or property is taken or appropriated according to the provisions of the act of May 12, 1887 (P.L.96, No.47), entitled "A supplement to an act, entitled 'An act supplementary to an act relative to burial grounds and cemeteries situated in incorporated boroughs,' approved the nineteenth day of May, one thousand eight hundred and seventy-four, changing the title of said act, and authorizing the court to make orders and decrees required by the act, and to enforce the same by process, approved the thirteenth day of May, eighteen hundred and seventy-six, further empowering courts to direct removal of remains in boroughs, cities, and towns from burial grounds where interments have ceased or have become so neglected as to become a public nuisance, or such remains interfere with the improvements, extensions, and interests of such cities, boroughs, or towns."

(c) Restrictions as to railroad property.--In the case of counties of the third through eighth classes, the right-of-way of a railroad company shall not be acquired or occupied without the consent of the company owning or operating or in possession of the property.

Section 2403-A. Declaration of intention.

A county shall declare its intention to acquire, enter upon, take, use and appropriate any private property or land for any of the purposes authorized by this article through a duly enacted ordinance.

Section 2404-A. Application of 26 Pa.C.S.

Eminent domain proceedings must conform to the provisions of 26 Pa.C.S. (relating to eminent domain), including payment of damages and costs.

Section 107. Sections 2501, 2502, 2503 and 2504 of the act are amended to read:

Section 2501. Acquisition of Land and Buildings for Recreation Places.--(a) The county commissioners may [in any county] designate and set apart for use as [public parks, parkways, bridle paths, foot paths, playgrounds, playfields, gymnasiums, public baths, swimming pools, agricultural fairgrounds, or other indoor or outdoor recreation centers, all of which shall hereinafter be referred to as recreation places,] recreation places or for the enlarging or extending of recreation places, any lands or buildings owned by such county and not dedicated or devoted to other public use. [They may also designate and set apart any such land or buildings for the enlarging or extending of any such recreation places.]

(b) The county commissioners may also acquire [for use as any such recreation place, or the extension or enlargement thereof,] lands or buildings, by gift[, purchase or the power of eminent domain. They may also lease lands or buildings within the county for use for any such purpose.] or purchase, or may lease lands for use as, or the extension or enlargement of, recreation places.

(b.1) The county commissioners may, in accordance with the provisions of this act and 26 Pa.C.S. (relating to eminent domain):

(1) In counties of the third through eighth class, acquire private property by the power of eminent domain for use as, or the extension or enlargement of, recreation places.

(2) In counties of the second class A, acquire private property for the purpose of establishing, making, enlarging, extending, operating and maintaining public parks and multiuse recreational trails within the limits of the county.

(c) [The exercise of the power of eminent domain shall be in accordance with the provisions of this act.] The power to acquire lands or buildings, by gift or purchase, shall not extend beyond the limits of the particular county, except upon the consent of the adjoining county and [municipality or township] municipal corporation which would be affected thereby.

(d) A county may exercise the powers granted in this article jointly with any political subdivision.

Section 2502. Construction, Equipment and Maintenance; General Powers.--The county commissioners of any county may build, alter, extend, enlarge, manage, supervise, equip, ornament, operate and maintain recreation places, and may vest their authority to do so in any existing body or board, or in a park board, recreation board or fair board, any of which may be established by the county commissioners [of any county, except a county of the second class,] for any or all of the aforesaid purposes, functions and places as the county commissioners may determine. For the purpose of carrying out the provisions of this article, the county commissioners, or any body or board vested with their authority, may employ play leaders, recreation directors, supervisors, superintendents or any other officers or employes, as they deem proper. The number and salary thereof to the extent that such salary is paid from the funds of the county shall be determined by the salary board. All such recreation places shall be kept in good order and repair.

Section 2503. Fair, Park and Recreation Boards.--[If the county commissioners of any county shall determine that the power to supervise any or all recreation places shall be exercised by a park board or recreation board or fair board, they may establish in said county such] The county commissioners may establish a fair board, park board or recreation board, which shall possess all the powers and be subject to all the responsibilities of the [respective] county commissioners in the management, supervision, operation and maintenance of such recreation places. Any [such boards, when established,] board shall consist of a minimum of five persons and a maximum of nine persons. The members of such boards shall be appointed by the commissioners [of the county and shall be appointed] for a term to extend no longer than five years and the terms of the members shall be staggered in such a manner that at least one expires annually. Members of such board shall serve without pay. Vacancies in such board occurring otherwise than by expiration of term shall be for the unexpired term and shall be filled in the same manner as original appointments.

[If, on the effective date of this amendment, there is a recreation board established in any county that is not comprised of nine members, additional persons may be appointed but if there are more than nine members, vacancies shall not be filled until the membership is less than nine.]

Section 2504. Officers of Board.--The members of a fair board, park board or recreation board[, established pursuant to this article,] shall elect their own chairman and secretary and select all other necessary officers, to serve for a period of one year, and may, with the consent and approval of the county commissioners, employ such persons as may be needed, as provided by this article. Such boards shall have power to adopt rules and regulations for the conduct of all business within their jurisdiction.

Section 108. Section 2505 of the act is repealed:

[Section 2505. Joint Action.--Any county authorized by this article to acquire property for and operate and maintain any recreation places may acquire property in the manner provided in this article for such purposes, and operate and maintain the same jointly with any other county or any city, borough, township or school district.]

Section 109. Sections 2506, 2507, 2508, 2509, 2510, 2511, 2512(a) and 2513 of the act are amended to read:

Section 2506. Indebtedness.--The county commissioners may issue bonds, in accordance with [the Municipal Borrowing Law] 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) , for the purpose of acquiring lands or buildings for recreation places and for the construction, extension, enlargement, alteration or equipment thereof.

Section 2507. Payment of Expenses; Taxation; Annual Fairs; State Contributions.-- (a) All expenses incurred in the operation of [such] recreation places, established as herein provided, shall be payable from the treasury of [such] the county. The county commissioners may annually appropriate and cause to be raised by taxation [such tax] funds for any or all of the purposes authorized in this article, including debt service upon bond issues authorized herein. In counties of the second class A, the amount of the tax may not exceed two mills on the dollar of the assessed valuation of taxable property in the county.

(b) The county commissioners or the fair board, if there be one, may provide for and hold an annual fair or agricultural exhibition on [the fairgrounds acquired or maintained as aforesaid] county fairgrounds , and may accept aid or contributions from the Commonwealth under any act [of Assembly] for the payment of premiums at any such fair or exhibition.

Section 2508. Park Buildings.--The county commissioners [of any county] shall have exclusive power to lease all houses, cottages and buildings within the park limits which may be let without prejudice to the interest and purposes of the park, and to collect the rents and other considerations, including license fees provided therefor.

Section 2509. Use of Receipts.--All rents, license charges and fees, all fines, proceeds of sales, and profits of whatsoever kind, to be collected, received, or realized from [said] recreation places and buildings in any county, shall be paid into the county treasury. Moneys or property given or bequeathed to the county commissioners upon specified trusts shall be received and receipted for by the county treasurer and held and applied according to the trusts specified.

Section 2510. Damages; Forfeiture of Leases ; Penalties .-- (a) Any person violating any rules and regulations adopted for [such] recreation places shall be [further] liable to the full extent of any damage by him of her committed, in trespass or other action, and any tenant or licensed party who shall violate any rules and regulations [or any of them], or consent to or permit the same to be violated on [his or her or their] the premises, shall forfeit [his or her or their] the lease or license and shall be liable to be forthwith removed by a vote of the county commissioners. Every lease and license shall contain a clause making it cause of forfeiture for the lessee or party licensed to violate or permit or suffer any violation of any such rules and regulations.

(b) In counties of the second class A, the violation of any rules or regulations of the county commissioners for the government of public parks shall constitute a summary offense.

Section 2511. Employes; Police.--(a) For the purpose of performing all necessary duties relating to the establishing, making, enlarging, extending and maintaining public parks, buildings and other county-owned properties and for enforcing the rules and regulations ordained or resolved by the county commissioners or by any body or board of control where no penalty or fine is involved, the county commissioners of the county are hereby authorized to employ or appoint and equip proper persons , in such numbers and at such compensation as may be authorized by the salary board, to do all necessary and proper work connected therewith, including police or guard duty.

(b) The board of commissioners of any county of the third class that is contiguous to a county of the second class may, by ordinance, create or disband a county park police force within the county. When such a county park police force is created in accordance herewith, the county commissioners shall have power to employ the number of officers as may be fixed by the salary board of the county. The compensation of the county park police officers shall be paid by the county.

Section 2512. Duty of Police.--(a) It shall be the duty of the police, county park police or guards appointed to duty in any recreation places, buildings and other county-owned properties, without warrant, forthwith to arrest any offender against the rules and regulations, ordained or resolved by the county commissioners, that they may detect in the commission of such offense, and to take the person so arrested forthwith before a [magistrate, alderman or justice of the peace] magisterial district judge having competent jurisdiction.

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Section 2513. [Commissioners May Hold] Property Held in Trust.-- (a) Where the owner or owners of any real property, with or without improvements thereon, adapted to the use or purpose of public agriculture fairs or exhibits are willing to convey or devise said real property to the county wherein located, to be held in trust for the citizens and inhabitants of the county, the county commissioners may take title thereto and hold such real property in trust for the benefit of the citizens and inhabitants of the county.

(b) The county commissioners may receive and accept contributions in buildings or materials for additional improvements on the real property conveyed or devised and held in trust.

(c) The county commissioners may lease real property acquired under this section to any incorporated agriculture association willing and financially able to manage the premises, on condition that the premises will be used annually for agriculture fairs and exhibitions without any liability on the part of the county and with no expense to the county. Upon failure of any lessee to comply with terms of any lease, the county shall retake possession of the leased property.

(d) If, for a period of five years, no public use of the real property as contemplated by the grant or gift to the county is made, it may be sold on petition to the court of common pleas as provided by this act for the sale of county real property.

Section 110. Sections 2514, 2515 and 2516 of the act are repealed:

[Section 2514. Contributions for Additional Improvements.--The county commissioners of any county may receive and accept contributions in buildings or materials for additional improvements on the real property conveyed or devised and held in trust as hereinbefore provided.

Section 2515. Leases for Agricultural Fairs.--The county commissioners may lease real property so conveyed or devised to any incorporated agriculture association willing and financially able to manage said premises, on condition that said premises will be used annually for agriculture fairs and exhibitions without any liability on the part of the county and with no expense to the county. Upon failure of any lessee to comply with terms of any lease, the county shall retake possession of the leased property.

Section 2516. Power of Sale.--If for a period of five years no public use of said real property as contemplated by the grant or gift to the county is made, the county commissioners may sell real estate on petition to the court of common pleas as provided by this act for the sale of county real property.]

Section 111. Sections 2517, 2601, 2604, 2611, 2612, 2616, 2633, 2634, 2635, 2636, 2650, 2651, 2652 and 2653 of the act are amended to read:

Section 2517. Appropriations to Political Subdivisions for Recreation Places.--The board of commissioners, in counties of the third through eighth class, may appropriate moneys from the county treasury to aid [cities of the third class, boroughs, incorporated towns and townships] municipal corporations in the purchase, construction, operation and maintenance of [lands and buildings for public parks, parkways, bridle paths, foot paths, playfields, gymnasiums, public baths, swimming pools, golf courses, tennis courts, agricultural fair grounds, or other indoor or outdoor recreation centers and facilities] recreation places.

Section 2601. Authority to Provide Bridges, Viaducts and Culverts; Definitions; Application of Article.--(a) The [county] commissioners of any county may locate, lay out, open, construct, reconstruct, widen, straighten, extend, otherwise alter, replace, remove and in all other respects provide for bridges and viaducts over streams and other topographical impediments to public traffic, as parts or adjuncts of the roads within the county for vehicles and pedestrians or for pedestrians only, and culverts within the county or partly within and partly without the county, in accordance with [the procedures and requirements established by the provisions of] this article. The provisions of this [section and of this] article shall apply equally to all necessary approaches, abutments, slopes, walls, embankments, fills, piers and other things pertaining to bridges, viaducts and culverts as to the bridges, viaducts and culverts themselves.

(b) As used in this article "streams" include streams, rivers, creeks, ponds, lakes and all other such natural waters; "road" includes roads, streets, highways, lanes, alleys and all other such public thoroughfares; and "bridge" shall for the purpose of convenience include the bridges, provided for in this article, and also the viaducts and culverts and all things pertaining to such bridges, viaducts and culverts wherever such meanings may reasonably be intended.

(c) The provisions of this article shall not apply to any matters relating to such county bridges, viaducts or culverts [as are covered and] to the extent they are covered by the provisions of the State Highway Law, or of any other law vesting in the Secretary or Department of Transportation and the various counties of the Commonwealth, rights, powers and duties. The terms of the foregoing limitation shall apply as well in the case of the Public Utility Law and the Public Utility Commission.

(d) No county of the third through eighth class shall, in the exercise of any authority or duty conferred in this article, enter upon any road or property of any city or borough of, or adjacent to the county, or act in derogation of the lawful authority of any such political subdivision, except with the proper consent of such political subdivision.

(e) No bridge provided for by this article shall obstruct any canal or railroad, and nothing in this article shall be deemed to release any railroad or other public utility from the requirements of existing law.

Section 2604. Plans and Surveys for Bridges and Viaducts.--Whenever the commissioners [of any county] resolve to provide a bridge or viaduct, pursuant to this article, they shall cause to be prepared plans and surveys showing the location of the proposed structure, its approaches and the property or rights of property affected thereby, together with any roads in any [city, borough, incorporated town or township] municipal corporation proposed to be used in connection therewith.

Section 2611. Authorization to Contract with Municipality for Sharing of Certain Costs.--When any bridge is proposed to be located in any municipality, the county may enter into an agreement with such municipality providing that the municipality shall bear a portion of the cost of the location, laying out, opening, construction and maintenance of such bridge or that the municipality shall provide or maintain the approach thereto within the municipality or bear the costs of property damages of said approach. Every [such] agreement shall be entered into in writing and at least one executed copy thereof shall be furnished to each party thereto. Every such bridge shall be a county bridge and the duty of maintaining the same, except as otherwise herein provided, shall devolve upon the county. The expense thereof shall be provided out of any county funds authorized for use in the maintenance of county bridges.

Section 2612. Bridges on Boundary Between Two Counties.--(a) Whenever any bridge provided for by this article is on the boundary line between two counties or within one-fourth of a mile therefrom and necessary for the accommodation of the inhabitants of both counties, the commissioners of such counties shall act jointly in the exercise of all powers conferred upon them and in the performance of all duties imposed upon them. [Whenever] Except in a county of the second class A, whenever a petition of residents or taxpayers is required, such petition shall be made by the required number of petitioners in each county in relation to a boundary bridge under this section to the county commissioners of their county. Whenever any other petitions are required, such petitions shall be made to the county commissioners in each of such counties. Each of the boards of county commissioners shall act on such petitions and shall communicate its approval or disapproval to the other board.

(b.1) If one of the counties is a county of the second class A, and whenever the appointment of viewers or inspectors is required, the court of each county shall appoint a full number of viewers or inspectors and order a view in the manner and with like powers, duties and procedure provided for in the case of public roads. The total number thereof shall act together in the view or inspection and shall make a joint report and recommendations to each court. Exceptions to the report of viewers may be filed in and appeals therefrom made to the courts of either county, in which case the courts of the two counties sitting together shall hear and determine the same. Whenever publication of notice is required, the publications shall be made in each county. The approval of both boards of commissioners and of both courts shall be necessary in order to authorize any action requiring such approval.

(c) Whenever publication of notice is required, such publication shall be made in each county. The approval of both boards of commissioners shall be necessary in order to authorize any action requiring such approval.

(d) Whenever the procedure provided in Article XXIV of this act is to be followed, such procedure shall be carried out only in and by the county in which the lands, other property or materials entered upon, taken or damaged are located and the damages shall be paid by such county only.

(e) Any such bridge shall be a joint county bridge. All costs and expenses pertaining to such bridge and the maintenance thereof shall be borne by the two counties, jointly, in such proportions as shall be agreed upon, from time to time, by the commissioners thereof.

(f) For the purposes of this section, "joint county bridge" shall include a bridge over the boundary line between two counties constructed or proposed to be constructed as part of the laying out, alteration or vacation of roads intended to form a continuous highway from one county to another.

Section 2616. Acceptance of Bridge Donated to County.--(a) The commissioners of any county may accept, take charge of and enter upon the records as a county bridge, any bridge within the county which has been built at the expense of private persons or by public subscriptions, and has been opened to free public travel, used by the public and become necessary and convenient for the use of the public, upon notice in writing of the persons who built it or of the subscribers to the original subscription on which the money was raised to build the same, or the heirs or assigns of such persons or subscribers, or of a duly authorized board of trustees representing such persons or subscribers, that they desire to give the bridge to the county in which it is located. Where the bridge crosses the boundary line between two counties, the person or the person's heirs or the assignees, subscribers or trustees representing the person shall give notice in writing to the county commissioners of each county of the intention to donate the bridge to the counties jointly.

(c) All costs shall be paid out of the treasury of the county. The [county] commissioners may require the owner of said bridge to file, together with their notice, a bond sufficient to secure payment of the costs.

Section 2633. Temporary Substitutes for Bridges.--When any county bridge is destroyed or rendered impassable, the [county] commissioners may provide at the expense of the county, ferries or other temporary ways as a substitute for such destroyed or impassable bridge, until such bridge has been rebuilt or rendered fit for public travel. Where [such bridge shall have been] the bridge was maintained at the joint expense of two adjoining counties, the establishment and maintenance of such ferry or temporary way shall be by joint discretionary action of the boards of commissioners of both counties, and the expense thereof shall be borne by said counties in the same proportions as the maintenance of [such] the bridge was borne before it was destroyed or rendered impassable.

Section 2634. Closing, Vacating, Abandoning and Removing County Bridges.--Whenever it appears to the [county] commissioners that any county bridge including but not limiting to any destroyed or partially destroyed bridge has, from any cause, become burdensome and is no longer necessary for the accommodation of public travel, they may close, vacate, abandon and remove such bridge.

Section 2635. Contracts for Special Use of Bridge.--The commissioners [of any county] may enter into a contract or lease with any street railway, telegraph or telephone company or other public utility, their successors or assigns, desiring to use a county bridge and its approaches for other than ordinary public foot or vehicular traffic for the concurrent use of such portion of said public bridge and approaches as will not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon, and may charge tolls or rentals for such special use. No such contract or lease shall be entered into for a longer period than twenty years nor shall any such contract or lease be entered into unless approved by the Public Utility Commission or become effective except in accordance with the provisions of the Public Utility Law.

Section 2636. Contracts with Railroad Companies for Use, Purchase, Removal, Replacing or Exchange of County Bridge.-- (a) Any railroad company whose tracks or other facilities are located upon any county bridge may contract and agree with the commissioners of the county for the use, purchase, removal, replacing or exchange of such bridge, or for the compensation to be paid to the county by [said] the company for the use and occupancy of the bridge or [such] parts thereof [as may be used and occupied by said company. For such purpose the commissioners may contract with said company, and may do all acts necessary and proper to carry out such contract effectually].

(b) All moneys due and all obligations incurred by said companies under any such contract may be collected and enforced in the same manner as debts of like amount are recovered and similar obligations enforced in the Commonwealth.

Section 2650. Procedure for Taking Over Bridge by County; Aid to Political Subdivisions in Construction and Maintenance of Bridge.--(a) Whenever the construction of any new bridge, or of any bridge to replace any existing bridge, over a stream, or over or under a railroad, and forming part of any road in any city, borough, town or township, or between any two or more [such political subdivisions] municipal corporations is necessary, and requires more expense than it is reasonable that [such political subdivision, or any two of them jointly,] the municipal corporations, individually or jointly, should bear, and if it shall appear to the commissioners [of the county] that such bridge is necessary, [and would be too expensive for such political subdivision or adjoining political subdivisions to bear, it] the bridge may, at the discretion of the [county] commissioners, be entered on record as a county bridge. Such bridge shall thereupon be erected, maintained and kept in repair in the same manner as other county bridges constructed under the provisions of subdivision (a) of this article.

(b) If the [county] commissioners refuse to have such bridge entered on record as a county bridge, the county may pay the entire cost or any part of the cost of constructing such bridge including damages. Such bridge shall thereupon be a municipal [or township] bridge to be maintained and kept in repair by such [political subdivision] municipal corporation . The county commissioners may, at their discretion, furnish [such political subdivision] the municipal corporation the whole or any part of the money necessary to maintain such municipal [or township] bridge.

(b.1) The commissioners shall keep a record of all proceedings under this section.

(c) [Where the cost to the county will not exceed ten thousand dollars ($10,000), the county commissioners may furnish such aid in the construction of such bridge without following the procedure herein stipulated.] In addition to the provisions of Articles XVIII and XXIII of this act relating to contracting for services and personal property, whenever the county commissioners propose to build or repair a bridge upon the line between the two adjoining counties, required advertising shall be done in each county, and a copy of the plans and specifications shall be kept in the commissioner's office of each county.

Section 2651. Change in Location of Bridge and Roads.--[When] In counties of the third through eighth class, when such bridge is to take the place of an existing bridge, the viewers may change the location thereof so that it may be located and built in the most suitable place, or at the least expense, or in the best manner, and, in the case of the change of location of such bridge, they shall also report what change in the course or bed of the road to be connected therewith will be necessary, and shall also report the vacation of the old or existing bridge, and the vacation of such portion of the road connecting therewith as they may deem proper.

Section 2652. Construction of Embankments and Causeways as County Improvements[.--Where] in Certain Counties.--In counties of the third through eighth class, where a stream over which it may be necessary to build a bridge crosses a public road, and the building of such bridge requires the construction of an embankment or causeway leading to either end of such bridge, the erection of which embankment or causeway requires more expense than it is reasonable that one or more adjoining townships should bear, [and if it shall appear that for the use and enjoyment of said bridge by the public it is necessary to construct an embankment or causeway the construction of which would be too expensive for such township or townships to bear, it] the bridge may, in the discretion of the county commissioners, be entered on record as a county improvement and constructed as county bridges are constructed.

Section 2653. Contract for Parts of Municipal Bridges Where County Might Have Built Bridge.--(a) Where a [city of the third class, a borough or a township] municipal corporation is authorized to construct a bridge or viaduct over a stream or other place over which the county is authorized to build bridges and such [political subdivision] municipal corporation is authorized to contract with the county and with railroads, street railways and other companies or parties interested for the building and maintenance of such bridge or viaduct and for the payment of any damages caused by the location or building thereof, the county commissioners may contract with such [city, borough or township] municipal corporation for that part or portion of the bridge which crosses any of the places hereinbefore mentioned, including the abutments and piers thereof. Such part shall thereafter be maintained as a county bridge.

(b) In lieu of the contract above provided for, the county commissioners may contract for any part or portion of the whole structure equal to or greater than the part or portion which the county might have built.

(c) The contracts provided for in this section may stipulate that the county shall pay a certain portion of the whole contract price or cost of the work, including damages, or may stipulate that the county shall construct or pay for the construction of a certain part of the work, and may otherwise provide for the payment of the damages. The amount to be paid by the county shall be paid directly to the contractor as may be provided by the contract. The agreements may also provide for the maintenance of the viaducts and bridges after their erection.

Section 112. The act is amended by adding a section to read:

Section 2653.1. Contribution Where County Might Not Have Built Bridge in Certain Counties.--When a bridge or viaduct is built by a municipality and does not cross any place over which the county is authorized to construct a bridge but crosses merely railroad or railroads and private property, the commissioners of counties of the second class A may contract to pay an amount of money, not exceeding thirty per centum of the entire cost of the proposed bridge or viaduct. The bridge or viaduct shall thereafter be maintained as a municipal structure, and the county shall not be liable for any part of the cost of maintenance or repair thereof.

Section 113. Sections 2655 and 2656 of the act are amended to read:

Section 2655. Aiding Municipality in Constructing Bridge Over Ravine or Valley.--Whenever different parts of any municipality or any two municipalities are separated by an intervening valley or ravine, and the commissioners of the county in which such municipality or municipalities are located shall decide it necessary that a public bridge, to connect the territories thus separated, be constructed, [such] the county may contract with [such] the municipality or municipalities for the laying out and construction of [such] the bridge by such municipality or municipalities, and may pay to the municipality or municipalities such portion of the cost thereof as the county commissioners shall deem reasonable.

Section 2656. Entry of Municipal Bridge on Record as County Bridge.--Whenever a public bridge has been built or maintained by [any municipality, or by any two municipalities] one or more municipal corporations , and it shall afterwards appear to the commissioners that the care, maintenance and responsibility of said bridge is greater than it is reasonable that the said [political subdivisions] municipal corporations should bear, the commissioners may enter such bridge upon record as a county bridge, and it shall thereafter be a county bridge in the same manner as if it had originally been so entered on record, if the proper local authorities having the maintenance, supervision and control of such bridge shall tender the same to the said county [commissioners] free and without charge.

Section 114. Section 2670 of the act is repealed:

[Section 2670. Building or Repair of Bridges.--In addition to the provisions of Articles XVIII and XXIII of this act relating to contracting for services and personal property, whenever the county commissioners propose to build or repair a bridge at a cost in excess of ten thousand dollars ($10,000) upon the line between two adjoining counties, the advertising shall be done in each of said counties, and a copy of the plans and specifications shall be kept in the commissioners' office of each county.]

Section 115. Sections 2701, 2702, 2703 and 2704 of the act are amended to read:

Section 2701. Definitions.--The words defined in section [two thousand six hundred one of this act] 2601 shall be construed to have like meanings when used in this article.

Section 2702. Establishing County Roads.-- (a) For the purpose of providing public roads, specially constructed, improved and maintained, the county commissioners may[, upon approval by the court of quarter sessions, originally lay out and open any road, and take possession of and exercise control over any existing township road or part thereof, and build and maintain roads as county roads within their respective limits. They may, at any time, straighten, widen, extend and alter any such road or part thereof, and vacate so much thereof as may become unnecessary and useless. Any road so] :

(1) Lay and open any road.

(2) Take possession of and exercise control over any existing municipal road or part thereof, or any road decreed by a court to be a county road.

(3) Build and maintain roads as county roads within the county limits.

(4) Straighten, widen, extend and alter any county road or part thereof laid out, opened or acquired and vacate so much thereof as may become unnecessary and useless.

(b) Any road taken over or improved shall thereupon become a county road and be subject to the control and supervision of the county commissioners. It shall be the duty of the county to keep and maintain county roads established under this act and all other county roads in repair, the expense thereof to be paid by the county in the manner hereinafter provided.

Section 2703. Acquisition of Rights of Way of Abandoned Railroads.-- (a) The county commissioners [of any county] may take over any abandoned rights of way or bridge of a railroad company or any part thereof for the purpose of relocating any existing or locating a new county road, and they may purchase such abandoned right of way or bridge or such part thereof, as may be necessary for the relocating or locating of said county road, from the owner thereof[, at a fair price, to be approved by the court of quarter sessions of the county].

(b) Whenever [any such] an abandoned right of way or bridge of a railroad company or any part thereof is purchased under the provisions of this section, a county road shall be laid out and located thereon and shall thereafter be constructed, improved and maintained in accordance with law. Any [such] bridge so taken over shall become a county bridge and shall be maintained, rebuilt and repaired accordingly.

Section 2704. Joint Action by Counties.--The provisions of this article may also be exercised jointly by adjoining counties as to roads extending along and adjacent to county lines and from one adjoining county into another.

The procedure and jurisdiction in each county in such cases shall be the same as to any portion of such road lying within its limits, except that the petition, plans and surveys of such road shall describe and exhibit every portion of such road within the limits of such county and every portion thereof extending along the line of or into an adjoining county. The [several portions thereof] portions of the road lying within limits of each county shall be treated in all proceedings as one continuous road.

Section 116. Section 2705 of the act is repealed:

[Section 2705. To Be County Road as Soon as so Decreed.--All roads and parts thereof heretofore and hereafter decreed by the court, under this or any former acts of Assembly, to be a county road shall be subject to the control and supervision of the county commissioners. Upon the decree or order making an existing township road or part thereof a county road, the same shall immediately be kept in repair, made, constructed and maintained by the county and the township relieved of any duty thereto as a township road.]

Section 117. Sections 2706, 2707, 2708, 2709, 2710, 2721, 2722 and 2723 of the act are amended to read:

Section 2706. Maintenance and Repair of County Roads.--The commissioners shall have prepared plans and estimates, as often as required, for the repair and maintenance of all roads which the county is required by law to maintain and repair. [They may invite proposals for maintaining and repairing such roads or parts thereof in accordance with such plans and estimates and award the contract therefor in like manner as contracts for new improvements, or they may make the necessary repairs themselves. For the purpose of making such repairs, the commissioners may employ or appoint the proper persons and buy the necessary materials and buy or rent the necessary machinery.] Maintenance and repair may be undertaken by contract or through the use of county personnel, supplies and equipment. Any county may also lease any of its [machinery] equipment to any political subdivision within the county, upon such terms and conditions as may be agreed upon.

Section 2707. Annual Tax.--The commissioners may levy, assess and collect [an annual tax, of not more than two mills upon the dollar,] annual taxes upon all real and personal property within said county taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the locating, opening, building, improving, widening, straightening, extending, maintaining, repairing or vacating of roads or parts thereof [covered by the provisions of subdivision (a) 1 of this article], and for the taking and use of [such] land as may be necessary in constructing and maintaining proper slopes, embankments, fills [and] , culverts , embankment approaches and termini for roads, tunnels, subways and underground roads . The moneys so raised shall not be expended for any other purposes [than those named in this section] other than those for which the tax was levied , except for the maintenance, repair, construction and reconstruction of any county bridge or bridges whether or not located on a county road or roads. [All checks for the payment of any portion of the money raised for the purposes aforesaid shall be issued, in the manner provided by this act, upon estimates which shall be made from time to time by the persons charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work.] The taxes shall be at the following rates and retained, respectively, for the following purposes:

(1) Not more than two mills on the dollar for any purpose set forth in subdivision (a) 1 of this article.

(2) Not more than two mills on the dollar for any purpose set forth in subdivision (a) 2 of this article.

(3) Not more than two mills on the dollar for any purpose set forth in subdivision (a) 3 of this article.

Section 2708. Borrowing Money; Bond Issue and Tax Levy.--The county commissioners may borrow money and secure any indebtedness created by them for the purposes authorized under [subdivision (a) 1 of this article, by issuing bonds in accordance with the provisions of the Municipal Borrowing Law] this article, in accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) .

Section 2709. Changing Part of Road [Without View] Upon Agreement .--Whenever the board of commissioners deem it advisable to construct or alter any part of any road under their supervision and can agree with the property owners affected by such change as to damages, they may, upon payment of the damages agreed upon, construct or alter such part of such public road as contemplated in such agreement without the formality of a view. [This authority shall not extend to any construction or alteration, the cost and expenses of which to such county, including damages, shall exceed one thousand dollars ($1000). A petition setting forth the facts, accompanied by a map or draft of such proposed change, shall be presented to the court of quarter sessions for approval before such actual change is made, whereupon the new location, thus approved by the court, shall be the public road to all intents and purposes and the old location shall be vacated.] The old location of the road shall be vacated in accordance with this act.

Section 2710. Assessment of Benefits.--Whenever, in any county, any road or highway shall be originally located, laid out or constructed or relocated, opened, straightened, widened, extended or altered, or any part thereof vacated, the viewers appointed to assess damages [for taking, injuring or destroying property] in accordance with 26 Pa.C.S. (relating to eminent domain) , after having determined the amount of damages sustained, shall assess the whole or such part of such damages as may be represented by benefits upon the properties abutting on and benefited by [such] the improvements. The remaining part of such damages, if any, not so assessed against the abutting properties, shall be paid by the county. The total assessments for benefits shall in no case exceed the total damages awarded and agreed upon.

[The viewers shall in such cases file their report showing the balance struck between the damages awarded and the benefits assessed.]

Section 2721. Improvement of [Borough and Township] Municipal Roads.--Whenever such system of main thoroughfares had been adopted or when the adoption thereof is contemplated within two years after the commencement of such improvement, the commissioners may[, upon approval by the court of quarter sessions as hereinafter provided,] take exclusive control of and improve any road or section thereof located either wholly or in part[,] in any [borough or township] municipal corporation , whether existing by their authority or laid out in whole or in part by virtue of this act or otherwise. For that purpose, they may originally locate, lay out, establish in whole or in part relocate, straighten, widen, extend, alter and open roads, and construct and improve the same, and vacate so much of any roads as may be thereby rendered unnecessary and useless. Any road as established or altered, constructed and improved, under the provisions of this section, shall, by ordinance enacted by each [borough or by resolution adopted by the commissioners or supervisors of each township] municipal corporation through which such road shall pass, become [borough or township] municipal roads, and the duty of maintaining and keeping the same in repair shall devolve upon each respective [township or borough] municipal corporation through or into which the same extends.

Section 2722. Plan of System to Be Followed; Variations.--After such plans have been adopted and recorded pursuant to law, all applications under the preceding section [to the court of quarter sessions] shall be restricted and shall relate only to the establishing, opening, construction and improvement of the proposed roads of said system or parts thereof and the vacation of roads supplied by the portion opened and improved. The commissioners[, upon approval by the court of quarter sessions as hereinafter provided,] may relocate, straighten, widen, extend, alter and open, construct and improve, the proposed roads as laid out, surveyed, marked and shown upon the plans of said system, or to originally locate, lay out and establish, construct and improve roads which substantially supply said system or parts thereof which, although not parts of said system, are deemed by the court to be main thoroughfares of sufficient importance to be improved by the county and to be added to said plan, and in such case to vacate so much of the roads of the system and of roads already established as may be rendered unnecessary by the changes or by an entirely new location.

Section 2723. Improvement of Roads Not Part of System on Contribution From Parties Interested.--The commissioners may also originally locate, lay out and establish in whole or in part, relocate, straighten, widen, extend, alter and open, construct and improve roads not parts of said system nor deemed main thoroughfares, upon parties interested therein paying or securing to be paid[, in a manner to be approved by the court of quarter sessions,] such proportion of the cost of the original construction and improvement as the commissioners may deem just, which shall not be less than one-fourth of the cost in any case.

Section 118. Sections 2724 and 2725 of the act are repealed:

[Section 2724. Annual Tax.--The commissioners may levy, assess and collect an annual tax, of not more than two mills upon the dollar, upon all real and personal property within the county taxable for county purposes, for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in locating, opening, widening, straightening, extending, building, improving, maintaining, repairing or vacating of the roads or parts thereof improved under the provisions of subdivision (a) 2 of this article, and for the taking and using of such land as may be made necessary in constructing and maintaining proper slopes, embankments, fills and culverts. The moneys so raised shall not be expended for any other purposes than those named in this section. All checks for the payment of any portion of the money raised for the purposes aforesaid shall be issued, in the manner provided by this act, upon estimates which shall be made from time to time by the person charged with such duty, and the amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized.

Section 2725. Borrowing Money and Bond Issue.--Any county may borrow money and secure such indebtedness by issuing bonds in accordance with the provisions of the Municipal Borrowing Law for the purpose of building and improving the roads or any part thereof constructed under the provisions of subdivision (a) 2 of this article.]

Section 119. Sections 2730, 2731 and 2732 of the act are amended to read:

Section 2730. Purchase, Location, Construction, Operation and Maintenance Authorized.--Whenever the county commissioners shall deem it expedient [so to do and upon the approval thereof by the court of quarter sessions as hereinafter provided], they may cause to be purchased, located, constructed, operated and maintained roads, tunnels, subways or underground roads anywhere within the county, either wholly or partly within the boundaries of any [city, borough, town or township] municipal corporation . Any road, tunnel, subway or underground road, purchased or constructed under the provisions of subdivision (a) 3 of this article, shall forever thereafter be a county road, tunnel, subway or underground road, and the duty of maintaining and keeping the same in repair shall devolve upon the county. The expense thereof shall be paid by the county as hereinafter provided.

Section 2731. Contracts or Lease for Special Use of Improvements.--The commissioners[, subject to the approval of the court of quarter sessions,] may make a contract or lease with any street railway or transportation company, its successors and assigns, for the concurrent use of such a portion of said road, tunnel or subway or underground road, as shall not substantially impair or restrict the public use and enjoyment thereof, upon such terms and conditions as shall be agreed upon. [No such contract or lease for the concurrent use of a portion of such improvement shall be for a longer term or period than twenty years. Any such contract or lease shall be made in accordance with applicable provisions of the Public Utility Law.]

Section 2732. Taking Street or Other Property of [City or Borough] Municipal Corporation .--Should the commissioners of any county deem it necessary or advisable to enter upon or appropriate any road or property of any [city or borough] municipal corporation in the county, or take any other action affecting the property rights or authority of such [city or borough] municipal corporation , for the purpose of constructing or maintaining a road, tunnel, subway or underground road, or in connection with the improvement of any of them, which has been or is about to be purchased by the county or otherwise, the consent thereto of such [city or borough] municipal corporation by ordinance shall be obtained before the actual entering in or upon or the appropriation of such road or property. After such entry and appropriation, the county shall be liable and charged with the supervision, control and maintenance of said roads and properties, or so much thereof as is taken and used for the purpose of constructing and maintaining such road, tunnel, subway or underground road, or in connection with the improvement of any of them, purchased or to be purchased as aforesaid.

Section 120. Sections 2733, 2734, 2740, 2741, 2742, 2743, 2744 and 2745 of the act are repealed:

[Section 2733. Annual Tax Levy.--The commissioners may levy, assess and collect an annual tax, of not more than two mills on the dollar, on all real and personal property within the county taxable for county purposes for the purpose of acquiring and securing a fund from which to pay all costs, damages and expenses required in the purchasing, improving, locating, opening, constructing, maintaining and repairing roads, tunnels, subways and underground roads, purchased or constructed under the provisions of subdivision (a) 3 of this article, and the taking and using of such land as may be made necessary in constructing the same and in maintaining proper slopes, embankments approaches and termini for said roads, tunnels, subways and underground roads. The money so raised shall not be used or expended for any other purposes than those herein named. All checks for the payment of any portion of the money raised for the purposes aforesaid shall be issued, in the manner provided by this act, upon estimates which shall be made from time to time by the person charged with such duty. The amount and time within which the same shall be paid shall be fixed and determined in the contract made for the public work herein authorized.

Section 2734. Borrowing Money and Bond Issue.--Any county may borrow money and incur indebtedness in accordance with the provisions of the Municipal Borrowing Law, to an amount not exceeding the constitutional limitations, for the purchase and improvement or construction of such roads, tunnels, subways and underground roads.

Section 2740. Procedure to Obtain Approval of Quarter Sessions.--(a) When the county commissioners resolve to exercise any of the powers conferred in subdivision (a) of this article, they shall cause to be prepared surveys and plans of such road or tunnel, subway or underground road showing the improvement proposed to be made, together with any proposed changes in existing roads, and they shall present such surveys and plans, together with their petition, on behalf of such county, to the court of quarter sessions, praying for approval of such proposed exercise of powers. Such petition shall briefly describe the proposed improvement and the estimated cost thereof and, if the method of construction has not been fully determined, the estimated cost thereof according to each of the several methods in which the improvement may practically be made.

(b) On the filing of such petition, the court shall fix a time for a hearing thereon. Notice of said hearing shall be given, by an advertisement published at least ten days prior to the hearing in two newspapers of general circulation in the county, which notice shall briefly describe the location of the improvement proposed to be made and the time, place and purpose of said hearing. Upon the hearing thereof, the court may, for proper cause shown, disapprove the petition; otherwise, it shall approve the same and order that the improvement be made and constructed in accordance with the plans and surveys accompanying the petition. Thereupon, any original location, relocation, opening, widening, straightening, extension, alteration or vacation of any road as set forth in the proceedings and the right to proceed with such improvement shall become absolute.

(c) The words "improved" or "improvement" as herein used mean each and every power conferred upon counties under the terms of any of the preceding sections of this article.

Section 2741. Right of Eminent Domain.--For the purposes described in subdivision (a) of this article, the county commissioners may enter upon private or public property and may take, injure and destroy the same in the manner and subject to the restrictions and procedure prescribed by Article XXIV of this act.

Section 2742. Contracts for Improvements.--After said surveys and plans and the petition to the court of quarter sessions have been approved by the court, and the road, tunnel, subway or underground road, ordered to be made and constructed in accordance therewith, the commissioners shall invite proposals and let contracts for the making and constructing of the same or such parts of the same as the commissioners shall deem proper, in accordance with the provisions of Article XVIII of this act and of sections two thousand three hundred eighteen and two thousand three hundred nineteen and such provisions of Article XXVI of this act as establish additional requirements for advertising for bids, for inspection of plans and specifications by bidders, and for the dating and marking of bids filed.

Section 2743. Procedure Where Property is Left Without Outlet by Reason of Vacating of Part of Old Road.--Whenever, by reason of the relocating, opening, widening, straightening or extending of any road or any part thereof, any part of the road involved becomes useless and is vacated, and the property of one owner shall intervene between the new road and the lands of another owner, having no outlet by reason of said relocation, opening, extending, straightening and widening, it shall be the duty of the said county commissioners to obtain from the owner of said intervening property and the owner of the formerly contiguous or adjoining land an agreement satisfactory to such parties for providing an outlet for the said land. If the parties shall not agree to the transfer of the properties so intervening upon the new road, and any such lot or piece of land, in the opinion of the said county commissioners, be insufficient for building purposes, it shall be taken and used as part of said road or highway.

Section 2744. Parties Making Application for New Road to Notify Local Road Authorities.--In all cases wherein any proceedings are about to be had before the county commissioners or court for the laying out, opening and construction of new roads for public use, it shall be the duty of the parties making application to the commissioners or to the court for the appointment of viewers, reviewers or re-reviewers to lay out, open or construct such road, to give written notice of such application to the supervisors or commissioners of the territory through which the proposed road is designated to be laid out and constructed, of the time and place of such application, and the time and place of the meeting of viewers, reviewers and re-reviewers. A copy of said written notice, properly attested, shall be filed among the records of the court having cognizance of the matter. Failure to comply with the provisions of this section as to such notice shall be sufficient grounds for an application to set aside whatever proceedings may have been taken of which said supervisors or commissioners had no written notice.

Section 2745. Unlawful to Raise Road Above Ordinary Grade Over Drain or Culvert.--In the construction or repair of any road, it shall be unlawful for the person or persons in charge of such construction or repair to raise such road or permit the same to be raised or elevated above the ordinary grade thereof, when a drain or culvert shall be constructed under such road or when such road shall be constructed or repaired over such drain or culvert.]

Section 121. Sections 2750, 2753, 2756, 2757, 2758, 2759 and 2760 of the act are amended to read:

Section 2750. Vacation as County Roads.--Upon petition of the county commissioners, the court of [quarter sessions] common pleas may vacate as a county road any portions of any abandoned or condemned [turnpike] road, or any portions of any [turnpike] road purchased by the county, or of any road, the permanent location or improvement whereof has been ordered or made under this or former acts relating to county roads. All portions of such roads so vacated shall become [and be township roads] and be roads of the municipal corporation through which they pass . Written notice of the contents of said petition and the time when the same will be presented to the court shall be given by the county commissioners to the [supervisors or commissioners of the township or townships] governing body of the municipal corporation through which said road passes, at least ten days before the date of presenting the same. At the time said petition is presented, the court may fix a time for hearing in open court, or may refer the matter to an examiner to take testimony and report his findings to the court at such time as the court shall direct. At any hearing in open court or before an examiner appointed by the court, all parties in interest may appear and be heard. After such hearing, the court, if it shall find that the conditions prescribed by this act have been complied with, may grant the [prayer] request of the petitioners and make a decree accordingly or make such order in the premises as it deems right and just. No order of vacation shall be made until the [township] municipal corporation affected shall have consented thereto by an ordinance or resolution certified to the court.

Section 2753. Laying Out; Altering; Vacating.--Roads forming or intended to form a continuous highway from one county to another, which cross a river, creek or rivulet forming a boundary line between said counties, may be laid out or altered or vacated in the manner provided in the case of other roads . [, except that the court of quarter sessions of each county shall appoint three viewers and that a report as aforesaid shall be made to each court respectively, and that each court shall otherwise have and exercise concurrent jurisdiction therein.]

Section 2756. Municipal Streets Connecting Two Ends of County Road.--When a city or borough intervenes between two ends of a county road, and the [municipality] municipal corporation has failed to properly improve the municipal streets constituting the shortest and most reasonable route through [said municipality which] the municipal corporation that will connect the two ends of such county road, the board of commissioners may contract with the [corporate authorities of the municipality that] governing body of the municipal corporation to improve the shortest and most reasonable route [through said municipality] connecting the two ends of such highway [be improved].

Section 2757. Municipal Streets as Terminus of County Road.-- (a) When a county road terminates at the corporate limits of a city or borough in the same or in another county and connects with a municipal street which the [municipality] municipal corporation has failed to properly improve, and the commissioners of the county in which the [municipality] municipal corporation is located deem the improvement of such municipal street necessary in order to make such county road easily accessible to [the residents of the municipality] residents or to the traveling public, the county commissioners may contract with the [corporate officials of the municipality that such municipal street or any part thereof be improved, and also that there be improved, when necessary, any parts of the streets connected therewith which connect said] governing body of the municipal corporation to improve municipal streets, including, where necessary, streets connecting a county road with the business districts of [said municipality] the municipal corporation or with a system of improved streets therein or which connect the said road with another county road terminating at the limits of [said municipality] the municipal corporation .

(b) If several [municipalities] municipal corporations are contiguous to each other and at the corporate limits of any one of them a county road terminates and one or more [of such municipalities] have failed to properly improve any municipal street therein, and the county commissioners deem the improvement of such street necessary in order to make such county road easily accessible to [the residents of the municipality] residents or to the traveling public, the board of commissioners may enter into a similar contract with [the corporate authorities of such municipality or municipalities] any of the municipal governing bodies .

Section 2758. Improvements.--The board of commissioners may widen, repave or otherwise improve said municipal streets whenever the same is necessary to accomplish any of the purposes of sections [two thousand seven hundred fifty-six and two thousand seven hundred fifty-seven] 2756 and 2757 of this act. Whenever such improvement is made to a municipal street, the county may pay the total cost of such improvement, or the cost may be divided between or among the [municipality or municipalities] municipal corporations and the county. [The contract for any such improvement may be taken by the county upon the stipulation by any municipality to pay its proportionate share of the cost, if any, upon the completion of the work, or it may be taken by any municipality upon a like stipulation of the county, or the improvement may be made by joint contract.]

Section 2759. Maintenance.--Before any municipal street is so improved, the board of commissioners and the [council of such municipality] governing body of the municipal corporation shall agree upon the maintenance of such street. Such agreement may provide that such street shall be kept and maintained in good repair by the [municipality] municipal corporation , in which case, upon the completion of said improvement, all further liability and responsibility of the county shall [cease and determine] terminate , or it may provide that it shall be kept and maintained in good repair by the county and the share of the [municipality] municipal corporation shall be paid annually to the county.

Section 2760. Contracts With [Borough, Township or Incorporated Town] Municipal Corporations .-- (a) The board of commissioners may contract with the [authorities of any borough or township or any incorporated town] governing bodies of municipal corporations , separately or jointly, providing that the commissioners shall construct an improved road in a similar manner as a county road. The expense or cost of said construction shall be borne jointly by the [borough, township or incorporated town] municipal corporations and the county in such ratio or proportions as may be agreed on in said contract or contracts, irrespective of whether the [municipality] municipal corporation intervenes between two ends of the county road or not, or whether [or not the municipality] it is the terminus of a county road, State highway or township road.

(b) Payment for the construction of roads under this section shall be made by the county, which shall be reimbursed by the municipal corporation in such sums as agreed upon in said contract or contracts.

(c) Any road jointly constructed under this section shall be repaired and maintained at the expense of the county, but nothing shall prevent the governing body of a municipal corporation from entering into a contract or contracts with the county for the maintenance of said improved road under such terms and conditions as may be mutually satisfactory.

Section 122. Sections 2761 and 2762 of the act are repealed:

[Section 2761. Payment.--Payment for the construction of said road or roads shall be made by the county, which shall be reimbursed by the borough, township or incorporated town in such sums as agreed upon in said contract or contracts, upon presentation to them, from time to time, of estimates and bills for work already performed and paid for.

Section 2762. Repair and Maintenance.--Any such road, constructed jointly, shall be repaired and maintained at the expense of the county, but nothing shall prevent the authorities of a borough, township or incorporated town from entering into a contract or contracts with the county for the maintenance of said improved road under such terms and conditions as may be mutually satisfactory.]

Section 123. Section 2763 of the act is amended to read:

Section 2763. Where Center Line of Highway is Boundary Between City or Borough and Township.-- (a) Whenever the center line of any road constitutes the dividing line between any city or borough and a township located in the same county, the board of county commissioners and the commissioners or supervisors of such township may enter into a contract with the city or borough providing for the grading, curbing and macadamizing or paving of the roadway of said road. The cost thereof shall be borne one-half by the city or borough and one-half by the county and township, in equal portions.

(b) Alterations or improvements under this section shall be constructed, and subsequent repairs shall be made, under the supervision of the city or borough, in compliance with applicable laws and in further compliance with plans and specifications to be agreed upon in writing between the city or borough and the board of commissioners of the county and the governing body of the township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.

Section 124. Section 2764 of the act is repealed:

[Section 2764. Alteration or Improvement.--The said alteration or improvement shall be constructed and subsequent repairs shall be made under the supervision of the proper authorities of the city or borough, in compliance with laws governing the construction of such alterations or improvements in said city or borough, and in further compliance with plans and specifications to be agreed upon in writing between the said city or borough and the board of commissioners of the county and commissioners or supervisors of the township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township, or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.]

Section 125. Section 2765 of the act is amended to read:

Section 2765. Where Center Line of Road is Boundary Between City or Borough and Township in Adjoining County.-- (a) Whenever the center line of any road constitutes a dividing line between a township and a city or borough located in an adjacent county, the board of commissioners of the county and the commissioners or supervisors of such township may enter into a contract with the city or borough providing for the grading, curbing, macadamizing or paving of the roadway of said road. The cost thereof shall be borne one-half by the city or borough and one-half by the township and the county in which such township shall be situated, in equal portions.

(b) Alterations or improvements under this section shall be constructed, and subsequent repairs shall be made, under the supervision of the city or borough, in compliance with applicable law, and in further compliance with plans and specifications to be agreed upon in writing between such municipal corporation and board of commissioners of the county and the governing body of the township. The cost of repairs shall be borne one-half by the city or borough and one-half by the township or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.

Section 126. Section 2766 of the act is repealed:

[Section 2766. Alteration, Improvement and Repairs.--Said alteration or improvement shall be constructed and subsequent repairs shall be made under the supervision of the authorities of the city or borough, in compliance with laws governing such construction or improvement by such city or borough, and in further compliance with plans and specifications to be agreed upon in writing between such municipality and board of commissioners of the county and the commissioners or supervisors of the township. The cost of repairs shall be borne one-half by the municipality and one-half by the township, or by the county and township in equal portions or such other proportion as may be agreed upon by the county and township.]

Section 127. Section 2767 of the act is amended to read:

Section 2767. Improvement on Order of Common Pleas.--(a) In all cases in which it shall be found impossible to enter into [such] contracts or agreements under section 2765 , or where either the city or borough and the township or the county in which such township is situated shall refuse to enter into such contract or agreement, either [the municipality] a municipal corporation or the county [or township] may present its petition to the court of common pleas of either county setting forth the facts and circumstances, including the condition of the road from which the necessity and desirability for the grading, curbing, macadamizing or paving of the roadway appears, and the estimated cost thereof, and that the terms of such contract cannot be agreed upon by the [municipality and county or township] municipal corporations and the county , or either or any of them, or that either such [municipality or the county or township] municipal corporations or the county or any of them refuses to enter into such contract.

(b) The petition may [pray] request that the court, after hearing all the parties concerned, make its order or decree defining the nature and character of the improvement reasonably necessary or desirable to be made to the roadway, and requiring the parties hereinabove specified to enter into a contract or contracts for the making and constructing of the same as herein provided for. A copy of said petition, duly certified, shall be served upon the [municipality or county and township] municipal corporations or county concerned, other than the petitioner, with notice of the day fixed by the court for the hearing. Thereupon, any of the parties served with such notice shall be entitled, on or before such date, to file in the court its answer to said petition setting forth its version of the facts or such other matters in relation thereto as may be deemed necessary or proper by it.

(c) The court, upon the date fixed or at such other time as it may appoint, shall hear the evidence of the parties, or it may refer the matter to a master who shall hear the testimony of the parties and report his findings, in the same manner and under the same procedure as provided by the rules in equity in similar cases, to the court, which may reject, confirm or modify the same, and may make its decree or order directing the making of such alterations or improvements to the roadway as may be deemed reasonably necessary or desirable, and providing for the sharing of the cost of such improvements, one-half by the [municipality] municipal corporation and one-half by the county and township, in equal portions.

(d) Said order or decree may further provide that the repairs to such alterations and improvements subsequently required shall be borne one-half by the [municipality] municipal corporation , whether borough or city, and one-half by the county or township in equal portions, or such other proportions, as between the county and the township, as such court may find to be legal and proper. Thereupon, the grading, curbing, macadamizing or paving of the roadway of such road shall proceed in accordance with the decree or order of the said court in the same manner as if the contract or agreement had been entered into and duly executed.

Section 128. Section 2768 of the act is repealed:

[Section 2768. Guards or Barriers Along Township Roads.--When a township road runs along the edge of a precipice along which it may be necessary to erect guards or barriers for the proper protection of the traveling public, and the erecting of such guards or barriers requires more expense than it is reasonable the township should bear, the court of quarter sessions having jurisdiction shall, on the representation of the supervisors or on the petition of any of the inhabitants of such township, order a view. If, on the report of the viewers, it shall appear to the court and to the commissioners of the county that such guards and barriers are necessary and would be too expensive for such township, the same shall be erected and maintained by the county as county improvements. The county and the township may contract to share the cost thereof jointly. The provisions of this section shall apply to roads already opened as well as those hereafter opened.]

Section 129. Sections 2769, 2770, 2775, 2776 and 2777 of the act are amended to read:

Section 2769. Improvements of Roads Connecting With State Highway.--The county may, singly, or jointly with any [city or borough] municipal corporation , appropriate and expend moneys for the improvement of any road, not more than one mile in length in distance, outside of the limits of such [city or borough] municipal corporation , for the purpose of connecting improved streets in such [cities or boroughs] municipal corporations with a State highway.

Section 2770. Purchase of Road [Machinery] Equipment ; Renting of Road [Machinery] Equipment to [Townships] Municipal Corporations .--The county commissioners of any county may purchase such [machinery] equipment for the preparation of road material and the construction and maintenance of roads as they deem necessary and pay for the same out of the general funds of the county. Such [machinery] equipment may be rented by the county commissioners to any of the [townships] municipal corporations within such county applying for same, under such regulations and at such rentals as the county commissioners shall prescribe and fix. All [machinery] equipment , purchased under the provisions of this section, shall be operated only by persons employed for that purpose by and under the direct supervision of the county commissioners.

Section 2775. Laying Out Detours When County Road is Closed.--(a) Except in the case of emergency wherein the safety of the public would be endangered, no county road shall be closed to vehicular traffic except upon order of the county commissioners, nor for a longer period than is necessary for the purpose for which such order is issued. Except for temporary emergency police measures wherein the safety of the public would be endangered if it were not temporarily closed, no county road shall be closed to vehicular traffic when the same has been designated as a detour by the Department of [Highways of the Commonwealth] Transportation unless the written consent of the Department of [Highways] Transportation has first been obtained, or unless the county commissioners having jurisdiction over said road shall, by resolution, declare such closing necessary for the protection of the public safety.

(b) Whenever any county road shall be closed to vehicular travel, the board of commissioners shall immediately designate or lay out a detour, on which they shall cause to be erected and maintained, while such detour is in use, legible signs at each public road intersection throughout its entire length indicating the direction to the main highway. During the period when such detour is in use, the county commissioners shall maintain such detour in safe and passable condition. They shall also immediately remove all detour signs when the highway originally closed is again opened for traffic.

(c) The county commissioners shall, as soon as possible, repair the road designated as a detour and place it in a condition at least equal to its condition when designated as a detour.

[(d) "Highways" as used in this act includes all public thoroughfares and ways equally with the word "road", for convenience of expression.]

Section 2776. Detour Over Private Lands.--Whenever necessary in the creation of a detour as aforesaid, the county commissioners responsible for laying out the detour may enter into an agreement with the owners of private lands covering the acquisition of right of way privileges over private property for the period when the main highway shall be closed to traffic. In the exercise of the rights conferred by this section, the county commissioners responsible [are hereby empowered to] may pay for the necessary maintenance, subsequent repair and land rental out of such funds as are available for the construction and maintenance of the roads in their charge.

Section 2777. Fines and Damages.--(a) Any person who shall [wilfully] willfully remove, deface, destroy or disregard any barricade, light, danger sign, detour sign [or] , warning or traffic control device of any character whatsoever, erected or placed under authority of section [two thousand seven hundred seventy-five of this act] 2775 , or who shall drive on, over or across any road which had been closed by proper authority, shall[, upon conviction thereof in a summary proceeding before a magistrate, alderman or justice of the peace, be sentenced to pay a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), and the cost of prosecution, and in default of the payment thereof, shall be imprisoned one day for each dollar of fine and costs unpaid] be convicted of a summary offense : Provided, however, That persons who have no outlet due to the closing of a road may drive on, over or across such road, with the consent in writing of and subject to such conditions as may be prescribed by the county commissioners responsible for the closing, or their agents or contractors, without being subject to the fines imposed by this section.

(b) In addition to the fines herein provided, the county commissioners responsible for the maintenance of a road which has been closed to vehicular traffic, or their agents or contractors, may, in an action at law, recover damages from any person or persons who have damaged a road when it is closed to vehicular traffic.

(c) All fines collected under the provision of this section shall be paid [by the officer receiving the same to the treasurer of the boroughs, towns or townships in which the offenses shall have been committed] to the county treasurer for the general fund use of the county .

Section 130. Sections 2781, 2782, 2783 and 2784 of the act are repealed:

[Section 2781. County Road Caretakers.--The persons appointed by the board of commissioners to inspect and repair roads improved and maintained as county roads shall be designated county road caretakers. The caretakers shall have all the power and authority now vested by law in the constables of the several cities, boroughs and townships of this Commonwealth to keep the peace in and along the county roads of such county, and to enforce all laws regulating the speed of automobiles and other vehicles thereon, and to enforce all rules or regulations governing the use of such roads, and to make arrests therefor.

Section 2782. Caretakers Not Entitled to Fines or Penalties.--No such caretaker shall be entitled to any portion of any fine or penalty imposed upon any person or persons for any violation of any act of Assembly or rule relating thereto, but all such fines and penalties, when the proceeding is initiated by such caretaker, shall belong to and be paid into the county treasury for the benefit of the county.

Section 2783. Badge of Caretaker.--The board of commissioners shall furnish each of said caretakers, as an evidence of his authority, a badge having impressed thereon the words "Police ..................................... County Road Caretaker".

Section 2784. Rules for Protection of Road; Penalty for Violation.--(a) For the purpose of preventing unreasonable wear and destruction of public roads improved and maintained by the county, the board of commissioners may adopt and prescribe reasonable rules, regulating and restricting the use of said roads within the county by any means of locomotion and prescribe pecuniary penalties for the enforcement thereof. All such rules adopted by the board of commissioners shall, before becoming operative, be published once a week for three weeks in two newspapers of general circulation in the county to which the rules apply, and be recorded in the office of the recorder of deeds of said county.

(b) Any resident of the county within which the violation of any rule so adopted shall occur may institute and prosecute to judgment and execution an action of assumpsit, in any court having jurisdiction of such actions and the amounts involved, for the recovery of any penalty for the violation of any rule prescribed by the board of commissioners, of which penalty the plaintiff shall be entitled to one-half and the county shall be entitled to the other half, payable to the county treasurer, who shall add the same to the fund for the improvement of said county roads.

(c) Any person violating any rule so adopted shall, upon summary conviction, be sentenced to pay a fine of not less than five dollars ($5) or more than one hundred dollars ($100), payable to the county treasurer, who shall add the same to the fund for the improvement of said county roads. From any judgment obtained for said penalty and from said summary conviction an appeal shall lie as provided by law.]

Section 131. Section 2785 of the act is amended to read:

Section 2785. Penalty for Destroying, Et Cetera, Index Boards.--(a) It shall be unlawful for any person to [wilfully] willfully destroy, remove, injure or deface any sign or index board erected upon or near any public street, road or bridge by the authorities of any county, or erected, with the consent of such authorities, by any club, association or other organized body, for the direction, guidance or safety of travelers. Any and all such signs of wood, metal or other substance, affixed to trees or posts in or upon any roads, properly erected in such manner that they do not interfere with travel, or upon fences, telegraph, telephone, trolley or other poles, with the permission of the owners thereof, or upon private grounds, where consent has been obtained from the owners and tenants thereof, and which are close to roads, shall be within the provisions of this section.

(b) Any person violating the provisions of this section shall[, upon summary conviction, be sentenced to pay a fine of not less than ten dollars ($10) nor more than twenty-five dollars ($25) with all costs of prosecution, together with the value of such sign so destroyed, removed or defaced. In default of payment of said fine, costs and expenses, such person shall undergo an imprisonment for a period of not less than five nor more than sixty days.] be convicted of a summary offense and, in addition to other fines and penalties provided by law, may be required to provide reimbursement for the value of a sign destroyed.

Section 132. Nothing in this act shall be construed as requiring a county to liquidate any investment, in whole or in part, by disposing of securities or withdrawing funds on deposit if the investment was lawfully authorized prior to the effective date of this act.

Section 133. Repeals are as follows:

(1) The General Assembly declares that the repeal under paragraph (2) is necessary to implement the amendment of section 405 of the act of August 9, 1955 (P.L.323, No.130), known as The County Code.

(2) Section 210(2) and (2.1) of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code.

Section 134. This act shall take effect in 60 days.

APPROVED--The 24th day of October, A.D. 2018.

TOM WOLF